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HomeMy WebLinkAboutAGMT - Z&K Consultants Inc (Tennis Center Improvement Project (BG2105) Construction Management and Inspection Services) Terminated Effective 02182023Sent by First -Class Mail January17, 2023 Crystal Fraire Z&K Consultants, Inc. 22295 Jessamine Way Corona, CA 92883 with a copy to: Crystal Faqih Z&K Consultants, Inc. 16891 Suttles Drive Riverside, CA 92883 RE: Termination of Professional Services Agreement with Z&K Consultants, Inc. for Tennis Center Improvement Project (BG2105) Construction Management and Inspection Services Dear Ms. Fraire: This letter serves as thirty (30) days' notice by the City of Seal Beach of termination of the Professional Services Agreement for Tennis Center Improvement Project (BG2105) Construction Management and Inspection Services entered into between the City of Seal Beach and Z&K Consultants, Inc. on September 12, 2022 ("Agreement"). This termination is for convenience and is effectuated pursuant to Section 5.1 of the Agreement, which provides in pertinent part that "This Agreement may be terminated by City, without cause... upon giving the other party written notice thereof not less than 30 days prior to the date of termination." The effective termination date ("Effective Termination Date") shall be February 18, 2023. By email dated January 4, 2023, from Denice Bailey, Project Engineer, to Brittany Duhn (then designated as Z & K Consultants' representative under the Agreement), the City instructed Z & K Consultants, Inc. to cease all Services on the project until further communication from the City; and Ms. Duhn confirmed by return email sent on January 4, 2023 that all work would cease as of that date. In accordance with that prior direction, and pursuant to this notice, all Services (as defined in Section 1.0 of the Agreement) should have ceased as of January 4, 2023, and no further Services should be provided through the Effective Termination Date. Please provide the City with a detailed final invoice with back-up for any Services that Z&K Consultants, Inc. believes is due from the City from January 1, 2023 through January 4, 2023, as well as all back-up for all Services provided for the months of August 2022 through December 2022. Additionally, pursuant to Section 12.0 of the Agreement, please deliver all work product and other deliverables related to any Services performed by you, your agents or your employees pursuant to this Agreement to the City as soon as reasonably possible, and no later than 30 days from the date of this letter. pinEm Lly Jill R. Ingram, City Manager cc: Brittany Duhn, Z & K Consultants, Inc., by first-class mail and by email to bduhnO-zandkconsultants.com Iris Lee, Director of Public Works/City Engineer Denice Bailey, Project Engineer Craig A. Steele, City -Attorney Amy Greyson, Assistant City Attorney -2- S7296-0001\2769189v1.doc PROFESSIONAL SERVICES AGREEMENT for Tennis Center Improvement Project (BG2105) Construction Management and Inspection Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 9-0 Z&K Consultants, Inc. 22295 Jessamine Way Corona, CA 92883 (951) 310-7470 This Professional Services Agreement ("the Agreement') is made as of September 12, 2022 (the "Effective Date"), by and between Z&K Consultants, Inc. ("Consultant"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). i RECITALS A. City desires certain professional construction management and inspection services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued Request for Proposals on July 14, 2022, titled "Tennis Center Improvement Project (BG2105) — Construction Management & Inspection Services," and Addendum 1 dated July 26, 2022 (collectively "RFP"). Consultant submitted a proposal dated August 10, 2022, and subsequently revised on August 17, 2022, in response to the RFP. C. Consultant represents that the principal members of its firm are qualified professionals and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. 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 (collectively "Services") set forth in the Request for Proposals, attached hereto as Exhibit B and incorporated herein by this reference. To the extent that there is any conflict between Exhibit B and this Agreement, this Agreement shall control. 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 law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, 2of19 and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on September 12, 2022 and shall remain in full force and effect until December 31, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not -to -exceed amount of $220,971.50 (Two Hundred Twenty Thousand Nine Hundred Seventy -One dollars and 50/100) for the Term. 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 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 within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other 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 three (3) years following the termination of this Agreement. 3of19 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal -or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Crystal Fraire is the Consultant's primary representative for purposes of this Agreement. Crystal Fraire shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. 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: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Z&K Consultants, Inc. 22295 Jessamine Way Corona, CA 92883 Attn: Crystal Fraire 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4 of 19 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the 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 and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any 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, other 5of19 retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall indemnify and hold harmless City and its elected and appointed 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, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, 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. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 6of19 10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed 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, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 1=1.0 Confidentiality 11.1. Consultant covenants that all data, reports, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, computer files, electronic files, notes, discussion, materials, or other information, records and documents of any kind (collectively "Data & Documents") developed, prepared or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, directors, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena. 11.2. Consultant shall promptly notify City should Consultant, its officers, directors, employees, agents and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 7of19 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Data & Documents shall be considered "works made for hire," and all Data & Documents 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. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents. 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products .produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected and appointed 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 City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products 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 Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant 8of19 shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards 9of19 outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Familiarity with Work By executing this Agreement, ,Consultant represents that it has: (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the Services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. 18.0 Insurance 18.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. 18.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 10 of 19 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability. , with minimum limits of $1,000,000 per claim/aggregate. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 18.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 18.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 18.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 18.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers designated volunteers and agents 11 of 19 serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 18.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 18.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City. 18.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 18.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by 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. Consultant may provide complete, certified 12 of 19 copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 18.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 19.0. 18.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 18.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 17.0. 19.0 Indemnification, Hold Harmless, and Duty to Defend 19.1. Indemnities. 19.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities 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. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and 13 of 19 experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 19.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 19.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their 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 or Liabilities 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. 19.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 19.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 19.5. Survival of Terms. Consultant's indemnifications and obligations under this Section 19.0 shall survive the expiration or termination of this Agreement. 20.0 Non -Discrimination and Equal Employment Opportunity 14 of 19 Consultant affirmatively represents that it is an,equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 21.0 Labor Certification By its signature hereunder, Consultant certifies that 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, and agrees to comply with such provisions before commencing the performance of the Services. 22.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit A, attached hereto and incorporated by reference herein. 23.0 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. 24.0 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. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this 15 of 19 Agreement (whether contract, 'tort, or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 26.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 27.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 28.0 Prohibited Interests; Conflict of Interest 28.1. 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. 28.2. 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. 16 of 19 28.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, 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 Section. 29.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment 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. 30.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 31.0 Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 32.0 Mutual Cooperation 17 of 19 32.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 32.2. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 33.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 34.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 35.0 Exhibits All -exhibits referenced in this Agreement are 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. 36.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 37.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 18 of 19 by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL CH By: Jill R. Ingram, City Manager Atte in Approv?as For By: Craig A. Steele, City Attorney CONSULTANT: Z&K Consultants, Inc., a California corporation By: Name: -Zack Faqih Its: Vice President By: Name: Kardn Paqih Its: Secretary (Please note, two signatures required for corporations pursuant to California Corporations Code Section 393 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 19 of 19 EXHIBIT A OF PSA Terms for Compliance with California Labor Law Requirements Ile EXHIBIT A TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' 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 contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. EXHIBIT B OF PSA Consultant's Proposal REQUEST FOR PROPOSALS (RFP) TENNIS CENTER IMPROVEMENT PROJECT (BG,2105) CCNSTRCTION MANAGEMENT & INSPECTION SERVICE] CONSULTANTS BUILDING SOLUTIONS August 10, 2022 Denice Bailey, Project Manager City of Seal Beach, Public Works Department 11 Eighth Street, Seal Beach, CA 90740 Sublect:Request for Proposals (RFP) for Tennis Center Improvement Project (BG2105) — Construction Management & Inspection Services Dear Ms. Bailey, Z&K Consultants, Inc. (Z&K) proudly presents our proposal to the City of Seal Beach to provide Construction Management and Inspection Services for the Tennis Center Improvement Project. Z&K is a certified Women's Business Enterprise (WBE), Disadvantaged Business Enterprise (DBE), and Small Business Enterprise (SBE) in Southern California. Z&K specializes in the provision of Construction Inspection, Construction Management, Plan Review, Project Management, Staff Augmentation, and other Engineering Services. The Z&K Team has held many professional construction management and inspection services contracts for local agencies and is committed to the success of the City's project. Z&K is proposing the same team that successfully delivered numerous building and facility improvement proiects, including Converse Consultants as a subconsultant providing Material Testing Services. This Team works efficiently and with great comradery with City staff to achieve the community's goals. Z&K works proactively and diligently with City staff to successfully deliver projects under budget while mitigating numerous unforeseen delays. We understand the vital importance of community outreach in keeping councilmembers and the community informed with accurate project schedules and detailed outreach efforts. Z&K may provide weekly project newsletters of critical construction activities completed each week and the scheduled activities to be completed the week after. Z&K is proud to provide site walks with City staff and elected officials at any time throughout the project as directed by the City PM to discuss project progress and schedule. Our proposed Senior Construction Manager/Project Manager, Zack Faqih, PE, MSCE, CBO, ICC Certified, and our Senior Building/Construction Inspector, Tom Dawson, CBO, ICC Certified, are thoroughly familiar with the project and have performed a site visit and preliminary constructability review of the project plans and specs. Our team has prepared a comprehensive risk matrix for this Project. Mr. Faqih, PE, QSD/P, MSCE, CBO will personally lead the Z&K Team as the Senior Construction Manager/Project Manager. Mr. Faqih has a strong team of high-quality senior individuals to perform the tasks outlined in this RFP. Our key team members have over 25 years of specialized experience in these Services for public agencies and have 100% commitment to the City's Project. Zack Faqih, PE, MSCE, CBO, QSD/P, ICC Certified and Tom Dawson CBO ICC Certified are vastly experienced with the 2019 California Building Code and are ICC certified in all building trades. They are both certified building officials and certified structural mechanical electrical, and plumbing inspectors. Both Mr. Faqih and Mr. Dawson have extensive experience working for Public Agencies for and have both served as Deputy Building Officials. They are accustomed to working with government agencies and have first-hand understanding of public agency procedures and policies. We have created a uniquestaffing plan to meet the City's needs and expectations for this Project. Our proposed team members have prior experience with numerous similar projects and are recognized as experts in Construction Management and Inspection Services and will provide "turn -key" Services for the City. The Z&K team knows the importance of providing qualified and experienced personnel that arrive on-site properly equipped and have the necessary safety and technical training to start work with no learning curve. We maintain an extensive history of working with various local agencies. Throughout the completion of many projects, our team has demonstrated an unparalleled ability to work well with local agency staff, project stakeholders, engineers, and contractors. We have successfully delivered projects in a timely and cost-effective manner and have acquired a keen understanding of agency requirements. Our team prepared a risk management log, identifying various critical elements of this project that will be of top priority for Z&K's proposed personnel. We understand that Project features include locker room with amenities including showers, restrooms, day -use lockers, and changing space; a kitchen to serve daily users and/or warming/catering area for events; a sliding glass door system; energy- efficient mechanical, electrical, and plumbing equipment; upgrading the court light to LED lighting; new LED lights to courts without lighting; renovated multi-purpose building; and demolition of the existing locker room. I will serve as the primary contact person for the full duration of 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 correct. We acknowledge that Addendum No. 1 was issued on July 26, 2022. Z&K does not have any exceptions and commits to accept the terms and conditions to the language in the RFQ documents. We look forward to the successful completion of the City of Seal Beach's upcoming project. Sincerely, C fid. >'� President I Z&K Consultants, Inc. 473 E. Carnegie Drive I Suite 200 1 San Bernardino, CA 92400 951.310.7470 1 cfraire@zandkconsultants.com CONSULTANTS BUILDING SOLUTIONS Page of 25 Table of Contents CoverLetter ...................................................................................................................................................... 1 ` TableofContents .............................................................................................................................................. 2 CompanyQualifications ................................................................................................................................ 3 Local Staffing List . __-_—_—.—.--.—__--'---__—____-_—_---____.—_7 Understanding,YA' ba ..................... . ..... je -ntcontract Sign Ok ^ \ � B'U:ILDING SOLUTIONS 'I ` | `- - . . � p@Q�2 -25- - � COMPANY QUALIFICATIONS The proposed Z&K Team are experts of Facility/Building Improvement Projects. Z&K has successfully delivered over 17 similar projects within the last 5 years, including the following Cities: Tustin, Costa Mesa, South Gate, Lynwood, La Quinta, Lake Forest, and San Bernardino. Z&K Consultants Inc. (Z&K) is a leading provider of Project Management, Construction M t A t t' I W f II Z&K Consultants, Inc. Businiss-Inf6fim—affan ---i Legal Name Z&K Consultants, Inc. Certifications DBE, SBE, WBE Business Entity California C Corporation DIR Registration No. 1000029878 anagemen an ons ruc ion nspection services. a area u -service civil engineering firm specializing in professional engineering services ranging from project management, construction management, construction inspection, design, labor compliance, structural engineering, plan review, staff augmentation, and other professional engineering consulting services. Z&K is in a strong financial position and does not have any conditions that may impede our firm's ability to provide the services requested in this proposal. Our proposed team members are licensed Professional Engineers, certified Building Officials, and Certified structural/mechanical/electrical/ and plumbing inspectors. Our A -team beings the unique background required to ensure the successful completion of this project: extensive experience in both buildings and tenant improvements and park improvement projects. Z&K has exceptional experience providing Construction Management and Inspection services of projects for Southern California municipal agencies in the following project types/features: locker rooms with amenities, kitchen renovations, sliding glass door systems, energy-efficient mechanical, electrical, and plumbing equipment, LED lighting, multi-purpose building renovations, and demolition. Our firm is very experienced providing project management services. Our proposed PM, Brittany Duhn, PE has provided project management for Cities and managed over 12 projects at a time providing staff augmentation and has managed over 50 city projects. She is an expert at technical review of buildings and tenant improvement projects and park and facility projects. She is known to push projects through, provide comprehensive constructability and cost savings options, and provide excellent final plans and specifications for bidding and construction. She is very thorough and ensures that the project plans and specifications are clear and inclusive, and do not leave gray areas for contractors to exploit. Z&K commits to providing our best project management, construction management and inspection services for timely and successful. project completion. Our Team has extensive experience working with Public Agencies in similar assignments, including experience in dealing with public agency staff, City Councils, and Commissions. Our key project team members have served public agencies in various capacities, are accustomed to working with government agencies. Our qualified team will provide turn -key services, be the single point of contact, and responsible party representing the City. We will dedicate the necessary resources to complete each assignment on time and within budget. Our key personnel will be assigned to the project for the entire duration and will not be removed or replaced without concurrence from the City. Z&K is proud of our reputation for having seasoned construction management, project management, and inspection personnel and of the industry's recognition of our ability to deliver improvement projects ahead -of -schedule, under budget, without claims, and with outstanding customer service for the local community. Our Team has strong construction knowledge and background in construction of municipal public works projects, can provide leadership to the entire design and construction team, are able to work in close partnership with City staff and are able to oversee, manage, and control schedules and costs during all phases of the 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 theCity'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's Project. Over the last 5 years, the Z&K team has provided these Services for the following similar contracts and projects, including: Perris Hills Park Improvements (City of San Bernardino) Page 3 of 25 FIRM EXPERIENCE CITY OF TUSTIN I VETERANS SPORTS PARK AT TUSTIN LEGACY Z&K Consultants provided Project Management, Construction Management and Construction Inspection Services as a subconsultant for the City of Tustin's Veterans Sports Park at Tustin Legacy. This park w is the City of Tustin's largest park carved from 31.5- - acres. This project was 100% locally funded, utilizing several funding sources. The construction for the ,, �' r°q �".• Veterans Sports Park consisted of demolition, grading, storm drain, water, reclaimed water, and sanitary sewer installation. The sports park contained a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, sand volleyball and pickleball. The park included a passive recreation area, fitness stations, concession/restroom/storage buildings, a veteran's memorial feature, skate plaza, a parking lot, and a children's play environment. Additional relevant park features included LED lighting installation, retaining walls, synthetic turf, outlet structures, outdoor seating areas, ADA compliant ramps and concrete walkways, ADA compliant parking lot spaces, landscaping, and water features. Z&K managed and coordinated all aspects of the project, performed pre -construction services, coordinated field meetings and construction progress meetings, reviewed and approved contractor's construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities. Z&K provided a full comprehensive constructability review performed by the CM team and our in-house designers and architects. CITY OF COSTA MESA I JACK HAMMETT SPORTS COMPLEX IMPROVEMENT PROJECT w The Z&K Team provided Construction Management and Inspection services for the City -� = • — r s4 , of Costa Mesa's Jack Hammett Sports Complex Improvement. Project. Relevant tI4 _ = • '•a �,$ -.. � `� �, .�.,�_ � � improvements within the project included sports field construction, synthetic turf installation, concrete improvements, parking lot improvements including increase of parking and improved circulation, ADA improvements, electrical runs to the pull boxes ;i_144 S-, for storage buildings within the complex, construction of retaining walls, block wall fencing, replacement of lighting system, irrigation improvements, landscaping, rough i and precise grading, foundation improvements, construction and installation of two .,'r., + j new storage buildings, and all electrical and mechanical work within the buildings. Z&K �� . �. • ����' �T'-�e�.;K-,4Y�.,:: managed and coordinated all aspects of the project, performed pre -construction services, coordinated field meetings and construction progress meetings, reviewed and approved contractor's construction schedule, reviewed contract change orders, A' maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities. Page 4 of 25 CITY OF LAKE FOREST I ARBOR MINI PARKS, VINTAGE AND SUNDOWNER PARKS BORREGO OVERLOOK REGENCY AND RANCHO SERRANO PARKS (SIX (6) PARK IMPROVEMENT PROJECTS) Z&K Consultants provided Construction Management, Construction Inspection, and Contract`-' administration for the Arbor Mini Parks and Neighborhood Park Renovations, which includes"" -5. Borrego Overlook, Regency, Rancho Serrano, Sundowner, and Vintage Parks. This program includes improvements such as removal of existing hardsca a installation of new landscaping and ' irrigation, installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, erosion control, storm drain construction, construction of concrete walkways and exercise trails, �� ... installation of exercise equipment, installation of barbecues, picnic tables, park lighting system and electrical system, installation of drinking fountains, installation of shade structures, rubber surfacing, and concrete loop walkways. Z&K is managing and coordination all aspects of the project, performing pre -construction services, coordinating field meetings and construction progress meetings, reviewing and approving contractor's construction schedule, reviewing contract change orders, maintaining monthly accounting of construction costs, reviewing and coordinating approval of shop drawings, tracking and processing submittals and requests for information, monitoring materials documentation and testing results, conducting labor compliance and certified payroll review, participating in public outreach activities, providing full time inspection of project activities, ensuring compliance with approved PS&E, city standards, and Greenbook standards, ensuring compliance with the NPDES program and Cal OSHA requirements, coordinating materials testing services and reviewing results, coordinating with utility companies, and coordinating and conducting project closeout activities. CITY OF SOUTH GATE I HOLLYDALE COMMUNITY PARK IMPROVEMENTS PROJECT The Z&K Team provided Project Management, Construction Management and Inspection services for the City of Couth Gate's Hollydale Community Improvement Project. The project involves the renovation of Hollydale Community Park which is located at 12119 Industrial Avenue, in the City of South Gate. The Project improvements include a new community center, new lighting and electrical systems, concrete improvements, stormwater chambers, new irrigation system and landscaping, site furniture, new playground and exercise equipment, basketball court, block wall fence, construction of a new 1,675 SF community building and other miscellaneous work. Z&K is providing contract administration, construction management, inspection, utility coordination, labor compliance, public outreach, geotechnical and material testing services, and project close-out. Z Z&K provided a full comprehensive constructability review performed by the CM team and our in-house designers and architects and assisted the City with bidding, bid analysis, and award. CITY OF LYNWOOD I YVONNE BURKE —JOHN HAM PARK COMMUNITY CENTER Z&K Consultants provided Project Management, Construction Management and Inspection , Services for this new 8,645 SF community center and park. The project included building'" `%• ^ improvements, such as a kitchen, multipurpose rooms, administration offices, restrooms, game room concession room as well as improvements to the park, such as landscaping, irrigation, retaining walls block wall fencing, site lighting, concrete walkways, water features outdoor exercise stations, a natural grass baseball field, outdoor basketball court, covered` picnic and barbecue areas, playground equipment, public restrooms, a Y4 mile ADA accessible ko walkway, outlet structures, and paving improvements. The building utilized a dual plumbed Y system and the site used reclaimed water for irrigation. The project required close°' r coordination with SCE, Region Water Quality Control Board, and Los Angeles County Department of Public Health. Z&K managed and coordinated all aspects of the project, performed pre -construction services, coordinated field meetings and construction progress meetings, reviewed and approved contractor's construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities. Z&K provided a full comprehensive constructability review performed bythe CM team and our in-house designers and architects. CITY OF SAN BERNARDINO I PLAYGROUND EQUIPMENT REPLACEMENT FOR SIX PARKS The Z&K Team provided Project Management, Construction Management and Inspection services for this project, which consisted of park improvements to six (6) community parks in the City of San Bernardino. Parks that received improvements included Jack Reilly Park, Encanto Park, Gutierrez Park, Colony Park, Delmann Heights Park, and La Plaza Park. Z&K oversaw the replacement of playground and exercise equipment, installation of block wall fencing, grading, irrigation and landscaping improvements, construction of a basketball courts and other sports fields, installation of barbecue and picnic areas, ADA accessible curb ramps and walkways, storm drain construction, and various concrete improvements. Z&K managed and coordinated all aspects of the project, performed pre -construction services, coordinated field meetings and construction progress meetings, reviewed and approved contractor's construction schedule, monthly accounting of construction costs, reviewed shop drawings, processed submittals and requests for information, performed labor Page 5 of 25 compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies. CITY OF SAN 'BERNARDINO I SECCOMBE LAKE PARK AND PERRIS HILLS PARK The Z&K Team provided Construction Management and Inspection services for this project, which involved improvements to Seccombe Lake Park and Perris Hills Park in the City of San Bernardino. Z&K personnel performed constructability reviews of the project plans and specifications prior to the bid release. The project included grading, fencing, new CMU restroom buildings, and ADA parking space construction. The project also included landscaping and irrigation improvements, ADA sidewalk improvements, installation of playground and exercise equipment, installation of horseshoe pits, improvements to a baseball diamond, playground areas, picnic and barbecue areas, and installation of several benches. Z&K managed and coordinated all aspects of the project, performed pre -construction services, coordinated field meetings and constructions progress meetings, reviewed and approved contractor's construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities. CITY OF LA QUINTA I SILVERROCK PARK VENUE SITE Z&K provided Project Management, Construction Management and Inspection Services for this Project, which sits on 14 acres with approximately eight (8) acres of walking paths, turf, and landscaping. Construction work included precise grading, hardscape, landscaping and irrigation, stream and lake construction, furnishing and installation of lighting, decomposed granite parking lot construction, concrete ADA parking space construction, concrete and decomposed walkways, construction of a stage, installation of playground equipment, picnic and BBQ areas, park lighting, construction of an outdoor theater with seating area. b -y ��.:r The Project included traffic control, dust control, SWPPP, 6" PCC paving, 6" concrete vertical curb, 4" concrete rolled curb, over 70,000 SF of decomposed stabilized granite, concrete cross gutter, parking lot signage and striping, ADA curb ramps, ADA parking stalls, fire line, water line, headwalls, and rip rap, drinking fountains, parking lot lighting, and landscaping. Z&K personnel provided full time construction management and inspection services to ensure compliance with the contract documents, evaluated the Contractor's daily performance, coordinated and conducted pre -construction meeting, regularly scheduled construction progress meetings, tracking and reviewing RFIs and submittals, ensuring contractor's compliance with public right-of-way, performing utility coordination, monitoring compliance with BMPs, assisting with community outreach efforts, and coordinated completion of final punch -list items, project close-out, and final inspection and walkthrough. Z&K'provided a full comprehensive constructability review performed by the CM team and our in-house designers and architects. CITY OF SAN BERNARDINO I SPLASH PADS FOR FOUR PARKS The Z&K Team provided Project Management, Construction Management and Inspection for this series of park improvement projects, which involved splash pad installation for four (4) parks; Tom Minor'Park, Wildwood Park, Lytle Creek Park, and Anne Shirrels Park. Z&K oversaw the installation of splash pad and playground equipment, irrigation and landscaping improvements, grading, concrete improvements, ADA accessible ramps, improvements to lighting and electrical systems, and construction of block wall fencing. In addition to providing constructability review during, the pre -construction phase, Z&K coordinated field meetings and construction progress meetings, reviewed and approved contractor's construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities. Page 6 of 25 LOCAL STAFFING LIST ORGANIZATIONAL CHART Z&K has carefully selected this "A -Team" and has committed our most qualified staff for the duration of the contract. Our proposed Z&K team includes the following subconsultant, with whom we've worked together on numerous projects and share great synergy: » Converse Consultants: Materials Testing Services Our proposed team members have extensive experience in Construction .Management and Inspection of building and facility improvement projects. Our staff will deploy efforts as the project schedule and construction activities dictate. We will reallocate manhours, when possible, for cost savings to the City. By using highly qualified multi -disciplined personnel, we can provide a cost of service well under industry standard. As -Needed inspectors are included for work outside of normal working hours to accommodate construction and operational needs. SUBCONSULTANTS I CONVERSE CONSULTANTS In 1946, Professor Frederick J. Converse established Converse Consultants (Converse) in Pasadena, California to w, Aprovide the construction industry with geotechnical engineering and geological services. Converse is an employee - owned corporation, with 9 offices and more than 150 employees throughout the United States. Their professional �M= 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). A registered civil engineer supervises each lab to ensure all of our equipment is calibrated regularly, and quality control is available 24/7. Z&K Consultants commits that all assigned personnel will not be removed or replaced without prior written City approval. Key personnel will be available to the extent proposed for the duration of the contract. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership and supervisory management positions in many local agencies including the private and public sectors. All can multi -task, are multi -disciplined, and have o full understanding of all aspects of the proposed project requirements. They deliver their knowledge and expertise with tact and seamless integration with staff and outside agencies. Page 7 of 25 STAFFING PLANITEAM AVAILABILITY Z&K Consultants, Inc. has first-hand experience on the expectations and requirements to make this Project a success. This is an important Project for the City and community. We understand the staff effort needed to complete this project on time and within budget. Based on previous projects, we have developed a unique staffing plan specific to the City's Project. Our key personnel have all served together on previous projects. Our proposed staffing plan has been developed to have a cost well under industry standard. *Converse Consultants will provide Material Testing Services on an as -needed basis based on the requirements of the Project. KEY PERSONNEL The proposed key team members have extensive experience working with Public Agencies in similar assignments, including experience in dealing with public agency staff, City Councils, and Commissions. The key project team members have served public agencies in various capacities, are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. We will provide turn -key services, be the single point of contact and responsible party representing the City. Zack Faqih, PE, QSD/P, MSCE, CBO I Senior Construction Manager/Senior Project Manager (Over 17 Facility & Building Improvement Projects) Mr. Faqih has more than 32 years of experience providing project management, construction management, and construction inspection in both private and public sectors. He has demonstrated expertise in all aspects of project and construction management through a wide range of responsibilities including constructability review, budget analysis, contract negotiations', schedule development and assessment, bid document review, project closure documentation, quality control, quality assurance. Mr. Faqih was the Deputy Building Official for the City of Yorba Linda, City of Rialto, and the County of Orange for over 15 years. Thomas Dawson, CBO, ICC Certified I Senior Building/Construction Inspector (Over 13 Facility & Building Improvement Projects) Mr. Dawson is multi -disciplined and has extensive Construction Management experience. He has over 28 years of experience. We understand that the City's Project requires a more experienced inspector who can ,immediately resolve issues in the field. He creates great working relationships with City staff and the local community. Mr. Dawson will be available for site walks and meetings with the City. These will provide opportunities to discuss project specifics, issues, and propose solutions. Mr. Dawson will work closely with the residents and local community to respond to complaints and keep the City updated on Project progress. He will coordinate with local agencies which will becritical to the Project's success. Mr. Dawson was the .Deputy Building Official for the County of Orange for over 12 years. Brittany Duhn, PE, QSD/P I Project Manager (Over9 Facility & Building Improvement Projects) Ms. Duhn has extensive experience in providing project management, office engineering, construction management, contract administration, and labor compliance oversight services for public works and capital improvement projects, and has provided services for over 9 facility and building improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation sports fields and courts installation, and block wall fencing installation. Page 8 of 25 CL E '66 c ca •L.>.�..• QF V a .� QI c E:, c4 N. fl. 2_5 at a =1 - ar ar � 0. �. � vi .c -Y 0�0.' � a M Q R U tom, C bn ba C G a � D Ad 41 a � ri: to tX 5 � ur y oa C 6 -� C °' o ° E cAt C t¢ „ � a C7- 0� obi uY io � !� n� % fC� —a� a ,�, ai off" Zack Faqih, PE, MSCE, QSD/P, CBO Senior Construction Manager/Senior Project Manager M111011111111111111 Tom Dawson, CBO, ICG Cert. ®� Senior Building/Construction Inspector Brittany ana r/ QSD/P Project Manager/Office Engineer *Converse Consultants will provide Material Testing Services on an as -needed basis based on the requirements of the Project. KEY PERSONNEL The proposed key team members have extensive experience working with Public Agencies in similar assignments, including experience in dealing with public agency staff, City Councils, and Commissions. The key project team members have served public agencies in various capacities, are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. We will provide turn -key services, be the single point of contact and responsible party representing the City. Zack Faqih, PE, QSD/P, MSCE, CBO I Senior Construction Manager/Senior Project Manager (Over 17 Facility & Building Improvement Projects) Mr. Faqih has more than 32 years of experience providing project management, construction management, and construction inspection in both private and public sectors. He has demonstrated expertise in all aspects of project and construction management through a wide range of responsibilities including constructability review, budget analysis, contract negotiations', schedule development and assessment, bid document review, project closure documentation, quality control, quality assurance. Mr. Faqih was the Deputy Building Official for the City of Yorba Linda, City of Rialto, and the County of Orange for over 15 years. Thomas Dawson, CBO, ICC Certified I Senior Building/Construction Inspector (Over 13 Facility & Building Improvement Projects) Mr. Dawson is multi -disciplined and has extensive Construction Management experience. He has over 28 years of experience. We understand that the City's Project requires a more experienced inspector who can ,immediately resolve issues in the field. He creates great working relationships with City staff and the local community. Mr. Dawson will be available for site walks and meetings with the City. These will provide opportunities to discuss project specifics, issues, and propose solutions. Mr. Dawson will work closely with the residents and local community to respond to complaints and keep the City updated on Project progress. He will coordinate with local agencies which will becritical to the Project's success. Mr. Dawson was the .Deputy Building Official for the County of Orange for over 12 years. Brittany Duhn, PE, QSD/P I Project Manager (Over9 Facility & Building Improvement Projects) Ms. Duhn has extensive experience in providing project management, office engineering, construction management, contract administration, and labor compliance oversight services for public works and capital improvement projects, and has provided services for over 9 facility and building improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation sports fields and courts installation, and block wall fencing installation. Page 8 of 25 Zack Faqih, MSCE, PE, QSD/P, C.B.O. Senior Construction Manager/Senior Project Manager 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) Certificate # 22055 » 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 Ci �of Costa Mesa: Jack Hammett Sports Complex Improvement Project, Costa Mesa, CA I Senior for Structural Steel Construction Manager/Project Manager: This $3.2M project includes various improvements to the » Certified Special Inspector Jack Hammett Sports Complex, a 14.5 -acre park with six illuminated utility fields, a restroom for Reinforced Concrete building, picnic benches, and on-site parking. The project involves concrete flatwork, electrical runs to the pull boxes for multiple storage buildings, retaining walls, ADA compliant ramps, synthetic turf, slab on grade foundation, fencing, improvements to lighting, irrigation and landscaping, foundation improvements, construction, and installation of two new storage buildings, and electrical and mechanical work within the buildings. City of Lynwood: Yvonne Burke John Ham Park & Community Center, Lynwood, CA I Senior Construction Manager/Project Manager: Providing construction management agency services for this new 36,000 sf park and community center. The project included multi- purpose rooms, exercise and wellness center, commercial kitchen, and a unique mat foundation. This project was designed for a silver LEED rating and is on track for gold attainment. Project technical features include concrete walkways, ADA compliant curb ramps, landscaping, irrigation, lighting, community center, restrooms, retaining walls, parking lot, curb and gutter, site fencing, mass and precise grading, and utility installation. Mr. Faqih provided contract administration services, conducted all construction related meetings with the contractor, coordinated activities with other consultants, processed RFIs and submittals and the contractor's progress pay estimates. City of Lake Forest: Arbor Mini Parks and Neighborhood Park Renovations, Lake Forest, CA i Senior Construction Manager/Project Manager: This project involves major renovations to numerous parks, including the Arbor Mini Parks, Vintage Park, Sundowner Park, Borrego Overlook Park, Regency Park, and Rancho Serrano Park. Improvements include replacement of playground equipment, installation of new landscaping and irrigation, installation of block wall fencing and decorative iron fencing, installation of exercise equipment, installation of barbeque areas, park lighting, rubber surfacing, and concrete improvements. Mr. Faqih provided contract administration services, conducted all construction related meetings with the contractor, coordinated activities with other consultants, processed RFIs and submittals. City of Tustin: Veteran Sports Park at Tustin Legacy, Tustin, CA i Senior Construction Manager/Project Manager: This project is a $28M sports community park project for the City of Tustin. Major improvements included exercise and playground equipment installation, turf, lighting and electrical installations, basketball court and sports field construction, infrastructure improvement, drainage improvements, utility coordination, concrete improvements. The sports park contains a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, sand volleyball and pickleball. The park also includes a passive recreation area, fitness' stations, concession/restroom/storage buildings, a large parking lot, slab on grade construction, retaining walls, outlet structures, outdoor seating areas, ADA compliant concrete walkways, ADA compliant parking lot spaces, landscaping, and water features. Relevant Key Highlights: ■ Construction Inspection ■ Construction Management • Contract Administration ■ Utility Coordination • Labor Compliance Oversight • Public Outreach • Geotechnical & Materials Testing ■ Project Close -Out • Staff Augmentation • Project Management ■ Constructability Reviews • Value Engineering • SWPPP/NPDES Compliance ■ Utility Coordination • Agency Coordination • CAL -OSHA Safety Compliance • Quality Control/Quality Assurance CONSULTANTS BUILDING SOLUTIONS • Community Parks ■ Building Projects • Playground Equipment Installation • Lighting Systems ■ Electrical Systems • Concrete Improvements • Stormwater Chambers ■ Irrigation Systems • Landscaping • Site Furniture Installation • Exercise Equipment Installation • Basketball Court Installation • Block Wall Fencing • Synthetic Turf Installation • Grading • Erosion Control • ADA Compliant Ramps Mr. Faqih has over 32 years of experience providing resident engineering, construction management, construction inspection, project management, and contract administration services, and has provided servicesforover 17building andfacilityimprovement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation, sports fields and courts installation, block wall fencing installation, synthetic turf installation, grading, and ADA compliance ramps. Mr. Faqih has also served projects involving structural and masonry walls, stud wall construction, slab on grade foundation, and concrete construction and general commercial building construction. Mr. Faqih's experience extends to interfacing and coordinating with the Caltrans -Local Assistance Program, Counties, Cities, and Funding Agencies. He has excellent skills in understanding construction contracts, review and control project cost and schedule, coordinate and assist in negotiating change orders, ensure timely review of critical path method (CPM) schedule to track any changes in critical path and delays, managing multiple subconsultants and supervise inspection staff. Zack was the Deputy Building Official for the City of Yorba Linda, City of Rialto, and the County of Orange for over 15 years. He is a Civil Engineer, a Certified Building Official, and ICC Certified in all building trades. Relevant Project Experience Page 9 of 25 Thomas Dawson, CBO, ICC Certified Senior Building/Construction Inspector LICENSES & REGISTRATION » International Code Counsel Certifications » Building Plan Examiner » California Commercial » Combination Inspect/Legacy » California Commercial Plumbing Inspector » California Commercial Mechanical Inspector ii California Residential Mechanical Inspector California Residential Electrical Inspector » California Residential Plumbing Inspector » Certified Building Official » CLB License No. 674861 » OSHA 30 Hr. Relevant Key Highlights: • Construction Inspection ■ Construction Management ■ Contract Administration • Utility Coordination • Labor Compliance Oversight • Public Outreach ■ Geotechnical & Materials Testing • Project Close -Out ■ Staff Augmentation ■ Project Management • Constructability Reviews • Value Engineering • SWPPP/NPDES Compliance • Utility Coordination • Agency Coordination ■ CAL -OSHA Safety Compliance ■ Quality Control/Quality Assurance CONSULTANTS BUILDING SOLUTIONS • Community Parks ■ Building Projects • Playground Equipment Installation ■ Lighting Systems • Electrical Systems • Concrete Improvements • Stormwater Chambers • Irrigation Systems • Landscaping • Site Furniture Installation ■ Exercise Equipment Installation • Basketball Court Installation • Block Wall Fencing • Synthetic Turf Installation • Grading • Erosion Control • ADA Compliant Ramps Mr. Dawson has over 28 years of experience in public works and capital improvement projects, and has provided construction management, construction inspection, project management, and contract administration for over 13 facility and building park improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation sports fields and courts installation, and block wall fencing installation. Mr. Dawson has a thorough understanding of Cal -OSHA practices and procedures, ADA and Caltrans ADA requirements, as well as extensive knowledge of Caltrans construction practices. Additionally, Mr. Dawson is familiar with the Greenbook, Caltrans standard specifications, Caltrans standard plans and has worked on numerous projects within Caltrans ROW. Tom was the. Deputy Building Official for the County of Orange for over 12 years. He is a Certified Building Official and ICC certified in all building trades (Building Inspector, Structural/Electrical/Mechanical/ and Plumbing Certified Inspector. Relevant Project Experience City of Costa Mesa: Jack Hammett Sports Complex Improvement Project, Costa Mesa, CA I Project Manager: This $3.2M project includes various improvements to the Jack Hammett Sports Complex, a 14.5 -acre park with 'six illuminated utility fields, a restroom building, picnic benches, and on-site parking. The project involves concrete flatwork, electrical runs to the pull boxes for multiple storage buildings, retaining walls, fencing, improvements to lighting, irrigation and landscaping, foundation improvements, construction, and installation of two new storage buildings, and electrical and mechanical work within the buildings. Mr. Dawson provided full-time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor. City of Lynwood: Yvonne Burke John Ham Park & Community Center, Lynwood, CA I Senior Building/Construction Inspector: Providing construction management agency services for this new 36,000 sf park and community center. The project included multi-purpose rooms, exercise and wellness center, commercial kitchen, and a unique mat foundation. This project was designed for a silver LEED rating and is on track for gold attainment. Project technical features include concrete walkways, ADA compliant curb ramps, landscaping, irrigation, lighting, community center, restrooms, retaining walls, parking lot, curb and gutter, site fencing, mass and precise grading, and utility installation. City of La Quinta: SilverRock Park Venue Site, La Quinta, CA I Senior Building/Construction Inspector: This project involved improvements to the 14 -acre SilverRock Park Venue site, which includes eight acres of walking paths, synthetic turf, and landscaping, stage, art walk, and a 3,050 -square -foot storage building. Construction work includes landscaping and irrigation, furnishing and installation of pump for lake, lighting installation, installation of electrical pull boxes, utility coordination, concrete and decomposed walkways, PCC paving, restroom building, ramp, railing, decorative pavers, drinking fountains and picnic areas, retaining walls, and construction of an outdoor theater with seating area. Mr. Dawson provided full-time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP,, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor. City of Tustin: Veteran Sports Park at Tustin Legacy, Tustin, CA i Senior Building/Construction Inspector: This project is a $281VIsports community park project for the City of Tustin. 'Major improvements included exercise and playground equipment installation, turf, lighting and electrical installations, basketball court and sports. field construction, concession/restroom/storage buildings, drainage, utility relocation, and concrete improvements. The sports park contains a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, sand volleyball and pickle'ball. The park also includes fitness stations, skate plaza, and a large parking lot, retaining walls, outlet structures, seating areas, ADA compliant concrete walkways, ADA compliant parking lot spaces, and landscaping. Mr. Dawson provided full-time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, participated in public outreach, assisted with progress pay estimates, and RFI and submittal reviews. Page 10 of 25 Brittany Duhn, PE, QSD/P Project Manager EDUCATION » BSCE —Civil Engineering California State Polytechnic University, Pomona LICENSES & REGISTRATION » Professional Engineer, P.E. State of California (#91078) Relevant Key Highlights: • Construction Inspection • Construction Management • Contract Administration • Utility Coordination • Labor Compliance Oversight • Public Outreach • Geotechnical & Materials Testing ■ Project Close -Out • Staff Augmentation • Project Management • Constructability Reviews • Value Engineering • SWPPP/NPDES Compliance • Utility Coordination ■ Agency Coordination • CAL -OSHA Safety Compliance • Quality Control/Quality Assurance CONSULTANTS BUILDING SOLUTIONS • Community Parks ■ Building Projects ■ Playground Equipment Installation • Lighting Systems ■ Electrical Systems • Concrete Improvements • Stormwater Chambers • Irrigation Systems • Landscaping • Site Furniture Installation • Exercise Equipment Installation • Basketball Court Installation • Block Wall Fencing • Synthetic Turf Installation • Grading • Erosion Control. • ADA Compliant Ramps » OSHA 30 Hour Training Ms. Duhn has extensive experience in providing project management, office engineering, » QSD & QSP Certification construction management, contract administration, and labor compliance oversight services for (#27609) public works and capital improvement projects, and has provided services for over 9 facility and building improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation sports fields and courts installation, and block wall fencing installation. 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, Relevant Project Experience City of Costa Mesa: Jack HammettSports Complex Improvement Project, Costa Mesa, CA I Project Manager: This $3.2M project includes various improvements to the Jack Hammett Sports Complex, a 14.5 -acre park with six illuminated utility fields, a restroom building, picnic benches, and on-site parking. The project involves concrete flatwork, electrical runs to the pull boxes for multiple storage buildings, retaining walls, fencing, improvements to lighting, irrigation and landscaping, foundation improvements, construction, and installation of two new storage buildings, and electrical and mechanical work within the buildings. Ms. Duhn coordinated preconstruction and construction meetings, provided engineering support, reviewed RFIs and submittals, reviewed progress payment requests to the City, and provided necessary coordination with other agencies. City of Lake Forest: Arbor Mini Parks and Neighborhood Park Renovations, Lake Forest, CA i Project Manager: This project involves major renovations to numerous parks, including the Arbor Mini Parks, Vintage Park, Sundowner Park, Borrego Overlook Park, Regency Park, and Rancho Serrano Park. Improvements include replacement of playground equipment, installation of new landscaping and irrigation, installation of block wall fencing and decorative iron fencing, installation of exercise equipment, installation of barbeque areas and picnic tables, park lighting, rubber surfacing, and concrete improvements. Ms. Duhn coordinated preconstruction and construction meetings, provided engineering support, reviewed RFls and submittals, reviewed progress payment requests to the City, and provided necessary coordination with other agencies. City of San Bernardino: Playground Equipment Replacement for Six Parks, San Bernardino, CA i Project Manager: This series of playground improvement projects includes play structure replacements for six parks. Improvements included playground equipment removal & installation, and ADA concrete improvements.. The project also includes landscaping and irrigation improvements, ADA improvements to parking lots, installation of picnic and barbecue areas, walkways, basketball court, and biking trails. Ms. Duhn scheduled and coordinated the preconstruction and construction meetings, assisted the contractor and City with community outreach and public relations efforts, monitored and reported on the status of the,project construction budget, ensured that all prevailing wage requirements were met, reviewed the contractor's requests for change orders and submitted recommendations to the City. City of Tustin: Veteran Sports Park at Tustin Legacy, Tustin, CA I Project Manager: This project is a $28M sports community park project for the City of Tustin. Major improvements included exercise and playground equipment installation, turf, lighting and electrical installations, basketball court and sports field construction, infrastructure improvement, drainage improvements, utility coordination, concrete improvements. The sports park contains a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, sand volleyball and pickleball. The park also includes a passive recreation area, fitness stations, concession/restroom/'storage buildings, a large parking lot, slab on grade construction, retaining walls, outlet structures, outdoor seating areas, ADA compliant concrete walkways, ADA compliant parking lot spaces, landscaping, and water features. Page 11 of 25 UNDERSTANDING/APPROACH We understand the FY2022-2023 carryover FY2021-22 Budget and goal spending for this project is $2,316,000. Our team and Project Manager excels in bringing projects from 90% design to construction. Our in-house architects and structural and MEP designers will also perform a full constructability review (in addition to our CM team) and are a strong resource for our CM team. Our team has worked on facility projects in similar capacity and constructability reviews are a great strength. Our team has performed a site visit, preliminary constructability review, and provided a Risk Management Log below. 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 thevalue 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. PROJECT MANAGEMENT -90% DESIGN PHASE Our team is excited to be brought on at 90% design phase. Our firm is very experienced providing project management services. Our team provides program and project management to numerous agencies throughout Southern California and is very experienced in all of the project life cycles. Our team of Professional Engineers currently manage over 80 projects combined as staff augmentation to multiple agencies. We understand not only construction, but how to work with designers and architects as an extension of City staff. Our Project Manager, Brittany Duhn, PE who is a licensed Professional Engineer has provided project management for Cities and managed over 12 projects at a time providing staff augmentation and has managed over 50 city projects over the last 3 years. She is an expert at technical review of buildings and tenant improvement projects and park and facility projects. She is known to push projects through, provide comprehensive constructability and cost savings options, and provide excellent final plans and specifications for bidding and construction. She is very thorough and ensures that the project plans and, specifications are clear and inclusive, and do not leave gray areas for contractors to capitalize on. The constructability review at the 90% design will be crucial to the project success. A thorough constructability review of the improvements and the project specifications will be central to construction running smoothly. Z&K will have our proposed CM team, made up of licensed Professional Engineers and certified building officials, certified plan examiners, and certified building/structural/mechanical/electrical and plumbing inspectors perform the constructability review. In addition to the CM teams review, we will have our in-house architects and structural and MEP designers perform a thorough constructability review. Since our team will have the opportunity to be brought on during the 90%, we have had a lot of success with pre -purchasing long lead item materials on our projects. We work with the architect to identify the crucial long lead items and procure these items around the 90% design. Some examples of the long lead items are the fire alarm, high performance sports lighting, mechanical equipment, etc. This helps architects since they will be able to review the long lead item submittals prior to construction and will not be bombarded with all submittals at once. This also helps the project budget because the City avoids mark up on these items. The contractor also does not have to build in the risk of guaranteeing the price of the items for longer than the 30 days that vendors quote, so it provides less risk to the contractor and a better priced bid. Since we are brought on at the 90%, we have the opportunity to employ bidding strategies. In the current bidding environment, we have noticed that bids have been coming in significantly higher than the engineer's estimate. This creates problems and delays since the project funding was based on the engineer's estimate. Due to the current bidding environment, the engineer's estimate becomes outdated quickly. We have many options for addressing this. Z&K will thoroughly analyze the engineer's estimate at 90% design and 100% design. Z&K has in-house designers in addition to our strong construction management team that are very familiar with cost estimating and the current bidding environment. We will also discuss bidding strategies with the City to help mitigate the effects of the bidding environment. Z&K provides program and project management for many agencies and have created great bidding strategies to keep the bids within budget. Page 12 of 25 MANAGEMENT APPROACH Z&K Consultants, Inc. provides proven professional construction management techniques to ensure the safe construction of a,quality project completed on time and within budget. Z&K accomplished this by establishing the systems, policies, and procedures necessary to ensure adequate project controls are in place. The Construction Manager must ensure all parties understand the basic responsibilities and interrelationships of all team member such as the Owner (both project management and operations), the Design Engineer, the Contractor, and the construction management team. Additionally, a good Construction Manager must have the knowledge and experience to effectively understand the interrelationships between the key management components of time, information, cost, and quality. Decision making, including obtaining sufficient information to make reasoned decisions, is the key element leading to a successful project. the project. The Z&K approach is founded on a thorough understanding of each of the management components critical to the project. TIME MANAGEMENT Time management uses scheduling to accurately manage and track the restrictive elements of time and resources throughout the project. The key to a successfully implemented and managed schedule is the development of an accurate, detailed, and realistic baseline schedule. Z&K will review the Contractor's baseline schedule to ensure it is accurate and reasonable. Activity durations and logic ties will be examined for accuracy and constructability. The schedule logic and activity durations will also be analyzed to ensure the Contractor does not use float suppression techniques. Schedule float is a valuable resource for the Owner and the Contractor. Schedule implementation and administration is the next step in proper time management. The Contractor's actual progress will be documented daily. The Z&K Team will review the progress with the Contractor at the weekly meetings. The Contractor's three -week - look -ahead schedule will be compared with the work plan on the record schedule to ensure the Contractor continues to use the record schedule as a management tool. We will check the record schedule for activities with start dates that did not begin during the review period. This proactive approach flags potential delay issues for further discussion. COST MANAGEMENT Z&K will take the lead to ensure a cost management system is properly implemented and maintained. Z&K's cost management role will be in two parts. The first is to track the value of the completed work to ensure accurate and detailed monthly progress billing by the contractor. Secondly, Z&K will proactively manage the change order process. The monthly progress billing may be tied to the construction schedule. A cost loaded critical path method (CPM) schedule is a valuable management tool. Each month, the Construction Inspector will review and approve the updated cost loaded CPM. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by the Construction Inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of values. This process ensures the Owner is accurately billed for the completed work monthly. Changes in work and unforeseen conditions will be closely monitored. Any costs for changes will be managed bythe 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. Page 13 of 25 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 ensurethe quality of their submittals. Likewise, lax procedures for the processing of RFIs may lead to misunderstandings and delays. 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 r, - o California Residential Code o California Green Building Code o California Disabled Regulations 'y o City Codes & Ordinances l' 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 0 10/30 -hr OSHA Training Certifications o Local Assistance Procedures Manual (LAPM) o State and Federal Building Codes (Site Accessibility) o County Procedures and Guidelines o Work Area Traffic Control Handbook (WATCH) Manual o Manual of Uniform Traffic Control Devices (MUTCD) o Project Safety Plan (PSP) o Site Health and Safety Plan o Activity Hazard Analysis (AHA) Page 14 of 25 O J Z 5w L Lu V Q Z Q C O Y v m a) rn co IL T to (n to a) N a) a a) to C L a) a a to L '° L !n a) to ]G — i m Y a) > ca •� a) O er- Y L 'C O C y O cYa m yO (� ° U to 4- m [O O O �. ca cu v d L � � CCD av-� Y Q •CD - D ,� N a) O.. 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CU 42. > Q) 7v. l m C i 7 �, m 4- a C/ 7, o: Ullm U.m a V' V' C � N C, dS v Ln E > m V7 'L v T +' > Y C U m i v 2- v O O, v L � i. "a C O C � Y� v U � L QC) v m. U. Y E Q c)) G) p °' C C — C. {j a v Y> +-' v O- v Y E U C U >j U ai L a S L OD0 C: Q)' \ C Lp U d U O °� z 0 O t v U 0 p CJ U U a a L S C L D 7 ;p so OD OD OD N a) i = S. 2 2 v E L OO r OD t OD C OD L a0 t OD C CU LD N 0 CD a) rn a) a. SCOPE OF WORK 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 proactively serves as the project's administrator and provides consistent coordination between all project stakeholders including the City, Design Engineer, and selected construction contractor and subcontractors. Z&K has thoroughly reviewed the Request for Proposal (RFP); we confirmed our team will provide all scope of work tasks as outlined in the RFP scope of services to ensure the success of the City of Seal Beach's Tennis Center Improvement Project. Z&K acknowledges our ability to meet potential project requirements listed under the scope of services. The Z&K Team, at a minimum, will perform the following services: 1. CONSTRUCTION MANAGEMENT AND PROJECT MANAGEMENT The Z&K team has the knowledge, skill, and experience to ensure that all project services required for this contract are coordinated and delivered in accordance with the plans and specifications. 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. The assigned Z&K Construction/Building Inspector and Senior Construction Manager/Project Manager 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. 2. INSPECTION Z&K Inspectors have experience providing inspection services for numerous capital improvement projects, building/facility improvements, park renovation, irrigation systems, landscaping, playground equipment, synthetic turf installation, lighting, grading, erosion control, storm water chambers, storm drain construction, ADA compliance ramps, structural and masonry walls, stud wall construction, slab on grade foundation, and different types of concrete construction and general commercial building construction, and are well aware of how important project quality control is to the overall success of a project. Throughout the 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 0&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. 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 0&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 Resident Engineer will review the inspectors' daily reports and provide copies to the City upon project completion. 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 Resident Engineer 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. Z&K Inspectors will enforce all of the City's National Pollutant Discharge Elimination System permits, as well as all water quality best management practices and SWPPP throughout all phases of the project. Z&K understand the importance of managing the Storm Water Pollution Prevention Plan (SWPPP). Our team includes QSD/Ps and inspectors fully knowledgeable regarding storm water BMP implementation and maintenance requirements. Our team is very knowledgeable in the development, implementation, and reporting requirements of a SWPPP. The Contractor will be required to file a Notice of Intent (NOI) with the SWRCB and to develop a SWPPP. We will monitor the contractor for compliance and confirm that required sampling takes place during rain events and required reports are filed into SMARTS. We will review the contractor's compliance with regulatory permits, mitigation measures, storm water regulations, and the SWPPP. Z&K will notify the Contractor immediately if control measures are not installed correctly and will oversee a prompt correction. We will be available to assist with the document review, uploading the document to the SMARTS system, obtaining a WDID number, and the implementation of the plan. Page 17 of 25 Z&K Inspectors will monitor the Contractor and their subcontractors for safety compliance for meeting local, state, and federal safety requirements. 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. 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. The Team will develop and maintain construction punch lists and coordinate the completion and correction of the punch list items with the Contractor. Z&K will prepare the final punch list when the Contractor has certified that the work is substantially complete. Z&K inspectors will coordinate and closely monitor all geotechnical and material testing, compaction testing, and any specialty inspection required throughout the project. Z&K will ensure that proof of all specialty certifications and licenses are on file and that they are all valid and unexpired. Z&K will periodically review all specialty certifications and licenses to ensure that they remain valid throughout the duration of the project. Z&K Inspectors will work to ensure all required testing and specialty inspection is performed with the required frequencies and documented properly. Sampling and testing activities will be conducted in accordance with the contract documents, and approved procedures. The Inspector will work with the Contractor to correct any failed tests and achieve compliance. Our team has the ability to effectively make decisions and coordinate with other professionals on field issues related to material testing and inspection. Z&K will develop and provide a comprehensive testing program for the Project in accordance with the contract documents. Z&K inspectors will provide photograph and video of pre -work and post -work conditions, in addition to daily as part of their daily reporting during construction. At the end of the project, Z&K will provide one complete set of construction digital photographs of all scope of work and critical items throughout the duration of the project. This set will include all photos and video footage from pre - construction, during construction and post -construction. Z&K will keep a constant line of communication open with the City and will report to the City's project manager daily via email and or text message. 3. MEETINGS 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 will establish coordination and a line of communication to be used among participants throughout the project. 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. 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. 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. 4. SCHEDULE & BUDGET The Z&K Team will maintain a master project schedule to include all completed and scheduled construction work. 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. The monthly progress billing will be tied to the construction schedule. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by the Page 18 of 25 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, Z&K will approve the monthly construction schedule, including activity sequences and durations, schedule of submittals, and schedule of delivery for products with long lead-time. Z&K will take the lead to ensure a cost management system is properly implemented and maintained. Z&K will track the value of the completed work to ensure accurate and detailed monthly progress billing by the contractor and Z&K will proactively manage the change order process. The monthly progress billing will 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 on a monthly basis. S. SUBMITTALS & RFIS As part of its Quality Assurance program, Z&K will coordinate and ensure prompt processing and an efficient turnaround time for contractor requests for interpretation (RFIS) of the plans and/or specifications to ensure that the project is kept on schedule. Quality assurance includes quality of the constructed work as well as the quality of the Contractor's document processes (such as RFIS, RFCs, shop drawing submittals, contract schedule adjustments, change orders, payment requests, etc.). The Z&K CMwill take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. 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 log, track, manage the distribution, and ensure timely review of all RFIS. Our staff has extensive document management and filing experience. Our team knows that a complete record of the project must include a full set of all correspondence to and from the contractor, as well as all other contract documents related to the construction of the project, will be documented and transmitted to the City. Z&K will coordinate preparation of the as -built plans with the Design Engineer. The drawings will include CADD files and printed mylars. We will manage the Design Engineer's performance on the as -built drawings and check the record drawings prior to transferring to the City. Z&K will create redlines on as -built drawings and coordinate the as -built plans with the Design Engineer. We will manage the Design Engineer's performance on the as -built drawings and check the record drawings prior to transferring to the City. Z&K Consultants will prepare a final report detailing the work completed, costs, changes, warranties, and documentation provided to the City. 6. MATERIALS & COMPACTION Z&K will be responsible for coordinating and supervising the geotechnical and materials testing program to ensure all required testing is performed with the required frequencies and documented properly. Sampling and testing activities will be conducted in accordance with the contract documents and approved procedures. The Inspector will work with the Contractor to correct any failed tests and achieve compliance. Our team has the ability to effectively make decisions and coordinate with other professionals on field issues related to material testing and inspection. Z&K will develop and provide a comprehensive testing program for the Project in accordance with the contract documents. Our Team will be responsible for supervising and coordinating the materials testing program to ensure all required testing is performed with the required frequencies and documented. 7. PUBLIC RELATIONS 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. Z&K will assist the City in forming and maintaining 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 general 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. Z&K will manage and track public inquiries for the Contractor and for the City and will advise of any concerns and findings. Additionally, Z&K will develop a neighborhood affairs strategy for any property owners, businesses, and the general public that will be affected. This will include the preparation and distribution of information materials for the affected public, including fact sheets and project updates. 8. PROGRESS PAYMENTS & CHANGE ORDERS 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 Page 19 of 25 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. Z&K works proactively to eliminate or reduce project impacts from change orders. Z&K will provide first-line management of CCO administration including review and evaluation of CCO requests; independent estimates; project mitigation such as possible alternatives and negotiation as the City's advocate; written approval from the City's Construction Manager prior to approval of any extra work; investigation and inspection of site conditions that differ from those described in the contract documents; schedule impact and analysis and verification; recommendations to the project Owner on acceptance; impact mitigation; review of submittals in support, and recommendation for resolution, of claims and disputes; and verification of costs. The Team will perform on-going review throughout the project to avoid any potential claims. If claims arise, the Team will work with the City and Contractor to find the best solution to resolve any claims in a timely manner. The Z&K Construction Manager and Inspection staff bring a detailed understanding of the City processes for administering Contract Change Orders per City's standards & procedures. We will work closely under the direction of the City's Construction Manager with the contractor to verify that change orders are processed and executed promptly by the contract documents and City's procedures. Inspectors will verify all work performed under time and materials, including equipment, contractor crew, and field measurements quantities. 9. STARTUP AND TESTING 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. 10. CLOSE-OUT & TRAINING Z&K will also issue the City 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 should be filed. Z&K will also provide the City with 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 completed. 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. Our Resident Engineer will take a proactive approach at processing close-out documentation including completion of final punch list items, 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. Page 20 of 25 REFERENCES City of Costa Mesa Jack Hammett Sports Complex. Improvement Project Construction'Management & Inspection Services.,(Prime) Project Completed On -Time and Within .Budget Nazila Mokarram, PE, Principal Civil Engineer, 77 Fair Drive, Costa Mesa, CA 92626 mmo'karra.m@li keforestca.gov 1714.754.5000 Construction Value: $2.2M I Dates: November 2021— August 2022 City of Lake Forest Arbor Mini Parks, Vintage and Sundowner Parks, Borrego Overlook, Regency, and Rancho Serrano Parks Construction Management & Inspection Services Projects Completed On -Time and Within Budget Doug Erdman, Engineering Manager/ Assistant City Engineer 100 Civic Center Drive, Lake Forest, CA 92630 derdman@lakeforestca..gov 1949.282.5233 Construction Value: $2.6M I Dates: September 2021— Ongoing City of San Bernardino Playground Equipment Replacement for Six (6) Parks, Splash Pads for Four (4) Parks, & Seccombe Lake'Park and Perris Hills Park Construction Management & Inspection Services Projects Completed On -Time and'Within Budget Nadeem Syed, Project Manager 290 N D St, San Bernardino, CA 92401 Syed_Na@sbcity.org 1760.668.6371 Construction Value: $1.7M I Dates: June 2021— Ongoing Page 21 of 25 y0E SEA4 eF August 17, 2022 Denice Bailey, Project Manager City of Seal Beach, Public Works Department �41FORN�P 11 Eighth Street, Seal Beach, CA 90740 Subiect:Request for Proposals (RFP) for Tennis Center Improvement Project (BG2105) — Construction Management & Inspection Services Dear Ms. Bailey, Z&K Consultants Inc. (Z&K) proudly presents our cost proposal for Tennis Center Improvement Project (BG2105) — Construction Management & Inspection Services. Our not -to -exceed total lump sum fee for Construction Management and Inspection Services is $220,971.50. Z&K Consultants based our cost proposal on the scope of work provided in the Request for Proposals. All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements. Rates included in our Cost Proposal are fully billable rates. All overhead costs are included. All insurance will be in force at the time of contract execution. Z&K has carefully selected this "A -Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver projects with such benchmarks in mind. Our proposed team members are recognized as experts in Construction Management and Inspection services and will provide "turn -key" Construction Management and Inspection services for the City of Seal Beachr Tennis Center Improvement Project. Below is a table with the hourly rate schedule: Z&K Consultants, Inc Hourly Rates: Senior Construction Manager/Senior Project Manager................................................................................$157.00 Senior Building/Construction Inspector........................................................................................................$146.00 ProjectManager.............................................................................................................................................$138.00 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 Seal Beach and are committed to the successful completion the City's important project. Sincerely, C fi T%1rZ Crystal Fraire, PE, QSD/P I President, Z&K Consultants Inc. 473 E. Carnegie Drive I Suite 200 1 San Bernardino, CA 92400 951.310.7470 1 cfraire@zandkconsultants.com CONSULTANTS BUILDING SOLUTIONS Z&K Consultants, Inc. I www.zandkconsultants.com 1951.310.7470 W J D M LLJ U N W LLJ Ll 0 LU LU U W O O Z Clj +- 0 U U aJ C: 'o L N � U LO � c L C 4J O •1--' C 2 c O u U L 0 (n Q. c Q- o p U N C p O •� U � N CD c N O C 4- O L U U O L 0 0 v v bD L E tn -0 co L (U a) U NO (a L Q a- cc � O G O d 4- U Q) U N a) N O t LL cli c s= L p U O 4 N o + E O O C w ra p > O U aJ N Q Lna 4-+ CO C C L C O C L O iZ u U L � 4--+ N 6 V) O N () aJ L C cN Y � oL _ .- 3 m a– L �o O O .O O N Q C N v O a) Ln t v 4- +- 4' U L CU O aJ 4- v - N CO 0 U m0 O O L O on C CO (° a> > cCn H � � H o O Ln o o O LO p o 0o6 0 0A U O d' n LO O N : t - r m 41o tN �t O0 O Cl) LO cli in• in• ih L : LO 2 O� O � O O O CD m nn. O 41N O H N O C O O 7 C3 6 > 75 O O O O O O CD O C Ln U O tai) •°i• �� U • O. L mN O v c= rn �° O O o O p rm-L L C v a 4A. m t� CD O L O • O 4' .• LO00 LD • p=p L aJ L d ON 0 O N O 0CD r Loco C 4j)- cq Ln Cp U ci th O Ln • L L O O CO 'C O • CU C tora Ln O U 00 C) Ln Ln CD N O O I N C/I c(Ij W U .. V)- • U m O iNjy d • • • Oa-- N LL a) 0 —p }, p = dL) C 4- Cia U a..+ O CU • U o C O a1 U '� E co oD C C p O p V � U -0-o C Q N E U Q N: 0 0 LLJ L- N N E � U O_ co '� U to O O L0 N +� > _ Q - O_ c0 >, •i pCL •• C N 0 Ln d 0 C p Q !NA c J (gyp N aJ aJ -0a) j CO Q) - 06 oA C U~ 06 .0 0 UD Of = m t QZS bn O 1 p LO N Ln O = aJ .p Ln LY1 C N 0 C aJ D_ U GJ aJ ~ (O 'C a1 7 H �O ' cu CU U O Q 4- N 0- aJ aJ c QJ O L C c ca � U V) c O — C tla N •C " O +_+ +- (n C6 C Q U oD UGiO pO�w a) � �� 'n C ���, c/') O OL 0 o p 0 Ln rn o j U a o U -65 O v a � °'-U a 0 zz >a ° n a Qj ZZ Qj C .� > u Qj oQj v= cu ~ 0---d Q, QJ Qj O O H a a a 'a Z3 O ,O a O U v � v Q 4a C o 3 QJ Qj Q CLO a 4- U OZZ Z 3 ,H a -C3 QjO cu O ILQj i 4 v v � 4- o cm > U a .�j Qja Ln a _ O i D' � U � QJ Q�J a v Ln O Qj U ,� L ° c a 0� O Ln C VO �, O U 4 a 6 Q O Qj-J-- 4 - QEJ O 1 4- cm QJ Qj n Ln 14Z, z Qj a > O p Q cn � a�a v -rS E O C cn c 0 v c 3 3 3 ■� o ■` IctN Z U 0 c J C O v Z(.9 c ®Zm 0> V -j C)) m N • v C ru U w rn r U C Ln c M N i_ O U Y co N EXCEPTIONS Z&K Consultants, Inc. does not have any exceptions or deviations from any portion of the RFP and/or City's standard agreement. BUSINESS ENTITY Z&K Consultants, Inc. is a California C Corporation. CONTRACT SIGNATORIES The,two, (2)'binding signatories for Z&K-Consultants, hh-t. are.as'f6l lows: L Crysta.1 Fraire,'PE, Presidoh-[[-Z&K Consultants, Inc. Zack F4qih,'PE, vice2lDresident 1,Mtopsultants, Inc., iE 1,, Page`22.of 25 V EXAMPLE DOCUMENTS CONSULTANTS BUILDING SOLUTIONS Page 23 of 25 uutuiNn #CGgE55PNOfDS. CubardGmnCmard PeadyhtPmwal `.. �. nr �n•anamarw _ liner. ik�•1 �Fi� f1`�l WEEKLY NEWSLETTER mCONSULTANTS °was. Marbm amo..¢mwFm.¢ Sbeet PeMtilNam Rgtam OryeciNa 20.93)1 Ta McbM}bmm.Pabk—D¢ebulCaYEnDmce GryMSm Mun¢ Cy Pebc grtlPladoulFWPUYcwa4sDnv%m r.Ungsr DamF gxmrs sem v¢i+c wuisimo�v Fane lack F.eOt.PE,C�vupnMrgnt Muigv uarnv,m.mA ¢.r. Datr. 'tub 11,20x2 utletC W1eUFNmwRrt/]-t2iY¢lilnMNm Wae[Nhab®ptbn Pmpam Weekf�e� JW 9, 2021 Npke1¢PnxeeO: lane2L2W i Dunikxr. LO WwYMg DaF1 cmnpen¢n wle: sPxmn¢r ss,zoz} P.mmg¢mbxie: 22x 12MOtY�iNi>PAS<mEEe • ZRI( Q.1 Foam Feld dx 2nd tmwKfi¢n pmym nxearg mlhmdcA h3} 61@Lae 9 am sd dmoN pgtt[ 16ndaY and pJpeti. • A1QmrlmlFubcmmPxcen..gcNemaW mnv¢�o hamminda6�aaddta•ilr gmn bchfhlbwmCikrras • Plier6rymrsrnisammupxRtirlmg,Ldr•MWaddMnaadbmd meets«emermwLu naddauW wtp inatma0aro Wsewe. �Nunmaamdm¢c lrlrvmm•r.M Ue l]w Nravxrryd¢vxasW ntkMhfntheJve4db[n spnDms..ctcvlN nyuttsFhMla.irli26giweteq.rdtdmrdF '.ed. • Thtrt Fa6en mesaktPissue tucrn¢'{a3+MMaermadei.chFk W:wm gaud b/n FaemU•e MnsFer (tan Dm Caµ2he 4idew4ee:nP10 MP.NMa29M Haw.. 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Pato�.l ngea.ra Page 24 of 25 few 1 6.d, —__ •R ' Q �� xn�t�Sl n,axn' wouw Mx...c ecsao�.ye .rte, ncv+nal:X'•+.vm oa—waa.gr�a. v�KMttgl emrpu' mc+a m.pv-�npmgrvrvn_ Page 24 of 25 EMPLOYEE INTERVIEW FORM �ki ww �3� � •� i 1 1 WEEKLY STATEMENT OF WORKING DAYS Coreirnrwao.rmnceaw,amrn,... �Y,� CONTRACT CHANGE ORDERS CONi"" CCNANW 01WEg NO.07 NuauemQn /J W I.L NbOOC.IAt alumur�nax re11FCT (r146t+j m. a.o..e. mr.. rrp. b ew.p.�e.,bn..ar.er b.m Tb anbavm.u.mr rrm., T41.n.N,me.r.mmrooe.a.q.Mrbwb W Yno.nde•.V�orM,w.n Ncuq.aer mn.mrlbaOmMbfr Cgb.paoW pbbebubl. � Rxr. M.reangvi6 OM1..a brw, ,L�Q0o1 :=F.F. rb.n iti;retro it. mm�tec. feeae a n.ebn.meyn rvn,e m.ra.�rie.wbmtr IS¢emmL�b awn l.nw bbe.sagm.,qu.�n.mr. in. a�e.eo..mmsmpmm� rem..wb.�mt.a..rin.emw.m.rw..�.. mwu�. e �e..ya,v.mr.ea.....mr v.sr.wa a. mr,.e.m,r.a m�o..mw c+ma.oa. ibtnar.bb G..bniww.er bpry Orm.Oerrbererpm.Iry. 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Page 25 of 25 EXHIBIT C OF PSA Request for Proposal Tennis Center Improvement Project (BG2105) — Construction Management & Inspection Services (July 14, 2022) City of Seal Beach Request for Proposals for Tennis Center Improvement Project (BG2105) - Construction Management & Inspection Services !411 M vo-, 0 tom_ FrV�_� RFP responses to be received until 2:00 P.M., August 8, 2022 in the Public Works Department ATTN: Denice Bailey, Project Engineer Approved for Advertising: Iris Lee City Engineer Date Issued: July 14, 2022 Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE & COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. GENERAL CONDITIONS EXHIBIT A — Tennis Center Improvement Project — 60% Design Plans EXHIBIT B — Sample Professional Services Agreement 2 �l I REQUEST FOR PROPOSALS FOR TENNIS CENTER IMPROVEMENT PROJECT (BG2105) CONSTRUCTION MANAGEMENT & INSPECTION SERVICES ALL, INTERESTED PARTIES MUST REGISTER BY EMAILING dbailey@sealbeachca. ov. COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA EMAIUL. PROVIDED. I. INTRODUCTION The City of Seal Beach ("City") owns and operates the Seal Beach Tennis & Pickleball Center Facility located at 3900 Lampson Avenue, in the City of Seal Beach. The City's Tennis and Pickleball Center Facility is comprised of three (3) general buildings — the clubhouse, the locker/workout room, and the multi-purpose room. The 2011 Citywide Facility Condition Assessment identified these 1970's buildings to be in poor condition with deficiencies including seismic retrofits, kitchen upgrades to comply with health department requirements, fire safety upgrades, waterproofing, and structural enhancements. The City has retained Gills + Panichapan Architects, Inc. to design facility improvement plans. The design is based on meeting the functionality of a community gathering space, providing locker room amenities, and optimizing the use of the clubhouse. Features will include: • Locker rooms with amenities including showers, restrooms, day -use lockers, and changing space. • A kitchen to serve daily users and/or a warming/catering area for events. • A sliding glass door system. • Energy-efficient mechanical, electrical, and plumbing equipment. The design also includes the following site upgrades: • Upgrade court light to LED lighting. • New LED lights to courts without lighting. • Renovated multi-purpose building. • Demolition of the existing locker room. An excerpt of the 60% design plans is included for reference as Exhibit A. Estimated construction value is at $1.8 million. Active construction duration is currently estimated at eleven (12) months. Construction is anticipated to start November 2022 and be completed by November 2023. The Facility will remain fully operational during construction. The City is soliciting proposals from qualified consultants to provide professional construction management and inspection services for this design -bid -build Project improvements. 11. QUALIFICATIONS Minimum Qualifications • Valid California license and/or certification for the discipline of Work. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional construction management and inspection services, or demonstrated equivalent experience, in similar facility improvement settings. • Knowledge and experience working in on tenant improvement building projects. • Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. • Adequate availability of key team members. • Proficiency with applicable regulatory agencies' rules and regulations. III. SCOPE OF SERVICES The following is an envisioned approach but is subject to change based on the Consultant's project understanding and recommended approach. 1. Construction Management and Project Management — Consultant shall provide project coordination starting at the 90% design phase, which would at a minimum include constructability review, value engineering, coordination with design consultant, final bid package assembly and review, bid support, and coordination of on-site work. 2. Inspection — Provide daily inspection and records during the course of construction, including verification of BMPs and NPDES materials. This will include coordinating and providing any necessary specialty/deputy inspection needs. There may be occasions where work may take place outside of normal working hours to accommodate construction and operational needs. 3. Meetings - Coordinate and conduct meetings with design consultant, permitting agencies, any regulatory/governing body, and contractor. Consultant should anticipate developing agendas and minutes for each meeting. 4. Schedule & Budget — Ensure on-time and within budget project delivery. This will include regular schedule updates and budget reports. 4 5. Submittals & RFI's — Coordinate review and response to RFI's with design consultant, as necessary. Evaluate merit of any potential claims. 6. Materials & Compaction — Provide necessary materials, compaction, and specialty testing. 7. Public Relations — Coordinate construction notifications, proactively respond to public inquires and possibly conduct/facilitate public outreach workshops. 8. Progress Payments & Change Orders — Coordinate and validate contractor change orders and monthly progress payments. 9. Startup and Testing— Coordinate testing and commissioning activities. 10. Close Out & Training — Coordinate and review all construction closeout documentation with warranties. Ensure end-users are properly trained prior to demobilization. IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Denice Bailey, Project Engineer City of Seal Beach — Public Works Department 211 Eighth Street Seal Beach, CA 90740 dbailey(a sealbeachca.gov (562) 431-2527 ext. 1328 The City, will respond to all questions and requests for clarification received by August 4, 2022: V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Consultant Interview (if conducted) ■ Contract Award by City Council ■ Notice to Proceed 5 07/14/2022 08/1/2022 08/8/2022, 2:00p.m. August 2022 September 2022 September 2022 VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals Proposals are due by 2:00 PM on August 8, 2022 to the following. Postmarks will not be accepted. Denice Bailey Project Engineer City of Seal Beach — Public Works Department 211 Eighth Street Seal Beach, CA 90740 dbailey(a)-sealbeachca.gov (562) 431-2527 ext. 1328 Please submit three (3) bound hard copies, and one (1) electronic copy of the Consultant's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Consultant. All property rights, including publication rights of all reports produced by the selected Consultant in connection with services performed under this Agreement shall be vested in the City. Information to be Submitted The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Understanding/Approach References Fee & Cost Proposal Exceptions Business Entity Contract Signatories Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Consultant's qualifications, including background and experience. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Consultants. Identify the individual(s) authorized to negotiate the contract on behalf of the Consultant's firm and the Consultant's project manager. Understanding/Approach: Describe the Consultant's understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Consultant will approach the scope of services and each task needed to complete the project. Any task assumptions and/or exclusions shall be clearly identified. References: Consultant should provide a minimum of three (3) references from public agencies the Consultant has performed work for within the last seven (7) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Consultant. • Project outcome • Construction and/or contract value • Dates • Client project manager name, valid telephone number, and email Fee & Cost Proposal: A Fee & Cost Proposal shall be submitted in a separate, sealed envelope and marked as "Tennis Center Improvement Project — Construction Management and Inspection Services Proposal". The information and detail included in the fee proposal shall conform to the provisions of Section VII - Fee Proposal, of this RFP. Please note that part of the evaluation criteria takes into consideration the responsiveness of a proposal; proposals missing the required components will be evaluated accordingly. Exceptions: The Consultant shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. FEE & COST PROPOSAL In preparing the Fee & Cost Proposal for this project, the Consultant shall take into consideration the following: 7 1. Unless specially noted, compensation for any services provided will be on a time -and -materials. 2. Fee and cost proposal, and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal. 3. The Consultant's standard, overtime, and double-timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any non -labor expenses and sub -Consultants. Any anticipated fee adjustments shall be clearly noted. 4. The City will negotiate the final fee with the top-ranking Consultant(s), if necessary. Vlll. INTERVIEW Top ranked Consultant team(s) may be interviewed by the selection committee. Proposed key personnel from the Consultant's team may be requested to present the teams' and their qualifications at an interview. IX. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. POTENTIAL EVALUATION' CRITERIA 1. Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. 2. Qualifications & Experience (40 points) a. Local Presence - A statement addressing firm's ability to effectively conduct the Work for the City based on the Firm's location. b. Relevant experience, specific qualifications, and technical expertise of the Consultant and sub -Consultants to perform the work. c. Quality of references - name of at least three (3) agencies the Consultant currently or have previously consulted for in the past seven (7) years. d Experience/knowledge of the California Building Code and various regulatory permitting 0 agencies. e. Familiarity with City standards and practices. 3. Organization & Approach (55 points) a. Consultant's understanding of requested Work and proposed scope of work. b. Consultant's project team and quality of key individuals. Availability and allocation of key individuals. c. Consultant's understanding of the nature of public sector work and its decision-making process. d. Proposed schedule and hours. Description of project management and cost control mechanism. 4. Conformity (5 points) a. Quality, clarity, and responsiveness to RFP. b. Conformity to the sample PSA. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Consultants should be aware that award may be made without Consultant visits, interviews, or further discussion or negotiations. X. GENERAL CONDITIONS A. Signature The Letter Proposal shall be signed by an individual authorized to bind the Consultant. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.sealbeachca.aov. 0 D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "it shall be mandatory for the Consultant to pay not less than the said prevailing rate of wages to all workers employed by the Consultant in the execution of this contract. The Consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no Consultant or Subconsultant shall be qualified to bid on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Consultant and each Subconsultant, if any, in the proposal. 10 Department of Public Works July 26, 2022 Addendum N O. 1 TENNIS CENTER IMPROVEMENT PROJECT — CONSTRUCTION MANAGEMENT & INSPECTION SERVICES RFP (CIP BG2105) Attention all Interested Parties: i The following clarifications, revisions, additions and/or deletions are hereby made a part of the request for proposal: I 1. The City will conduct a Tennis Center Improvement Project — Construction Management & Inspection Services RFP optional pre -proposal field meeting on Tuesday, August 2, 2022 at 10:OOa.m at the Project (3900 Lamuson Avenue Seal Beach, CA 90740). 2. The Tennis Center Improvement Project — Construction Management & Inspection Services pre -proposal question deadline will be revised to Thursday, August 4, 2022. 3. The Tennis Center Improvement Project — Construction Management & Inspection Services RFP response due date will be revised to Wednesday, August 10, 2022, 2:OOP.m. END OF ADDENDUM By order of the City of Seal Beach, City Engineer Date f Attachments None VJ. EXHIBIT A OF RFP DRAFT TENNIS CENTER IMPROVEMENT PROJECT PLANS CAN BE MADE AVAILABLE THROUGH THE PUBLIC WORKS DEPARTMENT. 11 jmmmw/rmm EXHIBIT B OF RFP SAMPLE PROFESSIONAL SERVICES AGREEMENT 12 �ralrr_nnrc_n I 11.1 r)RIA7IMMFRMAN '`�`� �� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/18/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NFP Properly & Casualty Services, Inc. 1551 North Tustin Avenue Suite 500 NAME CT Gloria Zimmerman HO (Atc,No, Ext): (714) 505-5550 (AIDC, No):(714) 975-8966 E-MAIL ADDRESSq INSURERS AFFORDING COVERAGE NAIC # Santa Ana, CA 92705 INSURER A: Travelers Property Casualty Company of America 25674 X INSURED Z & K Consultants, Inc. 22295 Jessamine Way INSURER B: California Automobile Insurance Company 38342 INSURER C • National Union Fire Insurance Company of Pittsburgh, PA 19445 INSURER D: Travelers Casualty and Surety Company of America 31194 INSURER E Corona, CA 92883 INSURER F : r, rRFVIRInfu NI IMRFR• LIWYGRMVGJ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILSR A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY ADDL IND SUER WVD POLICY NUMBER POLICY EFF M/DDr1' FIF POLICY EXP MMIDDIYYYY LIMITS EACH OCCURRENCE S 1,000,000 DAMAGEoc TO RENTED s 1 ,000,000 211 Eighth Street CLAIMS -MADE ❑X OCCUR X X 6802J978123 5/18/2022 5/18/2023 MED EXP (Any oneperson) S 5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: jE8--- [_—]LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 S HPOLICY OTHER: I B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident S BODILY INJURY Perperson) S X ANY AUTO X X BA040000073847 5/18/2022 5/18/2023 BODILY INJURY Peraccident 5 OWNED X SCHEDULED AUTOS ONLY AUTOSy/N X AUTOS ONLY X ATO ONLY PROPERTY DAMAGE Per acadent S S C X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE 11 EBU013780787 1 5/18/2022 1Prod 5/18/2023 EACH OCCURRENCE S 5'000'000 AGGREGATE $ 5,000,000 DED I X I RETENTIONS 0 Comp Ops $ 5,000,000 A D WORKERS COMPENSATION AND EMPLOYERS' LLABILITY Y/ NUB9K77696A ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatary in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E&O Aggregate $2M NIA X 0105963601 5118/2022 7/10/2022 5/18/2023 7/10/2023 X PTAT OERH 1,000,000 E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT S 1,000,000 Ded $0 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required City of Seal Beach Project #BG2105 - Tennis Center Improvement Project -Construction Management & Inspection &ervices City of Seal Beach, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials are named as additional insureds as respects operations of the named insured regarding General Liability including Primary & Non Contributory and Waiver of Subrogation as per endorsement CGD3810915; Business Auto additional insured, Waiver of Subrogation and Primary & NonContributory applies as per endorsement MCA85100817CA; Worker's Compensation Waiver of Subrogation applies as per endorsement WC990376. Umbrella coverage is follow form to all underlying coverage's shown on acord 25 with exception of Professional Liability/Erros & Omissions. All forms and endorsements attached. !`ANf Cl i ATI1"I1U ACORD 25 (2016103) v ,yoo-cu,e r�a,URv ..vRr.....,,,..,...,,, ..y...� The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Sea[ Beach -Public Works Department p ACCORDANCE WITH THE POLICY PROVISIONS. Att: Denice Bailey, Project Engineer 211 Eighth Street Seat Beach, CA 90740 I AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) v ,yoo-cu,e r�a,URv ..vRr.....,,,..,...,,, ..y...� The ACORD name and logo are registered marks of ACORD 6802,1978123 Z & K Consultants, Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in. a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury'; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For 'bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such 'bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any validand collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission DocuSign Envelope ID: 40631112-8648-4F72-ADE3-20BO60D124EO TRAVELERS Jam' ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - 001 POLICY NUMBER: UB-9K77696A-21-47-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR ENGINEERS WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 05/18/2021 Policy No. UB9K77696A Endorsement No. Insured Z & K Consultants, Inc. Premium Docuftned by: Insurance CompanyTravelers Prop & Cas Co of America Countersigned by LOZIA J 21MMEWAN DC380VSBE904FD... DATE OF ISSUE: 04-02-21 ST ASSIGN: Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR — DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO — COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2017 Mercury Insurance Services, LLC'. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6 BUSINESS AUTO COVERAGE FORM NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. III. AUTOMATIC ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss"'. If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to .its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: C. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: (1) 'The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost -of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the. "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss. XI. GLASS REPAIR — DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident.", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, S. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a .driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 XVIII. HIRED AUTO -COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is, leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V — DEFINITIONS, C. "Bodily Injury" is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6