HomeMy WebLinkAbout09 - CC-9 - Professional Traffic Engineering Service - 6/7/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 7, 2016 ITEM NUMBER: CC -9
SUBJECT: PROFESSIONAL TRAFFIC ENGINEERING SERVICES
DATE: MAY 12, 2016
FROM: PUBLIC SERVICES DEPARTMENT - TRANSPORTATION SERVICES DIVISION
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: RAJA SETHURAMAN, TRANSPORTATION SERVICES
MANAGER - (714) 754-5032
RECOMMENDATIONS:
1. Approve Professional Services Agreement in the amount of $120,000 to Kabbara
Engineering for traffic engineering services for an initial term expiring on June 30,
2017, and optional two (2) one-year extensions in the amount of $60,000 each year
(Attachment 1).
2. Authorize the Mayor and City Clerk to execute the agreement; and
3. Authorize the Chief Executive Officer and City Clerk to accept and execute future
amendments to the agreement.
BACKGROUND:
In February 2016, the Transportation Services Division issued a Request for Proposals
(RFP) for providing on-call traffic engineering services to assist with the significant backlog
of projects. The tasks requested in the scope of work included project management
services, and providing staff support at City Hall for traffic engineering services.
ANALYSIS:
The City received six (6) proposals in response to the City's RFP to provide the intended
engineering services. Proposals were reviewed for compliance with the City's RFP, and
consultants were evaluated based on project understanding, depth of experience,
technical expertise, and associated factors. Based on the proposals received, staff
selected Kabbara Engineering to provide the required services. Kabbara's staff worked
well with City staff in the past and assisted in the successful execution of several federally -
funded projects.
Staff requests City Council's approval of the Professional Services Agreement and
authorization for the Mayor and City Clerk to execute the agreement. Staff also requests
City Council's authorization for the Chief Executive Office and City Clerk to execute future
amendments to the agreement.
ALTERNATIVES CONSIDERED:
One alternative would be to perform the work in-house. However, the volume of work
associated with the large number of projects currently being processed exceeds staff
resources and time. A second alternative would be to re -advertise the professional
services contract. However, staff does not anticipate that this will result in a lower fee.
FISCAL REVIEW:
It is recommended that the initial contract of $120,000 utilize funds from the vacant full-
time salary position. Staff will request appropriation for future year extensions in the
corresponding fiscal year budgets, as needed.
LEGAL REVIEW:
The City Attorney's office has prepared the attached Professional Services Agreement and
approved the document as to form.
CONCLUSION:
Staff requests that the City Council approve the attached Professional Services Agreement
for traffic engineering services to Kabbara Engineering, and authorize the Mayor and the
City Clerk to execute the agreement. Staff also requests City Council's authorization for the
Chief Executive Officer and City Clerk to execute future amendments to the agreement.
ERNESTO MUNOZ
Public Services Director
RAJA SETHURAMAN
Transportation Services Manager
ATTACHMENTS: 1 - Professional Services Agreement
DISTRIBUTION: Chief Executive Officer
Assistant Chief Executive Officer
Economic & Dev. Svs. Director/Deputy CEO
City Clerk
Staff
File
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ATTACHMENT 1
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
KABBARA ENGINEERING
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered
into this 7th day of June, 2016 ("Effective Date"), by and between the CITY OF COSTA MESA, a
municipal corporation ("City"), and KABBARA ENGINEERING, a sole proprietorship
("Consultant").
WITNESSETH
WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to provide on-call professional traffic engineering consulting services, as more fully
described herein; and
WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
WHEREAS, City and Consultant desire to contract for the services described in Exhibit
"A" and desire to set forth their rights, duties and liabilities in connection with the services to be
performed; and
WHEREAS, no official or employee of City has a financial interest, within the provisions of
Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the services described in the City's
Request for Proposals (RFP), attached hereto as Exhibit A, and Consultant's Response to City's
RFP ("Consultant's Proposal"), attached hereto as Exhibit "B," both incorporated herein by this
reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work
will be done by the City's Chief Executive Officer ("City CEO") or his or her designee. If the quality
of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
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matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which may
be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in,
nor permit its agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status,
sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under this Section
shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit "C," attached hereto and made a part of this Agreement by this reference (the "Fee
Schedule"). Consultant's annual compensation shall not exceed One Hundred Twenty Thousand
Dollars and Zero Cents ($120,000.00). If the City elects to renew this Agreement, Consultant's
compensation for any renewed period shall not exceed Sixty Thousand Dollars and Zero Cents
($60,000.00).
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2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant's Proposal unless the City or
the Project Manager, prior to Consultant performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than two times a month. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction. City shall
pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail, the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The services to be performed pursuant
to this Agreement shall commence within five (5) days from the Effective Date of this Agreement.
Said services shall be completed pursuant to mutual agreement of the parties. Failure to
commence work in a timely manner and/or diligently pursue work to completion may be grounds
for termination of this Agreement.
3.2. Excusable Delays. Neither City or Consultant shall be responsible for delays or
lack of performance resulting from acts beyond the reasonable control of the parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue
through June 30, 2017 ("Initial Term"), unless previously terminated as provided herein or as
otherwise agreed to in writing by the parties. This Agreement may be renewed by two (2)
additional one (1) year periods upon mutual written agreement of both parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
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prorated based on the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents prepared
by Consultant in its performance of this Agreement including, but not limited to, finished or
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to the City within ten (10) days of delivery of termination notice to
Consultant, at no cost to City. Any use of uncompleted documents without specific written
authorization from Consultant shall be at City's sole risk and without liability or legal expense to
Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, rated
"A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by
City:
(a) Commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily injury
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or shall
be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers'
compensation insurance policy against the City, its officers, agents,
employees, and volunteers arising from work performed by Consultant for
the City and to require each of its subcontractors, if any, to do likewise
under their workers' compensation insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined single
limits, per occurrence and aggregate. Architects' and engineers' coverage
shall be endorsed to include contractual liability. If the policy is written as a
"claims made" policy, the retro date shall be prior to the start of the contract
work. Consultant shall obtain and maintain, said E&O liability insurance
during the life of this Agreement and for three years after completion of the
work hereunder.
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5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on
behalf of the Consultant pursuant to its contract with the City; products and
completed operations of the Consultant; premises owned, occupied or
used by the Consultant; automobiles owned, leased, hired, or borrowed by
the Consultant."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall
it be cancelled, nor the coverage or limits reduced, until thirty (30) days
after written notice is given to City."
(c) Other insurance: "The Consultant's insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
Costa Mesa shall be excess and not contributing with the insurance
provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self-insured retention to provide such coverage, the amount of such deductible or
self-insured retention shall be approved in advance by City. No policy of insurance issued as to
which the City is an additional insured shall contain a provision which requires that no insured
except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance
showing the insurance coverages and required endorsements described above, in a form and
content approved by City, prior to performing any services under this Agreement. The certificates
of insurance shall be attached hereto as Exhibit "D" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which Consultant may be
held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire understanding between
the parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
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exhibits to this Agreement.
6.2. Representatives. The City CEO or his designee shall be the representative of City
for purposes of this Agreement and may issue all consents, approvals, directives, renewals and/or
extensions, and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery or mail
and shall be addressed as set forth below. Such communication shall be deemed served or
delivered: a) at the time of delivery if such communication is sent by personal delivery; and b) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
Kabbara Engineering
121 North Harwood Street
Orange, CA 92866-1626
Tel: (714) 744-9400
Attn: Leah Kabbara
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 754-5017
Attn: Raja Sethuraman I Public Services
Courtesy Copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance I Purchasing
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"E" and incorporated herein by reference. Consultant's failure to conform to the requirements set
forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be
cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees and Costs. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the opposing
party all costs and expenses, including reasonable attorneys' fees and costs, incurred by the
prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of
any of the terms, conditions, or provisions hereof.
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6.7. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's
obligation to perform all other obligations to be performed by Consultant hereunder for the term
of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify,
hold free and harmless the City, its elected officials, officers, agents and employees, at
Consultant's sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the City, its elected officials, officers, agents and employees arising
out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the
work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall
apply without any advance showing of negligence or wrongdoing by the Consultant, its
employees, and/or authorized subcontractors, but shall be required whenever any claim, action,
complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the
Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action,
complaint or suit asserts liability against the City, its elected officials, officers, agents and
employees based upon the work performed by the Consultant, its employees, and/or authorized
subcontractors under this Agreement, whether or not the Consultant, its employees, and/or
authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification
of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful
misconduct of the City. This provision shall supersede and replace all other indemnity provisions
contained either in the City's specifications or Consultant's Proposal, which shall be of no force
and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time,
or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees due
to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
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this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City. Any
use of such documents for other projects not contemplated by this Agreement, and any use of
incomplete documents, shall be at the sole risk of City and without liability or legal exposure to
Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses,
and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports, documents,
information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes
or any other related items as requested by City or its authorized representative, at no additional
cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
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applicable to Consultant's services under this agreement, including, but not limited to, the Political
Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Consultant and its officers, employees, associates and
subconsultants shall not, without the prior written approval of the City Representative, perform
work for another person or entity for whom Consultant is not currently performing work that would
require Consultant or one of its officers, employees, associates or subconsultants to abstain from
a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard to
the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each Party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring
or disfavoring either Party by virtue of the authorship of any of the provisions of this Agreement.
6.23. Amendments and Modifications. Only a writing executed by the parties hereto, or
their respective successors and assigns, may amend this Agreement.
6.24. Waiver. The delay or failure of either Party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
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waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance. Notwithstanding the foregoing, if the value of this
Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired,
which determination made by the presiding court or arbitrator of competent jurisdiction shall be
binding, then parties agree to substitute such provision(s) through good faith negotiations.
6.26. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.27. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA
A municipal corporation
Mayor
CONSULTANT
••. -
,.A � -
Name • Title
33-0716651
Taxpayer ID Number
ATTEST:
City Clerk
10
Date:
Date:
Kabbara Engineering ( I
APPROVED AS TO FORM:
Date:
City Attorney
APPROVED AS TO INSURANCE:
Date:
Risk Management
DEPARTMENT APPROVAL:
Date:
Public Services Director
APPROVED AS TO PURCHASING:
Date:
Interim Finance Director
Kabbara Engineering
EXHIBIT A
REQUEST FOR PROPOSALS
12
Kabbara Engineering cl
February 18, 2016
CITY OF COSTA MESA
CALIFORNIA 9 26 28-1 200 P.O. BOX 1200
FROM THE OFFICE OF THE DIRECTOR, DEPARTMENT OF PUBLIC SERVICES
TO: TRAFFIC ENGINEERING CONSULTANTS
SUBJECT: REQUEST FOR PROPOSALS - TRAFFIC ENGINEERING SERVICES
Dear Consultant:
The City of Costa Mesa is seeking proposals from reputed traffic engineering firms for providing
on-call traffic engineering consultant services. The services required include project management
of current and future consultant contracts for transportation improvement projects, traffic signal
synchronization projects, and providing general support to the City's Transportation Services
Division in addressing neighborhood and other traffic issues. These are briefly discussed below:
Transportation Improvement Projects: The City has current design and right-of-way acquisition
contracts for transportation improvements at several intersections and roadway segments. The
selected consultant will manage the project activities towards their successful completion. Tasks
will include reviewing design plans and invoices, and preparing Measure M2 reimbursement
invoices and reports. In addition, the City has several federal Highway Safety Improvement
Program and Active Transportation Program projects. The consultant will be responsible for
preparation of the necessary federal forms on these projects and processing them through
Caltrans.
Traffic Signal Synchronization Projects: The City has several regional traffic signal
synchronization project underway. The selected consultant will manage the project activities
towards their successful completion. Tasks include reviewing traffic signal timing plans and
equipment details, and preparing Measure M2 reimbursement invoices and reports.
Active Transportation Coordinator: The City will also require the selected consultant to perform
the duties of Active Transportation Coordinator who will be responsible for conducting monthly
public meetings for the Council appointed "Bikeway and Walkability Committee." Additionally, the
consultant will be responsible for managing projects related to bicycle facilities within the City.
Neighborhood Traffic Issues: The selected consultant will be an extension to City staff in
providing a variety of traffic engineering services and addressing neighborhood issues. This will
require performing work at City Hall for certain hours on a weekly basis.
The City may select one or more consultants to provide the above services for a not -to -exceed fee
based on tasks agreed to by the City and Consultant.
Content of Proposal
The proposal will include, at a minimum, the following information:
• Interest letter and qualifications stating the areas of consultant's expertise
77 FAIR DRIVE
PHONE(714) 754-5343 • www.ci.costa-mesa.ca.us
I�
• Identification of individual(s) providing services with resumes
• Hourly rates for the individual(s) proposed
• Compliance with Professional Services Agreement requirements (see attached PSA)
Three (3) duplicate proposals should be submitted. Electronic submittal of proposals is also
acceptable. The consultant shall ensure that proposals are received in a timely manner prior to
the deadline. The City is not responsible for any delay issues with delivery of electronically
submitted proposals.
Contract Changes
Any change in the scope of work resulting in a contract increase or decrease in fee shall be
approved by the City in writing prior to commencement of actual change in work. No
consultant hourly fee adjustment will be allowed for a one-year period starting from the date of
contract acceptance. Future increases will not be approved; its approval is authorized
exclusively in writing by the City, without exception.
Right to Reject all Proposals
The City of Costa Mesa reserves the right to reject any or all proposals submitted, and no
representation is made hereby that any contract will be awarded pursuant to this request for
proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission
of additional information, and/or in any other aspect of a proposal prior to the award of a written
contract will be borne by the respondent. The City will provide only the staff assistance and
documentation specifically referred to herein and will not be responsible for any other cost or
obligation of any kind that may be incurred by a respondent. All proposals submitted to the City
of Costa Mesa in response to this request for proposals shall become the property of the City.
Enclosed is the City of Costa Mesa professional services standard agreement and sample
certificate of insurance for reference in preparing the proposal. The minimum insurance and
endorsement requirements are stated within the enclosed documents. Should your firm be
interested in submitting a proposal for this project, please forward to the City of Costa Mesa,
Transportation Services Division, 4t1 Floor, City Hall, on or before 5:00 p.m., March 4, 2016. If
additional information is required, please contact me at (714) 754-5032, or via email at
raia.sethuraman(a)costamesaca.gov.
Sincerely,
Raja Sethuraman
Transportation Services Manager
Attachment: 1 - Sample Professional Services Agreement
c Ernesto Munoz, Public Services Director
2
DN
EXHIBIT B
CONSULTANT'S PROPOSAL
13
Kabbara Engineering f
K A 8 8 A R
CIVIL ENGINEERING • LAND SURVEYING
March 4, 2016
City of Costa Mesa
Transportation Services Division
77 Fair Drive, 4' Floor
Costa Mesa, California 92628-1200
Attention: Mr. Raja Sethuraman, Transportation Services Manager
Subject: Proposal for On -Call Traffic Engineering Consulting Services
Dear Mr. Sethuraman:
Kabbara Engineering is pleased to present our Proposal for On -Call Professional Traffic
Engineering Consulting services in the City of Costa Mesa. Kabbara Engineering has extensive
experience providing staff augmentation services for municipal agencies throughout Southern
California for the last 25 years, and has a proven track record of providing highly qualified,
experienced and professional traffic engineering staff to the City of Costa Mesa since 2012.
Kabbara Engineering has the professional staff, qualifications and local experience required to
support the City of Costa Mesa, and is committed to meeting the City's needs as outlined in the
RFP for Traffic Engineering Services, and offers the following:
%y Staff o Professionals We understand that the City of Costa Mesa is seeking a professional
firm to provide staff support in order to help the Transportation Services Division with project
management and general support services for their traffic and transportation capital improvement
projects, neighborhood and other coordination issues. Our proposed team of professionals all
have more than 25 years of relevant experience and are registered Professional Civil Engineers
(PE) and Professional Traffic Engineers (TE), by the State of California. Full resumes of our
proposed key staff members are attached
N J
FILM
Sir._="..
s
Grant Anderson
Professional Civil Engineer, CA - RCE 34285
100%
38
Professional Traffic Engineer, CA - RTE 1193
BS, Civil Engineering, 1978, USC
Amir Farahani
Professional Civil Engineer, CA - RCE 54235
100%
29
Professional Traffic Engineer, CA - RTE 2363
BS, Civil Engineering, 1982, Cal State LA
Kabbara Engineering's highly qualified key staff will be supported by the Principal Engineer's in
our office, including Mr. Bill Kabbara, PE, PLS, and Ms. Leah Kabbara, PE, who each have
more than 30 years of professional municipal engineering management and design experience.
This Principal involvement will ensure that our team meets the highest levels of quality,
responsiveness, documentation, communication, oversight and coordination, as required by the
City of Costa Mesa.
121 NORTH HARWOOD STREET, ORANGE CALIFORNIA 92866-1626
(71 4) 744-9400 FAX (71 4) 744-9771
WWW.KA66ARA.NET zl�
City of Costa Mesa
Traffic Engineering Services Proposal
Page 2 of 3
Knowled,-e of Local Environment The Kabbara Engineering team has dedicated its services
strictly to public agencies since 1990, and has successfully completed the design and
management of over 400 local, state and federally funded street, traffic, transportation,
transit/multi-modal, pavement rehabilitation, lighting, water, sewer, storm drain, and other design
and rehabilitation projects for local public agencies in Los Angeles and Orange Counties. This
combination of past local experience coupled with our dedication to municipal service, produces
a project team that is thoroughly acquainted with the local environment and the needs of the City
of Costa Mesa. Our team is uniquely qualified to provide staff support services to the City
because our staff has a clear understanding of municipal procedures and are very familiar with
City, state and federal needs, policies and procedures.
Principal Involvement Kabbara Engineering is run by Principals who have over 60 years of
combined municipal engineering experience, and a stake and personal involvement in every
project undertaken. That involvement ensures that resources are prioritized for your project, and
that we produce a quality product that proceeds on a predictable schedule, is designed and
managed within budget, and experiences minimum construction change orders.
Relevant Experience Kabbara Engineering has extensive experience in the design and
management of transportation improvement projects, traffic signal synchronization projects, and
project design related to neighborhood traffic issues, including intersection widening
improvements, traffic signal modifications, traffic signal interconnect and sychronization, traffic
calming improvements, pedestrian & crosswalk studies and improvements, federal funding
compliance, management and processing and other management and plan check review services,
and we are confident that our team has the expertise to serve your specific needs and the
requirements of each as -needed services project. Our recent experience also includes preparation
and processing of the necessary encroachment permits as required by Caltrans for work within
their jurisdiction, and right-of-way, environmental documentation, and state and federal funding
authorizations, reports and invoices, as required by the federal government and administering
agencies, including Caltrans. Kabbara Engineering currently provides similar On-call Civil and
Traffic Engineering design services to the City of Irvine, City of Burbank, City of Mission Viejo,
City of Pico Rivera, City of Yorba Linda, City of La Mirada, City of Pomona, City of Downey,
City of Cudahy, and City of Orange. Additionally, we currently serve as District Engineer to the
Pico Water District and provide professional Traffic Engineering staffing services to the City of
Costa Mesa. Kabbara Engineering is also very familiar with federal and state funding compliance
requirements, and has successfully completed preparation and processing numerous federal
funding and grant applications, preliminary environmental studies (PES), E-76 packages, agency
invoicing, and coordination for numerous projects over the last 24 years, including those funded
by ISTEA, SR2S, HSIP, ARRA, STPL, Prop 42, Prop C, AHRP, ATP, CDBG, Tier 2, Measure
M, M2, special tax, and local funding programs. Kabbara Engineering is also very familiar with
the latest ADA compliance requirements, since we serve on the APWA Technical Committee for
Standards and Specifications. We have reviewed and fully understand the scope of services
outlined in the RFP, and are prepared to provide the City of Costa Mesa with the high quality,
Professional Traffic Engineering Services requested therewith.
121 NORTH HARW❑❑D STREET, ORANGE CALIFORNIA 92866-1626
(71 4) 744-9400 FAX (71 4) 744-9771
WWW.KABBARA.NET
City of Costa Mesa
Traffic Engineering Services Proposal
Page 3 of 3
Past Performance Record Kabbara Engineering has a proven, 25 -year track record of
successfully providing professional engineering staffing, plan check, design, management, survey
and consulting services to local agencies throughout Southern California, most of which are
repeat clients. We encourage the City of Costa Mesa to contact our references to confirm our
outstanding track record.
Competitive Rates Kabbara Engineering understands the budget constraints that local agencies
are often faced with. To that end, our proposed fees for projects are negotiable and our
references will attest to our willingness to work within any budget.
We believe that these strengths make Kabbara Engineering uniquely qualified to provide the City
of Costa Mesa with the requested Professional Traffic Engineering Services.
Kabbara Engineering is currently in compliance with the City of Costa Mesa's Professional
Services Agreement requirements, and a copy of our certificate of insurance is on file with the
City.
Thank you for this opportunity to be of service. We look forward to working with you and your
staff on upcoming projects. If you have any questions please contact me at (714) 744-9400,
extension 22, or email at leah(a,kabbaramet.
Sincerely,
KAB ARA N IN ERING
Leah Kabbara, PE
PRINCIPAL ENGINEER
Attachments:
Resume - Grant Anderson, PE, TE
Resume -Amir Farahani, PE, TE
121 NORTH HARW❑❑D STREET, ORANGE CALIFORNIA 92866-1626
(714) 744-9400 FAX (714) 744-9771 ow
WWW.KABBARA.NET
&C
Grant Anderson, P.E, T.E.
Traffic Division Manager
Acting as City staff, Mr. Anderson is responsible for the
investigation, preparation of reports and communication with other
City staff and other Agencies to complete a wide variety of
individual projects. He has extensive experience in acquiring and
obligating OCTA, State and Federal grant funds for City
transportation projects. He identifies potential grant funded projects,
develop preliminary project description and costs, prepare grant
applications and prepare subsequent reports to receive awarded
funds from funding programs such as OCTA Measure M2 CTFP
and Project V Transit, Highway Safety Improvement Program, Safe
Route to School and Active Transportation Program.
He has been responsible for traffic studies of intersections and
highway segments, traffic signals, preparing reports and
recommendations related to traffic/transportation problems, traffic
operations, and freeway and road development.
vi Previously, as Chief of Roadway Design and Chief Traffic Engineer
for the County of Orange (Retired - OCERS), Mr. Anderson has
supervised roadway design and civil engineers, traffic engineers and
technicians in traffic operations, traffic engineering, and short-range
transportation planning activities. He has represented Traffic
Engineering on various committees and commissions. He has
provided his technical expertise in consulting with a variety of
private and public agencies. Mr. Anderson's experience also
includes the following:
project Experience &Responsibilities:
Professional
Mr. Anderson has over 38 years of experience in traffic and civil
Registration:
engineering. As Traffic Division Manager at Kabbara Engineering,
Professional Civil
Mr. Anderson manages traffic engineering design, and performs
Engineer, State of
quality assurance duties for all transportation projects. From August
California - RCE
2010 to present, his duties also include the following staff
34285
augmentation duties for the City of Costa Mesa, Transportation
Services Department.
Professional Traffic
Engineer, State of
Duties include: Preparation of applications for Local, State and
California - RTE 1193
Federal transportation grant funds, including identification of project
and preliminary cost estimate and preparation of Requests for Funds
for completed project phases; preparation of Preliminary
Education.
Enviromnental Analysis for Federally funded projects; manage
1978 - University of
engineering consultant contracts; investigation and analysis of
Southern California
neighborhood traffic safety issues; review and analysis of
BS, Civil Engineering
development proposals.
Acting as City staff, Mr. Anderson is responsible for the
investigation, preparation of reports and communication with other
City staff and other Agencies to complete a wide variety of
individual projects. He has extensive experience in acquiring and
obligating OCTA, State and Federal grant funds for City
transportation projects. He identifies potential grant funded projects,
develop preliminary project description and costs, prepare grant
applications and prepare subsequent reports to receive awarded
funds from funding programs such as OCTA Measure M2 CTFP
and Project V Transit, Highway Safety Improvement Program, Safe
Route to School and Active Transportation Program.
He has been responsible for traffic studies of intersections and
highway segments, traffic signals, preparing reports and
recommendations related to traffic/transportation problems, traffic
operations, and freeway and road development.
vi Previously, as Chief of Roadway Design and Chief Traffic Engineer
for the County of Orange (Retired - OCERS), Mr. Anderson has
supervised roadway design and civil engineers, traffic engineers and
technicians in traffic operations, traffic engineering, and short-range
transportation planning activities. He has represented Traffic
Engineering on various committees and commissions. He has
provided his technical expertise in consulting with a variety of
private and public agencies. Mr. Anderson's experience also
includes the following:
GrantAnderson, P.E., T.E.
Traffic Division Manager
.Project Experience & Responsibilities:
Professional
Registration: COUNTY TRAFFIC ENGINEER — Orange County Public Works —
Professional Civil Traffic Engineering -Road Programs: May 2007 to August 2010:
Engineer, State of County of Orange, OCPW - Road Division, Santa Ana, California.
California - RCE Promotion to Engineering Supervisor managing the Traffic
34285 Engineering -Road Programs Section, May, 2007.
Professional Traffic
Duties included: Managed the activities of approximately 23
Engineer, State of
employees in 5 Units (Traffic Investigations, Signal Operations,
California - RTE 1193
Road Finance, Project Funding, and Project Administration) all
within the Traffic Engineering -Road Programs Section of the OC
Road Division.
Education:
1978 - University of
As the County Traffic Engineer I set policies, goals and
Southern California
priorities and managed staff to ensure that the highways within the
BS, Civil Engineering
unincorporated County of Orange were safe to travel under normal
operating conditions. I acted as Chairman of the Orange County
Traffic Committee as it considered issues of traffic safety within
unincorporated County roadways. I supervised and provided
direction to staff responsible for the design, operation and
maintenance of over 200 traffic signal systems within the
unincorporated County as well as within contract cities. I also
managed staff that investigated traffic safety concerns, performed
studies to address identified deficiencies and prepared improvement
plans to mitigate or correct deficiencies. I provided guidance and
training in the review of encroachment permits, project reports,
traffic control plans, signing and striping plans and street
improvement plans prepared by a Developer's engineer and also
various governmental agencies.
As the County's Road Program Manager, I oversaw staff
responsible for initial planning activities to develop road
improvement projects and prepare the County's Capital
Improvement Program. I coordinated with various County
departments and governmental agencies, including cities, OCTA
EEIRPP�� and Caltrans, as well as private consulting firms to identify possible
transportation projects for design and inclusion within the County's
multi-year transportation funding program. I supervised staff
responsible for identifying project funding requirements and
securing grant funds for the planning, design and construction of
road and bridge projects within unincorporated Orange County. In
this position I also prepared the annual Road budget to ensure
adequate funding was available for transportation -related projects.
June 2004 to July 2005: Road - Capital Projects Division:
Duties included: Responsible for managing the design of various
public works road improvement projects including the preparation
of Scopes of Work, negotiating contracts and overseeing the efforts
of private Architect -Engineer firms in the design of road
improvements. I provided peer review of various road improvement
plans and also reviewed applications for encroachment into County
roadways to evaluate potential impacts.
July 1997 to June 2004: Planning and Development Services
Department - Traffic Review:
Duties included: Supervised the daily activities of one Civil Engineer
and an Engineering Technician Specialist. I organized and planned
assignments and then established completion schedules. I managed a
section responsible for reviewing development proposals and
recommending conditions of approval to mitigate impacts. This
section was also responsible for reviewing improvement plans to
insure compliance with conditions of approval and County standards.
May 1988 - July 1997: Traffic Engineering:
Duties included: Chief of Traffic Engineering, Development Studies
Section. My position included supervising the activities of 5 engineers
and 4 technicians in the review and approval of development
proposals, site plans and tract maps, preparing development conditions
of approval, preparing plans and specification for highway traffic
improvements, conducting studies and preparing reports and
recommendations to address highway safety and capacity problems,
reviewing traffic control plans for work within County R/W, preparing
01a
GrantAnderson, P.E., T.E.
Traffic Division Manager
Project Experience & Responsibilities:
Professional
Registration:
SENIOR CIVIL ENGINEER: 1988 — 2007. County of Orange - Public
Professional Civil
Works, Santa Ana, California.
Engineer, State of
July 2005 to April 2007: Traffic Engineering:
California - RCE
Duties included: Supervised the daily activities of one to two Civil
34285
Engineers and six to seven Engineering Technicians in the Traffic
Operations Section. I was responsible for organizing and planning
Professional Traffic
assignments and establishing schedules for their completion, within
Engineer, State of
a section responsible for the traffic operations and traffic safety of
California -RTE 1193
County roadways. My section responsibilities included
investigating potential traffic safety issues, preparing minor
improvement plans to mitigate safety concerns, establishing speed
Education;
limits, maintaining existing traffic signals within the County and
1978 - University of
contract Cities, designing new traffic signals, reviewing traffic
Southern California
control plans for work within the County R/W, prepare traffic
BS, Civil Engineering
control plans for County improvement projects, maintaining records
of traffic volumes and accident records.
June 2004 to July 2005: Road - Capital Projects Division:
Duties included: Responsible for managing the design of various
public works road improvement projects including the preparation
of Scopes of Work, negotiating contracts and overseeing the efforts
of private Architect -Engineer firms in the design of road
improvements. I provided peer review of various road improvement
plans and also reviewed applications for encroachment into County
roadways to evaluate potential impacts.
July 1997 to June 2004: Planning and Development Services
Department - Traffic Review:
Duties included: Supervised the daily activities of one Civil Engineer
and an Engineering Technician Specialist. I organized and planned
assignments and then established completion schedules. I managed a
section responsible for reviewing development proposals and
recommending conditions of approval to mitigate impacts. This
section was also responsible for reviewing improvement plans to
insure compliance with conditions of approval and County standards.
May 1988 - July 1997: Traffic Engineering:
Duties included: Chief of Traffic Engineering, Development Studies
Section. My position included supervising the activities of 5 engineers
and 4 technicians in the review and approval of development
proposals, site plans and tract maps, preparing development conditions
of approval, preparing plans and specification for highway traffic
improvements, conducting studies and preparing reports and
recommendations to address highway safety and capacity problems,
reviewing traffic control plans for work within County R/W, preparing
01a
GrantAnderson, P.E., T.E.
Traffic Division Manager
Project Experience & Responsibilities:
Professional
development conditions of approval, preparing plans and
Registration;
specification for highway traffic improvements, conducting studies
Professional Civil
and preparing reports and recommendations to address highway
Engineer, State of
safety and capacity problems, reviewing traffic control plans for
California -RCE
work within County R/W, preparing traffic control plans for County
34285
improvement projects, interpreted and implemented County Policy
and Standards related to Traffic Engineering, and provided technical
Professional Traffic
Engineer, State of
expertise to other County Departments.
California -RTE 1193
CIVIL. ENGINEER: 1978 — 1988. County of Orange - Road Design
and Traffic Engineering Divisions and California Department of
Education:
1978 - University of
Transportation.
Duties included: ROAD DESIGN - Independently designed and
Southern California
prepared plans, specifications and cost estimates for construction of
BS, Civil Engineering
highway improvement projects. I conducted complex or specialized
studies and prepared reports and recommendations related to various
highway and flood control problems. I utilized computer technology
to aid in solving engineering problems, prepared scope-of-work,
administered contracts for engineering services and reviewed plans of
consulting engineering firms performing work for the County. I also
provided technical expertise and consulted with a variety of agencies
and the public. In this position I also provided project leadership and
trained lower level staff. TRAFFIC ENGINEERING - I conducted
traffic studies of intersection and arterial highway segments to improve
traffic flow and/or safety. I designed and prepared estimates and
specifications for traffic control devices portion of construction and
maintenance projects. I was in charge of investigating citizen and
inter-agency complaints and then preparing reports and
recommendations related to traffic and transportation problems. I also
reviewed and approved various plans submitted by County agencies,
cooperative projects and private developers. TRAFFIC OPERATIONS
— field investigation, design, cost evaluation. CONSTRUCTION - field
inspection of major construction projects, quantity calculations,
estimating. SURVEY - instrumentman, chainman, prepare survey
notes. PROJECT DEVELOPMENT - prepared plans for a new
freeway through major cities, quantity calculations, cost estimating,
drafting.
& CALIFORNIA LICENSES FOR
Amir Farahan% P.E., T.E.
Senior Traffic Engineer
Project Experience &Responsibilities:
Professional Mr. Farahani has over 29 years of experience in traffic and civil
Registration: engineering. As Former City Traffic Engineer for the City of
Professional Civil Orange (retired) and Senior Traffic Engineer at Kabbara
Engineer, State of Engineering, Mr. Farahan provides on-call professional traffic
California - RCE engineering services to Kabbara Engineering municipal clients. Mr.
54235 Farahan also manages traffic signal engineering design, plan check
services and traffic engineering support.
Professional Traffic
Engineer, State of Duties include:
California - RTE 2363 January 15, 2015 - June 2015 City of Orange
City Traffic Engineer -Part Time
Education: November 16, 2007 - December 30, 2014 City of Orange
1982 - California State Manager -Transportation Services/City Traffic Engineer
University, Los Angeles
BS, Civil Engineering Plan, manage and oversee the daily functions, operation and
activities of Traffic and Transportation Division of the City of
Orange, including Traffic Management Center (TMC), traffic signal
timing, operation and maintenance, review of residential and
commercial developments; and responsible for leading the Traffic
Operation and Transportation Planning team.
Manage and participate in the development and implementation of
goals, objectives, policies and prioritize for the division; recommend
within departmental policy and appropriate service and staffing
levels.
Oversee and participate in the development and administration of
the operation and capital improvement division annual budget;
participate in the forecast.of funds needed for staffing, equipment,
materials, and supplies; monitor and approve expenditures;
implement adjustments
Attend and participate as City Traffic Engineer at City Council,
Commissions, committees and other agency meetings as required.
Prepare and present technical information, analysis and
recommendations.
Oversee the development of consultant requests for proposal for
professional and/or construction services and the advertising and bid
processes; evaluate proposals and recommend project award;
administer contracts after award.
Collaborate with other City departments, Police, Fire, Caltrans,
OCTA and other outside agencies to plan, implement and complete
projects and initiatives to improve traffic safety and mobility around
the City.
Amir Farahani, P.E., T.E.
Senior Traffic Engineer
Project Experience &Responsibilities:
Professional Identify outside funding sources for City Traffic and Transportation
Registration: programs; direct or prepare funding applications.
Professional Civil
Engineer, State of Respond to traffic and transportation related resident and commuters
California - RCE inquiries and requests.
54235
Oversee traffic signal plans preparation and coordination programs;
Professional Traffic develops and approves traffic engineering standards and policies for
Engineer, State of the City.
California - RTE 2363
Apply funding, oversee plans preparation and manage various
modes of transportation projects including bikeways (Class I -
off-street bike path, Class H- on -street striped/signed bike lane,
Class III - on -street signed bike route and bike lockers).
Mange the City of Orange Residential Neighborhood Traffic
Management Program. The program is a method of traffic calming
techniques to be used in residential communities to mitigate
problems associated with excessive speed and/or "cut through"
traffic.
Manage and evaluate the resident's applications for the City's
Neighborhood Parking Permit Program. Process them through the
City Traffic Commission and ultimately the City Council for final
approval/denial. The program is to mitigate the intrusion of
college -oriented or other long-term vehicular parking on streets in
residential areas to assure that local residents and their guests have
convenient parking on streets in proximity to their homes shall be
referred to as the Neighborhood Parking Permit Program.
Reviews and analyzes studies, environmental impact reports,
proposals, and negotiations with other agencies to secure projects
Education:
and policies favorable to the City.
1982 - California State
U n i v e r s i t y, Los
Coordinate with neighboring agencies to apply for Regional Traffic
Angeles
Signal Synchronization Programs projects. Actively manage the
BS, Civil Engineering
selected projects and make sure the final project improves the
corridor's traffic flow, minimizes delay and capture all associated
benefits of the program. In the process of the project
implementation, I reviewed the traffic signal plans and made sure it
complies with the City's standard traffic signal timing parameters
and appropriate equipment; worked closely with OCTA throughout
the project including the reimbursement phase of the project. The
lists of corridors are: Tustin Street, Chapman Avenue, Katella
Avenue, Main Street, Ball Road/Taft Avenue, Lincoln Avenue, The
City Drive/State College and Newport Blvd.
Apply funding, oversee plans preparation and manage various
modes of transportation projects including bikeways (Class I -
off-street bike path, Class H- on -street striped/signed bike lane,
Class III - on -street signed bike route and bike lockers).
Mange the City of Orange Residential Neighborhood Traffic
Management Program. The program is a method of traffic calming
techniques to be used in residential communities to mitigate
problems associated with excessive speed and/or "cut through"
traffic.
Manage and evaluate the resident's applications for the City's
Neighborhood Parking Permit Program. Process them through the
City Traffic Commission and ultimately the City Council for final
approval/denial. The program is to mitigate the intrusion of
college -oriented or other long-term vehicular parking on streets in
residential areas to assure that local residents and their guests have
convenient parking on streets in proximity to their homes shall be
referred to as the Neighborhood Parking Permit Program.
Amir Farahani, P.E., T.E.
Senior Traffic Engineer
Review and prepare transportation and traffic engineering studies;
prepare requests for proposals; review environmental impact
reports; review transportation models.
Performs project management for the design and construction of
Capital Improvement Projects for City Departments including
Public Works, Community Services, Economic Development and
Fire.
Ensures conformance with state, federal, and local standards and
procedures in carrying out projects.
Prepares and applies for project funding from federal, state, and
utility grant programs including Highway Bridges Rehabilitation
and Replacement (HBRR), Arterial Highway Rehabilitation
Program (AHRP), Safe Route to Schools (SR2S/SRTS), Highway
Safety Improvement Program (HSIP), Transportation Enhancement
4 Activities (TEA), Orange County Sanitation District Cooperative
Projects, State -Local Transportation Partnership Program (SLTPP),
Community Development Block Grant (CDBG), City Engineers
Flood Control Advisory Committee (CEFCAC)
Interacts and communicates with the public, City management and
departments, contractors, consultants, and other governmental
agencies to resolve issues.
Project Experience &Responsibilities:
Professional
January 19, 1987 - November 16, 2007 City of Orange
Registration:
Senior Civil Engineer (02/05/06), Associate Civil Engineer
Professional Civil
(01/01/96), Assistant
Engineer, State of
Civil Engineer (05/06/90), Engineering Tech. H (01/19/87):
California - RCE
54235
Plan, prioritize, assign, supervise, review and participate in the work
of staff responsible for providing traffic engineering services within
Professional Traffic
the assigned section.
Engineer, State of
California - RTE 2363
Develops and prepares construction plans, specifications, and
estimates for various in-house design projects including traffic,
streets, sewers, and storm drains.
Education:
1982 - California State
Participate in the selection of engineering staff; provide or
University, Los Angeles
coordinate staff training; work with employees to correct
BS, Civil Engineering
deficiencies; implement discipline procedures.
Review and prepare transportation and traffic engineering studies;
prepare requests for proposals; review environmental impact
reports; review transportation models.
Performs project management for the design and construction of
Capital Improvement Projects for City Departments including
Public Works, Community Services, Economic Development and
Fire.
Ensures conformance with state, federal, and local standards and
procedures in carrying out projects.
Prepares and applies for project funding from federal, state, and
utility grant programs including Highway Bridges Rehabilitation
and Replacement (HBRR), Arterial Highway Rehabilitation
Program (AHRP), Safe Route to Schools (SR2S/SRTS), Highway
Safety Improvement Program (HSIP), Transportation Enhancement
4 Activities (TEA), Orange County Sanitation District Cooperative
Projects, State -Local Transportation Partnership Program (SLTPP),
Community Development Block Grant (CDBG), City Engineers
Flood Control Advisory Committee (CEFCAC)
Interacts and communicates with the public, City management and
departments, contractors, consultants, and other governmental
agencies to resolve issues.
EXHIBIT C
FEE SCHEDULE
14
Kabbara Engineering 3
CIVIL ENGINEERING • LAND SURVEYING
March 4, 2016
City of Costa Mesa
Transportation Services Division
77 Fair Drive, 4' Floor
Costa Mesa, California 92628-1200
Attention: Mr. Raja Sethuraman, Transportation Services Manager
Subject: Proposal for On -Call Traffic Engineering .Services 2016
Dear Mr. Sethuraman:
Kabbara Engineering is pleased to offer the requested On -Call Professional Traffic Engineering
Services. Attached herewith for your review and consideration is our hourly rate fee proposal for
the reauested On -Call Professional Traffic Engineering Services as ionows:
Thank you for the opportunity to be of service to the City. We look forward to working with you
and your staff again this year. If you have any questions please contact me at (714) 744-9400,
extension 22, or email at leah@kabbara.net.
Sincerely,
KABBARA ENGINEERING
Leah Kabbara, P.E.
PRINCIPAL ENGINEER
1 21 NORTH HARWO❑D STREET, ORANGE CALIFORNIA 92B66-1626(#'
TEL (71 4) 744-9400 FAX (71 4) 744-9771
WWW.KABBARA.NET
EXHIBIT D
CERTIFICATES OF INSURANCE
15
Kabbara Engineering
A� ® CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/Y)
5/11/20162016
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 g
Risk Strate les Company
2040 Main Street, Suite 450
CONTNAME:ACT
Risk Strategies Company
PHONE 949-242-9240 AIC No:
Irvine, CA 92614
E-MAADDRESS: S oun risk-strate ies.com
INSURERS AFFORDING COVERAGE NAIC #
MED EXP (Anyone person) $ $5,000
INSURER A: Citizens Insurance Co. of America 31534
www.risk-strategies.com CA DOI License No. OF06675
INSURED
Kabbara Engineering
121 N. Harwood St.
INSURER B: Hanover American Insurance Co. 36064
INSURER C: Travelers Casualty & Surety Company of America 31194
INSURERD:
Orange CA 92866-1628
GENERALAGGREGATE $ $4,000,000
INSURER _1.
INSURER F:
nc�u ur u�000.
COVERAGES lal[IIrII.AIC rvualD�rc. tyoorovo — THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I
LTR
A
TYPE OF INSURANCE
`/ COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE F'_/1 OCCUR
ADDL
✓
SUBR
POLICY NUMBER
OB39087287
POLICY EFF
MMIDD
6/1/2016
POLICY EXP
MMIDD
6/1/2017
LIMITS
EACH OCCURRENCE $ $2,000,000
DAMAG TO ENTED
PREMISES Ea occurrence $ $1,000,000
MED EXP (Anyone person) $ $5,000
PERSONAL & ADV INJURY $ $2,000,000
GENERALAGGREGATE $ $4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
_
POLICYF, PRO ❑ LOC
JECT
PRODUCTS-COMPIOP AGG $ $4,000,000
A
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OB39087287
6/1/2016
6/1/2017
EOM�BBIIIaEeDtSINGLELIMIT $ $2000000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
OWNEDSCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
✓ AUTOS ONLY ✓ AUTOS ONLY
PROPERTYDAMAGE
Per accident)$
UMBRELLA UAB
OCCUR
EACH OCCURRENCE $
AGGREGATE $
EXCESS LIAB
CLAIMS -MADE
B
DED I I RETENTION $
WORKERS COMPENSATION
WZ39117321
6/1/2016
6/1/2017
�/ STATUTE ERH
E.L. EACH ACCIDENT $ $1,000,000
C
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Professional Liability
NIA
106140980
8/3/2014
8/3/2016
E.L. DISEASE- EA EMPLOYEE $ $1 000.000
E.L. DISEASE- POLICY LIMIT $ $1 ,000,000
Per Claim: $2,000,000
Aggregate: $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
Projects as on file With the insured including but not limited to On -Call Traffic Engineering Services. The City of Costa Mesa, its elected and
appointed boards, officers, agents and employees are named as additional insureds and primary/non-contributory clause applies to the general liability
policy -see attached endorsement.
It
City of Costa Mesa
Public Services/Transportation Services
Attn: Mr. Raja Sethuraman
77 Fair Dr., 4th FI.
Costa Mesa CA 92628
ACORD 25 (2016/03)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Michael Christian
� I— nnwe A—M nnoDADATInIU All rinhtc racarvpd
The ACORD name and logo are registered marks of ACORD
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3
POLICY NO.:OB39087287 INSURED: Kabbara Engineering
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
I. Additional Insured by Contract, Agreement or
Permit
Under SECTION 11 — LIABILITY, C. Who Is An
Insured, Paragraph 4. is added as follows:
a. Any person or organization for whom you are
performing operations when you and such person
or organization have agreed in writing in a
contract, agreement or permit that such person or
organization be added as an additional insured
on your policy. Such person or organization is an
additional insured only with respect to liability for
"bodily injury", "property damage" or "personal
and advertising injury' caused, in whole or in
part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on
your behalf,
but only with respect to:
(3) "Your work" for the additional insured(s) at
the location designated in the contract,
agreement or permit; or
(4) Premises you own, rent, lease, control or
occupy.
This insurance applies on a primary basis if that
is required by the written contract, agreement or
permit.
b. This provision does not apply:
(1) Unless the written contract or written
agreement has been executed or permit has
been issued prior to the "bodily injury",
"property damage" or "personal and
advertising injury';
(2) To any person or organization included as
an insured by an endorsement issued by us
and made part of this Policy;
(3) To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the "bodily injury", "property damage"
or "personal and advertising injury"
arises out of the sole negligence of the
lessor;
(4) To any:
(a) Owners or other interests from whom
land has been leased which takes place
after the lease for that land expires; or
(b) Managers or lessors of premises if:
(1) The occurrence takes place after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage" or "personal and
advertising injury" arises out of
structural alterations, new
construction or demolition
operations performed by or on
behalf of the manager or lessor; or
(5) To "bodily injury", "property damage" or
"personal and advertising injury" arising out
of the rendering of or the failure to render
any professional services. This includes but
is not limited to any professional services as
an architect or engineer arising out of any
construction agreement or activities under
which any insured or anyone acting on any
insured's behalf provides or provided
service, advice, expertise or work.
Construction includes, but is not limited to,
the plan, conception, design, build,
construct, assembly, development, safety,
erection, formation, reconstruct,
rehabilitation, repair, or any improvement
made to real property. Construction also
includes the hiring, supervision or
management of any of these activities.
However, this exclusion does not apply to
liability arising out of an insured's presence
at a jobsite that was not caused by
professional activities listed in the above
paragraph.
c. Additional insured coverage provided by this
provision will not be broader than coverage
provided to any other insured.
d. All other insuring agreements, exclusions, and
conditions of the policy apply.
II. Additional Insured by Contract, Agreement or
Permit — Primary and Non-contributory
The following is added to SECTION III — COMMON
POLICY CONDITIONS:
M. Other Insurance
1. Additional Insureds
If you agree in a written contract, written
agreement or permit that the insurance
provided to any person or organization
included as an Additional Insured under
SECTION II - LIABILITY, Part C — Who is
An Insured, is primary and non-contributory,
the following applies:
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3
If other valid and collectible insurance is
When this insurance is excess, we will have
available to the Additional Insured for a loss
no duty under SECTION II — LIABILITY,
we cover under SECTION II — LIABILITY,
Part A. Coverages, 1. Business Liability to
Part A. Coverages, Paragraph 1., Business
defend the insured against any "suit" if any
Liability our obligations are limited as
other insurer has a duty to defend the
follows:
insured against that "suit". If no other insurer
a. Primary Insurance
defends, we will undertake to do so, but we
will be entitled to the insured's rights against
This insurance is primary to other
all those other insurers.
insurance that is available to the
When this insurance is excess over other
Additional Insured which covers the
insurance, we will pay only our share of the
Additional Insured as a Named Insured.
amount of the loss, if any, that exceeds the
We will not seek contribution from any
sum of:
other insurance available to the
(1) The total amount that all such other
Additional Insured except:
insurance would pay for the loss in the
(1) For the sole negligence of the
absence of this insurance; and
Additional Insured;
(2) The total of all deductible and self-
(2) When the Additional Insured is an
insured amounts under all that other
Additional Insured under another
primary liability policy; or
insurance.
(3) When b.(2) below applies.
We will share the remaining loss, if any, with
any other insurance that is not described in
If this insurance is primary, our
this Excess Insurance provision and was not
obligations are not affected unless
bought specifically to apply in excess of the
any of the other insurance is also
Limits of Insurance shown in the
primary. Then, we will share with all
Declarations of this Coverage Part.
that other insurance by the method
described in b.(3) below.
C. Method Of Sharing
b. Excess Insurance
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
This insurance is excess over:
Under this approach each insurer contributes
(1) Any of the other insurance, whether
equal amounts until it has paid its applicable limit
primary, excess, contingent or on
of insurance or none of the loss remains,
any other basis:
whichever comes first.
(a) That is Fire, Extended
If any of the other insurance does not permit
Coverage, Builder's Risk,
contribution by equal shares, we will contribute
Installation Risk or similar
by limits. Under this method, each insurer's share
coverage for "your work";
is based on the ratio of its applicable limit of
(b) That is Fire insurance for
insurance to the total applicable limits of
premises rented to the
insurance of all insurers.
Additional Insured or
III. Aggregate Limit of Insurance (Per Project)
temporarily occupied by the
a. For purposes of the coverage provided by this
Additional Insured with
endorsement, D. Liability and Medical
permission of the owner;
Expenses Limits of Insurance under Section II
(c) That is insurance purchased by
— Liability is amended by adding the following:
the Additional Insured to cover
The General Aggregate Limit under D. Liability
the Additional Insured's liability
and Medical Expenses Limits of Insurance
as a tenant for "property
applies separately to each of "your projects" or
damage" to premises rented to
each location listed in the Declarations.
the Additional Insured or
temporarily occupied by the
b. For purposes of the coverage provided by this
Additional Insured with
endorsement F. Liability And Medical
permission of the owner; or
Expenses Definitions under Section II -
Liability is amended by adding the following:
(d) If the loss arises out of the
maintenance or use of aircraft,
a. "Your project" means:
"autos" or watercraft to the
I. Any premises, site or location at, on, or
extent not subject to Exclusion
in which "your work" is not yet
g. of SECTION II — LIABILITY,
completed; and
Part A. Coverages, 1.
ii. Does not include any location listed in
Business Liability.
the Declarations.
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IV. Blanket Waiver of Subrogation
Paragraph K. Transfer Of Rights Of Recovery
Against Others To Us in Section III — Common Policy
Conditions is amended by the addition of the following:
We will waive any right of recovery we may have
against any person or organization when you have
agreed in a written contract, permit or agreement to
waive any rights of recovery against such person or
organization because of payments we make for injury or
damage arising out of your ongoing operations or "your
work" done under a contract with that person or
organization and included in the "products -completed
operations hazard".
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EXHIBIT E
CITY COUNCIL POLICY 100-5
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and
other activities in support of a drug-free community. This policy is intended to extend that effort
to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the
workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
16
Kabbara Engineering 30
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
b. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation occurring
in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such
conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health agency, law enforcement, or other appropriate agency;
17
Kabbara Engineering `/
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a contractor and/or
sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision recommending
against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee
shall be eligible for compensation as provided by law.
18
Kabbara Engineering 3