San Marino City Council
July 26, 2024

AGENDA – JULY 26, 2024 PAGE 1 of 175

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.SanMarinoCA.gov
(626) 300-0700 Phone
City Hall Council Chamber
2200 Huntington Drive
San Marino, CA 91108

ADJOURNED REGULAR MEETING OF THE

SAN MARINO CITY COUNCIL
FRIDAY, JULY 26, 2024 AT 8:30 AM

CITY HALL COUNCIL CHAMBERS
2200 HUNTINGTON DRIVE
SAN MARINO, CA 91108
AND
220 TONSET ROAD
ORLEANS, MA 02653
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.SanMarinoCA.gov/Zoom
How to offer public comment from home:

AGENDA – JULY 26, 2024 PAGE 2 of 175
Public comment will be accepted by email to [email protected] until 3:00 p.m. the day before 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 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.SanMarinoCA.gov.

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.

PRESENTATION

CERTIFICATE OF APPRECIATION AND RECOGNITION FOR TREASURER HAN’S SERVICE

NEW BUSINESS

1. FIND THE STREET REHABILITATION PROGRAM PROJECT EXEMPT

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),
AGENDA – JULY 26, 2024 PAGE 3 of 175

APPROVE THE PLANS AND SPECIFICATIONS AVAILABLE AT THE

OFFICE OF THE CITY CLERK AND AT THE DAIS, AWARD OF A

CONSTRUCTION AGREEMENT TO ONYX PAVING COMPANY, INC FOR
STREET REHABILITATION PROGRAM PROJECTS NO. 22-9271 AND 23- 9271 IN THE LOW BASE BID AMOUNT OF $7,171,000, AND REJECT ALL OTHER BIDS; AWARD A PROFESSIONAL SERVICES AGREEMENT

FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES TO
Z&K CONSULTANTS IN THE AMOUNT OF $199,996; AND AUTHORIZE

THE PARKS AND PUBLIC WORKS DIRECTOR/CITY ENGINEER TO

APPROVE CONTINGENCIES IN AN AMOUNT NOT TO EXCEED
$358,500
Recommendation: Staff recommends the City Council 1) find the project categorically exempt under the California Environmental Quality Act (CEQA) pursuant to Sections 15301(c) and 15302 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 Onyx Paving Company, Inc., 4) a Professional Services Agreement for construction management and inspection services to Z&K Consultants, and 5) authorize the Parks and Public Works Director/City Engineer to approve contract change orders and other contingencies in an amount not to exceed $358,500. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to 1) find the Street Rehabilitation Program Project exempt from review under the California Environmental Quality Act (CEQA) pursuant to Sections 15301(c) and 15302 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 Onyx Paving Company, Inc., for the Street Rehabilitation Program Project No. 22/23- 9271 in the amount of $7,171,000, 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 $199,996, and 5) authorize the Parks and Public Works Director/City Engineer to approve contract change orders and other contingencies in an amount not to exceed $358,500.”

CONSENT CALENDAR

2. RECOMMENDATION FOR CITY COUNCIL CONCURRENCE ON THE CITY

MANAGER'S SELECTION FOR FINANCE DIRECTOR AND APPOINTMENT

AS INTERIM TREASURER
Recommendation: If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move that the City Council: (1) concur with the City Manager’s hiring of Hillary Guirola-Leon as Finance Director; and (2) appoint Hillary Guirola-Leon as the City’s Interim Treasurer.”
AGENDA – JULY 26, 2024 PAGE 4 of 175

3. ADOPTION OF RESOLUTION NO. R-24-24 AMENDING THE JOB

CLASSIFICATION FOR THE POSITION OF CLERK TYPIST II
Recommendation: Staff recommends the City Council adopt Resolution No. R-24-24.

If Council concurs, an appropriate motion would be:
“I move to adopt Resolution No. R-24-24, amending the job classification for the position of Police Clerk Typist II.”

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.

FUTURE AGENDA ITEMS

ADJOURNMENT
Posted: 7/19/2024 ALISON WALKER

CITY CLERK
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: July 26, 2024
SUBJECT: FIND THE STREET REHABILITATION PROGRAM PROJECT

EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA), APPROVE THE PLANS AND

SPECIFICATIONS AVAILABLE AT THE OFFICE OF THE

CITY CLERK AND AT THE DAIS, AWARD OF A

CONSTRUCTION AGREEMENT TO ONYX PAVING

COMPANY, INC FOR STREET REHABILITATION PROGRAM
PROJECTS NO. 22-9271 AND 23-9271 IN THE LOW BASE
BID AMOUNT OF $7,171,000, AND REJECT ALL OTHER
BIDS; AWARD A PROFESSIONAL SERVICES AGREEMENT

FOR CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES TO Z&K CONSULTANTS IN THE AMOUNT OF
$199,996; AND AUTHORIZE THE PARKS AND PUBLIC

WORKS DIRECTOR/CITY ENGINEER TO APPROVE

CONTINGENCIES IN AN AMOUNT NOT TO EXCEED
$358,500

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Well-Maintained Infrastructure

BACKGROUND
The City’s 5-Year Capital Improvement Plan has annually included a street rehabilitation project each year since FY 2018-19 as part of the City Council’s priority initiative for well-maintained infrastructure. In 2022, staff proposed to combine two years’ worth of street rehabilitation program projects (FY Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 5 of 175
2022-23 and FY 2023-24) in an effort to maximize the City’s resources and help save on material costs due to economies of scale. Streets were selected based on the Council-adopted Pavement Management Plan, which provides a framework for street rehabilitation based on existing pavement conditions and anticipated cost of treatment.

The City’s civil engineering consultant, Nichols Consulting Engineers (NCE), prepared the plans, specifications and cost estimates for the project. The project’s scope of work includes construction of 26 street segments with rehabilitation treatments that include mill and overlay, surface reconstruction and full reconstruction recommended based on each street’s pavement condition and the results of the geotechnical investigation during design. The project plans are included as Attachment 6 to the report for reference. The project also includes the most extensive amount of concrete work to be completed as part of the street rehabilitation program to date with the removal and replacement of over 10,000 linear feet of curb and gutter, 4,100 square feet of driveway approaches, 1,300 linear feet of cross gutters and 49 curb ramps. As part of the adopted FY 2024-25 Capital Improvement Construction budget, two years’ worth of funding for FY 2022-23 and FY 2023-24 street rehabilitation projects are available.

DISCUSSION
Solicitation for Construction Bids
Upon completion of the Project Plans and Specifications, which are on file in the office of the City Clerk and present on the dais, the Public Works Department advertised the project for construction bids via the City’s online procurement platform. On July 15, 2024, a total of six bids were received for the Street Rehabilitation Project, as follows:

Bidder Base Bid
Onyx Paving Company, Inc..

Anaheim, CA $7,171,000.00
Sequel Contractors
Santa Fe Springs, CA $7,279,833.95
All American Asphalt
Corona, CA $8,269,222.00
Hardy and Harper, Inc.

Lake Forest, CA $8,670,000.00
Excel Paving
Long Beach, CA $9,155,931.70
PAGE 6 of 175
Access Pacific, Inc.

Pasadena, CA $9,755,093.49
Engineer’s Estimate $6,774,282

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, Onyx Paving Company, Inc., provided the lowest responsive and responsible Base Bid, provided satisfactory references, and is registered with the State Department of Industrial Relations.

Staff recommends award of a Construction Agreement for the Street Rehabilitation Program Project No. 22/23-9271 to Onyx Paving Company, Inc., in the low base bid amount of $7,171,000, plus a 5% contract contingency. The requested contingency will cover costs due to unforeseen site conditions and change orders for additional work requested by the City.

The total amount for the construction plus the construction contingency is $7,529,500. Once work has commenced, the project is scheduled to take 90 working days to complete.

The cost for this project is higher than originally anticipated due to 7 of the 26 total street segments, including portions of Orlando Road, Old Mill Road, Raleigh Road, Roanoke Road and Urmston Place, required full reconstruction.

The project also includes the most extensive amount of concrete work to be completed as part of the street rehabilitation program to date with the removal and replacement of over 10,000 linear feet of curb and gutter, 4,100 square feet of driveway approaches, 1,300 linear feet of cross gutters and 49 curb ramps. Additionally, costs have escalated significantly across the construction sector over the past few years.

Solicitation for Construction Management & Inspection Services Professional construction management and inspection services are recommended so that an experienced construction inspector 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.

PAGE 7 of 175
A Request for Proposal (RFP) was advertised via the City’s online procurement platform to invite qualified, interested firms to submit proposals for professional engineering services to provide construction management and inspection services. A total of three proposals were received on May 16, 2024.

Based upon careful review of the submitted proposals and interviews with each firm, staff recommends awarding a Professional Services Agreement to Z&K Consultants in the amount of $199,996. They were selected for this project based upon 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 60 other street improvement projects for numerous cities throughout the region. 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. As such, Z&K is very familiar with the community and how to ensure the project provides as little disruption as possible to residents while still moving at an efficient pace. Their familiarity with the City and community, as well as their professional qualifications and experiences on similar street improvement projects make them well-suited to manage the project.

Z&K Consultants also understands the importance of information management and is 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 relevant stakeholders stay informed during the project.

CEQA REVIEW
Pursuant to the California Environmental Quality Act (CEQA), this project is categorically exempt under Sections 15301(c) (Existing Facilities) and 15302 (Replacement or Reconstruction) because the streets comprising the project are existing facilities that will be located on the same site and within the current boundaries of the existing streets, and will have the same purpose and capacity as the original streets. Staff will prepare a Notice of Exemption for the project should it be approved.

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/construction support, construction cost, construction management cost, and project contingency will be $7,729,496. See below for breakdown.

PAGE 8 of 175
Item Cost
Construction Contract (Onyx Paving) $7,171,000
Construction Contingency (5%) $358,500
Construction
Management/Inspection (Z&K
Consultants)
$199,996
Total Project Cost $7,729,496
Various funding sources are available to use for this project, as detailed below:

Fund Name Amount
Capital Construction Fund (394) $4,113,496
CalRecycle Rubberized Asphalt
Grant
$91,000
Gas Tax (Fund 202) $1,230,000
Proposition C (Fund 215) $650,000
Measure R (Fund 243) $420,000
Measure M (Fund 247) $1,225,000
Total Revenues $7,729,496
The City’s adopted FY 2024-25 budget, including rollover of funds from prior years, has appropriated over $8,000,000 total for the street rehabilitation project in both the CIP fund and various special funds, as detailed above. The increase in costs from what was originally projected a few years ago can be attributed to the need for full reconstruction of multiple roadways, as well as the general cost escalation and inflation seen across the construction sector in the past few years.

The Finance Director has reviewed this staff report for compliance with San Marino Municipal Code §02.06.05.

LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the City Council 1) find the project categorically exempt under the California Environmental Quality Act (CEQA) pursuant to Sections 15301(c) and 15302 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 PAGE 9 of 175
a Construction Agreement to Onyx Paving Company, Inc., 4) a Professional Services Agreement for construction management and inspection services to Z&K Consultants, and 5) authorize the Parks and Public Works Director/City Engineer to approve contract change orders and other contingencies in an amount not to exceed $358,500. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to 1) find the Street Rehabilitation Program Project exempt from review under the California Environmental Quality Act (CEQA) pursuant to to Sections 15301(c) and 15302 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 Onyx Paving Company, Inc., for the Street Rehabilitation Program Project No. 22/23-9271 in the amount of $7,171,000, 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 $199,996, and 5) authorize the Parks and Public Works Director/City Engineer to approve contract change orders and other contingencies in an amount not to exceed $358,500.”

ATTACHMENTS

1.Tabulation of all construction bids received

2. Proposal from Z&K Consultants

3. Cost Proposal from Z&K Consultants

4. Draft Construction Agreement with Onyx Paving Company, Inc.

5. Draft Professional Services Agreement with Z&K Consultants

6. Project Plans
PAGE 10 of 175
Line I Description Quantity Unit of MeaUnit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total 1 Mobilization 1 LS $600,000.00 $600,000.00 $400,000.00 $400,000.00 $136,500.00 $136,500.00 $333,000.00 $333,000.00 $987,000.00 $987,000.00 $300,000.00 $300,000.00 2 Prepare and Implement SWPP and
Temporary BMP's 1 LS $200,000.00 $200,000.00 $25,000.00 $25,000.00 $26,366.60 $26,366.60 $5,156.00 $5,156.00 $29,000.00 $29,000.00 $12,000.00 $12,000.00 3 Prepare and Implement Temporary
Traffic Control Plan 1 LS $500,000.00 $500,000.00 $943,048.02 $943,048.02 $320,500.00 $320,500.00 $777,000.00 $777,000.00 $938,000.00 $938,000.00 $488,364.00 $488,364.00 4 Remove and Replace Concrete Curb
and Gutter (Type A2-6 or A2-8) 10499 LF $130.00 $1,364,870.00 $135.00 $1,417,365.00 $143.00 $1,501,357.00 $88.00 $923,912.00 $142.00 $1,490,858.00 $85.00 $892,415.00 5 Remove and Replace Concrete
Driveway Approach 4176 SF $30.00 $125,280.00 $31.00 $129,456.00 $35.00 $146,160.00 $28.00 $116,928.00 $29.00 $121,104.00 $24.00 $100,224.00 6 Remove and Replace Curb Ramp
(Various CalTrans Cases) 49 EA $12,000.00 $588,000.00 $10,200.00 $499,800.00 $14,800.00 $725,200.00 $8,800.00 $431,200.00 $9,000.00 $441,000.00 $16,000.00 $784,000.00 7 Remove and Replace Concrete Cross
Gutter 1329 SF $45.00 $59,805.00 $35.00 $46,515.00 $46.00 $61,134.00 $44.00 $58,476.00 $56.00 $74,424.00 $35.00 $46,515.00 8 Unclassified Excavation (Revocable
Bid Item) 1229 CY $175.00 $215,075.00 $91.00 $111,839.00 $233.00 $286,357.00 $88.00 $108,152.00 $160.00 $196,640.00 $120.00 $147,480.00 9 Remove Surfacing and Base (0.5"
Depth) 135 CY $99.00 $13,365.00 $91.00 $12,285.00 $75.00 $10,125.00 $88.00 $11,880.00 $71.00 $9,585.00 $75.00 $10,125.00 10 Remove Surfacing and Base (1.0"
Depth) 51 CY $232.00 $11,832.00 $91.00 $4,641.00 $175.00 $8,925.00 $88.00 $4,488.00 $167.00 $8,517.00 $200.00 $10,200.00 11 Remove Surfacing and Base (2.0"
Depth) 933 CY $102.00 $95,166.00 $91.00 $84,903.00 $77.00 $71,841.00 $88.00 $82,104.00 $73.00 $68,109.00 $75.00 $69,975.00 12 Remove Surfacing and Base (2.5"
Depth) 157 CY $193.00 $30,301.00 $91.00 $14,287.00 $145.00 $22,765.00 $88.00 $13,816.00 $138.00 $21,666.00 $140.00 $21,980.00 13 Remove Surfacing and Base (3.0"
Depth) 894 CY $103.00 $92,082.00 $91.00 $81,354.00 $77.00 $68,838.00 $88.00 $78,672.00 $74.00 $66,156.00 $140.00 $125,160.00 14 Subgrade Preparation 50902 SY $6.00 $305,412.00 $1.40 $71,262.80 $3.30 $167,976.60 $2.22 $113,002.44 $1.00 $50,902.00 $2.50 $127,255.00 15 Subgrade Over-Excavation and
Replacement with CMB and Geogrid
(6" Depth) (Revocable Bid Item) 1987 CY $415.00 $824,605.00 $215.00 $427,205.00 $365.00 $725,255.00 $123.00 $244,401.00 $283.00 $562,321.00 $210.00 $417,270.00 16 Wedge Grind (6' Wide) 10119 LF $1.09 $11,029.71 $3.30 $33,392.70 $.82 $8,297.58 $3.33 $33,696.27 $1.00 $10,119.00 $.85 $8,601.15 17 Conform Grind Asphalt Pavement 858 SY $3.16 $2,711.28 $4.70 $4,032.60 $2.40 $2,059.20 $11.00 $9,438.00 $2.30 $1,973.40 $2.40 $2,059.20 18 Cold Mill Asphalt Pavement (1.0"
Depth) 4533 SY $2.83 $12,828.39 $2.54 $11,513.82 $2.14 $9,700.62 $1.88 $8,522.04 $2.10 $9,519.30 $2.40 $10,879.20 19 Cold Mill Asphalt Pavement (1.5"
Depth) 7398 SY $7.71 $57,038.58 $3.81 $28,186.38 $5.80 $42,908.40 $2.77 $20,492.46 $6.00 $44,388.00 $5.60 $41,428.80 20 Cold Mill Asphalt Pavement (2.0"
Depth) 26943 SY $6.02 $162,196.86 $5.09 $137,139.87 $4.60 $123,937.80 $3.69 $99,419.67 $5.00 $134,715.00 $4.50 $121,243.50 21 Cold Mill Asphalt Pavement (2.5"
Depth) 4000 SY $7.70 $30,800.00 $6.34 $25,360.00 $5.40 $21,600.00 $4.56 $18,240.00 $6.00 $24,000.00 $5.20 $20,800.00 22 Cold Mill Asphalt Pavement (3.0"
Depth) 16789 SY $8.50 $142,706.50 $7.61 $127,764.29 $6.40 $107,449.60 $5.55 $93,178.95 $7.00 $117,523.00 $6.30 $105,770.70 23 Cold Mill Asphalt Pavement (3.5"
Depth) 15066 SY $10.07 $151,714.62 $8.92 $134,388.72 $7.60 $114,501.60 $6.69 $100,791.54 $8.00 $120,528.00 $7.40 $111,488.40 24 Cold Mill Asphalt Pavement (4.0"
Depth) 16005 SY $12.91 $206,624.55 $10.16 $162,610.80 $9.80 $156,849.00 $7.77 $124,358.85 $10.00 $160,050.00 $10.00 $160,050.00 25 ARHM (1.5" Depth) Including Utility
Adjustments 1824 TON $165.00 $300,960.00 $142.00 $259,008.00 $154.00 $280,896.00 $137.00 $249,888.00 $149.00 $271,776.00 $134.00 $244,416.00 26 ARHM (2.0" Depth) Including Utility
Adjustments 6310 TON $165.00 $1,041,150.00 $142.00 $896,020.00 $154.00 $971,740.00 $137.00 $864,470.00 $149.00 $940,190.00 $134.00 $845,540.00 27 ARHM (2.5" Depth) Including Utility
Adjustments 3116 TON $165.00 $514,140.00 $142.00 $442,472.00 $154.00 $479,864.00 $137.00 $426,892.00 $149.00 $464,284.00 $134.00 $417,544.00 28 HMA (1.5" Depth) 424 TON $150.00 $63,600.00 $122.00 $51,728.00 $137.00 $58,088.00 $127.00 $53,848.00 $138.00 $58,512.00 $118.00 $50,032.00 29 HMA (2.0" Depth) 3483 TON $150.00 $522,450.00 $122.00 $424,926.00 $137.00 $477,171.00 $127.00 $442,341.00 $138.00 $480,654.00 $118.00 $410,994.00 30 HMA (2.5" Depth) 1504 TON $150.00 $225,600.00 $122.00 $183,488.00 $137.00 $206,048.00 $127.00 $191,008.00 $138.00 $207,552.00 $120.00 $180,480.00 31 HMA (3.0" Depth) 3522 TON $150.00 $528,300.00 $122.00 $429,684.00 $137.00 $482,514.00 $127.00 $447,294.00 $138.00 $486,036.00 $128.00 $450,816.00 32 HMA (3.5" Depth) 867 TON $150.00 $130,050.00 $122.00 $105,774.00 $137.00 $118,779.00 $127.00 $110,109.00 $138.00 $119,646.00 $128.00 $110,976.00 33 Base Repair (6.0" Depth) 36864 SF $10.00 $368,640.00 $9.25 $340,992.00 $14.00 $516,096.00 $8.88 $327,352.32 $6.00 $221,184.00 $5.50 $202,752.00 34 Remove and Restore Pavement
Traffic Marking and Striping 1 LS $87,100.00 $87,100.00 $66,658.00 $66,658.00 $70,000.00 $70,000.00 $88,000.00 $88,000.00 $73,000.00 $73,000.00 $70,000.00 $70,000.00 35 Paint Curb House Numbering 1 LS $8,060.00 $8,060.00 $6,125.00 $6,125.00 $6,500.00 $6,500.00 $13,000.00 $13,000.00 $7,000.00 $7,000.00 $20,000.00 $20,000.00 36 Restore Curb Face Painting 1 LS $4,550.00 $4,550.00 $3,500.00 $3,500.00 $3,700.00 $3,700.00 $8,872.46 $8,872.46 $4,000.00 $4,000.00 $8,000.00 $8,000.00 37 Striping on Del Mar Avenue (Lorain
Road to Huntington Drive) 1 LS $37,050.00 $37,050.00 $28,497.00 $28,497.00 $30,000.00 $30,000.00 $44,000.00 $44,000.00 $36,000.00 $36,000.00 $38,000.00 $38,000.00 38 Construction Surveying 1 LS $120,000.00 $120,000.00 $97,000.00 $97,000.00 $102,000.00 $102,000.00 $93,600.00 $93,600.00 $98,000.00 $98,000.00 $95,000.00 $95,000.00 Total $9,755,093.49 $8,269,222.00 $8,670,000.00 $7,171,000.00 $9,155,931.70 $7,279,833.95 Base Bid - Street Rehabilitation Project Access Pacific, Inc. All American Asphalt Hardy & Harper, Inc. Onyx Paving Company, Inc PALP Inc. dba Excel Paving Company Sequel Contractors, Inc.

PAGE 11 of 175

CITY OF SAN MARINO

PUBLIC WORKS DEPARTMENT

REQUEST FOR QUALIFICATIONS / REQUEST FOR

PROPOSALS FOR PROJECT MANAGEMENT /

CONSTRUCTION INSPECTION SERVICES FOR THE

STREET REHABILITATION PROGRAM
MAY 16, 2024
Senior Project Manager/Construction Manager: Zack Faqih, PE, ICC Certified, MSCE, CBO, QSD/P Management Contact: Crystal Fraire, PE, QSD/P, President (Principal in Charge) 17130 Van Buren Boulevard, Suite 122, Riverside, CA 92504 Phone. 951.310.7470 | Fax. 949.630.3242 | [email protected]

PAGE 12 of 175
Table of Contents
Section 1. Proposal Summary ................................................................................................... 3 Title Page ......................................................................................................................... 1 Transmittal Letter............................................................................................................ 4 Executive Summary........................................................................................................ 5 Project Manager Qualifications and Experience.......................................................... 6 Client References.......................................................................................................... 13 Proposed Approach & Performance Criteria.............................................................. 14 Section 2. Financial Information.............................................................................................. 22 Financial Statements .................................................................................................... 23 Claims and Litigation History ...................................................................................... 24 Certificate of Insurance ................................................................................................ 25 Section 3. Response Forms..................................................................................................... 26 Acceptance of Form of Professional Service Agreement ........................................ 27 Section 4. Discretionary Supplemental Materials.................................................................. 28 Sample Documents....................................................................................................... 29 Appendix A.................................................................................................................... Resumes Pricing Proposal ...................................................................................... Submitted Separately

PAGE 13 of 175

SECTION 1:

PROPOSAL SUMMARY

PAGE 14 of 175

TRANSMITTAL LETTER
May 16, 2024
Amber Shah, PE, Public Works Director
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 the Street Rehabilitation Program
Dear Ms. Shah,
Z&K Consultants Inc. (Z&K) proudly presents our proposal to the City of San Marino’s Request for Qualifications/Request for Proposals for Project Management/Construction Inspection Services for the Street Rehabilitation Program. 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 Inspection, Project Management, Construction Management, Construction Administration, Pre-Construction Inspection, Staff Augmentation, and other Professional Engineering Consulting Services. The Z&K Team has held numerous similar contracts for local agencies, including the City of San Marino.

Potential Performance | The Z&K Team has been working diligently to understand every aspect of the project, including performing a constructability review for the City. This involvement provides us with a deeper understanding of the challenges and the key elements that the project may be facing and familiarity with the site and stakeholders. This knowledge and preliminary legwork will help us to hit the ground running and help the contractor understand the project better, preventing possible issues. Our Team has the ability, capacity, and skill to perform the contract and effectuate the work. We understand the project construction scope of work includes, but is not limited to the following: mobilization; traffic control and construction signage; removal and replacement of concrete curb and gutter, concrete cross gutter and concrete driveway approaches; installation of ADA compliant curb ramps; clearing and grubbing; removal and preparation of native subgrade materials; removal and disposal of Macadam base materials; localized pavement repairs; construction of coldmilling asphalt concrete pavement and overlay with hot mix asphalt (HMA); surface reconstruction; full reconstruction; removal and restoration of traffic markings and striping; painting curb house numbering and curb face painting.

Years of Work Experience | Our proposed Senior Project Manager/Construction Manager, Zack Faqih, PE, ICC Certified, MSCE, CBO, QSD/P, has over 32 years of experience and is thoroughly familiar with the City’s upcoming project. He will personally lead the Z&K Team and has a strong team of high-quality individuals to perform the tasks in this RFP. Tom Dawson, ICC Cert, CBO, has worked on numerous projects within the City of San Marino and will oversee this project as the Regional Supervising Inspector. Eddie Davalos is the proposed Senior Construction Inspector and Jimmy Martin is the Alternate Senior Construction Inspector to cover any night work, weekend, work, overtime, or as needed.

Brittany Duhn, PE, QSD/P is the proposed Project Manager and has also has extensive experience in the City of San Marino. This Team works efficiently and with great comradery with City staff to achieve the community's goals. Z&K has over 15 years of experience.

Experience with Similar Projects | Z&K has successfully delivered over 60 street improvement projects in the past 5 years with similar work. We have a track record of performing excellent services on similar contracts through saving significant time and cost from identification of the critical elements controlling the project schedule to providing alternate solutions. We have successfully completed multiple projects in the City of San Marino.

Satisfactory Performance | We have created unique staffing plan to meet the City’s needs and expectations for this Project. We are proud to Team up with Converse Consultants for Material Testing Services. Z&K has carefully selected this “A-Team” and has committed our most qualified staff for the duration of the contract to deliver successful the City’s Projects. Our Team has successfully held contracts in the City of San Marino, including the Street Rehabilitation Program, Project No. 20-9271; Street Rehabilitation Program, Project No. 21-9271; and Lift Station Improvement Program, Project No. 21-8022.

I will serve as the management contact for the full duration of the contract, and I am authorized to bind the firm to the terms of the proposal, execute legal documents on behalf of the firm, and negotiate and contractually obligate the Project Manager pursuant to all terms and conditions started in the Proposal. This Proposal shall be valid for a period not less than 90 days.

Z&K Consultants, Inc. does not have any exceptions and commits to accept the terms and conditions to the language in the RFP documents. Z&K Consultants, Inc. is a California C Corporation. Z&K intends to enter into a Professional Services Agreement with the City for the services as defined in the RFQ/RFP and acknowledges that there were no addendums. We are excited about this opportunity to serve the City of San Marino and are committed to the successful and early completion of the City’s Project.

Sincerely,
Crystal Fraire, PE, QSD/P, President (Principal in Charge) 17130 Van Buren Boulevard, Suite 122, Riverside, CA 92504 Phone. 951.310.7470 | Fax. 949.630.3242 | [email protected] The Z&K Team has
successfully
completed over 60
Street Improvement
Projects in the past 5
years.

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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, and staff augmentation. 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.

Our Team has provided a constructability review to the City for this Project and understand all aspects of the project. We have worked with the City of San Marino and the Designer, NCE, on the previous Street Rehabilitation Programs and know the community well. We are excited for the opportunity to continue working with the City.

The Z&K Team has successfully completed over 60 Street Improvement Projects providing Construction Management and Inspection services. We believe that this is the best team to complete the project, having Converse Consultants working together to meet and exceed the needs of this project. 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 Project. Z&K has carefully selected this "A-Team" and has committed our most qualified staff for the duration of this contract. 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 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 services for this project. 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.

Z&K has extensive experience providing Construction Management and Inspection Services on similar projects to the City of Indio’s Project. The Z&K team has provided services for the following similar Contracts and projects:

Street Rehabilitation Program, Project No. 20-9271 (City of San Marino) Street Rehabilitation Program, Project No. 21-9271 (City of San Marino) El Segundo Boulevard Improvement Project (City of El Segundo) Street Rehabilitation Program, 30+ Major City Streets (City of San Bernardino) Residential & Arterial Pavement Improvement, I-159/I-139 (City of Torrance) Ramona Ave. & Walnut Ave. Traffic Signal Modifications and Street Improvement Project (City of Chino) Kimball/El Prado/Central Traffic Signal Improvement Project (City of Chino) 11th Street Traffic Signal Modifications, Pavement Rehab, & Intersection ADA Project (city of Chino) Euclid Ave – State Route 83 Intersection Improvements and Traffic Signal Modifications (City of Chino) Second Street Bridge Widening over Warm Creek & Roadway Widening (City of San Bernardino) Bedford Wash Bridge and Street Improvements (City of Corona) Hamner Avenue Bridge Roadway Widening (RCTD)
River Road Bridge Replacement and Roadway Widening (County of Riverside) Street Rehabilitation Program - Three Separate Projects throughout the City (City of Lake Forest) Citywide Parkway Maintenance, Street Rehabilitation, & Slurry Seal Project (City of Costa Mesa) Slurry Seal Program for Various Locations Citywide (City of Chino) Alley/Sanitation Rehabilitation Project (City of Chino) FY 19-20 & FY 20-21 Street Rehabilitation Projects – Two Separate Phases (City of Alhambra) 2021-2022 Resurfacing Project: Residential Resurfacing Phase I (City of Irwindale Annual Residential Rehabilitation Project - Phase 1 & 2A (City of Compton) Anza/Vista Montana/Pacific Coast Highway Intersection Improvement Project (City of Torrance) 801-0081 Citywide Pavement Rehabilitation Project FY 18/19 & FY 19/20 (City of Moreno Valley) Pavement and Sidewalk Rehabilitation of 10 City Streets (City of San Bernardino) Infill Housing Sidewalk and Street Improvements Of 5 Major Streets (City of San Bernardino) Sidewalk and Street Improvements of 11 Major Streets (City of San Bernardino) Sidewalk Gap Closure Safe Routes to School, Project No. 13288 (City of San Bernardino) CDBG Local Streets Rehabilitation Project (City of Norwalk) Walnut Grove Street Resurfacing Project (City of Rosemead) Alley Rehabilitation Project Phase I, II, and III from Chino Ave to B Street (City of Chino) Farmer Boys Street and Traffic Signal Improvement Project (City of Chino) I-215/Van Buren Interchange Parking Lot (County of Riverside)

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PROJECT MANAGER QUALIFICATIONS AND EXPERIENCE
Our Senior Project Manager/Senior Construction Manager has a team comprised of experienced 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 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. | SENIOR PROJECT MANAGER/CONSTRUCTION MANAGER Zack Faqih, PE, MSCE, QSD/P, CBO, ICC Cert. has over 32 years of construction management experience and will be the dedicated Project Manager 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 street improvement projects.

He has worked in every position included in this contract. Mr. Faqih has experience in the Construction Management, Construction Inspection, Project Management, and Contract Administration of capital improvement and public works projects, and has successfully delivered over 40 similar street improvement projects including street improvements, slurry seal, pavement rehabilitation, traffic signal modifications, fiber communication, CCTV cameras, street lighting, intersection improvements, sewer and storm drain improvements, traffic signal improvements, curbs, gutters, sidewalks, bridge projects, and access ramps. He has extensive experience managing multiple projects in Los Angeles County and Orange County since 1999. Mr. Faqih’s experience extends to interfacing and coordinating with the Caltrans-Local Assistance Program, Counties, Cities, Funding Agencies. He has excellent skills in understanding construction contracts, review and control project cost and schedule, coordinate and assist in negotiating change orders, maintain project as-builts, managing multiple subconsultants and supervise inspection staff. Mr. Faqih excels in providing detailed constructability review of project plans and specifications, which minimizes the potential project delays and change orders and assists the client from pre-award to project close-out to ensure full funding reimbursement.

Mr. Faqih’s experience extends to interfacing and coordinating with the CaltransLocal 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 concurrent time delay claims, loss of production claims, differing site condition claims, rock claims, and defective concrete. He has served as an Expert Witness for underground claims and scheduling issues. Mr. Faqih’s experience and background makes him the City’s ideal candidate:

P Skilled in effective and creative conflict resolution and risk management
P Extensive background (32+ years) in construction
management of street rehabilitation projects including
civil, structural, mechanical, electrical, and
instrumentation components.

P Skilled in effective and creative conflict resolution and risk management and claims experience
P Provides concierge-level services to impacted residents as it relates to their access into and out of their property, noise, dust, and general disruption to their neighborhood P Continual communication of work progress and any and
all issues arising during construction
P Provides a weekly newsletter that can be shared with
City leaders
P Timely resolution of resident-related issue

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 17 of 175
TOM DAWSON, CBO, ICC CERTIFIED | SENIOR SUPERVISING INSPECTOR Mr. Dawson has over 28 years of experience providing quality control and quality assurance with extensive experience on of numerous major capital improvement projects including street improvements, traffic signal improvements, roadway widenings, bridges, transmission mains, new wells, tanks, reservoirs, water and wastewater treatment plants, pipelines, lift stations, booster pump stations, retaining walls, dewatering, parks and facilities, landscaping and irrigation improvements, utility installation, roadway widenings, grade separations, masonry walls, storm drain projects, roadway projects, street rehabilitations, and large-scale water and wastewater projects. He has provided construction inspection services for numerous local agencies. He has extensive Public Works Inspection experience and understands the expectations of the City since he has worked in the public and private sectors.

Mr. Dawson has completed numerous projects in the City of San Marino and knows the City and community well. He will oversee this project and provide his expertise and support to the Team as needed.

Mr. Dawson has provided project management 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.

EDDIE DAVALOS | SENIOR CONSTRUCTION INSPECTOR
Mr. Davalos has over 25 years of experience in public works inspection, construction management, contracting, quality control, construction inspection, and management of large-scale capital improvement projects, and has successfully delivered over 35 street improvement projects, involving street improvements, intersection improvements, median improvements, ADA ramp improvements, bike lanes and bike trails, conduit installation, traffic signal improvements, asphalt overlay, construction staging, traffic control, clearing and grubbing, SWPPP preparation, manholes and utility covers, loop detectors, PCC sidewalk, speed humps, and pedestrian crossings. Mr. Davalos’s expertise extends to his familiarity with Caltrans, Federal Department of Labor and State of California Division of Labor Standards Enforcement, and equal employment opportunity compliance monitoring.

JIMMY MARTIN, ACI, ICC CERT. | ALTERNATE SENIOR CONSTRUCTION INSPECTOR Mr. Martin has more than 27 years of construction management and inspection experience on capital improvement projects and is a certified ICC and ACI. Jimmy has been performed senior construction inspection services for various projects including pavement rehabilitations, traffic signal improvements, slurry seal projects, roadway widenings, intersection improvements, new intersections, bridges, interchanges, street improvements, traffic signal modifications, retaining walls, sound walls, MSE walls, sewer pipeline projects, water pipeline projects, water treatment facilities, wastewater treatment facilities, pipeline projects, and lift stations and has successfully delivered over 25 street improvement projects.

BRITTANY DUHN, PE, QSD/P | PROJECT MANAGER
Ms. Duhn has extensive experience in project management, office engineering, contract administration, document control, labor compliance oversight, and construction management, and has successfully delivered over 20 street improvement projects, involving street improvements, intersection improvements, ADA ramp improvements, bike lanes and bike trails, conduit installation, traffic signal improvements, asphalt overlay, construction staging, traffic control, clearing and grubbing, SWPPP preparation, coldmill and overlay, manholes and utilty covers, loop detectors, PCC sidewalk, speed humps, and pedestrian crossings. These are great testaments of Ms. Duhn’ managerial and oversight project experience. She gained tremendous experience in the design, operations, and maintenance by working closely with various stakeholders. Ms. Duhn has thorough knowledge of submittals, RFIs, and CCO review, project filing, daily reporting, quantity tracking, and project coordination.

This “A-Team” has worked together in this same capacity on multiple street improvement projects. This same Team worked on the previous City of San Marino’s Street Rehabilitation Program (Two Projects). 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 18 of 175

ORGANIZATION CHART
Z&K Consultants Inc. (Z&K) is a leading provider of construction management and inspection services. We are a full-service civil engineering firm specializing in Project Management, Plan Review, Program Management, Construction Management, Construction Administration, Construction Inspection, Pre-Construction Inspection, Staff Augmentation, and other Professional Engineering Consulting Services.

CONVERSE CONSULTANTS (MATERIAL TESTING) | Converse is an employee-owned corporation, with 9 offices and more than 150 employees throughout the United States. Their professional and technical staff includes in-house geotechnical engineers, engineering geologists, environmental scientists, deputy inspectors, laboratory and field technicians, drafting/CAD specialists, and other specialized support personnel. Their laboratories are certified by the Division of the State Architect (DSA), California Department of Transportation (Caltrans), US Army Corps of Engineers, American Association of State Highway and Transportation Officials (AASHTO), and the Cement and Concrete Reference Laboratory (CCRL).

TEAM QUALIFICATIONS/EXPERIENCE
Resumes of key personnel are included in Appendix A.

STAFFING CHART
Construction ManagementConstruction InspectionStreet Improvement ProjectsConcrete Curb & GutterCross Gutter & DrivewaysADA Compliant RampsMacadam Base MaterialLocalized Pavement RepairsCold-milling Asphalt Concrete Pavement Hot Mix Asphalt (HMA)Surface ReconstructionFull ReconstructionTraffic Markings & StripingCurb House NumbersCurb Face PaintingProject Close Out Zack Faqih, PE, MSCE, QSD/P, CBO, ICC Cert.

Senior Project Manager/Construction Manager ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Thomas Dawson, CBO, ICC Cert.

Senior Supervising Inspector ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Eddie Davalos
Senior Construction Inspector
ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü
Jimmy Martin, ACI, ICC Cert.

Senior Construction Inspector ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Brittany Duhn, PE, QSD/P
Project Manager
ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü

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FIRM EXPERIENCE
The Z&K Team has successfully performed Construction Management and Inspection services for projects for numerous public agencies. The following projects have been completed on time and within budget.

CITY OF SAN MARINO | STREET REHABILITATION PROGRAM, PROJECT NO. 20-9271 Z&K Consultants, Inc. provided Construction Management and Inspection Services for the City of San Marino’s Annual Street Rehabilitation Program, Project No. 20-9271. Work included a citywide roadway pavement rehabilitation project including construction of cold-milling asphalt concrete pavement and re-paving with hot mix asphalt (HMA) and asphalt rubber hot mix (ARHM), clearing and grubbing, removal and disposal of Macadam base materials where encountered, localized pavement repairs, replacing impacted traffic striping, markings, and loop detectors, curb painting, replacing damaged curb and gutter, adjusting utility frames and grates, utility coordination, and providing temporary traffic control in conformance with Contract Documents and applicable permits and regulations. Z&K provided our services for the Construction Phase, Close-Out Phase and provided additional services as needed. Z&K provided concierge-level service to impacted residents as it relates to their access into and out of their property, noise, dust and general disruption to their neighborhood; provided continual communication of work progress and any and all issues arising during construction; Provided a weekly newsletter from the construction inspector that can be shared with city leaders and residents is highly recommended; and Provided timely resolution of resident-related issues CITY OF SAN MARINO | STREET REHABILITATION PROGRAM, PROJECT NO. 21-9271 Z&K Consultants, Inc. provided Construction Management and Inspection Services for the City of San Marino’s Annual Street Rehabilitation Program, Project No. 21-9271. Work included a citywide roadway pavement rehabilitation project, with over 30 street segments, including construction of cold-milling asphalt concrete pavement and re-paving with hot mix asphalt (HMA) and asphalt rubber hot mix (ARHM), clearing and grubbing, removal and disposal of Macadam base materials where encountered, localized pavement repairs, replacing impacted traffic striping, markings, and loop detectors, curb painting, replacing damaged curb and gutter, adjusting utility frames and grates, utility coordination, and providing temporary traffic control in conformance with Contract Documents and applicable permits and regulations. Z&K provided our services for the Construction Phase, Close-Out Phase and provided additional services as needed. Z&K provided concierge-level service to impacted residents as it relates to their access into and out of their property, noise, dust and general disruption to their neighborhood; provided continual communication of work progress and any and all issues arising during construction; Provided a weekly newsletter from the construction inspector that can be shared with city leaders and residents is highly recommended; and Provided timely resolution of resident-related issues.

CITY OF EL SEGUNDO | EL SEGUNDO BOULEVARD IMPROVEMENT PROJECT, PW 23-02 The Z&K Team is providing Project Management, Construction Management, Construction Inspection, Pre-Construction Inspection, and Contract Administration Services for this project, which involves the following: rehabilitate existing pavement along El Segundo Boulevard between Illinois Street and Isis Avenue; and rehabilitation along Nash Street, between El Segundo Boulevard and Imperial Highway. Several options of pavement rehabilitation were considered, and the recommended option would include cement stabilized base with an asphalt overlay. Install curb ramps on El Segundo Boulevard at Illinois Street, Continental Boulevard, Nash Street, Douglas Street, and Aviation Boulevard intersections. Install curb ramps on Nash Street at Grand Avenue, Mariposa Avenue, Maple Avenue, Atwood Way, a midblock crosswalk, and Imperial Highway intersections.

CITY OF SAN BERNARDINO | STREET IMPROVEMENT PROGRAM (30+ MAJOR CITY STREETS) Z&K Consultants, Inc. is providing Project Management, Construction Management and Inspection Services for this longterm, on-call contract with the City of San Bernardino, which includes street resurfacing and pavement rehabilitation for over 30 major streets and multiple major street intersections in the City. The projects include roadway and pavement rehabilitation, concrete improvements, cross gutters, curb and gutters, curb ramps, ADA improvements, storm drain and pipeline relocation, traffic signal improvements, traffic control, full depth removal and replacement of asphalt concrete, cold milling and AC overlay of existing asphalt concrete, slurry seal application PCC sidewalk, replacement of existing PCC driveways, driveway approaches, curb ramps, retaining curbs, parkway culverts, cross gutters, asphalt-concrete pavement, removal and replacement of trees, clearing and grubbing, installation and configuration of multiple traffic loop detectors and bicycle traffic loop detectors, installation of city project signs, preservation of existing city survey monuments, adjusting manhole and utility covers to grade, reconfiguration and installation of street lighting, and installation.

Our Projects include the following similarities to the City of San Marino’s Street Rehabilitation Program:
ü Street Improvement ü Mobilization
ü Traffic Control and Construction
Signage ü Removal and Replacement of
Concrete Curb and Gutter
ü Concrete Cross Gutter and
Concrete Driveway Approaches
ü Installation of ADA Compliant
Curb Ramps
ü Clearing and Grubbing
ü Removal and Preparation of Native
Subgrade Materials
ü Removal and Disposal of Macadam
Base Materials
ü Localized Pavement Repairs
ü Construction of Cold-Milling Asphalt
Concrete Pavement
ü Overlay with Hot Mix Asphalt (HMA)
ü Surface Reconstruction
ü Full Reconstruction
ü Removal and Restoration of
Traffic Markings and Striping ü Painting Curb House Numbering and Curb Face Painting
ü Construction Management
ü Labor Compliance Monitoring ü Inspection Services
ü Material Testing Services

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CITY OF CARSON | CITYWIDE PAVEMENT REHABILITATION AND SLURRY SEAL PROGRAM The Z&K Team is providing Construction Management, Project Management, and Inspection oversight services for this Project which includes all four districts of the City of Carson. Z&K is providing Construction Management and Inspection to identify all streets, sidewalks, curb ramps, etc that are in disrepair and need to be added to the project scope. Z&K team is working concurrently with the contractor onboard to provide project scope of work and maps as the contractor completes each district. Scope of work includes traffic control, striping, pavement markings, cold milling, leveling course, asphalt rubber hot mix, traffic loop detectors, concrete improvements, and slurry. In addition to providing the design and scope of the project, Z&K team is performed construction inspection and management services, review of traffic control plans, SWPPP review and implementation, coordination of geotechnical and material testing, labor compliance, attending and coordination construction progress meetings, submittal and request for information review, verification of project pay item quantities, invoice review, preparing daily inspection reports, change order review, developing punch lists for the contractor, ensuring quality control and quality assurance, and assisting in public relations management.

CITY OF TORRANCE | NZA/VISTA MONTANA/PACIFIC COAST HIGHWAY INTERSECTION IMPROVEMENT

PROJECT & RESIDENTIAL & ARTERIAL PAVEMENT IMPROVEMENT
Z&K Consultants, Inc. has provided Construction Management and Construction Inspection services for a series of projects for the City of Torrance, including the 2020 Residential & Arterial Pavement Improvement Project and the Anza/Vista Montana/Pacific Coast Highway Intersection Improvements project. These projects consist of street and pavement improvements, as well as traffic signal improvements, to a residential neighborhood and four arterial streets for one project, and intersection improvements and lane upgrades for the other. Improvements include street and pavement rehabilitation, intersection improvement, clearing and grubbing, slurry seal, cold mill and AC overlay, utility coordination, as well as electrical and lighting improvements, including traffic signal hardware replacement, pedestrian countdown signal hardware installation, replacement and testing of fiber optic communication equipment, boring inspection.

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

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

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

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

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

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

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

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

PAGE 21 of 175
CITY OF CHINO | EUCLID AVENUE – STATE ROUTE 83 INTERSECTION IMPROVEMENTS AND TRAFFIC SIGNAL

MODIFICATION PROJECT
Z&K Consultants, Inc. has provided Construction Management and Construction Inspection services for a series of projects for the City of Chino Euclid Ave State Route 83 Intersection Improvements and Traffic Signal Modification Project. The project consisted of traffic signal improvements, street and pavement improvements, as well as traffic signal improvements, to a residential neighborhood and four arterial streets for one project, and intersection improvements and lane upgrades for the other. Improvements include street and pavement rehabilitation, intersection improvement, clearing and grubbing, slurry seal, cold mill and AC overlay, utility coordination, as well as electrical and lighting improvements, including traffic signal hardware replacement, pedestrian countdown signal hardware installation, replacement and testing of fiber optic communication equipment, boring inspection. The scope also involved drainage improvements, landscaping improvements, AC base course, ARHM pavement, concrete repairs to curb, gutter, sidewalk, driveways and driveway approaches, and replacing markings and striping on concrete and asphalt.

CITY OF SAN BERNARDINO | SECOND STREET BRIDGE OVER WARM CREEK & ROADWAY WIDENING Z&K Consultants provided Construction Management Services as a prime consultant for the Second Street Bridge Over Warm Creek. This project is located in downtown San Bernardino; this project involves construction on the 2nd Street bridge between Arrowhead and Mountain View Avenues. Overall, the project involves demolishing the existing bridge, widening sidewalk by one foot on each side, installing bridge barrier railings in conformance with AASHTO standards, street improvements, retaining walls, steel piles, pavement grinding, new asphalt concrete pavement, reinforced concrete pipe, utility relocations, and winterization of the creek. This project must comply with the Santa Ana Regional Water Quality Control Board (401 Permit), U.S. Army Corps of Engineers (404 Permit), and Department of Fish and Wildlife (1602 permit).

CITY OF CORONA | BEDFORD WASH BRIDGE AND STREET IMPROVEMENTS Z&K Consultants provided Construction Management Services as a prime consultant for the Bedford Wash Bridge. The overall site consists of approximately 508 acres located south of Eagle Glen Parkway and Cajalco Road, west of the I-15 Freeway in the City of Corona, Riverside County, California. The single span bridge structure is located roughly in the northeasterly portion of the site. The bridge spans over a newly constructed flood control channel. The project includes abutments, street improvements, a roundabout, CIDH piles, retaining walls, utility relocations, concrete barrier type 842, AC paving, cast-in-place post-tensioned girder, structure approach, drainage, signage, and landscaping. This project included permitting from the Department of Fish and Wildlife, US Army Corps of Engineers, RWQCB 401, and ADL Agreement notification.

RCTD | HAMNER AVENUE BRIDGE ROADWAY WIDENING
Z&K Consultants (Z&K) provided Construction Management services as a lead subconsultant. The project replaces the existing two-lane Hamner Avenue Bridge with a six-lane bridge, designed to the latest version of the seismic code and scour design criteria. The Z&K Team was heavily involved in both the design and construction of the River Road Bridge Replacement. The profile of the new bridge and approach roadways places the bridge structure entirely above the 100- year water surface elevation (WSE). The new bridge would include three 12-foot lanes and a 4-foot shoulder in each direction (northbound and southbound) separated by a 4-foot curbed median, and a 12-foot wide, barrier-separated multipurpose trail on the east side of the bridge. To the north of the bridge, Hamner Avenue will include three 12-foot lanes and a 4-foot shoulder in each direction along with a 5-foot sidewalk on the east side of the roadway.

COUNTY OF RIVERSIDE | RIVER ROAD BRIDGE REPLACEMENT AND ROADWAY WIDENING Z&K provided Construction Management services as a lead subconsultant which involved the construction of a new bridge, demolition of existing bridge and new approach roadways in, over, and around the Santa Ana River. The new bridge is ~20 feet higher than the existing bridge and provides an all-season crossing. The new bridge is 1200 feet long by 78 feet wide cast-in-place prestressed concrete (CIP-PS) Box Girder superstructure supported by pier walls on driven steel piles.

Abutments are supported by 5 feet diameter x90 feet deep cast-in-drilled holes (CIDH) piles. The project also included the relocation of Edison Overhead Transmission & Distribution Powerlines and fiber optic lines for the entire length of the project, construction of 30-inch sewer force main and 3×20-inch water lines, other Time Warner & AT&T Lines.

CITY OF LAKE FOREST | STREET REHABILITATION PROGRAM (THREE SEPARATE PROJECTS) The Z&K Team is providing Project Management, Construction Management, Construction Inspection, Pre-Construction Inspection, and Contract Administration Services for these projects, which involves the street resurfacing and the slurry seal. Relevant project features include street resurfacing and rehabilitation, application of slurry seal, grinding and overlay, cold milling, concrete improvements, ARHM pavement, AC base course, aggregate base, signing, striping, markings and pavement legends, removal and replacement of PCC curb ramps, removal and replacement of PCC sidewalk, bike lane traffic loops, Type E traffic loops, dig-outs, sewer and storm drain manhole adjustments, and water valves adjustments.

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

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CITY OF CHINO | SLURRY SEAL PROGRAM (VARIOUS LOCATIONS CITYWIDE) Z&K Consultants Inc. is providing Project Management, Construction Management, and Inspection oversight services for this Project which includes street rehabilitation and slurry seal of various streets, including, Pipeline Ave from City Limits to City Limits, Chino Ave from City Limits to City Limits and Schaefer Ave from City Limits to City Limits. Scope of work includes pavement improvements, street resurfacing, crack sealing, slurry seal, localized dig-outs, striping removal/install, and traffic loop detectors.

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

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

CITY OF COMPTON | ANNUAL RESIDENTIAL REHABILITATION PROJECT, PHASE 1 & 2 Z&K Consultants, Inc. provided Construction/Project Management and Inspection Services for this Project. This is a street rehabilitation project of seven major City streets. Myrrh Street is CDBG funded and managed separately. The scope of work consists of asphalt overlay, clearing and grubbing, construction of cold mill and AC overlay, slurry seal application, HMA pavement, ARHM overlay, AC base course, aggregate base, full depth AC slot pavement, PCC sidewalk and pavement, PCC curb and gutters, PCC cross gutter, alley intersection, sidewalk, driveway approach, curb ramps including detectable warning surfaces, signing, striping, markings, pavement legends, speed hump, landscaping, irrigation, adjusting manhole and utility covers to grade, water valve, water meter, street lighting, installation of loop detectors and bicycle loop detectors, traffic signal modification, adjustment of streetlight and traffic signal pull boxes to grade. Z&K inspectors performed mobilization, construction staging coordination in heavily traveled intersections, traffic control, SWPPP and erosion control plan preparation. Services also included full-service construction management, pre-construction, establishing a management information system, reviewing traffic control plans, meetings, issues management, scheduling, cost control, labor compliance, reviewing RFIs and Submittals, change orders, dispute resolution, quality control/inspection, public relations, permits/environmental compliance, progress payments, monthly staff reports, site safety, as-builts drawings, final walkthrough, and project completion reports. Project was within schedule and budget.

CITY OF MORENO VALLEY | 801-0081 AND 801-0084 CITYWIDE PAVEMENT REHABILITATION PROJECTS Z&K Consultants is providing Construction Inspection Services as part of the Construction Management and Construction Inspection team for the City of Moreno Valley Citywide Pavement Rehabilitation project. The project is to rehab some of Moreno Valley City Streets as per plan, it includes cold milling to 1.5” and place 1.5” ARHM asphalt, removing and reconstructing an ADA Access ramps, inspection the grinding depth and limits, checking asphalt material mix design, assuring the ambient temperature, as well as the asphalt temperatures, are within specification.

CITY OF NORWALK | CDBG LOCAL STREETS REHABILITATION PROJECT Z&K Consultants, Inc. is providing Construction Management and Inspection services for the Local Streets Rehabilitation Project, funded by the Community Development Block Grant (CDBG) fund. The scope of work includes improvements to concrete appurtenances, including cross gutters, curb and gutters, upgrades of curb ramps to ADA standards, and intersection improvements, traffic signal improvements, bike lanes, underground utility coordination, conduit installation, and rehabilitation of roadway pavement conditions.

CITY OF ROSEMEAD | WALNUT GROVE AVE. RESURFACING PROJECT, PHASE I Z&K Consultants, Inc. is providing Project Management, Construction Management and Inspection Services for this project, which involves street resurfacing of Walnut Grove Ave., from Marshall St. to Grand Ave. in the City of Rosemead. In addition to street improvements, the project included intersection improvements, removal and replacement of existing AC pavement, cold mill and overlay, asphalt pothole repairs, replacement of PCC sidewalk, removal and replacement of ADA ramps, curb and gutter, bike lane and bike trail, traffic signal modifications, installation of medians, adjustment of manholes and utility covers to grade, installation of specialty and bicycle loop detectors, pedestrian crossings, and roadway markers.

CITY OF SAN MARINO | LIFT STATION IMPROVEMENT PROJECT, PROJECT NO. 21-8022 Z&K Consultants, Inc. is providing Project Management, Construction Management and Inspection Services for this project.

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.

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CLIENT REFERENCES

CITY OF CHINO
Contact Name: Michele Hindersinn, Principal Engineer
Address: 13220 Central Ave, Chino, CA 91710
Phone Number: (909) 334-3213
Email Address: [email protected]
Projects:

Ramona Ave. and Walnut Ave. Traffic Signal Modifications and Street Improvements Project; Kimball/El Prado/Central Traffic Signal Improvement Project; 11th Street Traffic Signal Modifications, Pavement Reconstruction Alley, and Intersection Accessibility Project; Euclid Avenue – State Route 83 Intersection Improvements and Traffic Signal Modification Project; Slurry Seal Program (Various Locations Citywide)
Key Staff: Zack Faqih, Tom Dawson, Brittany Duhn, & Eddie Davalos

CITY OF CARSON
Contact Name: Arlington Rodgers, Public Works Director
Address: 18620 S Broadway, Carson, CA 90248
Phone Number: (310) 847-3500
Email Address: [email protected]
Project: Citywide Pavement Rehabilitation and Slurry Seal Program Key Staff Assigned: Zack Faqih, Tom Dawson, Brittany Duhn, Eddie Davalos, & Jimmy Martin

CITY OF SAN BERNARDINO
Contact Name: Alex Qishta, PE, Former Director of Public Works Address: 290 N D St, San Bernardino, CA 92401
Phone Number: (760) 369-0801 x307
Email Address: [email protected]
Projects:

Street Improvement Program (30+ Major City Streets); Second Street Bridge Over Warm Creek & Roadway Widening
Key Staff: Zack Faqih, Tom Dawson, Brittany Duhn, Eddie Davalos, & Jimmy Martin

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PROPOSED APPROACH & PERFORMANCE CRITERIA
The Z&K Team has been working diligently to understand every aspect of the project, including performing a constructability review for the City. This involvement provides us with a deeper understanding of the challenges and the key elements that the project may be facing and familiarity with the site and stakeholders. This knowledge and preliminary legwork will help us to hit the ground running and help the contractor understand the project better, preventing possible issues. Our Team has the ability, capacity, and skill to perform the contract and effectuate the work. We understand the project construction scope of work includes, but is not limited to the following: mobilization; traffic control and construction signage; removal and replacement of concrete curb and gutter, concrete cross gutter and concrete driveway approaches; installation of ADA compliant curb ramps; clearing and grubbing; removal and preparation of native subgrade materials; removal and disposal of Macadam base materials; localized pavement repairs; construction of cold-milling asphalt concrete pavement and overlay with hot mix asphalt (HMA); surface reconstruction; full reconstruction; removal and restoration of traffic markings and striping; painting curb house numbering and curb face painting.

The City's Parks and Public Works Department is responsible for the maintenance and repair of 59.8 centerline miles of public streets, including 21.4 miles of arterial streets, 5.6 miles of collector streets and 32.9 miles of local streets. The Department is also responsible for the maintenance and repair of 12 parking lots and 22 alleyways. The Project is a citywide roadway pavement rehabilitation project consisting of 26 segments of on various residential, collector, and arterial streets throughout the City of San Marino with a PCI of 53 or below.

We understand that the Project will be advertised for construction bid in May 2024 with construction anticipated to begin in Summer 2024 and be completed within 90 working days.

CAPITAL IMPROVEMENT PROGRAM | Since 2018 the City has completed an annual street rehabilitation project as part of its overall Street Rehabilitation Program. The goal of the Council-adopted Pavement Management Plan is to move the City to a maintenance-only footing by 2032. The annual project helps improve resident and pedestrian safety by improving the condition of the streets.

CONSTRUCTABILITY REVIEW & LESSONS LEARNED | The Z&K Team has been working diligently to understand every aspect of the project. We provided a constructability review to the City to integrate improvements to the plans prior to bidding. We reviewed the plans, specifications, and cost estimate provided by the City. We were pleased to see that many of the comments and lessons learned that we had on previous projects were addressed and implemented by NCE. Our comments are a follows:

Z&K thoroughly reviewed the plans and specifications and recommend adding language for the following items:
• Clarify all trucking routes with City approval prior to starting any asphalt removals / dig outs and prior to any slurry sealing or asphalt placement.
• Contractor will use a flagman / overwatch for all trucks operating in the vicinity of any trees. The flagman will monitor all trucks to ensure that raising or lowering truck beds do not come in contact with existing trees and do not damage trees.
• Contractor shall not perform truck operations where existing trees are in the vicinity of trucks without the supervision of the Inspector to ensure no trees are damaged during construction activities.

Z&K is recommending the following language revisions:

Inspector will video all adjacent intersections and approved trucking routes prior to asphalt operations to memorialize all adjacent streets and all striping for asphalt tracking and damage to striping.

This is included in the Plans (Sheet 2 of 7), General Notes Item 12 includes “The Contractor shall restore any and all pavement and other facilities outside limits of work affected by the construction operations at no additional cost.

It is the Contractor’s responsibility to videotape or document existing conditions prior to start of work to substantiate any previous damage; copies of which shall be provided to the Engineer.

We recommend revising this to the following and also adding it to the specifications. “The Contractor shall restore any and all pavement and other facilities outside limits of work affected by the construction operations at no additional cost. It is the Contractor’s responsibility to videotape or document existing conditions prior to start of work to substantiate any previous damage; copies of which shall be provided to the Engineer for approval.

We recommend updating the following section:
3-5.1.7 Curb Ramps | 3. Prior to the start of construction, the Contractor shall provide all required construction surveying and layout work for installation of an ADA-compliant curb ramp including ADA-compliant slopes. The construction surveying and layout work shall be reviewed by the Engineer and Construction Manager. The Plans note an assumed Caltrans Standard Plan installation “Case” for each location, but it shall be the Contractor’s responsibility to coordinate with the Engineer and Construction Manager to field fit the curb ramp installation and the Engineer shall make a final determination as to a suitable ramp “Case”. (TP-18)

7. In the case the Contractor believes it is not technically feasible to develop an ADA-compliant curb ramp, the Contractor shall note the site design exceptions and furnish to the Engineer the best fit layout for approval in writing prior to demolition of the existing improvements and layout of the new curb ramp. (TP-19) [REPLACE WITH]

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7. In the case the Contractor believes it is not technically feasible to develop an ADA-compliant curb ramp per the standard Caltrans cases, the ramps shall be laid out and modified to fit field conditions with the Engineer and Construction Manager to achieve ADA compliant slopes.

In Addition to adhering to the American Public Works Association “Tree Protection & Preservation.” (TP-23) and Section 400-1.2.9 Excavation (TP-25), Contractor shall be responsible for conducting a tree inspection and survey with the City Arborist and inspector prior to any construction activity to ascertain if any trees need to be trimmed for truck access below 14 feet and to ensure any tree or tree root removal has been reviewed and approved. Any tree root removal will be under the direct supervision of the City Arborist.

Any trees damaged by the contractor or any subcontractors will be evaluated for restoration as well as monetary fines to the contractor. Any tree repairs and/or damage shall be reviewed and approved by the City Arborist. Add that language to the following section:
400-1.2.13 Repair and Replacement

1. General: Repair or replace trees, shrubs and other vegetation damaged by construction operations within 1 working day.

2. Trees: Remove and replace trees indicated to remain that are more than 25-percent dead or in unhealthy condition damaged by construction operations.
a. Provide new trees of the same size and species.

3. Soil Aeration: Aerate surface soil compacted during construction 10-ft. beyond dripline and no closer than 3-ft. from tree trunk.

Below are important items to note that were already added to the specifications from lessons learned from previous projects.

Contractor will be required to use non-tracking tack and use a water truck during all asphalt and slurry operations to prevent asphalt tracking to adjacent streets.

16. Tack Coat. The Contractor shall place trackless tack coat on all cold-milled surfaces to be paved, between HMA or ARHM lifts, and against all AC or PCC vertical surfaces against which new HMA or ARHM is to be placed. Tack coat shall be applied at a uniform rate of 0.05 to 0.10 gallons per square yard. (TP-15)

13. Watering of area to prevent tracking of material will be allowed if no water enters the storm drain system and the Contractor adheres to all local and state water quality regulations, and these Contract Documents. (TP-14) Concrete replacement will adhere to the City concrete color guides for all curbs, gutters and sidewalks. c. Color shall match existing and shall be “Half Fawn”, using an integral concrete colorant. Contractor shall submit a color sample to the City for approval prior to ordering materials. (TP-6) Any concrete curbs / gutters removed and replaced will require the replacement completed without standing water and water drainage with a running water test approved by the inspector.

4. Prior to demolition of any PCC driveway approach associated with a curb and gutter repair, the Contractor shall perform a field survey taking adequate measurements of the existing driveway approach including but not limited to measurement of the existing longitudinal and cross (transverse) slope and flowline slope, or sufficient spot elevations to determine these slopes. (TP-17)
3-12.3 Noise Control

1. A noise level limit of 65 dbA at a distance of 50 feet shall apply to all construction equipment on jobsite regardless of ownership. Use of excessively loud warning signals shall be avoided except in cases required for personnel protection.
300-2 Unclassified Excavation
a. Macadam Base: Macadam base pavement exists in localized areas within the project site. The project plans indicate where macadam base was encountered during preliminary pavement coring and the approximate thickness of macadam base. However, the location and thickness of existing macadam base may not be consistent throughout the project site. The work for removal and disposal of macadam base shall be included in the Contractor’s bid price for unclassified excavation and remove surfacing and base.

SCHEDULE & CLAIMS
Our Team has won several binding arbitrations on behalf of our clients for issues ranging from concurrent time delay claims, loss of production claims, differing site condition claims, rock claims, and defective concrete. We have served as an Expert Witness for underground claims and scheduling issues. Our construction support services team gives considerable attention to monitoring project schedules. We will coordinate, review and make recommendations for changes to the Critical Path Method (CPM) schedule generated by the contractor. As changes or discrepancies occur between the CPM schedule and as-built conditions, the project schedule and cost estimates will be updated. We will review the contractor's schedule on a weekly basis. We will track critical milestones, and if the contractor has missed or is tracking to miss a particular milestone, we will work closely with the contractor to formulate a recovery plan so as to minimize any potential impacts. Finally, we will maintain our own as-built schedule, typically on P3 or MS Project platform, reflecting actual durations and completion dates.

We have found this to be a very powerful tool in any potential schedule claims made by the contractor. Indeed, it saves our team from having to reconstruct actual timelines forensically (from inspection reports or inspector diaries).

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PRELIMINARY SCHEDULE
We have prepared a draft construction schedule below.

Activity ID Activity Name Original Duration Start Finish SMPR CI SMPR CITY OF SAN MARINO - STREET REHABILITATION PROGRAM 90 17-Jun-24 22-Oct-24 SMPR.3 SMPR.3 ADMINSTRATION A 90 17-Jun-24 22-Oct-24
SMPR.3.1 NTP CONTRACT MILESTONES 90 17-Jun-24 22-Oct-24 C1005 CONSTRUCTION NTP - PROPOSED CONTRACT DURATION 90 WORKING DAYS 90 17-Jun-24* 22-Oct-24 C1015 CONSTRUCTION START DATE NTP JUNE 17, 2024 0 17-Jun-24* SMPR.3.2 PREPARE/SUBMIT/REVIEW SUBMITTALS 0 17-Jun-24 17-Jun-24 A1035 CONSTRUCTION SCHEDULE 0 17-Jun-24*
A1036 NOTIFICATION TO RESIDENTS 0 17-Jun-24*
A1120 CONCRETE MIX DESIGNS 0 17-Jun-24*
A1130 AC MIX DESIGNS 0 17-Jun-24*
A1140 SIGNING, STRIPING AND CURB PAINTING 0 17-Jun-24*
SMPR.11 SMPR.11 CONSTRUCTION 82 17-Jun-24 10-Oct-24
A1410 MOBILIZATION 5 17-Jun-24* 21-Jun-24
SMPR.11.2 CONCRETE IMPROVEMENTS 1 28 24-Jun-24 01-Aug-24 A1420 REMOVE AND REPLACE CURB AND GUTTER 26 24-Jun-24* 30-Jul-24 A1430 REMOVE AND REPLACE CONCRETE DRIVEWAYS 9 24-Jun-24 05-Jul-24 A1450 REMOVE AND REPLACE CURB RAMPS AND CROSS GUTTER 28 24-Jun-24 01-Aug-24 SMPR.11.3 AC IMPROVEMENTS 1 24 02-Aug-24 05-Sep-24
SMPR.11.3.1 STREET SEGMENTS 2,3,9, 10 R 3 02-Aug-24 06-Aug-24 A1540 ORLANDO SEG 10 REMOVE AND INSTALL 2" ARHM 1 02-Aug-24 02-Aug-24 A1600 ORLANDO SEG 9 REMOVE AND INSTALL 2" ARHM 1 05-Aug-24 05-Aug-24 A1610 LOMBARDY SEG 2&3 REMOVE AND INSTALL 2.5" ARHM 1 06-Aug-24 06-Aug-24 SMPR.11.3.3 STREET SEGMENTS 7,8,22 R 9 07-Aug-24 19-Aug-24 A1620 ORLANDO RD SEG 7 & 8 REMOVE 4" INSTALL 4" 5 07-Aug-24 13-Aug-24 A1630 OXFORD SEG 22 RD REMOVE 3.5" INSTALL 3.5" 4 14-Aug-24 19-Aug-24 SMPR.11.3.2 STREET SEGMENTS 15,13,6 R 3 20-Aug-24 22-Aug-24 A1550 ASHBOURNE SEG 15 REMOVE 2 INSTALL 2" ARHM 1 20-Aug-24 20-Aug-24 A1560 OLD MILL RD SEG 6 REMOVE 4 " INSTALL 2" HMA 1 21-Aug-24 21-Aug-24 A1570 URMSTROM PL SEG 13 REMOVE 4" INSTALL 2" HMA 1 21-Aug-24 21-Aug-24 A1580 OLD MILL RD SEG 6 INSTALL 2" ARHM 1 22-Aug-24 22-Aug-24 A1590 URMSTROM PL SEG 13 INSTALL 2" ARHM 1 22-Aug-24 22-Aug-24 SMPR.11.3.4 STREET SEGMENTS 4 & 14 R 2 23-Aug-24 26-Aug-24 A1645 MESA RD SEG 4 REMOVE 2.5" INSTALL 2.5" ARHM 1 23-Aug-24 23-Aug-24 A1650 ST ALBANS SEG 14 REMOVE 4" INSTALL 2" HMA 2 23-Aug-24 26-Aug-24 SMPR.11.3.5 STREET SEGMENTS 16,17,23 R 2 27-Aug-24 28-Aug-24 A1660 CANTEBURY RD SEG 16 REMOVE 2" INSTALL 3" 2 27-Aug-24 28-Aug-24 A1670 CHAUCER RD SEG 17 REMOVE 3.5" INSTALL 3.5" 2 27-Aug-24 28-Aug-24 A1680 RALEIGH DR SEG 23 REMOVE 5" INSTALL 5" 2 27-Aug-24 28-Aug-24 SMPR.11.3.6 STREET SEGMENTS 1 R 2 29-Aug-24 30-Aug-24
A1690 DEL MAR AVE SEG 1 REMOVE 4.5" INSTALL 4.5" 2 29-Aug-24 30-Aug-24 SMPR.11.3.7 STREET SEGMENTS 11,12,24,25,26 R 3 03-Sep-24 05-Sep-24 A1700 ROANOKE RD SEG 11 REMOVE 5.5" INSTALL 5.5" 2 03-Sep-24 04-Sep-24 A1710 ROANOKE RD SEG 12 REMOVE 4" INSTALL 4" 2 03-Sep-24 04-Sep-24 A1720 SHERWOOD RD SEG 24,25,26 REMOVE 2.5" INSTALL 2.5" 1 05-Sep-24 05-Sep-24 SMPR.11.8 STRIPING AND PUNCHLIST 1 25 06-Sep-24 10-Oct-24 A1490 LAYOUT AND STRIPING, CURB MARKINGS 15 06-Sep-24 26-Sep-24 A1530 PUNCHLIST 10 27-Sep-24 10-Oct-24
Jul Aug Sep Oct Nov Dec
2024
22-Oct-24, SMPR CITY OF SAN MARINO - STREET REHABILITATION PROGRAM 22-Oct-24, SMPR.3 ADMINSTRATION
22-Oct-24, SMPR.3.1 NTP CONTRACT MILESTONES
CONSTRUCTION NTP - PROPOSED CONTRACT DURATION 90 WORKING DAYS CONSTRUCTION START DATE NTP JUNE 17, 2024, 17-Jun-24*
17-Jun-24, SMPR.3.2 PREPARE/SUBMIT/REVIEW SUBMITTALS
CONSTRUCTION SCHEDULE, 17-Jun-24*
NOTIFICATION TO RESIDENTS, 17-Jun-24*
CONCRETE MIX DESIGNS, 17-Jun-24*
AC MIX DESIGNS, 17-Jun-24*
SIGNING, STRIPING AND CURB PAINTING, 17-Jun-24*
10-Oct-24, SMPR.11 CONSTRUCTION

MOBILIZATION
01-Aug-24, SMPR.11.2 CONCRETE IMPROVEMENTS

REMOVE AND REPLACE CURB AND GUTTER

REMOVE AND REPLACE CONCRETE DRIVEWAYS

REMOVE AND REPLACE CURB RAMPS AND CROSS GUTTER
05-Sep-24, SMPR.11.3 AC IMPROVEMENTS
06-Aug-24, SMPR.11.3.1 STREET SEGMENTS 2,3,9, 10
ORLANDO SEG 10 REMOVE AND INSTALL 2" ARHM
ORLANDO SEG 9 REMOVE AND INSTALL 2" ARHM
LOMBARDY SEG 2&3 REMOVE AND INSTALL 2.5" ARHM
19-Aug-24, SMPR.11.3.3 STREET SEGMENTS 7,8,22
ORLANDO RD SEG 7 & 8 REMOVE 4" INSTALL 4"
OXFORD SEG 22 RD REMOVE 3.5" INSTALL 3.5"
22-Aug-24, SMPR.11.3.2 STREET SEGMENTS 15,13,6
ASHBOURNE SEG 15 REMOVE 2 INSTALL 2" ARHM
OLD MILL RD SEG 6 REMOVE 4 " INSTALL 2" HMA
URMSTROM PL SEG 13 REMOVE 4" INSTALL 2" HMA
OLD MILL RD SEG 6 INSTALL 2" ARHM
URMSTROM PL SEG 13 INSTALL 2" ARHM
26-Aug-24, SMPR.11.3.4 STREET SEGMENTS 4 & 14
MESA RD SEG 4 REMOVE 2.5" INSTALL 2.5" ARHM
ST ALBANS SEG 14 REMOVE 4" INSTALL 2" HMA
28-Aug-24, SMPR.11.3.5 STREET SEGMENTS 16,17,23
CANTEBURY RD SEG 16 REMOVE 2" INSTALL 3"
CHAUCER RD SEG 17 REMOVE 3.5" INSTALL 3.5"
RALEIGH DR SEG 23 REMOVE 5" INSTALL 5"
30-Aug-24, SMPR.11.3.6 STREET SEGMENTS 1
DEL MAR AVE SEG 1 REMOVE 4.5" INSTALL 4.5"
05-Sep-24, SMPR.11.3.7 STREET SEGMENTS 11,12,24,25,26
ROANOKE RD SEG 11 REMOVE 5.5" INSTALL 5.5"
ROANOKE RD SEG 12 REMOVE 4" INSTALL 4"
SHERWOOD RD SEG 24,25,26 REMOVE 2.5" INSTALL 2.5"
10-Oct-24, SMPR.11.8 STRIPING AND PUNCHLIST

LAYOUT AND STRIPING, CURB MARKINGS

PUNCHLIST

CITY OF SAN MARINO STREET REHABILITATION PROGRAM
PROJECT NO 22/23-9271
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
summary

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MANAGEMENT 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.

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.

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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.

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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 review the contractor’s RFIs and either provide information from contract documents or route the request to the 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.

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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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SECTION 2:

FINANCIAL INFORMATION

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FINANCIAL STATEMENTS
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.

Demonstrating Financial Qualification: A Commitment to Transparency and Accountability In response to the financial and related information requirements outlined in the RFQ/RFP, we are fully prepared to demonstrate our financial qualification to undertake the Services defined therein. At Z&K, we recognize the critical importance of financial stability and transparency in ensuring the successful execution of projects.

Audited and/or Reviewed Financial Statements:

Z&K is prepared to provide audited and/or reviewed financial statements for the most recently completed three fiscal years upon the City’s request. These statements serve as a comprehensive snapshot of our financial standing, offering insight into our stability and capacity to fulfill project requirements.

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CLAIMS AND LITIGATION HISTORY
Claims and Litigation History:

Z&K has ZERO (0) claims and litigation within the past five years, or since its incorporation. This disclosure, accompanied by a thorough explanation of the circumstances surrounding each claim or litigation, is not applicable.

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CERTIFICATE OF INSURANCE

PAGE 36 of 175

SECTION 3:

RESPONSE FORMS

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ACCEPTANCE OF FORM OF PROFESSIONAL SERVICES AGREEMENT
Z&K hereby agrees to sign Professional Services Agreement substantially similar to the form of Professional Services Agreement attached to the RFP and has no proposed modifications to their RFQ/RFP Response.

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SECTION 4:

DISCRETIONARY

SUPPLEMENTAL MATERIALS

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SAMPLE DOCUMENTS

WEEKLY NEWSLETTER

INSPECTORS DAILY REPORT

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EMPLOYEE INTERVIEW FORM WEEKLY STATEMENT

MONTHLY QUANTITY

OF WORKING DAYS
SHEET

CONTRACT CHANGE ORDERS

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APPENDIX A: RESUMES
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Mr. Faqih has 32 years of experience in the Construction Management, Construction Inspection, Project Management, and Contract Administration of capital imporvement and public works projects, and has successfully delivered over 40 street improvement projects including street improvements, slurry seal, pavement rehabilitation, traffic signal modifications, fiber communication, CCTV cameras, street lighting, intersection improvements, sewer and storm drain improvements, traffic signal improvements, curbs, gutters, sidewalks, bridge projects, and access ramps. He has extensive experience managing multiple projects in Los Angeles County and Orange County since 1999. Mr. Faqih’s experience extends to interfacing and coordinating with the Caltrans-Local Assistance Program, Counties, Cities, Funding Agencies. He has excellent skills in understanding construction contracts, review and control project cost and schedule, coordinate and assist in negotiating change orders, maintain project as-builts, managing multiple subconsultants and supervise inspection staff. Mr. Faqih excels in providing detailed constructability review of project plans and specifications, which minimizes the potential project delays and change orders and assists the client from pre-award to project close-out to ensure full funding reimbursement.

Relevant Project Experience
Irvine Great Park Neighborhood—Traffic, Mobility, Street Rehabilitation Capital Improvement Projects, Orange County, CA ($15M) | Senior Project Manager/Construction Manager: This project included 15 New Traffic Signal construction installations, street lighting, traffic signal modifications, and fiber communication /CCTV Cameras at all round-a-bout intersections throughout the neighborhood. Construction Cost: $15M Alton Parkway Extension Orange County Public Works Project, Orange County, CA ($22M) | Senior Project Manager/Construction Manager:

This is a roadway and utility improvement project. The Alton project and the adjoining County of Orange project were set up to join the existing Alton Parkway Road from Irvine Blvd. in the City of Irvine, through the County of Orange, connecting at the 241 Toll Road in the City of Lake Forest. The Alton project included overlapping construction of cutting-edge storm water facilities, such as 24 filterra boxes and a large gabion structure along with a complex arrangement of water and sewer pipelines, dry utilities, and (4) signalized intersections, traffic signal modifications, interconnect, and street lighting improvements. This work led to a million cubic yards of mass grading in order to construct a new six-lane 1.2-mile roadway along with a wildlife habitat area and new county jail fence. Construction Cost: $22M Los Angeles County Department of Public Works: Slauson Avenue and Firestone Boulevard Revitalization, Los Angeles, California (2019) ($3M) | Senior Project Manager/Construction Manager: This project includes resurfacing of roadway pavement tire rubber modified asphalt concrete, traffic signal modifications, reconstruction of curb and gutter, sidewalk, driveways, and curb ramps; construction of concrete pavement and crosswalks, and streetscape improvements; and the performance of other appurtenant work.

Interstate Route I-215 / SR-60 Interchange Widening, Orange County, CA | Senior Project Manager/Construction Manager: Scope of work for this project includes widening the existing six lane highway to ten lanes, reconstruction of existing shoulder grades and installing a new median barrier wall. This project included new Ramp metering, Street lighting and fiber TMC communications from Central Ave. north to Rte 60- Day St.

LACDPW: Slauson Avenue Revitalization, Los Angeles County, CA | 02/2019 ($3M) | Senior Project Manager/Construction Manager: This project includes resurfacing of roadway pavement tire rubber modified

EDUCATION
» MSCE - Structures
Cal State Fullerton 2005
» BSCE - Civil /Transportation
Cal State LA 1985

LICENSES &

REGISTRATION
» Professional Engineer, P.E.

State of California (C57958)
» Certified Accessibility
Inspector/Plans Examiner
» Certified Building Official
» Certified Plans Examiner
» Certified Mechanical
Inspector
» Certified Plumbing
Inspector
» Certified Electrical Inspector
» SWPPP QSD & QSP
(#22055)
» OSHA 30 Hour
Construction Safety & Health
» State Certified HERS Rater
» Certified Emergency
Inspector
» C.G.B.P Certified Green
Building Inspector
» Certified Special Inspector
for Fireproofing
» Certified Special Inspector
for Structural Welding
» Certified Special Inspector
for Structural Steel
» Certified Special Inspector
for Reinforced Concrete
Zack Faqih, MSCE, PE, QSD/QSP, ICC, CBO
Senior Project Manager/Construction Manager
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asphalt concrete, reconstruction of curb and gutter, sidewalk, traffic signal modifications, driveways, and curb ramps; construction of concrete pavement and crosswalks, and streetscape improvements.

LACDPW: Firestone Blvd. Street Rehabilitation, Los Angeles County, CA | 09/2019 ($2.4M) | Senior Project Manager/Construction Manager: This project includes resurfacing of roadway pavement tire rubber modified asphalt concrete, traffic signal modifications, reconstruction of curb and gutter, sidewalk, driveways, and curb ramps; construction of concrete pavement and crosswalks, and streetscape improvements.

City of Costa Mesa: Citywide Parkway Maintenance, Street Rehabilitation and Slurry Seal Project, No. 21-03, Costa Mesa, CA | Senior Construction Manager/Project Manager: This citywide street improvement program in the City of Costa Mesa involved mobilization, removal and reconstruction of curb and gutters, sidewalks, driveway approaches, spandrels, cross gutters, traffic signal modifications, ADA curb ramps, removal and reconstruction of existing pavement, milling and overlaying with new asphalt, adjustment of manholes and utility covers to grade, application of slurry seal, crack sealing, traffic signing, striping and markings, traffic markers and speed humps, installation of specialty and bicycle loop detectors, and implementation of traffic control.

City of Lake Forest: Street Resurfacing and Slurry Seal Program, Lake Forest, CA | Senior Construction Manager/Project Manager: This street resurfacing and slurry seal program for the City of Lake Forest involves street resurfacing of Glenn Ranch Road from Portola to El Toro, which required ARHM overlay, adjustments to storm drain manhole frame and cover, adjustments to sewer manhole, gas valve lid and can, water valve lid and can, removal and replacement of PCC sidewalk, removal and replacement of existing curb ramps, cold milling, signing and striping, adjustment of pull boxes to grade, installation of markers, installation of traffic loop detectors and bicycle lane detectors, crosswalk, and other street improvements.

City of Compton: Annual Residential Rehabilitation Project, Compton, CA | Senior Construction Manager/Project Manager: This project included street rehabilitation of seven major City streets. Scope of work consisted of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed hump, traffic signal loop, storm drain manhole, etc. Scope included fullservice construction management, reviewing traffic control plans, meetings, issues management, scheduling, cost control, labor compliance, reviewing RFIs and Submittals, change orders, dispute resolution, quality control/inspection, public relations, permits/environmental compliance, progress payments, monthly staff reports, site safety, as-builts drawings, final walkthrough, and project completion reports.

City of Torrance: Residential & Arterial Pavement Improvement, I-159/I-139, Torrance, CA | Senior Construction Manager/Project Manager: This project included slurry seal, cold mill and overlay and localized pavement repairs, tree removals/replacements, asphalt berm replacement, concrete repairs to curb, gutter, sidewalk, driveways, access and ramps. Mr. Faqih ensures construction quality assurance by supervising inspection and engineering, including oversight of excavation, compaction, subgrade inspection, backfill, paving, and inspection of structures, electrical, welding, drainage, and underground utilities. Mr. Faqih supervises the coordination geotechnical and materials testing, schedules and attends meetings with City representatives, contractors, and other agencies, prepares constructability reviews, and ensures compliance with project plans and specs, permits, agency requirements, and local regulations.

City of San Bernardino: Street Rehabilitation Program (30+ Major Streets), San Bernardino, CA | Senior Project Manager/Senior Construction Manager: This long-term, on-call contract involves concrete improvements and pavement improvements of over 30 major streets in the City of San Bernardino. The contract also includes the rehabilitation and resurfacing of various streets and intersections. Scope of work includes traffic signal modifications, full depth removal and replacement of asphalt concrete, slurry seal, grind and overlay, cold milling of existing asphalt concrete, removal and replacement of ramps, various ADA improvements, bike lane and bike trail, mobilization, traffic control, staging for major streets and intersections, removal of traffic striping, installation of traffic striping and pavement markers, installation of loop detectors and bicycle loop detectors, construction of cross walks, removal and replacement of sidewalk, driveways, ADA ramps, dig-outs, PCC curb and gutter, cross gutters, spandrels, curb ramps along both residential and commercial streets, manhole and utility vault adjustments, and preparation of SWPPP and erosion control plans.

City of Rosemead: Walnut Grove Ave. Resurfacing Project Phase I, Rosemead, CA | Senior Construction Manager/Project Manager: This project involves street resurfacing of Walnut Grove Ave., from Marshall St. to Grand Ave. in the City of Rosemead. In addition to street improvements, the project included intersection improvements, removal and replacement of existing AC pavement, cold mill and overlay, asphalt pothole repairs, replacement of PCC sidewalk, removal and replacement of ramps, ADA ramps, curb and gutter, bike lane and bike trail, traffic signal modifications, installation of medians, adjustment of manholes and utility covers to grade, installation of specialty and bicycle loop detectors, installation of speed humps, pedestrian crossings, and guardrail and roadway markers.

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Mr. Dawson has over 28 years of experience providing quality control and quality assurance with extensive experience on of numerous major capital improvement projects including street improvements, traffic signal improvements, roadway widenings, bridges, transmission mains, new wells, tanks, reservoirs, water and wastewater treatment plants, pipelines, lift stations, booster pump stations, retaining walls, dewatering, parks and facilities, landscaping and irrigation improvements, utility installation, roadway widenings, grade separations, masonry walls, storm drain projects, roadway projects, street rehabilitations, and large-scale water and wastewater projects.

He has provided construction inspection services for numerous local agencies.

He has extensive Public Works Inspection experience and understands the expectations of the City since he has worked in the public and private sectors.

He will integrate seamlessly with City staff to successfully deliver the City’s citywide projects. He has a depth of resources to support him on this project.

Relevant Project Experience
City of Fullerton: Raymond Avenue Grade Separation at Raymond Ave and BNSP Railway | Senior Construction Inspector: As part of the OC Bridges program, the City of Fullerton and the Orange County Transportation Authority designed and constructed a new roadway underpass at the intersection of Raymond Ave and the BNSF Railway. The roadway was lowered between Santa Fe Avenue to the north to approximately 500 feet south of Valencia Drive to the south. The project required extensive utility coordination and relocation of 20 different facilities including water, sewer, drainage, and telecommunications. The underpass greatly improved safety and traffic operations at the rail line that carries more than 70 trains per day, with train lengths reaching a mile long. The Raymond Ave Grade Separation benefited from the excellent relationships developed between the design and construction teams, the railroad, and utilities. Coordination and approvals were required by BNSF, as the owner of the rail facility. The construction of the project could not impact rail traffic and customer service. The project required close coordination with BNSF for the development of the shoofly, as well as construction sequencing. Rail construction was coordinated based upon the availability of the track machine.

Additionally, the railroad was expanding from two to three tracks during the construction of the grade separation.

This project continued the strong working relationship established with BNSF that was developed through the delivery of the neighboring OC Bridges projects. There was extensive coordination with local utility providers.

The roadway lowering involved protecting in place or relocating 20 utilities and established a utility corridor. This required coordination with City of Fullerton utilities, Orange County Sanitation District (OCSD), Orange County Water District, SCE, Southern California Gas, and multiple telecommunication purveyors. The utility corridor included water, sewer, storm drain, and joint trench for dry utilities. In addition to the functional improvements provided by the new grade separation, the project provided an opportunity to enhance the aesthetics of the corridor through the rail crossing. The project includes a landscaped median, decorative retaining walls and bent caps, and attractive and safe lighting in the underpass for bikes and pedestrians.

City of Torrance: Residential and Arterial Pavement Improvement, I-159/I-139 | Senior Construction Inspector: This project involved pavement improvements to a residential neighborhood as well as four arterial streets. Improvements include asphalt preservation and repair methods including application of slurry seal, cold mill and overlay and localized pavement repairs, as well as tree removals and replacements, asphalt berm replacement, concrete repairs to curb, gutter, sidewalk, driveways, access ramps, and cross gutters.

City of San Marino: Street Rehabilitation Program Project No. 21-9271| Senior Construction Inspector:

Annually, San Marino rehabilitates up to 40 street segments with treatment methods including slurry sealing, thin/thick overlays and full reconstruction. Work includes full-time construction inspection services of the actual construction
Thomas Dawson, CBO, ICC Certified
Senior Supervising Inspector

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REGISTRATION
» International Code
Counsel Certifications
» Building Plan Examiner
» California Commercial Combination Inspector
» California Commercial Plumbing Inspector
» California Commercial Mechanical Inspector
» California Commercial Mechanical Inspector
» California Commercial
Electrical Inspector » California Residential
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» CLB License No. 674861
» OSHA 30 Hr.

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City of Lake Forest: Street Resurfacing and Slurry Seal Program, Lake Forest, CA | Senior Construction Inspector: This street improvement program involves resurfacing of Glenn Ranch Road from Portola to El Toro, as well as pre-construction inspection services for the slurry seal of Zone F and arterial slurry seal of Jeronimo and Muirlands from Los Alisos to Bake. This program required pavement improvements, street resurfacing, asphalt repairs, slurry seal, cold mill and overlay, pavement repairs, adjustments to storm drain manhole frame and sewer manhole, removal and replacement sidewalk, existing curb ramps, signing and striping, installation of markers, installation of traffic loop detectors and bicycle lane detectors, crosswalk, and other street improvements.

City of Corona: Magnolia Avenue Grade Separation, (RCTD) | Roadway Construction Inspector: The project scope was to construct railroad grade separation at the BNSF Railroad and Magnolia Avenue at Grade crossing including a new four-lane overhead structure (bridge) over existing BNSF tracks supported by 9 bents and 2 abutments. Both bridge approaches are supported by Retaining Walls/MSE Walls systems on both ends, multiple walls systems for pedestrian and vehicular support. Project involved concrete paving, AC, JPCP, CRCP, drainage improvements, guard rail installation, staging, traffic control procedures, shoring and casing support system to facilitate construction of CIDH piling. Mr. Dawson performed inspection of roadway and bridge construction operations to ensure compliance with applicable codes, regulations, construction drawings, traffic, and erosion control/water quality plans, attended all progress and special meetings, prepared daily reports, maintained project records, and coordinated field sampling and testing of materials throughout the project. He coordinated with Caltrans inspectors to obtain approval on rebar, formwork, falsework.

City of Temecula: Pavement Rehabilitation Program – Winchester Road (Jefferson Avenue to Ynez Road) | Senior Construction Inspector: The City of Temecula pavement rehabilitation program. The work for this project generally includes pavement Improvements along Winchester Road from Jefferson Avenue to Ynez Road. Improvements Include: centerline rumble strips, flashing stop signs, guardrails, remove and replace existing asphalt pavement, reconstruction of traffic loops, adjust existing manholes and valves for different utilities, and installation of striping and pavement markers.

City of Irwindale: 2021-2022 Resurfacing Project | Senior Construction Inspector: This project involved general street improvements, in addition to street resurfacing, for multiple streets in the City of Irwindale, including Ayon Avenue, Calle del Norte, Pat Miranda Lane, Calle de Paseo, Allen Drive, Progress Lane, Central Street, and Peppertree Lane. The project’s scope included centerline rumble strips, flashing stop signs, roadway widening, sidewalk improvements, curb and gutter reconstruction, addition of travel lanes, addition of bike lanes, reconstruction of ADA-compliant sidewalks and pedestrian ramps, storm drain improvements, and utility relocation. Mr. Dawson provided full time construction inspection services, coordinated and attended weekly construction progress meetings with staff, and coordinated materials testing services.

City of Chino: Slurry Seal Program (Various Locations Citywide) | Senior Construction Inspector: This Project which includes street rehabilitation and slurry seal of various streets, including, Pipeline Ave from City Limits to City Limits, Chino Ave from City Limits to City Limits and Schaefer Ave from City Limits to City Limits.

Scope of work includes pavement improvements, street resurfacing, crack sealing, slurry seal, localized digouts, striping removal/install, and traffic loop detectors. He provided preparation of submittal packages, scheduling, mark outs, meetings, cost control, reviewing RFIs, preparing change order proposals, permits, progress billings, subcontractor coordination, as-built drawings, and final walkthrough/closeout.

Foothill/Eastern SR 133/261/241 Transportation Corridor Toll Roads, Orange County, CA | Senior Construction Inspector: Project included all facets of electrical construction, Toll Plaza buildings, Traffic Signals, Street Lighting, Sign Lighting, Bridge Electrical/ Communication installation, Directional Boring & Trenching. Fiber Optic Installation & Fusion Splicing, Network Integration for Intelligent Transportation Systems, CCTV & Access Control.

Beach Blvd Bridge at Fullerton Channel City of Buena Park, CA | Senior Construction Inspector: During the 1994/1995 Flood season, Beach Boulevard in Buena Park, CA (Beach Boulevard is also known as State Route 39) was washed out at Fullerton Creek creating two sink holes of 120 ft X 75 ft on both sides of the bridge; leaving the bridge vulnerable to failure. In addition, in coordination with Caltrans Sacramento Structural Section, He designed a retaining wall system to provide protection for the existing bridge piles and to rebuild the Channel.

He kept both Caltrans and the City of Buena Park advised of the project progress. Due to the emergency that the sink holes created, he was able to exempt the project from all the required environmental permits from the Army Corp of Engineers, United States Fish and Wildlife, and the California Fish and Game.

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Mr. Davalos has over 25 years of experience in public works inspection, construction management, contracting, quality control, construction inspection, and management of large-scale capital improvement projects, and has successfully delivered over 35 street improvement projects, involving street improvements, intersection improvements, median improvements, ADA ramp improvements, bike lanes and bike trails, conduit installation, traffic signal improvements, asphalt overlay, construction staging, traffic control, clearing and grubbing, SWPPP preparation, manholes and utility covers, loop detectors, PCC sidewalk, speed humps, and pedestrian crossings. Mr. Davalos’s expertise extends to his familiarity with Caltrans, Federal Department of Labor and State of California Division of Labor Standards Enforcement, and equal employment opportunity compliance monitoring.

Relevant Project Experience
City of Chino: Ramona Ave. and Walnut Ave. Traffic Signal Modifications and Street Improvements Project | Senior Construction Inspector: for a series of projects for the City of Chino Ramona Ave and Walnut Ave Traffic Signal Modifications Project. The project consisted of traffic signal improvements, street and pavement improvements, as well as traffic signal improvements, to a residential neighborhood and four arterial streets for one project, and intersection improvements and lane upgrades for the other. Improvements include street and pavement rehabilitation, intersection improvement, clearing and grubbing, slurry seal, cold mill and AC overlay, utility coordination, as well as electrical and lighting improvements, including traffic signal hardware replacement, pedestrian countdown signal hardware installation, replacement and testing of fiber optic communication equipment, boring inspection.

Kimball/El Prado/Central Traffic Signal Improvement Project | Senior Construction Inspector: The project consisted of traffic signal improvements, street and pavement improvements, as well as traffic signal improvements, to a residential neighborhood and four arterial streets for one project, and intersection improvements and lane upgrades for the other. Improvements include street and pavement rehabilitation, intersection improvement, clearing and grubbing, slurry seal, cold mill and AC overlay, utility coordination, as well as electrical and lighting improvements, drainage improvements, landscaping improvements, AC base course, ARHM pavement, concrete repairs to curb, gutter, sidewalk, driveways and driveway approaches, and replacing markings and striping on concrete and asphalt.

City of Chino: 11th St. Traffic Signal Modifications, Pavement Reconstruction Alley, and Intersection Accessibility Project | Senior Construction Inspector: The project consisted of traffic signal improvements, street and pavement improvements, as well as traffic signal improvements, to a residential neighborhood and four arterial streets for one project, and intersection improvements and lane upgrades for the other.

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

City of Compton: Annual Residential Rehabilitation Project (Phases 1 & Phase 2A), Compton, CA | Senior Construction Inspector: Scope of work consisted of construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed hump, traffic signal loop, adjust to grade existing sewer manhole, water valve, water meter, and storm drain manhole.

Eddie Davalos
Senior Construction Inspector

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Work
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Training
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Training
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Mr. Davalos’s responsibilities included construction inspection, reviewing traffic control plans, issues management, cost control, labor compliance, dispute resolution, quality control/inspection, public relations, and ensuring site safety.

City of San Marino: Street Rehabilitation Program, San Marino, CA (Phase 1 and Phase 2) | Senior Construction Inspector: Improvements include cold-milling asphalt concrete pavement and re-paving with HMA and ARHM, clearing and grubbing, localized pavement repairs, replacing impacted traffic striping, markings, pavement legends, loop detectors, curb painting, replacing damaged curb and gutter, curb ramps, cross gutters, sidewalks, driveways and driveway approaches, inspection and replacement of sewer manholes, coordinating with local utilities, preparation and implementation of SWPPP and BMPs, and providing temporary traffic control in conformance with the contract documents and applicable permits. Mr. Davalos’s responsibilities included construction inspection, reviewing traffic control plans, issues management, cost control, labor compliance, dispute resolution, quality control/inspection, public relations, and ensuring site safety.

City of Alhambra: FY 19-20 & FY 20-21 SB1 Street Rehabilitation Projects, Alhambra, CA (Phase 1 and Phase 2) | Senior Construction Inspector: This program consists of pavement and street rehabilitation of 23 local street segments located south of mission road, west of Garfield Avenue, east of Atlantic Boulevard, and north of Valley Boulevard. Pavement improvements include intersection improvements, slurry seal treatment, varying depths of cold milling and overlay, and full depth removal and reconstruction. The project also includes concrete improvements such as removal and replacement of broken and off-grade sidewalk, ADA ramps, median installation, sidewalks, and driveway approaches, that need updating, broken and off-grade curb and gutter, driveway aprons, cross gutter, and traffic signing striping, and markings.

City of Rosemead: Walnut Grove Ave. Resurfacing Project Phase I, Rosemead, CA | Senior Construction Inspector: This project involves street resurfacing and widening of Walnut Grove Ave., from Marshall St. to Grand Ave. in the City of Rosemead. Improvements included roadway widening, intersection improvement, pavement improvements, ADA improvements, sidewalk repairs, traffic signal modification, storm drain improvements, sewer main improvements, and addition of bike lanes. Mr. Davalos provided full-time inspection, attended weekly progress meetings, prepared daily diaries, filled out incident reports, made assessments of exiting pavement conditions, coordinated with and provided direction for materials and geotechnical testing services, ensured successful completion and submission of the as-constructed plans and final punch list, reviewed traffic control plans, and performed regular labor compliance interviews on site.

City of Irwindale: 2021-2022 Resurfacing Project, Irwindale, CA | Senior Construction Inspector: This project involves general street improvements, in addition to street resurfacing, for multiple streets in the City of Irwindale, including Ayon Avenue, Calle del Norte, Pat Miranda Lane, Calle de Paseo, Allen Drive, Progress Lane, Central Street, and Peppertree Lane. The project’s scope included roadway widening, sidewalk improvements, curb and gutter reconstruction, addition of travel lanes, addition of bike lanes, reconstruction of ADA-compliant sidewalks and pedestrian ramps, storm drain improvements, sewer main improvements, and utility relocation. Mr. Davalos provided full time construction inspection services, coordinated and attended weekly construction progress meetings with city staff, coordinated materials testing services, and documented daily progress through written daily diaries and photos.

City of Torrance: Residential & Arterial Pavement Improvement Project, Torrance, CA | Senior Construction Inspector: Mr. Davalos provided inspection for improvements including application of slurry seal, cold mill and AC overlay, clearing and grubbing, removal and disposal of existing pavement, localized pavement repairs, as well as tree removals and replacements, asphalt berm replacement, AC base course, concrete repairs to PCC curb, gutter, PCC sidewalk, driveways, access and ramps. Other relevant features include adjustment of storm drains and sewer manholes to grade, reconfiguration of sewer piping, mobilization, traffic control, removal and replacement of existing traffic striping/markings and signage, and irrigation. Mr. Davalos provided full-time inspection, prepared daily diaries, filled our incident reports, provided digital images of progress to the City, reviewed compliance with the SWPPP and installation of BMPs, ensured successful completion and submission of the as-constructed plans and final punch list.

City of Lake Forest: Street Resurfacing of Glenn Ranch Road from Portola to El Toro, Lake Forest, CA | Senior Construction Inspector: This street improvement program involves resurfacing of Glenn Ranch Road from Portola to El Toro, as well as pre-construction inspection services for the slurry seal of Zone F and arterial slurry seal of Jeronimo and Muirlands from Los Alisos to Bake.

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Mr. Martin has more than 27 years of construction management and inspection experience on major capital improvement projects and is a certified ICC and ACI. Jimmy has been performed senior construction inspection services for various projects including pavement rehabilitations, traffic signal improvements, slurry seal projects, roadway widenings, intersection improvements, new intersections, bridges, interchanges, street improvements, traffic signal modifications, retaining walls, sound walls, MSE walls, sewer pipeline projects, water pipeline projects, water treatment facilities, wastewater treatment facilities, pipeline projects, and lift stations and has successfully delivered over 25 street improvement projects.

Jimmy’s public works inspection responsibilities include the ability to review improvement plans, inspect public improvements construction, negotiate and administer contracts, and prepare and maintain a variety of reports. Jimmy values safety as a top priority and is acutely aware of security protocol and adherence to regulatory requirements. Jimmy proficiently surveys, inspects and evaluates production environments to determine fulfillment of safety and security standards. Jimmy possesses strong leadership capabilities that consistently lead to project productivity and profitability. His ability to supervise various levels of personnel and increase each team member’s performance contribute to the overall success of program goals and client satisfaction. His proven track record of meeting company and agency objectives are direct results of his team-oriented, dependable and professional approach.

RELEVANT PROJECT EXPERIENCE
City of Torrance, Residential/Arterial Pavement Improvements | Senior Construction Inspector: This project included street rehabilitation and slurry seal of various streets, including, Cranbrook Ave, Kornblum Ave, Felbar Ave, Van Ness Ave, Madrona Ave, Harpers Wy, Gramercy Pl, Manhattan Pl, Yukon Ave, and Ainsworth Ave. Scope of work included pavement improvements, street resurfacing, crack sealing, slurry seal, localized digouts, Hot-mix Asphalt pavement, striping removal, curb and gutter, ADA access ramps, alley intersections, driveway approaches, cross gutters, traffic loop detectors and adjustment of utilities. Scope included preparation of submittal packages, scheduling, project management, meetings, cost control, reviewing RFIs, preparing change order proposals, permits, progress billings, subcontractor coordination, as-built drawings, and final walkthrough/closeout.

City of Torrance, Anza/Vista Montana/Pacific Coast Highway Intersection Improvements | Senior Construction Inspector: The Anza/Vista Montana/Pacific Coast Highway Intersection Improvements Project consists of construction of the Pacific Coast Highway/Anza Intersection Improvements with appurtenances as shown on City of Torrance Plan No.’s ST-1019/SD-517/C- 2019-8/TS-2019-2/ST-1019-TC; curb, gutter, sidewalk, catch basins, curb ramps, raised medians, striping, traffic signal replacement; grind and overlay, and AC pavement; and all other incidental work.

City of Chino, Slurry Seal Program (Various Locations Citywide) | Senior Construction Inspector: This Project which includes street rehabilitation and slurry seal of various streets, including, Pipeline Ave from City Limits to City Limits, Chino Ave from City Limits to City Limits and Schaefer Ave from City Limits to City Limits.

Scope of work includes pavement improvements, street resurfacing, crack sealing, slurry seal, localized digouts, striping removal/install, and traffic loop detectors. Z&K provided preparation of submittal packages, scheduling, mark outs, meetings, cost control, reviewing RFIs, preparing change order proposals, permits, progress billings, subcontractor coordination, as-built drawings, and final walkthrough/closeout.

City of Chino, Alley/Sanitation Rehabilitation Project | Senior Construction Inspector: This Project which includes removal of existing alley pavement and base section to construct new AC pavement section and ribbon gutter in multiple alleys in the City of Chino. Scope of work includes new PCC drive and alley approaches, curb and gutter, 4’ PCC alley gutter, new AC pavement section over compacted crushed miscellaneous base, and the construction of several block walls. Z&K is providing preparation of submittal packages, scheduling, project

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REGISTRATION
» ICC Soils Special Inspector
» ICC Reinforced Concrete
Inspector
» Caltrans Various
Certifications » Nuclear
Gauge Certification
» ACI Field Technician Grade
1 » 30 Cal/OSHA
» Confined Space Training
» Traffic Control Technician
and Traffic Control Flagger
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Journeyman Laborer (AGC)
» Pervious Concrete
Technician (NRMCA)
» Carpentry
» Cement Mason
» Fall Protection
» Traffic Control Safety
Jimmy Martin, ACI, ICC Cert.

Senior Construction Inspector (Alternate)
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management, meetings, cost control, reviewing RFIs, preparing change order proposals, permits, progress billings, subcontractor coordination, as-built drawings, and final walkthrough/closeout.

City of Temecula, Pavement Rehabilitation Program – Winchester Road (Jefferson Avenue to Ynez Road) | Senior Construction Inspector: The City of Temecula pavement rehabilitation program. The work for this project generally includes pavement Improvements along Winchester Road from Jefferson Avenue to Ynez Road. Improvements Include, remove and replace existing asphalt pavement, reconstruction of traffic loops, adjust existing manholes and valves for different utilities, and installation of striping and pavement markers.

City of Chino, Various Arterial Streets (e.g., Central Ave, Edison Ave, Riverside Dr, Eucalyptus Ave, Chino Ave, Ramona Ave) | Senior Construction Inspector: Completed over 9 linear miles of roadway widening and asphalt pavement rehabilitation. Roadway widening consisted of the addition of vehicle lanes, curb & gutter, sidewalk, and landscape area. Pavement rehabilitation consisted of selective deep lift removals, cold mill existing AC pavement 3” below surface and pave back section (in kind). Removal and replacement of all substandard curbs, gutters, sidewalks, and ADA curb ramps. Replacement of traffic signal loops.

City of Indio, Highway 111 - Young’s Lane Median Improvements Project | Senior Construction Inspector Demolition of existing AC paving, street structural section, decorative PCC curb, decorative cobble pavers and median landscaping. Complete reconstruction of all improvements, with modified horizontal alignment.

Repair/replacement of all existing lighting and automatic irrigation systems. Placement of 60,000 SF of type II Emulsion Asphalt Slurry. Coordinated road closures and traffic detours with local businesses. Installation of new traffic signage and striping. Inspected installation of work area traffic control for compliance with approved plans.

City of Corona, Citywide Sidewalk Improvements | Senior Construction Inspector: Assessment and prioritization of 80,000 sf of existing deteriorated or damaged sidewalks, throughout the city. Marked and created photo documentation of locations that required sidewalk replacement. Utilizing GPS mapping software, obtained the exact location of all sidewalk repair locations. Inspected construction activities during sidewalk demolition and replacement. Coordinated with a certified arborist to assure proper root pruning and stabilization of mature trees. Confer with property owners, contractors, project engineers and other City departments regarding scheduling work, gathering data and resolving complaints. Performed inspection of sidewalk demolition and replacement including temporary traffic control, site maintenance, root pruning, and compliance with City and Greenbook Standards.

City of Irwindale, 2021-2022 Resurfacing Project | Senior Construction Inspector: This project involved general street improvements, in addition to street resurfacing, for multiple streets in the City of Irwindale, including Ayon Avenue, Calle del Norte, Pat Miranda Lane, Calle de Paseo, Allen Drive, Progress Lane, Central Street, and Peppertree Lane. The project’s scope included roadway widening, sidewalk improvements, curb and gutter reconstruction, addition of travel lanes, addition of bike lanes, reconstruction of ADA-compliant sidewalks and pedestrian ramps, storm drain improvements, sewer main improvements, and utility relocation. Martin provided full time construction inspection services, coordinated and attended weekly construction progress meetings with city staff, and coordinated materials testing services.

City of Hawthorne, Prairie Ave Improvement Project Phase II, Hawthorne, CA | Senior Construction Inspector: This arterial street improvement project consists of excavation and removal of existing pavement, installation of storm drain, sewer improvements, ADA access ramps, driveways, curb and gutter, traffic signal relocations, signage and striping, adjustment of storm drain and sewer manholes. Mr. Martin provided full-time project management, preparing submittal packages, coordination with subcontractors, scheduling, quantity tracking and monthly billing, cost control, field coordination, meetings, RFIs, change order proposals, T&M tracking, and final project closeout.

City of Commerce, Atlantic Blvd Corridor Improvement Project, Commerce, CA | Senior Construction Inspector: This street improvement project provided the beautification of Atlantic Blvd from Washington Blvd to The I5 FWY. This project consisted of the resurfacing of Atlantic Blvd, improving mobility of pedestrians, ADA compliant access ramps, PCC bus pads, bus shelters, PCC medians, landscaping, installation of City monument, adjustments of storm drain manhole frames and sewer manholes, installation of traffic signal upgrades, and traffic loop detector installation.

City of Hawthorne, Local Street Improvement Project, Hawthorne, CA | Senior Construction Inspector:

This local street improvement project consists of cold mill, excavation, and removal of existing pavement, ARHM pavement improvements, ADA curb ramps, installation of speed humps, curb and gutter, localized pavement reconstruction, traffic signal detectors and bicycle loop detectors, and signage and striping. Mr. Martin provided full-time project management, coordination with City and subcontractors, monthly progress billing, cost control, RFIs, change orders, scheduling, onsite crew management, and project closeout.

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Ms. Duhn has extensive experience in project management, office engineering, contract administration, document control, labor compliance oversight, and construction management, and has successfully delivered over 20 street improvement projects, involving street improvements, intersection improvements, ADA ramp improvements, bike lanes and bike trails, conduit installation, traffic signal improvements, asphalt overlay, construction staging, traffic control, clearing and grubbing, SWPPP preparation, coldmill and overlay, manholes and utilty covers, loop detectors, PCC sidewalk, speed humps, and pedestrian crossings. These are great testaments of Ms. Duhn’ managerial and oversight project experience. She gained tremendous experience in the design, operations, and maintenance by working closely with various stakeholders. Ms. Duhn has thorough knowledge of submittals, RFIs, and CCO review, project filing, daily reporting, quantity tracking, and project coordination. She is experienced in developing and maintaining project files, processing progress payments, and maintaining various logs, including submittals, RFIs, and correspondences. She is proficient with various construction computer software.

Relevant Project Experience
11th St. Traffic Signal Modifications, Pavement Reconstruction Alley, And Intersection Accessibility Project, City of Chino | Project Manager/Office Engineer: The project consisted of traffic signal improvements, street and pavement improvements, as well as traffic signal improvements, to a residential neighborhood and four arterial streets for one project, and intersection improvements and lane upgrades for the other. Improvements include street and pavement rehabilitation, intersection improvement, clearing and grubbing, slurry seal, cold mill and AC overlay, utility coordination, as well as electrical and lighting improvements, including traffic signal hardware replacement, pedestrian countdown signal hardware installation, replacement and testing of fiber optic communication equipment, boring inspection. The scope also involved drainage improvements, landscaping improvements, AC base course, ARHM pavement, concrete repairs to curb, gutter, sidewalk, driveways and driveway approaches, and replacing markings and striping on concrete and asphalt.

City of Compton: Annual Residential Rehabilitation Project (Phases 1 & 2A), Compton, CA | Project Manager/Office Engineer: Scope of work consisted of construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, speed hump, traffic signal loop, water valve, water meter, and storm drain manhole. Scope included full-service construction management, pre-construction, management information system, reviewing traffic control plans, meetings, issues management, scheduling, cost control, labor compliance, reviewing RFIs and Submittals, change orders, dispute resolution, quality control/inspection, public relations, permits/environmental compliance, progress payments, monthly staff reports, site safety, as-builts drawings, and final walkthrough/ City of Torrance: Residential and Arterial Pavement Improvement, I-159/I-139, Torrance, CA | Project Manager/Office Engineer: This project involves pavement improvements to a residential neighborhood and four arterial streets. Improvements include clearing and grubbing, cold mill and overlay, AC base course, aggregate base, concrete repairs to sidewalk, replacement of pavement markings and striping on concrete and asphalt, installation of speed humps, traffic signal loops, water valves and water meters, sewer manholes and storm drain manholes. Ms. Duhn coordinated and conducted the preconstruction conference and progress meetings, maintained the management information system, reviewed submittals, RFIs, and change orders, monitored the contractor’s schedule weekly, monitored the project funding, and ensured labor compliance by reviewing certified payrolls and verifying prevailing wages.

City of Costa Mesa: Citywide Parkway Maintenance, Street Rehabilitation and Slurry Seal Project, No. 21-03, Costa Mesa, CA | Project Manager/Office Engineer: This citywide street improvement program in the City of Costa Mesa involved mobilization, removal and reconstruction of curb and gutters, sidewalks, driveway approaches, spandrels, cross gutters, ADA curb ramps, removal and reconstruction of existing pavement, milling and overlaying with new asphalt, adjustment of manholes and utility covers to grade, application of slurry seal, crack sealing, traffic signing, striping and markings, traffic markers and speed humps, installation of specialty and bicycle loop detectors, and implementation of traffic control.

City of Chino: Ramona Ave. And Walnut Ave. Traffic Signal Modifications and Street Improvements Project | Project Manager/Office Engineer: for a series of projects for the City of Chino Ramona Ave and Walnut Ave Traffic Signal Modifications Project. The project consisted of traffic signal improvements, street and pavement improvements, as well as traffic signal improvements, to a residential neighborhood and four arterial streets for one project, and intersection improvements and lane upgrades for the other. Improvements include street and pavement rehabilitation, intersection improvement, clearing and grubbing, slurry seal, cold mill and AC overlay, utility coordination, as well as electrical and lighting improvements, including traffic signal hardware replacement, pedestrian countdown signal hardware installation, replacement and testing of fiber optic communication equipment, boring inspection. The scope also involved drainage improvements, landscaping improvements, AC base course, ARHM pavement, concrete repairs to curb, gutter, sidewalk, driveways and driveway approaches, and replacing markings and striping on concrete and asphalt.

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

LICENSES & REGISTRATION
» Professional Engineer, P.E.

State of California, #91078
» SWPPP (QSD) & (QSP)
Certificate # 22055
» OSHA 30 Hour Construction
Safety and Health
Brittany Duhn, PE, QSD/QSP
Project Manager/Office Engineer
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Z&K Consultants, Inc. | www.zandkconsultants.com | 951.310.7470 June 10, 2024
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: Pricing Proposal: Request for Qualifications/Request for Proposals for Project Management/Construction Inspection Services for the Street Rehabilitation Program Dear Ms. Shah,
Z&K Consultants Inc. (Z&K) proudly presents our Pricing Proposal for Project Management/Construction Inspection Services for the Street Rehabilitation Program. Our not-to-exceed total lump sum fee for Project Management/Construction Inspection Services is $199,996.00.

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

All overhead costs are included. All insurance will be in force at the time of contract execution.

Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver projects with such benchmarks in mind. Our proposed team members are recognized as experts in Project Management and Inspection services and will provide “turnkey” Project Management and Inspection services for the City of San Marino Lift Station Improvement Program.

Below is a table with the hourly rate schedule:

Z&K Consultants, Inc Hourly Rates:

Senior Construction Manager ................................................................................................... $165.00 Senior Construction Inspector................................................................................................... $152.00 Project Management................................................................................................................. $148.00 Labor Compliance Officer ......................................................................................................... $138.00 Senior Supervising Inspector .................................................................................................... $155.00 Converse Consultants Hourly Rates:

Material Testing Services.........................................................................................................Attached I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this opportunity to serve the City of San Marino and are committed to the successful completion the City’s important project.

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
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Z&K Consultants, Inc. | www.zandkconsultants.com | 951.310.7470

NOT-TO-EXCEED FEE SCHEDULE
The fee proposal is based on a not-to-exceed fee for a construction period of 90 Working Days. This is based on the following assumptions:
• Senior Construction Manager - 5 hours a week (1 hours a day) • Senior Construction Inspector - 40 hours a week (8 hours a day) • Project Manager – 7.5 hours a week (1.5 hours a day)
• Labor Compliance Officer – 3 hours a week (0.6 hours a day) Z&K Consultants, Inc. is flexible to redistribute or revise these hours per the City’s preference.

Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership roles and supervisory management positions in many local agencies including the private and public sectors. All can multi-task, are multi-disciplined, and have a full understanding of all aspects of the proposed project requirements.

PRICING PROPOSAL: REQUEST FOR QUALIFICATIONS/REQUEST FOR PROPOSALS FOR

PROJECT MANAGEMENT/CONSTRUCTION INSPECTION SERVICES FOR THE STREET REHABILITATION PROGRAM Task/ Classification
Senior
Construction
Manager
(Hrs)
Senior
Construction
Inspector
(Hrs)
Project Manager
(Hrs)
Labor
Compliance
Officer
(Hrs)
Material
Testing
Services
(Converse)
Total Cost
Hourly Rate $165.00 $156.00 $144.00 $132.00 -
Pre-Construction Phase 16 16 24 4 - $9,120.00
Construction Phase 90 720 135 - $26,770 $173,380.00
Close-out Phase 16 24 24 4 - $10,368.00
Labor Compliance - - - 54 - $7,128.00
TOTAL HOURS 122 760 183 62 - 1,127
TOTAL COST $20,130.00 $118,560.00 $26,352.00 $8,184.00 $26,770.00 $199,996.00 PAGE 53 of 175
Street Rehabilitation Project, CIP No.22/23-9271

CITY OF SAN MARINO CONTRACTOR AGREEMENT
CIP NO. Street Rehabilitation Project, CIP No.22/23-9271 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 Onyx Paving Company, Inc. (“Contractor”) on the 26th day of July 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 [Street Rehabilitation Project, CIP No.22/23-9271, to be constructed at various locations 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 2021 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 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.

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.

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. 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 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 C-2
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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 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
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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.

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.

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I have read and understood all of the provisions of this Section 13, above:
(Initial)

INDEPENDENT CONTRACTOR
(Initial)
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.

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.

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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.

AGENCY: CONTRACTOR:

Onyx Paving Company, Inc. City of San Marino
By: By:

Phillippe Eskandar, City Manager Name:

Its:

By:

Name:

Its:

ATTEST:

By:

Alison Walker, City Clerk Contractor’s City Business License No.

State Contractor License No. & Class APPROVED AS TO FORM:

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By:

DIR Registration No. & Exp
Joseph Montes, City Attorney
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 San Marino 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”) 2021 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
Workers’ Compensation
Builder’s Risk
$5,000,000
$1,000,000
Completed value of the project
As described below
$1,000,000
Surety Bonds
Professional Liability
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 C-11
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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 NAME AND LOCATION]

1.02 1.03
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;
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 1.06
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.

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 1.08
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.

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 20___.
day of ,

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address
City, State, Zip Code
Street Address
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 NAME AND ADDRESS], dated [Month, Day], 20_, in the amount of [ Insert Amount].

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature:

Name:

Signature:

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 3 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 4.2, 4.3 or 4.4 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 6 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 6 below, for the performance and completion of C-16
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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 4.4, 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 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 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 4.1, 4.2 or 4.3 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 4.1, 4.3 or 4.4 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 5 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 5 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 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 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 herefrom 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 2200 Huntington Drive, San Marino, CA 91108, [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. 3.

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.

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. 5.

6. 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.

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.

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
____________________________________
Signature
___________________________________
Name
___________________________________
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 _____________________________________ C-20
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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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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: Street Rehabilitation Project, CIP No. 22/23-9271 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
Print name and title
Signature of Prime Contractor
Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.) COC-1
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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 Street Rehabilitation Project as particularly described in said contract and identified as CIP No. 22/23-9271, 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
Name of disposal site
Type of material disposed of
Name of disposal site
Address of disposal site
Type of material disposed of
Name of disposal site
Address of disposal site
Type of material disposed of
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
Print name and title
Date Signature of Prime Contractor
Print name and title
Date
COC-2
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(If the Prime Contractor is a corporation two signatures of corporate officers are required.) COC-3
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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
of the following named Contractor:

Dollars,
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)
COC-4
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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 Street Rehabilitation Project, CIP No. 22/23-9271, 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
Print name and title
Date Signature of Prime Contractor
Print name and title
Date
(If the Prime Contractor is a corporation two signatures of corporate officers are required.) COC-5
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GUARANTEE AGREEMENT
TO:The CITY OF San Marino (Owner), for construction of the [PROJECT NAME 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 COC-6
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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
COC-7
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CERTIFIED PAYROLL GUIDELINES

AT THE START OF THE JOB PLEASE PROVIDE THE FOLLOWING FOR EACH CONTRACTOR / SUBCONTRACTOR:

1.) A list of all trades & crafts anticipated on the job (see separate example sheet).

For example, if the project is calling for state prevailing wages, the relevant information can be found on www.dir.ca.gov/OPRL/PWD/index.htm. Make sure you check if the project is state or federal.

2.) If fringes are paid directly to a plan (partly or in full), please provide fringe benefit statements for all crafts anticipated

3.) Proof of payment of training dues (if applicable)

4.) A list of all subcontractors anticipated on the job (applies to main contractor only) PLEASE NOTE:
• The start date of the job is payroll week #1 for the main contractor and every subcontractor on the job, regardless of being on the job at the beginning or not. • For each week please provide either a payroll report with statement of compliance OR where no work is performed a statement of non-performance for all contractors/subs. The only exception: The weeks before the initial work start can be grouped into 1 statement of non-performance as long as the entire time frame is specified. Otherwise a statement of non-performance is required weekly. • When a contractor/subcontractor has completed their work on the job, a FINAL statement of non-performance is required. This can be identical to a regular statement of non-performance except it needs to specify that it is the final statement. • It is imperative payroll documents are received complete and promptly in order to authorize the contractor’s invoices. Therefore, please send 1 set of originals with wet signatures of everything as promptly as possible
Issued 3-28-2022 CGP - 1 Prj. No. 21-9271 PAGE 115 of 175 PAGE 116 of 175
Issued 3-28-2022 CGP - 3 Prj. No. 21-9271 PAGE 117 of 175 STATEMENTꢀOFꢀNON-PERFORMANCEꢀ
NameꢀofꢀContractorꢀ/ꢀSubcontractor:ꢀ______________________________________ꢀ PayrollꢀNumber(s):ꢀꢀ#________________ꢀ
FinalꢀStatementꢀofꢀNonꢀPerformanceꢀ(Pleaseꢀcircle):ꢀ Yesꢀꢀ Noꢀ PayrollꢀWeekꢀEndingꢀDate:ꢀ________________________ꢀ
Iꢀdoꢀherebyꢀstateꢀthatꢀnoꢀmechanics,ꢀlaborers,ꢀapprenticesꢀorꢀtraineesꢀwereꢀꢀ employedꢀonꢀtheꢀconstructionꢀsiteꢀofꢀtheꢀProjectꢀ______________________________ꢀꢀ _____________________________________________ꢀduringꢀtheꢀpayrollꢀperiodꢀcommencingꢀonꢀꢀ theꢀ___ꢀdayꢀofꢀ___________ 2019 andꢀendingꢀtheꢀ___ꢀdayꢀofꢀ____________ 2019 .ꢀ SignatureꢀofꢀAuthorizedꢀPerson:ꢀ________________________________ꢀ Title:ꢀ_________________________________ꢀ
Date:ꢀ_________________________________ꢀ
Issued 3-28-2022 CGP - 4 Prj. No. 21-9271 PAGE 118 of 175 Issued 3-28-2022 CGP - 5 Prj. No. 21-9271 PAGE 119 of 175 Issued 3-28-2022 CGP - 6 Prj. No. 21-9271 PAGE 120 of 175

CONTRACTOR FRINGE BENEFIT STATEMENT
Contract Number: Project Name: Today's Date:

Contractor / Subcontractor Name: Business Address:

In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees on the various classes of work are tabulated below.

Classification: Effective Date: Subsistence or Travel Pay:
$
Health & $ PAID TO: Name:

Welfare
Pension
Address:
$
$
PAID TO:

PAID TO:

Name:

Address:

Vacation/
Holiday
Name:

Address:

Training $ PAID TO: Name:
and/or Other Address:

Classification: Effective Date: Subsistence or Travel Pay:
$
Health &
Welfare
$ PAID TO: Name:

Address:

Pension $
$
PAID TO:

PAID TO:

Name:

Address:

Vacation/
Holiday
Name:

Address:

Training $ PAID TO: Name:

And/or Other Address:

Classification: Effective Date: Subsistence or Travel Pay:
$
Health &
Welfare
$ PAID TO: Name:

Address:

Pension $
$
PAID TO:

PAID TO:

Name:

Address:

Vacation/
Holiday
Name:

Address:

Training $ PAID TO: Name:

And/or Other Address:

Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made.

Submitted: Contractor / Subcontractor By: Name / Title
Issued 3-28-2022 CGP - 7 Prj. No. 21-9271 PAGE 121 of 175 Issued 3-28-2022 CGP - 8 Prj. No. 21-9271 PAGE 122 of 175 Project No. 22/23-9271 PAGE 123 of 175
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PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&

Z&K CONSULTANTS
17130 VAN BUREN BOULEVARD, SUITE 122
RIVERSIDE, CA 92504
This Professional Service Agreement (“the Agreement”) is made as of July 26, 2024 (the “Effective Date”), by and between Z&K CONSULTANTS (“Consultant”), and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).

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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 June 30, 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 $199,996. 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).

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 2 of 14 PAGE 125 of 175
3 of 14
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 126 of 175
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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
17130 Van Buren Blvd. Suite 122
Riverside, CA 92504
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 128 of 175
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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 129 of 175
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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.

12.6 Cyber security and privacy liability. Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor (first-party) or customer’s (third party) computer, computer system, network, or similarly related property and the data, software, and programs. d. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement. e. Costs associated with restoring, updating, or replacing data. f. Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals.

If coverage is maintained on a claims-made basis, consultant shall maintain such coverage for an additional three (3) years following termination of the contract.

12.7 Cyber technology errors and omissions. Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:

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a. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information(PHI).
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from the failure of technology products (software and hardware) required under the contract for Consultant to properly perform the intended services. d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service. e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. f. Liability arising from the rendering, or failure to render, professional services. g. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights.
h. Crisis management and other expert services.

If coverage is maintained on a claims-made basis, the Consultant shall maintain such coverage for an additional three (3) years following termination of the contract.

Other provisions or requirements

12.8. 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.

12.9 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.

12.10Primary/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 PAGE 131 of 175
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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.

12.11 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.

12.12 Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact 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.

12.13 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.

12.14 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.

12.15 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.

12.16 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 PAGE 132 of 175
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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.

12.17 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.

12.18 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.

12.19 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.

12.20 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.

12.21 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 PAGE 133 of 175
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such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.

12.22 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.

12.23 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.

12.24 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.

Indemnification, Hold Harmless, and Duty to Defend

12.25 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.

12.26 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 PAGE 134 of 175
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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.

13.0 Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, 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.

14.0 Labor Certification

14.1. 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.

14.2. 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.

14.3. 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.

14.4. 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.

15.0 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.

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16.0 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.

17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

19.0 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.

20.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

21.0 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.

22.0 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.

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23.0 Prohibited Interests; Conflict of Interest

23.1. 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.

23.2. 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.

23.3. 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.

24.0 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.

25.0 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.

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26.0 Corporate Authority

26.1. 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.

26.2. 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.

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
See next page
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PROPOSED APPROACH & PERFORMANCE CRITERIA
The Z&K Team has been working diligently to understand every aspect of the project, including performing a constructability review for the City. This involvement provides us with a deeper understanding of the challenges and the key elements that the project may be facing and familiarity with the site and stakeholders. This knowledge and preliminary legwork will help us to hit the ground running and help the contractor understand the project better, preventing possible issues. Our Team has the ability, capacity, and skill to perform the contract and effectuate the work. We understand the project construction scope of work includes, but is not limited to the following: mobilization; traffic control and construction signage; removal and replacement of concrete curb and gutter, concrete cross gutter and concrete driveway approaches; installation of ADA compliant curb ramps; clearing and grubbing; removal and preparation of native subgrade materials; removal and disposal of Macadam base materials; localized pavement repairs; construction of cold-milling asphalt concrete pavement and overlay with hot mix asphalt (HMA); surface reconstruction; full reconstruction; removal and restoration of traffic markings and striping; painting curb house numbering and curb face painting.

The City's Parks and Public Works Department is responsible for the maintenance and repair of 59.8 centerline miles of public streets, including 21.4 miles of arterial streets, 5.6 miles of collector streets and 32.9 miles of local streets. The Department is also responsible for the maintenance and repair of 12 parking lots and 22 alleyways. The Project is a citywide roadway pavement rehabilitation project consisting of 26 segments of on various residential, collector, and arterial streets throughout the City of San Marino with a PCI of 53 or below.

We understand that the Project will be advertised for construction bid in May 2024 with construction anticipated to begin in Summer 2024 and be completed within 90 working days.

CAPITAL IMPROVEMENT PROGRAM | Since 2018 the City has completed an annual street rehabilitation project as part of its overall Street Rehabilitation Program. The goal of the Council-adopted Pavement Management Plan is to move the City to a maintenance-only footing by 2032. The annual project helps improve resident and pedestrian safety by improving the condition of the streets.

CONSTRUCTABILITY REVIEW & LESSONS LEARNED | The Z&K Team has been working diligently to understand every aspect of the project. We provided a constructability review to the City to integrate improvements to the plans prior to bidding. We reviewed the plans, specifications, and cost estimate provided by the City. We were pleased to see that many of the comments and lessons learned that we had on previous projects were addressed and implemented by NCE. Our comments are a follows:

Z&K thoroughly reviewed the plans and specifications and recommend adding language for the following items:
• Clarify all trucking routes with City approval prior to starting any asphalt removals / dig outs and prior to any slurry sealing or asphalt placement.
• Contractor will use a flagman / overwatch for all trucks operating in the vicinity of any trees. The flagman will monitor all trucks to ensure that raising or lowering truck beds do not come in contact with existing trees and do not damage trees.
• Contractor shall not perform truck operations where existing trees are in the vicinity of trucks without the supervision of the Inspector to ensure no trees are damaged during construction activities.

Z&K is recommending the following language revisions:

Inspector will video all adjacent intersections and approved trucking routes prior to asphalt operations to memorialize all adjacent streets and all striping for asphalt tracking and damage to striping.

This is included in the Plans (Sheet 2 of 7), General Notes Item 12 includes “The Contractor shall restore any and all pavement and other facilities outside limits of work affected by the construction operations at no additional cost.

It is the Contractor’s responsibility to videotape or document existing conditions prior to start of work to substantiate any previous damage; copies of which shall be provided to the Engineer.

We recommend revising this to the following and also adding it to the specifications. “The Contractor shall restore any and all pavement and other facilities outside limits of work affected by the construction operations at no additional cost. It is the Contractor’s responsibility to videotape or document existing conditions prior to start of work to substantiate any previous damage; copies of which shall be provided to the Engineer for approval.

We recommend updating the following section:
3-5.1.7 Curb Ramps | 3. Prior to the start of construction, the Contractor shall provide all required construction surveying and layout work for installation of an ADA-compliant curb ramp including ADA-compliant slopes. The construction surveying and layout work shall be reviewed by the Engineer and Construction Manager. The Plans note an assumed Caltrans Standard Plan installation “Case” for each location, but it shall be the Contractor’s responsibility to coordinate with the Engineer and Construction Manager to field fit the curb ramp installation and the Engineer shall make a final determination as to a suitable ramp “Case”. (TP-18)

7. In the case the Contractor believes it is not technically feasible to develop an ADA-compliant curb ramp, the Contractor shall note the site design exceptions and furnish to the Engineer the best fit layout for approval in writing prior to demolition of the existing improvements and layout of the new curb ramp. (TP-19) [REPLACE WITH]