Recommendations will be forwarded to the City Council for final selection and award.
Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may be given no further consideration.
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
• Evidence of collusion, directly or indirectly, among consultants with regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff; • Existence of any lawsuit, unresolved contractual claim or dispute between Consultant and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Consultant’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
• Consultant’s default under any agreement, which results in termination of the Agreement.
Each proposal would be considered along with those of other responding Consultants, with respect to ability to perform effectively and efficiently those Scope of Services outlined above.
The successful Consultant shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.
Close coordination with the City is required to ensure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice . Further, the City makes no representations that any Agreement would be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
167Exhibit 2
EXHIBIT “A”
SAMPLE PROFESSIONAL SERVICES AGREEMENT
168Exhibit 2
1 2024
PROFESSIONAL SERVICES AGREEMENT
(Engagement: INSERT ENGAGEMENT)
(Parties: ENTER PARTY and City of Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2024 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties. ” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional consulting services INSERT PROFESSIONAL SERVICES REQUIRED; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently pr ovide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “ INSERT TITLE” (hereinafter, “CITY RFP”) dated INSERT DATE, and the written proposal of CONSULTANT entitl ed “INSERT TITLE” (hereinafter, the “CONSULTANT Proposal”) dated INSERT DATE . The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to t he CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the docume nt entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or 169Exhibit 2
2 inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.2 PROSECUTION OF WORK:
A. Time is of the essence of th is Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY’s issuance of a Notice to Proceed. CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before INSERT COMPLETION DATE (the “Completion Date”); B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT ” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the pe rformance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT WRITTEN AMOUNT ($INSERT NUMBER) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement , unless such added expe nditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s pe rformance pending CITY approval of any anticipated expenditures in excess of the Not -to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT ’s compensation is a function of hours work ed by CONSULTANT ’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will 170Exhibit 2
3 notify CONSULTANT in writing of any dispute d amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom a nd to inspect all program data, documents, proceedings, and activities.
1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepa red or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE : The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “ City Representative”) to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.
CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE , to act as its representative for the performance of this Agreement (hereinafter, “ Consultant Representative”).
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS :
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City 171Exhibit 2
4 Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES : CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all W ork skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of int erest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, 172Exhibit 2
5 contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, c ompetently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absen ce of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL : CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. I n the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar o r different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such serv ices does not result in the unauthorized disclosure of 173Exhibit 2
6 CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS : If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH L AWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
174Exhibit 2
7 III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insuran ce coverage, at its own expense:
A. Commercial General Liability Insurance : CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent . Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insur ance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($ 1,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occu pational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS : The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING : All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from 175Exhibit 2
8 insurers who, according to the latest edition of the Best ’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor ’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer ’s Liability Insuranc e, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All polic ies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self -insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, s ubcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE : CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well -being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE : In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immedi ately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay pre mium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experi ence, insurer, coverage, or other special circumstances.
176Exhibit 2
9 IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance o f this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY wou ld not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein .
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above ind emnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be re stricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the C ity Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the C ity Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement , or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees 177Exhibit 2
10 to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, offi cers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwi se wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE : CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination . Upon such termination for convenience , CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the P arty alleging an Event of Default will give written notice to 178Exhibit 2
11 the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and dil igently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any inf ormation and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 (B)(i) that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issu ance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has co mmenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT ’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligat ions under this Agreement within the specified time or if no time is speci fied, within a reasonable time; (iii) CONSULTANT’s and/or its employees ’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) 179Exhibit 2
12 the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT ’s issuance of a Default Notice, unless the Event of Default cannot r easonably be cured within the 45 -day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1. 4, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to su spend CONSULTANT ’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspen d this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach .
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligation s imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
180Exhibit 2
13 ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT ’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual ri ghts by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate a ny Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY : All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or ret ain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in 181Exhibit 2
14 writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT : CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California Fals e Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
INSERT CONSULTANT NAME
INSERT ADDRESS
Attn: INSERT PERSON OF
CONTACT NAME
Phone: INSERT PHONE NUMBER
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: INSERT DEPARTMENT
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS : The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to ach ieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all 182Exhibit 2
15 provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE : This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS : This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT : This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
183Exhibit 2
16 6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and sig ned by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS : In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT : This Agreement, including all attached exhibits , constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unfor eseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall a scertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall b e final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be 184Exhibit 2
17 valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY. (SIGNATURES ON NEXT PAGE)
185Exhibit 2
18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Stephanie Vasquez, City Attorney
CONSULTANT NAME:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
186Exhibit 2
19 SAMPLE
PROFESSIONAL SERVICES AGREEMENT
EXHIBIT “A” CITY RFP
187Exhibit 2
19 SAMPLE
PROFESSIONAL SERVICES AGREEMENT
EXHIBIT “B” CONSULTANT BID
188Exhibit 2
19 EXHIBIT “B”
CALTRANS AGREEMENT, ITEM NO. 33
189Exhibit 2
ITEM NO. 33 FROM CALTRANS RESTRICTED GRANT AGREEMENT
190Exhibit 2
191Exhibit 2
192Exhibit 2
193Exhibit 2
20 EXHIBIT “B”
CONSULTANT PROPOSAL
194Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community
Specific Plan and Zoning Code Update
City of
BELL
GARDENS
Prepared by:
REVISED 7.25.24195Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
i
1. Transmittal Letter
RE: Proposal for The Bell Gardens Transit-Oriented Community (TOC) Specific Plan and Zoning Code Update Dear Mr. Steven Jones and Members of the Selection Committee:
Kimley-Horn is pleased to submit our proposal to work with the Bell Gardens community to embark upon this exciting TOC-driven transformation of Downtown Bell Gardens. The City of Bell Gardens has a unique opportunity to take advantage of major regional transit corridors, including the Southeast Gateway Transit Corridor, Los Angeles River Trail, and other planned transit corridors to realize a walkable, safe, thriving, and livable community anchored by a range of affordable housing options. Kimley-Horn is a national leader in catalyzing transit-oriented communities by closely integrating transit and first-last mile investments with creative land use strategies. We prepare active transportation plans, we design and build complete street and bicycle and pedestrian improvements, we plan for new bus rapid transit and light rail corridors, and we work with cities and developers to envision and realize transit-oriented development projects. Our Los Angeles-based team has prepared Specific Plans for clients throughout Southern California that have catalyzed several hundred million dollars in new transit-oriented development projects with a mix of market rate and affordable housing investments. With this visionary, but practical and implementation-focused mindset, we will work with the Bell Gardens community to improve safety, housing affordability, access to amenities, and improve livability through the revitalization of Downtown.
Below are four key components of our approach for the Bell Gardens TOC Specific Plan and Zoning Code Update:
Closely integrate land use and first/last mile improvements.
Project Manager Adam Maleitzke, AICP is a leader in realizing transit-oriented communities in Southern California and beyond.
He has led TOC studies including the SCAG High Quality Transit Area Analysis project, working with communities throughout Southern California to plan for active transportation improvements and envision higher-density, mixed-use housing projects. He has also worked with developers on TOD joint development projects at transit stations and understands how to identify and address the barriers to implementing transit-oriented communities, including LA Metro’s District NoHo TOC joint development project. He will work with Bell Gardens staff and the community to:
i. educate the community about the benefits of TOCs,
ii. facilitate an equity-focused process to invite residents and businesses to shape the vision plan, and iii. lead the development of an implementation-focused Specific Plan that will enable the City to pursue near-term grant funding opportunities and work with the development community to invest in TOC opportunity sites.
To the scope, we have added a Developer Roundtable, where we will invite market rate and affordable housing developers to help the City identify physical and market constraints for select TOC opportunity sites and make recommendations for how to best position the sites for redevelopment. Kimley-Horn has extensive relationships with major housing developers in Southern California and will invite developers to participate. The roundtable will help Bell Gardens to market TOC opportunity sites and accelerate the revitalization of Downtown Bell Gardens.
Utilize best practices for equity-focused community engagement.
Kimley-Horn’s Equitable Outreach lead Monica Villalobos, a national leader in planning for equitable communities, has led first-last mile plans for LA Metro, including the Vermont Transit Corridor Equity Data Collection & Ground Truthing and TOC project, Metro Rail to Rail Active Transportation Project, and the Eastside Phase 2 Transit Corridor First/Last Mile Analysis. A native of East Los Angeles, Ms. Villalobos will integrate data-driven decision-making tools and research with a robust public involvement program that will involve a wide range of in-person and virtual engagement activities. She will be joined by Tatiana Lundstrom, P .E., who has led creative public engagement programs for projects such as the Bakersfield Active Transportation Plan, where Kimley-Horn recently facilitated a “Bike Rodeo” that was attended by over five hundred community members of a variety of ages and abilities.
Steven Jones
City Planner | City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
TO
FROM
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
TEL 213.261.4040
DATE
May 28
2024
196Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
ii
Envision first/last mile projects through data-drive decision making.
Darryl DePencier, AICP , GISP , RSP2B, is Kimley-Horn’s Los Angeles-based transportation safety expert and will serve as first/ last mile planning lead. Mr. DePencier has prepared Vision Zero plans, Safety Action Plans, and active transportation plans for clients throughout Los Angeles and will utilize Kimley-Horn’s vast library of mobility datasets to determine the scope and impact of pedestrian and bicyclist improvement projects recommended for the Specific Plan. To guide the visioning process, we will use Kimley-Horn’s proprietary Access2Opportunity scenario planning tool, which will allow the community to understand, in real time, the impact of a variety of potential transportation investments on equity outcomes, including access to jobs, grocery stores, and retail amenities through walking, cycling, and transit. A metrics score card will enable Bell Gardens staff to quantify and measure the impact of first-last mile improvements on a range of outcomes as improvement projects are realized.
Prepare an implementation-focused Specific Plan that yields near-term results.
Our Specific Plans are strategic, grounded in real-world and on-the-ground conditions, and provide clients with a clear roadmap for how to design, seek funding for, and implement first/last mile and TOC projects that directly benefit residents and businesses.
The Specific Plan preparation will be led by Xiaofan Li, who, with Principal-in-Charge Elizabeth Cobb, and Strategic Advisor Dave Barquist, AICP , have prepared hundreds of Specific Plans, housing elements, and rezoning plans for clients in California.
Sri Chakravarthy, P .E. will prepare utility plans and other necessary engineering studies and can draw upon Kimley-Horn’s vast engineering resources to generate feasible complete street plans and mitigate site constraints for TOD opportunity sites. As part of the implementation plan, Kimley-Horn funding specialist Alyssa Phaneuf, P .E., who has helped clients secure millions of dollars in funding for active transportation projects, will lead the preparation of a funding strategy and cost estimates. Jessie Barkley, will prepare an environmental memorandum/initial study that will tier off of the recently-adopted Bell Gardens General Plan Housing Element and Circulation Element. As an addition to the scope, we have also budgeted for one professional rendering to illustrate the key elements of the Specific Plan and Zoning Code Update, which can be used by the City to market TOC opportunity sites to developers and utilize in grant applications.
Our goal is to help Bell Gardens craft a strategy to realize near-term complete street improvements, while planning for longer- term, complex TOC investments that will span multiple funding cycles. We are excited to partner with the City of Bell Gardens on this groundbreaking effort to shape the revitalization of Bell Gardens for years to come.
We look forward to the next steps in the selection process. Adam may be reached by phone at 213.261.4095 or by email at [email protected].
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Adam Maleitzke, AICP *Sri Chakravarthy, PE, TE
Project Manager First/Last Mile Planning
To the best of our knowledge, neither Kimley-Horn nor any of its employees has any potential conflict of interest due to any other clients, contracts, or property interest for this project. *Sri Chakravarthy is the individual
authorized to bind Kimley-Horn and
has read and will comply with all
terms and conditions of this RFP
197Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
iii
Table of Contents
1. Transmittal Letter .....................................................................................................................i
2. Work Plan/Project Approach .....................................................................................................1
3. Management and Staffing .....................................................................................................12
4. Minimum Qualifications, Prior Related Experience and References ........................................27
5. Cost and Pricing ....................................................................................................................32
6. Additions or Exceptions .........................................................................................................33
7. Pending Litigation ..................................................................................................................35
8. Insurance ..............................................................................................................................36 198Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
1
2. Work Plan/Project Approach
Work Approach and Methodology
PROJECT UNDERSTANDING AND APPROACH
The City stands at the nexus of major existing and planned transportation corridors, including the Southeast Gateway Transit Corridor, Las Angeles County Metropolitan Transportation Authority (LA Metro) Routes 110 and 111, the I-710 Freeway, the Los Angeles (LA) River bike trail, and a potential bus rapid transit line along the Rosemead/ Lakewood corridor. Major transportation corridors such as the Gage, Florence, Eastern, and Garfield Avenues, historically designed to convey large volumes of truck and passenger vehicles, present significant safety challenges for the roughly 20% of residents who commute to work by walking, cycling, or transit. In the last 10 years, there have been over 180 crashes involving pedestrians in the City, mostly concentrated on these facilities. Many of these crashes can be attributed to vehicle-oriented land uses, a high volume of truck traffic, a high concentration of curb cuts, narrow sidewalks, and other factors that will be addressed through the development of the Specific Plan.
These corridors also present a significant opportunity for the City to address longstanding equity issues. Due to the wide rights-of-way of the Florence, Gage, and Garfield Avenues as well as other major arterials in the City, there are opportunities to “right size” the corridors to convey passenger vehicles while adding shade, protective barriers, wider sidewalks, and transit facilities and amenities. While connections to the future LA Metro Southeast Transit Corridor stations at Florence Avenue/Salt Lake Avenue and Firestone Boulevard will be a key driver to improvements along Gage and Florence Avenues, a significant percentage of trips are local. According to Replica data from April 2024, over one-third of average weekday passenger vehicle trips originating in the City ended within a three-mile radius, indicating that improvements to pedestrian and cyclist infrastructure could have a major positive impact on safety, equity, and traffic. Our Existing Conditions Report will feature intensive data collection and analysis, including collisions, vehicle miles traveled (VMT), real-time Replica information, and other data. Perhaps more critically, we will bring the community to the table through a robust program of in-person, public engagement opportunities and events to help the City and Kimley-Horn identify critical challenges and shape the mobility strategy of the Specific Plan.
Like many suburban communities built after 1945, housing options in the City are a mix of single-family homes and multi-family complexes with two to three bedrooms. Homes of this size are inadequate for the relatively larger households in the City. Furthermore, with a median income of just over $50,000 and 25% of residents living below the poverty line, purchasing a home in the City can be difficult when the median home value is over $420,000. As a result, over 75% of residents rent their homes. To address these issues and promote high-quality, affordable housing at densities that can support transit, we will work with the City to craft a zoning code update program that enables a variety of housing types to be built such as small lot subdivisions, townhomes, fourplexes, and others. The Program of Projects will build on the City’s Housing Element to assess barriers and opportunities for specific housing sites and identify infrastructure and other improvements to make them marketable to the developer community and clearly outline the City’s equitable housing strategy.
The Specific Plan will culminate in an implementation-oriented “blueprint” that focuses on policy changes, infrastructure improvements, a housing action plan, and first/last mile projects. Kimley-Horn will leverage our extensive experience securing funding for, designing, and building complete streets and transit corridors to prioritize the key actions that will most effectively improve safety and mobility, promote equity, and expand housing choices.
Project Goals
. Achieving active engagement from
residents, community organizations,
and businesses of all ages and
abilities to develop the project vision
and direction, particularly those from
disadvantaged communities
. Diversifying housing stock that is
largely obsolete for the needs of current
residents, is unaffordable, and is not
of a density sufficient to promote
significant transit ridership
. Promoting economic revitalization
at key nodes and corridors through
placemaking, actionable policies,
infrastructure investments, and
a clear set of actions for all key
stakeholders to follow
. Mitigating heavy trucks and
passenger vehicle traffic congestion
that creates an unsafe situation for
pedestrians and cyclists
. Prioritizing active transportation and
transit investments that yield near-
term environmental, health, equity, and
accessibility outcomes.
During a recent site visit, the Kimley-Horn team observed residents using a wide variety of modes, including the
110/111 bus routes, scooters, bicycles, and walking. We will identify transit amenities, traffic calming solutions, and placemaking opportunities to improve safety and livability for the City
199Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
2
Scope of Work
Task 1: Project Management Plan and
Team Meetings
1. Project Management Plan
Kimley-Horn will work with the City to refine the project scope, schedule, and budget to meet the objectives of the Specific Plan.
Quality will be verified through independent technical reviews by qualified staff who are familiar with the technical procedures, processes, standards, and guidelines associated with the deliverables in the scope of work. Elizabeth Cobb, the principal-in-charge, will work with the task managers responsible for each major deliverable to perform a QC review with a focus on technical aspects. Each QC review will be documented in one PDF with markups for originators, checkers, and back-checkers and saved to the project files. In addition, we will assign an in-house editor who is independent from the technical team to check each document for voice, consistency, grammar, spelling, and graphics. These multiple rounds of review will be performed internally before deliverables are transmitted to the City for review.
Once under contract, we will prepare a Project Management Plan (PMP) that provides a clear roadmap for hour the project will be led and will include, at a minimum, the following topics:
 QA/QC process
 Project charter, including goals and objectives to be met  Key project team stakeholders, their contact information, and project role
 Communication protocols, project team (PT) meetings, and informal communication (email, phone calls, etc.)
 Invoicing protocols, including monthly progress reports  Work breakdown structure with a summary of deliverables, estimated level of effort, task leads, and production schedule  Project schedule and milestones (see below)
 Project ShareFile site and user access protocols
 Other topics as requested by the City
2. Project Schedule
a. We have included a preliminary project schedule that includes a 15 (fifteen)-month timeline with key milestones and deliverables.
We assume the project will kick-off by October, 2024. This timeline will allow Bell Gardens to complete the Specific Plan in advance of the Caltrans grant deadline and allow for potential project delays.
As noted above, we will work with the City to refine the scope and corresponding schedule and budget as needed. Once complete, we will incorporate the schedule into the final PMP .
b. The final schedule will clearly define major deliverables and deadlines. For major deliverables, we assume the City will have up to a two-week review period to provide comments and markups. Kimley-Horn will provide a comment matrix
with each deliverable to expedite edits once we receive comments from the City.
c. The preliminary schedule assumes 14 (fourteen) monthly PT meetings, which will include the Kimley-Horn team, City staff, Caltrans representatives, and others as appropriate, inclusive of a kick-off meeting. We have also budgeted for informal check- in meetings between project manager Adam Maleitzke, AICP and the City’s designated project lead as well as regular emails and phone calls as needed. Regular communication is the cornerstone of a successful project.
j Deliverables:
1. Project Management Plan (PMP)
2. Project Schedule
Task 2: Research and Analysis
Kimley-Horn will develop a comprehensive existing conditions analysis of transportation and land use conditions within the Specific Plan study area, including a range of planning and engineering studies to (i) define the study area; (ii) summarize opportunities and constraints; and (iii) identify a preliminary list of infrastructure needs and projects to be refined through community engagement and coordination with project stakeholders. We will build on our team’s collective knowledge of the City, Gateway community, knowledge of the Southeast Gateway Transit Corridor, and other previous studies to quickly develop a focused and insightful Existing Conditions Report and Initial Needs Analysis and Memo. Major components of the existing conditions work will include:
1. Plan and Policy Evaluation Summary Analysis
We will prepare a concise and focused review of previous plans that have been developed for the area, including:
1. California’s Streets and Highways Code
2. Caltrans Strategic Plan
3. California Transportation Plan 2050
4. California Bicycle and Pedestrian Plans
5. Southern California Association of Governments’ Regional Transportation Plan (RTP)/Sustainable Communities
Strategies (SCS)
6. LA Metro Active Transportation Strategic Plan and First/ Last Mile Plans
7. Bell Gardens General Plan Circulation and Housing
Elements (2022 update)
8. Bell Gardens Complete Street Plan (2020)
9. West Santa Ana Branch Transit Corridor TOD Strategic Implementation Plan (SIP)
10. Americans with Disabilities Act (ADA) Plans
11. Review of the Bell Gardens Municipal Code, focusing on zoning guidelines and standards (parking ratios, setbacks, permitted uses, FAR/density, etc.)
12. Review of the current discretionary approval process for multi- family residential and mixed-use projects
13. Other relevant plans, as identified by the PT
In addition to a brief description of each plan, we will summarize key findings into a matrix with categories that could include 200Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
3
safety, funding, key policies, land use, etc. The matrix will also identify key sections that may be updated through Specific Plan recommendations and the zoning code update.
2. Analysis of Existing Conditions
Based on our team’s pre-proposal site visit and review of current conditions, we assume that the existing conditions work will focus on the following major corridors in the City:
1. Florence Avenue
2. Gage Avenue
3. Garfield Avenue
In advance of the kick-off meeting, Kimley-Horn will issue a Data Request Memorandum to gain access to necessary plans and data not already received by our team.
On the same day of the kick-off meeting, we will work with the City to organize a site visit of key project areas and document our visit with notes and photos.
We anticipate the existing conditions review will include the following topics:
1. High-level demographic profile
2. Overview of building stock and residential/commercial building typologies, character-contributing elements, average rent, and valuation information
3. Current land use and zoning maps
4. Profile of typical lots and site layouts
5. Profile of key commercial corridors including regional shopping centers (Los Jardines, etc.), the Bicycle Casino, and small business corridors
6. Identification of public facilities such as libraries, parks, schools, hospitals, major commercial and employment
centers, and relevant characteristics of each (enrollment, service area, park amenities, etc.)
7. Streetscape physical character, including amenities, current typical cross-sections, placemaking elements, pavement
conditions and size, and access to sidewalks
8. Parking availability for major commercial corridors (off- street and on-street)
9. Map(s) of current transit stops, shelters, routes, and boarding information if available. Proposed transit projects such as the Southeast Transit Corridor and others. Current walk scores and a walkshed analysis (geographic information system [GIS] map of ¼-mile/5-minute walk to the LA Metro Routes 110
and 111 bus stops)
10. Current and proposed bicycle facilities and a 3-mile walkshed analysis, LA River trail and current access points, other trails and connections
11. Park and open spaces with a map and profile
12. Other topics as identified by the City and PT
3. Project Area-Wide Origins-Destinations, Intermodal
Connectivity, and First/Last Mile Needs Analysis and Mapping With the information gathered in Task 2.1, Kimley-Horn will work with the City staff to develop a list of transit-oriented community (TOC) opportunity sites within walking distance of the LA Metro Routes 110 and 111 transit corridors that may be ready for economic revitalization efforts and TOD investment. The list will also be informed by the following:
1. Housing opportunity sites as identified in the City’s 2022 General Plan Housing Element
2. Available data for vacant and underutilized properties
3. Utility information on water shut-offs
4. An analysis of origins and destinations within the Specific Plan study area. Kimley-Horn has already performed an initial analysis using Replica data for the month of April 2024. We will expand on this analysis to identify origins and destinations for average weekday and weekend.
5. Discussions with Bell Gardens staff
Kimley-Horn will draw on a wealth of origin-destination, collision and safety, GIS, and other data to understand current travel patterns and safety constraints of the project area. We are adept at translating a robust analysis into specific first/last mile improvement projects that will improve conditions for pedestrians, bicyclists, and transit riders in the Bell Gardens community.
Kimley-
201Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
4
The factors above will be incorporated into a First/Last Mile Needs Analysis Map, as well as a GIS exhibit that will identify key destinations within The City and the surrounding area and identify key first/last mile corridors or “desire lines” where the City and Kimley- Horn team should focus its efforts.
4. Equity Study
Our approach to equity is threefold: we will (i) use performance metrics to establish baseline conditions, track the impact of proposed transportation investments using our proprietary Access2Opportunity scenario planning tool, and provide the City with a scorecard for measuring equity as the corridor develops; (ii) develop strategies for mitigating disparities and equity concerns; and (iii) engage directly with the PT and residents and businesses to identify partnerships and programs so that equity goals are embedded in the Specific Plan.
1. We will work with City staff and the PT to identify performance measures and metrics. We anticipate focusing on resiliency, economic mobility, health, connectivity, safety, and All data collection and initial literature review of equity analysis will come from Task 2.1. We will summarize the key equity and health- related concerns throughout the corridor as well as proposed mitigation strategies and programs supplemented by a
customized Access2Opportunity dashboard that will incorporate quantifiable performance metrics prioritized by the PT.
2. Jobs and Services Access: The Kimley-Horn team will
conduct various analyses such as travel time, public transit, demographics, and service location analysis to identify disparities in access by demographic population. The project outreach documentation will be used to outline the community perception on estimating challenges and preferred solutions, and the community walk audits (Task 3) will provide additional insight into the usability of transit services.
3. Housing and Transportation Affordability: We will use the Housing + Transportation Index prepared by the Center for Neighborhood Technology to identify locations within the project area with high household transportation and housing costs relative to Los Angeles County. Additionally, the affordability analysis will evaluate mode share, public transit, income distribution, and housing supply and demand. We will also evaluate the effectiveness of local policies promoting affordable housing and alternative transportation modes and opportunities for inclusionary zoning, rent control, or other strategies.
4. Transportation and Mobility Equity: We will build on the first/last mile findings from our existing conditions work (Task 2.1) and conduct a Bike/Walk Audit with the
community to “ground-truth” findings and understand the key mobility and accessibility challenges that residents in the community are facing.
The Equity Analysis will summarize the key equity priorities, corresponding metrics, input received through public engagement activities and surveys, and also outline the process for incorporating equity-focused priorities into the Specific Plan.
5. Accidents and Safety Analysis and Mapping
Kimley-Horn has conducted a preliminary review of Statewide Integrated Traffic Records System (SWITRS) data to identify trends as it relates to vehicular, pedestrian, and cyclist collisions.
Specifically, we will:
1. Identify high crash locations and crash patterns using five years of historical crash data available from the
Riverside County Transportation Department’s (RCTD)
Crossroad database, supplemented as needed with
University of California, Berkeley Transportation Injury Mapping System (TIMS)
2. Perform a risk factor analysis to identify factors in the transportation network that inhibits safety for all users
3. Conduct a systemic safety analysis to identify high risk road features associated with specific crash types. This analysis will help to identify locations for low-cost improvements such as curve warning signs on horizontal curves to prevent road departure crashes.
4. Prepare an analysis that includes additional analysis focusing on fatal and severe injury crashes, vulnerable road users, school zones, driving behaviors, railroad crossings, transit stops, and residential neighborhoods. Kimley-Horn will
develop a GIS-based data inventory, which will be expanded as additional data is collected during the project development phase. We can also use our subscription to Replica to
review origin-destination data, mode split, and pedestrian/ bicyclist patterns. This information will be used to inform the development of first/last mile and safety improvement projects as part of the Needs Analysis Memo.
6. Needs Analysis
With the information generated in Tasks 2.1-2.4, Kimley-Horn will prepare a Needs Analysis Memorandum. The Needs Analysis Memorandum will include, at a minimum, the following topics:
1. Key Project
Objectives and Metrics
2. Summary of Project Area
Existing Conditions
3. Equity Baseline Analysis
4. Origins, Destinations, and
TOC Opportunity Sites
5. Collisions and
Safety Analysis
6. Profile of Prioritized
First/Last Mile Corridors
and Preliminary List
of Infrastructure
Needs/Improvements
j Deliverables:
1. Research and Analysis
a. Plan and Policy Evalua tion Summary Analysis
b. Analysis of Existing Conditions
2. Project Area-Wide Origins, Destinations, and Intermodal Connectivity Analysis and Related Maps
3. Equity Study
4. Accident/Safety Data and Related Maps
5. Initial Needs Analysis and Memo
202Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
5
Task 3: Stakeholder Engagement Plan
The Kimley-Horn outreach team, led by Monica Villalobos and Tatiana Lundstrom, will integrate the findings from the Equity Analysis to lead a robust community engagement process that will meet the community where they are through a variety of in- person and virtual engagement activities and tools. Our team is adept at creating content, visualizations, resources, and tools to tell a story that citizens can understand and that enable equitable participation. We will listen to understand, educate, and demonstrate how our outreach shapes the implementation of the Specific Plan.
Using our local and national experience, we employ emerging and forward-thinking practices along with proven grassroots methods to accomplish project goals.
1. Stakeholder Engagement Plan
Kimley-Horn will prepare a Stakeholder Engagement Plan (SEP), which will be a living, working document to make sure we have captured the strategies needed to reach our audiences, including the general public, committees, organizations, and officials. The SEP will contain the schedule for engagement—tiering off of existing community events and gatherings to meet people where they are—creating forums and charrettes, and identifying thoughtful and respectful ways to reach low-income, minority, un-housed, and hard-to-reach populations. We will follow best practices from outlined resources and track and evaluate progress throughout the project so that our desired audiences are actively engaged in the process. If we find that we are not meeting our goals, we will pivot to incorporate additional measures. At a minimum, the SEP will include:
1. Project objectives and goals, informed by the Equity Analysis (Task 2.3) and strategies to engage hard-to-reach populations
2. City staff will be responsible for direct outreach
to stakeholders.
3. Summary of proposed in-person and virtual engagement events and tools
4. City staff will coordinate the selection and use of venues throughout the project and be responsible for any agreements or fees necessary to host events.
5. Other topics as identified by the City staff and the PT
2. Project Website, Social Media Interactive Town Hall, and Marketing/Publicity
The SEP will be supplemented by an active and engaging
social media and marketing/publicity campaign that will include the following:
1. Contact List: City staff will take the lead on this task..
2. Project Webpage: The webpage will contain a project
overview, document activities, and be a trusted resource for the community to find up-to-date information, access to frequently asked questions, and ways to communicate with the project team.
3. Social Media: We will work through the City’s existing social media channels (Facebook, X, and Instagram) and develop key messaging that will coincide with publishing of major deliverables and events.
4. City staff will be responsible for distributing all
flyers and postcards.
5. Interactive Town Hall: In advance of the first public workshop, Kimley-Horn will use our proprietary Public
Coordinate tool, along with a virtual and printed survey, to collect community input on mobility and housing challenges within the project area. Public Coordinate is a virtual, intuitive, Our team, including several members of the technical
and outreach team, is bilingual and multicultural— a
critical factor in the success of the Specific Plan in
a community where over 40% of residents are
foreign-born and 96% are Latinx.
Kimley-Horn will use
PublicCoordinate to serve as the
platform for the Interactive Town Hall
Event. We developed this platform
to be intuitive, easy to use, and
compatible with desktop and mobile
devices. PublicCoordinate will allow
Bell Gardens residents to report on
critical areas for improvement and
participate in an interactive forum for
discussion with other residents about
first/last mile and transit needs.
Project Manager Adam Maleitzke facilitated a walking tour with stakeholders for the Paramount/South Gate Station Area Vision Plan project for communities near the West Santa Ana Branch/Southeast Gateway Transit Corridor. Our first open house event will take the form of a walking tour with residents to collectively identify barriers to TOCs and walking/cycling in Bell Gardens.
203Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
6
interactive mapping tool that allows participants to add placemarks and report intersections and corridors that are unsafe, identify bus stops, streets, and properties that the City and Consultant team should focus on, and allow for dialogue with other community members on topics important to
residents and businesses.
3. Community Survey
The information received through the Interactive Town Hall will be complemented with input received through a separate online and in- person survey collected through two (2) in-person pop-up events (Task
3.4). To the scope, we have added an intercept survey. Kimley-Horn will locate two staff at major intersections and bus stops throughout the project area and ask people questions regarding their experiences cycling, walking, and taking transit in the City of Bell Gardens. This has been an effective method of engagement for several projects and yields on-the-ground information directly from the community.
4. Community Outreach meetings, Open House Events,
and Workshops
Guided by the principles outlined in the Equity Analysis and SEP , Kimley-Horn will lead and facilitate the following events in both English and Spanish:
1. Virtual and In-Person Open Houses (two)
i. Virtual: Once the City has reviewed and approved
the Needs Analysis Memorandum and Equity Analysis,
Kimley-Horn will facilitate a virtual Open House. Select City staff and Kimley-Horn team members will introduce
the project and discuss the key findings and preliminary recommendations during the first half of the meeting,
focusing on themes such as equity, safety, access/
mobility, housing, and amenities. We anticipate using
Zoom or another platform preferred by the City. For the second half of the meeting, Kimley-Horn will facilitate a virtual question and answer (Q&A) session for residents and businesses to ask questions or discuss their
priorities/goals for the project and concerns about issues in the project area. The session will be recorded, and a transcript/summary will be provided to the City staff.
ii. In-Person: Once the draft Specific Plan and
recommendations has been released, Kimley-Horn
will work with City staff to secure a venue for an in-
person Open House Session. Breakout tables will be
designated for those who prefer to engage in Spanish,
and direct translation will be provided during the Q&A
session. Presentation materials will be made available
in Spanish for audience members to follow along with
the PowerPoint presentation. Following the presentation, participants will be invited to explore key aspects of the Specific Plan presented through boards, Lego models,
and other interactive exhibits. City and Kimley-Horn
team staff will be available to answer questions in
English and Spanish.
iii. Alternatively, as indicated in the scope, Kimley-Horn can facilitate two in-person open houses (one in the east and one in the west), but we recommend holding an in-person and virtual town hall sessions as described above to
provide a variety of ways for residents and businesses to engage with the PT.
2. Public Workshops (three)
i. The first public workshop will be organized as
a Bike/Walk Audit to be held on a day that is most
convenient for residents. Over a several-hour period, we anticipate organizing walking tours with routes that are located throughout key nodes in the project area. The
routes will be determined by public input received to date and the Needs Analysis Memorandum. The intent is to
allow residents to walk around their neighborhood and
assess, with clipboards and customized forms, existing
conditions for pedestrians and cyclists and suggest
improvements that may improve safety and access to
walking, cycling, and the LA Metro Routes 110 and 111
transit corridors. Kimley-Horn will document all completed forms and summarize/map key findings.
ii. The second and third public workshops will be organized as interactive design workshops with a number of engaging activities that will allow participants to identify appropriate housing typologies and complete street and first/last mile improvements for the focus areas prioritized in the Needs Assessment Memorandum, Interactive Town Hall/Public
Coordinate tool, and open houses. For each workshop,
we anticipate the following activities, but we will work with Bell Gardens staff to refine the workshop agenda as part of the SEP:
1. Introductory Presentation: Kimley-Horn will
Engaging design workshop led by Project Manager Adam Maleitzke to envision transit- oriented development opportunities and first/last mile improvements near the future Southeast Transit corridor Paramount and South Gate stations. Kimley-Horn will lead similar creative, engaging activities to help residents shape the vision of the Specific Plan. 204Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
7
present (i) what we have heard from the community
so far; (ii) initial findings from the Consultant team; (iii) summary of opportunities and constraints; and
(iv) focus areas. The facilitator will then provide an
overview of the workshop format.
2. Breakout tables:
a. Mobility Projects: Large base maps with
“stickers” representing bicycle and pedestrian
improvement projects, supporting profiles of first/
last mile improvements from NAACTO/other toolkit
information, existing cross sections and scaled
“cut-outs” of bicycle and pedestrian facilities to
generate alternative complete street plans, or
other interactive and engaging activities
b. Housing and TOD Projects: Multi-colored Legos
(roughly 60 scale), base maps, and profiles of
TOD/housing typologies. For the opportunity sites,
participants will create development scenarios
and identify housing typologies that they think are
appropriate for their neighborhood and meet the
goals of the Specific Plan.
c. Each breakout table will include a facilitator
from the City or Kimley-Horn team. Facilitators
will guide the discussion towards a set of
recommendations to report-out to the rest
of the workshop.
3. Report-out: workshop participants will walk from
table to table, and a representative will discuss their mobility or housing visions for the project area.
4. The workshop facilitator will provide closing remarks and discuss next steps in the project, including future opportunities for public engagement.
5. Kimley-Horn will summarize the discussions and
recommendations from each breakout table as part
of a memorandum that will be shared with City
staff and the PT.
3. Pop-up Events (added to scope): Kimley-Horn has added participation in up to two pop-up events, to be held at festivals within the project area such as the 4th of July Festival, Memorial Day Service, or other events with a large draw. We anticipate staffing a tent with a table, preparing boards to describe the project and key issues, and distributing survey postcards with quick response (QR) codes to invite visitors to take the survey or engage with the Interactive Town Hall/Public Coordinate site. j Deliverables:
1. Stakeholder Outreach and Engagement Plan
2. Postcards, Project Website, Social Media Content, Meetings Notices, Presentations, and Notes
3. Project Website, Social Media/Interactive Town
Hall Site/Surveys
4. Facilitated Mandatory Community Engagement/Outreach
Meetings and Activities
Task 4: Policy Framework & Proposed
Connectivity Projects
1. Goals, Objectives, Policies, and Performance Measures Kimley-Horn will work with City staff and the PT to establish project goals, objectives, and corresponding performance metrics that (i) guide the development of the plan and, once the Specific Plan is adopted; and (ii) track the Specific Plan’s impact on health, equity, economic, mobility, safety, and other factors. These metrics will be used throughout the development of the Vision and Implementation Plan to evaluate real-time scenarios and inform the development of mitigation measures and strategies to improve livability as the Specific Plan is implemented long-term. These will be based on input received through the survey, Town Hall/Public Coordinate, findings from the Equity Analysis, and other public engagement activities.
Potential metrics could include quantifiable impacts on VMT, transit ridership, rent burden, pedestrian and cyclist collisions, housing starts and affordable units generated, housing affordability, business counts, and others as prioritized by the PT and community. Once the metrics have been identified, Kimley-Horn will establish baseline conditions, identify data sources, and prepare a plan to annually collect and update the scorecard as the prioritized program of projects is implemented.
2. Best Practices - Design Elements Toolkit
Kimley-Horn will draw upon existing resources, including Caltrans’ Complete Streets Toolbox and Smart Mobility Framework, to develop a menu of potential complete street treatments that may be applied in Bell Gardens. We also recommend using the SCAG High Quality Transit Area (HQTA) Toolkit, developed by Kimley-Horn’s project Kimley-Horn’s Access2Opportunity dashboard will add an equity lens to the development of first/last mile improvements as they are envisioned with residents, stakeholders, and Bell Gardens staff.
205Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
8
manager Adam Maleitzke, AICP, which includes an extensive collection of complete street treatments with descriptions, annotated diagrams, best practices and design guidelines, and precedent imagery. This information will be formatted into a concise toolkit, with half-page profiles drawing on the information above, and will be used during the design workshops and other engagement activities to help educate the public about best practices for first/last mile improvements.
3. Zoning Code Update Program
Task lead Xiaofan Li, who has an extensive background in preparing Specific Plan and zoning code updates, will lead the preparation of the zoning code research and code update activities. This work will include the following:
a. Best Practices: Review of municipal codes for up
to three (3) peer Southern California cities that have
recently adopted TOC zoning standards as part of the
latest Regional Housing Needs Allocation (RHNA) cycle.
The summaries will discuss the discretionary or by-right approvals process, standards including setbacks, FAR/
DUPA, lot coverage, provision of open space, amenities, fees, density bonuses, parking ratios, permitted uses and/ or building typologies (if a form-based code was adopted), building height, and other standards as applicable. Each summary will include a concise overview of the key
changes and a table of the proposed TOC standards.
b. Community Goals and Priorities: Matrix summary of the key themes and priorities expressed by the public through project engagement efforts and the existing plan review outlined in Task 2.
c. Zoning Code Recommendations and Zoning Map:
One (1) meeting with representatives from the Community Development, Recreation and Community Services, and
Public Works departments to review and discuss draft
zoning changes proposed by the Kimley-Horn team and
determine the inclusion of specific parcels. Kimley-Horn will incorporate feedback from City staff and issue a redlined version of the City’s zoning code as well as a corresponding map with the proposed changes.
4. Proposed Affordable Housing Program Projects
Working with Bell Gardens staff, we will prepare up to three (3) profiles of TOC Opportunity Sites that will serve as a marketing tool as the city engages with developers, pursues funding, and seeks to realize transit-oriented community investment projects. Each profile will include, at a minimum:
 Identification of existing utilities and sizing (GIS map and high- level description)
 Location of proposed first/last mile projects and integration with the TOC sites
 Opportunities for bus shelters, bike storage, wayfinding signage, and other amenities for transit riders, bicyclists, and pedestrians
 SketchUP massing models depicting a potential TOC
development scenario
 Precedent imagery from the Design Elements Toolbox/
HQTA Toolkit to depict potential housing/mixed-use
development typologies
 Planning-level total development cost estimate
 Table depicting the proposed TOC Zoning Standards developed by Kimley-Horn and Bell Gardens staff that will inform the development of each site
 List of potential funding sources for TOD projects
 List of near-term and long-term implementation actions and a responsibility matrix
To the scope, we have added a Developer’s Roundtable. Project Manager Adam Maleitzke, AICP has facilitated several developer roundtables for projects such as the Riverside County Transportation Commission TOC Strategic Plan and Corona Housing Element Rezoning Program and can bring a wide variety of market rate and affordable housing developers to the City. Once the TOC Opportunity Site profiles have been created, Kimley-Horn will organize a roundtable to discuss the development constraints of each site and propose mitigation strategies to unlock TOC investment.
5. Bicycle Program of Projects
Kimley-Horn will identify and recommend improvements to the on-street bicycle facilities network. In partnership with stakeholders, including the PT, Kimley-Horn will conduct an analysis of existing and proposed projects to determine feasibility and appropriateness, as projects prioritized by the community may not have been included in previous plans. Input collected through public outreach will also be incorporated into the listing of proposed projects. Additional on-street For the SCAG HQTA Vision Plan for the City of Riverside, Project Manager Adam Maleitzke led the preparation of plans, cross sections, and itemized cost estimates for recommended first/last mile improvement projects as part of a TOC study. We will work with Bell Gardens to develop grant-ready profiles of first/last mile projects with tailored funding packages and identify near-term improvement projects to accelerate safety and mobility improvements for Bell Gardens residents.
206Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
9
bicycle network recommendations shall be determined through technical analysis of demand, gaps and opportunities for connectivity.
A high-level feasibility study will be performed for all recommended bikeway projects to identify projects that can be implemented within the existing right-of-way. Kimley-Horn will make an effort to propose low-cost projects where feasible and recommend phased approaches for short- and long-term solutions where necessary. Kimley-Horn will facilitate a two-hour-long workshop with City staff to discuss preliminary projects before the profiles are developed. Each project profile will include a description, existing and proposed typical cross section, 5% typical segment plan over aerial photography, potential constraints, and other characteristics, as deemed necessary by Bell Gardens staff. In addition to the profiles, Kimley-Horn will prepare a GIS map of proposed pedestrian improvements selected by the City.
6. Pedestrian Program of Projects
Kimley-Horn will identify and recommend improvements to the pedestrian network for people walking and using mobility assistance devices such as wheelchairs. Kimley-Horn will use previous planning studies as a starting point for a list of pedestrian projects, and then work with City staff to include locally desired projects that may not have been included in previous plans and also include appropriate gap closures and connections between existing communities and areas planned for development. Input collected through community outreach events and the community survey will also be incorporated into the list of desired projects. Kimley-Horn will facilitate a two-hour-long workshop with City staff to discuss preliminary projects before the profiles are developed. In addition to the profiles, Kimley-Horn will prepare a GIS map of proposed pedestrian improvements selected by the City.
7. Proposed ADA Program of Projects
We will use the findings from the Initial Needs Analysis Memo and proposed program of pedestrian and bicycle improvements to recommend key intersections where ADA curb ramps are needed. All recommended projects will be mapped in GIS.
8. Safe Routes to School (SRTS) Program of Projects
Kimley-Horn will utilize existing collision data, traffic counts, and speed data within ¼ mile of each of the school bus stops within the Specific Plan project area to identify trends related to school travel patterns and recommend countermeasures. We will examine various factors for collisions including time of day, primary collision factor, California Vehicle Code violations, age and gender of involved parties, and party at fault.
The results of the school audits will help inform recommendations for traffic control devices, circulation patterns, and pedestrian and bicycle enhancements on public roadways adjacent to school bus stops. Kimley- Horn will also develop recommendations for education, awareness, enforcement, and safety programs for students in local schools. j Deliverables:
1. Goals, Objectives, Policies, and Performance Measures
2. Design Elements Toolbox and Best Practices
3. Zoning Code Updates Program, Maps, Schematics, and
Recommendations
4. Proposed Affordable Housing Program of Projects,
Maps, Schematics, and RecommendationsProposed
Bicycle Program of Projects, Maps, Schematics, and
Recommendations
6. Proposed Pedestrian Program of Projects, Maps,
Schematics, and Recommendations
7. Proposed ADA Program of Projects, Maps, Schematics, and Recommendations
8. Safe Routes to School Program of Projects, Maps,
Schematics, and Recommendations
Task 5: Prepare Planning Documents
(Draft and Final Plan)
1. Project Prioritization
Kimley-Horn will conduct a usage assessment of proposed projects developed in Task 4 and will score them based on cost, potential use using NCHRP 552 methodology, and role in the Citywide network. The projects will be grouped into tiers based on those scores to help the County prioritize which projects should be constructed within the first two years, and which can wait for specific funding opportunities or maintenance cycles that may span multiple years.
2. Funding Sources and Strategies:
Funding specialist Alyssa Phaneuf, P .E. will draw upon unit cost information generated from Active Transportation Plans (ATP) prepared for other California clients in 2023 to develop itemized cost estimates for prioritized projects, including contingencies to cover expenses such as maintenance and operations. Kimley-Horn will also develop a compiled matrix of funding sources to plan and implement the mobility improvements proposed in the plan within the short term (two-year) and long term (2+ year) time horizons. The funding sources may include local, regional, state, and federal sources, and would include a variety of fund types, including transportation, air quality, water quality, health, and sustainability. The funding list will include details on what each funding source can address, such as feasibility analysis, environmental review, right-of-way acquisition, final design, construction, maintenance and operations. The matrix will include the anticipated next call for applications date, if available, and other key information needed for the applications.
207Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
10
3. Administrative Draft Bell Gardens TOC Specific Plan and Zoning Code Update: Environmental Scan, IS/MND
Kimley-Horn will compile applicable findings, figures, and recommendations from previous tasks to prepare the Administrative Draft Specific Plan. We anticipate that the Administrative Draft Specific Plan will include the following chapters:
a. Plan Information: Table of contents, index of tables, diagrams, and maps
b. Executive Summary: Plan intent, plan area description, high-level recommendations, and discussion of process
c. Introduction: Maps and description of the plan area, summary of existing conditions, needs assessment,
relationship to other plans, and relationship between
policies and regulations
d. Zoning Code Update and Land Use Changes: Project
goals, objectives, and metrics, updated zoning code map, table with changes to development standards, purpose and intent of regulations, design standards
e. Infrastructure Plan: Evaluation metrics, list of prioritized mobility (bicycle, pedestrian, SRTS, and ADA) projects and funding sources, cost estimates, project profiles, phasing, and map of proposed projects and descriptions
f. Consistency with the General Plan and negative
declaration determination
g. Specific Plan administration and Enforcement
h. Appendices: Memoranda developed for the project,
supporting maps, tables, and other figures
Kimley-Horn will work with City staff to determine the detailed outline and Specific Plan content prior to preparation of the Administrative Draft Specific Plan. We have also added one professional rendering to the scope to help illustrate the key components of the Specific Plan and Zoning Code Update. Environmental Planning Lead Jessie Barkley, AICP will work with Bell Gardens Staff to prepare an Environmental Scan, which will assess the topics that will be covered during the preparation of the Mitigated Negative Declaration (MND).
Once a project description has been finalized, Kimley-Horn will prepare an Initial Study and MND and supporting technical reports, including a traffic study that assesses Vehicle Miles Traveled (VMT) impacts only. This proposal assumes that an Environmental Impact Report (EIR) will not be necessary and is not assumed in the proposed budget. If deemed necessary to clear the project, an EIR would be prepared through a separate contract.
4. Release Draft Transit-Oriented Communities Specific
Plan and Zoning Code
Once the Administrative Draft is completed, we will transmit to the City for a three-week review by City departments, incorporate feedback received through the comment matrix, and issue the public draft of the BG-TOC/ZCU. Kimley-Horn will prepare and present the Specific Plan at the second open house as described in Task 3, focusing on the priority projects and zoning code update recommendations. We will also work with Bell Gardens staff to prepare presentation materials and information for City staff reports as part of a City Council public hearing, which Kimley-Horn will staff.
5. Finalize Transit-Oriented Communities Specific Plan
and Zoning Code
We will incorporate comments received from the final open house and Public Hearing and issue a Final BG-TOC/ZCU. All major deliverables, notes, and presentations prepared for the project will be transmitted to the City using the project ShareFile site for future reference and use.
j Deliverables:
1. List of prioritized projects based on feasibility, likely funding availability, and community feedback
2. Proposed list of funding sources, including framework for Phases and Partnerships
3. Environmental Scan, IS/MND, and supporting
technical reports
4. Draft Specific Plan
5. Public Meeting Agenda, Presentation, Meeting
Minutes, and Notes
6. Final Specific Plan
RICKENBACKER
Kimley-Horn will prepare a professional rendering to help the City market TOC Opportunity Sites, build community support for the vision plan, and 208Exhibit 2
PROPOSAL FOR The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update 11
City of Bell Gardens TTPS96002.2024
2024 - 2025
Milestones Existing Conditions Project Alternatives Public Workshops + Popups Draft Specific Plan + Zoning Code Update Public Hearing + Approval
Project
Closeout
SEP-24 OCT-24 NOV-24 DEC-24 JAN-25 FEB-25 MAR-25 APR-25 MAY-25 JUN-25 JUL-25 AUG-25 SEP-25 OCT-25 NOV-25 DEC-25 Task 1 Project Management Plan and Team Meetings
1.1 Project Management Plan
1.2 Project Team Meetings
Task 2 Research & Analysis
2.1 State, Regional and Local Agency Plan/Policy Review
2.2 Analysis of Existing Conditions Study
2.3 Project Area-wide Origins-Destinations (Mobility), Intermodal Connectivity, and First/Last Mile Needs Analysis and Mapping
2.4 Equity Study
2.5 Accidents and Safety Analysis and Mapping
2.6 Needs Analysis
Task 3 Public Engagement Plan
3.1 Stakeholder Engagement Plan
3.2 Project Website, Social Media Interactive Town Hall, and Marketing/Publicity
3.3 Community Survey
3.4 Community Outreach Meetings, Open House Events, and Workshops (Varied In-person/Online)
Task 4 Policy Framework & Proposed Connectivity Projects
4.1 Goals, Objectives, Policies, and Performance Measures
4.2 Best practices – Design Elements Toolbox
4.3 Zoning Code Update Program
4.4 Proposed Affordable Housing Program of Projects
4.5 Proposed Bicycle Program of Projects
4.6 Proposed Pedestrian Program of Projects
4.7 Proposed ADA Program of Projects
4.8 Safe Routes to Schools Program of Projects
Task 5 Prepare Planning Documents (Draft and Final Plan)
5.1 Project Prioritization
5.2 Funding Sources and Strategies
5.3 Administrative Draft Bell Gardens TOC Specific Plan and Zoning Code Update; Environmental Scan, IS/MND
5.4 Release Draft Transit-Oriented Communities Specific Plan and Zoning Code Updates
5.5 Finalize Transit-Oriented Communities Specific Plan and Zoning Code Adoption Kickoff Project Team Meetings OUTREACH MILESTONES
Draft Deliverable for Review by City Planning Commission/Public Hearing A Website + Initial Social Media Posts D Interactive Town Hall (ongoing, 3.5 months) G Workshops 2 + 3 Final Deliverable Project Completion B Survey Released E Workshop 1 H In-Person Open House C Virtual Open House F Pop-Up Events (2)
A
B
C
D
E F G H
Project Schedule
209Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
12
3. Management and Staffing
Project Team
Kimley-Horn offers a highly skilled, experienced, and responsive team of professionals who have a proven record of successfully addressing the City’s needs for a program that provides a safe and reliable transportation network that serves all your residents and respects the environment. Kimley-Horn’s key staff members have a history of working effectively with local agencies and communities to develop strategies that will reach community audiences, stakeholders, proper owners, and developers.
Adam Maleitzke, AICP will be your main point of contact and project manager, and he will have primary responsibility for this project. Adam has been a key figure in the Los Angeles Greater Metropolitan Area, leading large-scale transportation, TOCs, and land use projects. Supporting Adam are specialists that include Monica Villalobos, who has over 20 years of experience overseeing award-winning community engagement strategies and is passionate about making sure the public is well informed of projects as well as heard, and Darryl DePencier, AICP , GISP , RSP2b, who has completed over 40 recent SSARs, LRSPs, and RSAs throughout Southern California and has the experience as well as the knowledge of statewide, regional, and local requirements to put together a successful first/last mile plan.
We are excited for you to meet and learn more about our team. Our organization chart is provided below, and resumes of our key staff, which include their special qualifications, training, credentials, titles, roles, qualifications, and experience, are provided on pages 13.
Organizational Chart
Management of Staffing
We have selected a team of seasoned professionals who offer the high level of responsiveness you need for this project. The depth of our staff in the required areas of expertise and our familiarity with your needs will allow us to maximize our coordination efforts while integrating resources, adhering to project schedules, and managing the budget effectively. With these processes in place, we can meet the technical and staffing needs anticipated for this contract.
We understand our clients expect us to manage and deliver project services effectively and expeditiously. Your project manager, Adam Maleitzke, AICP , will use our proactive management system known as “cast-aheads” to detail personnel needs and determine availability each month. Our cast-ahead system schedules and organizes 1-, 3-, and 6-month looks into each person’s future workload, providing an accurate tool for keeping projects on schedule. Based on a review of our cast-aheads, the individuals selected for this team are available immediately to serve you and are in an excellent position to handle the workload required to complete this project.
Specific Plan and Zoning Update
/ Xiaofan Li
Adam Maleitzke, AICP
Bryant de la Torre
First/Last Mile Planning
/ Darryl DePencier, AICP , GISP , RSP2B
Sri Chakravarthy, P .E., T.E.
Matt Horton, AICP
Tyler Lindberg, AICP
Equity and Outreach
Monica Villalobos
Tatiana Lundstrom, P .E.
Principal-in-Charge
Elizabeth Cobb
City of
Bell Gardens
Project Manager
Adam Maleitzke, AICP
Environmental
Jessie Barkley, AICP
Mayra Garcia, LEED GA
Implementation Plan
Alyssa Phaneuf, P .E. / = Task Lead
/ /
/
/ /
Strategic Advisor
Dave Barquist, AICP
210Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
13
Adam is a planner and urban designer with more than 17 years of experience leading large-scale transportation, TOC, and land use projects for clients throughout Southern California and beyond, and has worked in the private, public, and non-profit sectors. He is skilled at managing the preparation of master plans, station area plans, active transportation plans, streetscape plans, and feasibility studies, managing large multidisciplinary teams.
Adam has also led and facilitated stakeholder meetings and public engagement events to establish a project vision and forge consensus as part of small group sessions and large public events. Recent projects include station design and planning services for the California High Speed Rail Authority, Sound Transit, and LA Metro, as well as station area planning and Specific Plan preparation for emerging TOCs along emerging Light-Rail Transit (LRT) and commuter rail station areas. Adam excels in leading projects that seamlessly integrate land use and transportation and brings a critical skill set for designing walkable, livable communities that promote equity, and mobility, and lead to a climate-resilient future.
RELEVANT EXPERIENCE
• City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Project Planner • Riverside County Transportation Commission (RCTC), TOC Strategic Plan, Riverside County, CA* – Project Manager
• Sound Transit, Everett Link Extension and Operations and Maintenance Facility North, Seattle, WA – Project Planner
• San Bernardino County Transportation Authority (SBCTA)/Southern California Association of Governments (SCAG), Advanced Regional Rail Integrated Vision (ARRIVE) Corridor, San Bernardino, CA* – Senior Planner
• California High Speed Rail Authority (CHSRA), Los Angeles-to-Anaheim Project, Los Angeles to Anaheim, CA* – Director of Planning
• City of Palm Desert, Rail Station Feasibility Study, Palm Desert, CA – Senior Advisor • Omnitrans, West Valley Connector, San Bernardino, CA* – Project Manager • U-PLAN Community Planning Studio, St. Paul, MN* – Program Director • SCAG, High-Quality Transit Area Analysis, Los Angeles, CA* – Project Manager • SBCTA, Omnitrans West Valley Connector, San Bernardino, CA* – Project Manager • North County Transit District (NCTD), Solana Beach Transit Center Joint Development Plan, Solana Beach, CA* – Project Manager
• City of Long Beach, Downtown and TOD Pedestrian Master Plan, Long Beach, CA* – Project Manager
• St. Paul Metropolitan Council, TOD and Infrastructure Grant Management, St. Paul, MN* – Senior Planner
*Prior to joining Kimley-Horn
Adam Maleitzke, AICP
Project Manager
Education
• Master of Landscape
Architecture,
University of Minnesota
• Master of Urban and
Regional Planning,
University of Minnesota
• Bachelor of Arts,
Architecture, Urban Studies,
University of Minnesota
Professional Credentials
• American Institute of
Certified Planners, #027697
• Urban Land
Institute (ULI), Member
• American Planning
Association (APA), Member
Resumes
211Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
14
Elizabeth brings nearly 30 years of policy planning expertise with a comprehensive knowledge of land use development involving acquisition, forward planning, entitlement, financing, and implementation. She brings a unique mix of public and private experience to planning and land development services. She has managed projects through pre-development, and is responsible for preliminary site plans, evaluating infrastructure, site development costs, and directing the entitlement process for new developments, including General Plan amendments, zone changes, subdivision and CEQA compliance. Elizabeth has functioned as a project-level community liaison responsible for public outreach, public relations, and public hearings.
RELEVANT EXPERIENCE
• AT Dublin, Specific Plan and Entitlements, Dublin, CA – Project Manager • The Dunes, Specific Plan and Entitlements, Marina, CA – Project Manager • Eden Shores Industrial Park, Specific Plan Amendment, Hayward, CA – Project Manager • City of Seaside, Campus Town Project Management Services, Seaside, CA – Project Manager • City of Fremont, Fremont and Capitol Mixed-Use, Re-Entitlements, Fremont, CA – Project Manager • Hitachi Apartments, Entitlements for 600-Unit Apartment Development, San Jose, CA – Project Manager
• Capehart Residential, Entitlement Processing, Novato, CA – Project Manager • Hamilton Affordable Housing Program, Novato, CA – Project Manager • Randall Industrial, Entitlement for 140,000 SF Industrial, Huntington Beach, CA – Project Manager • City of Irvine, General Plan and Circulation Element Update, Irvine, CA – Project Manager • City of Irvine, Trail Master Plan Update, Irvine, CA – Project Manager • Tustin Legacy, Specific Plan, Design Guidelines and Entitlements, Tustin, CA – Project Manager • Vantis Mixed-Use, Specific Plan and Entitlements, Aliso Viejo, CA – Project Manager • ILARA Apartments, Entitlements for 200-unit Apartment Development, Milpitas, CA – Project Manager
• Mercado Mixed-Use Redevelopment, Entitlements, San Diego, CA – Project Manager • City of Carlsbad, City-Wide Traffic Mitigation Plan, Carlsbad, CA – Project Manager Elizabeth Cobb
Principal-in-Charge
Education
• Bachelor of Arts, Social
Ecology, University of
California, Irvine
• Associate, University of
Southern California
Professional Credentials
• Urban Land
Institute (ULI), Member
• American Planning
Association (APA),
Multifamily Local Council
Resumes
212Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
15
Dave has more than 25 years of public-and private-sector planning experience including extensive work in urban design, comprehensive planning, policy analysis and development, environmental analysis, local government policy, downtown revitalization planning, parks and recreation planning, sustainability, and land use analysis. He excels in utilizing community engagement and public outreach programs to guide public policy development.
Dave has led hundreds of public meetings and is well-versed in finding locally specific techniques and tools to engage the community in the planning process. As an expert in crafting local government policy, Dave brings a multi-disciplinary approach to meeting the needs of complex planning programs, including Specific Plans, General Plans, zoning codes, Housing Elements, and Development Code updates.
RELEVANT EXPERIENCE
• Rancho Los Amigos, South Campus TOD Specific Plan, Downey, CA – Project Manager • El Monte Transit Village Specific Plan, El Monte, CA – Project Manager • Downtown/Old Town Indio Specific Plan Update, Indio, CA – Project Manager • Yorba Linda General Plan Update and Community Outreach and Parks and Recreation Master Plan, Yorba Linda, CA – Project Manager
• Whittier Boulevard Specific Plan Moratorium Analysis and Amendment, Whittier, CA – Project Manager
• San Jacinto Downtown Specific Plan, San Jacinto, CA– Project Manager • Route 66 Corridor Specific Plan and Community Outreach, Glendora, CA – Project Planner • Imperial Highway Corridor Specific Plan and Community Outreach, La Mirada, CA – Project Manager
• Paseo San Gorgonio Specific Plan - SCAG Compass Blueprint Demonstration Project, Banning, CA – Project Manager
• CenterLine Urban Transit Corridor and Community Outreach and Transit-Supportive Development Guidelines, Orange County, CA – Project Planner
• Citywide Design Guidelines, Santa Ana, CA – Project Manager • University District Specific Plan, San Marcos, CA – Principal-in-Charge Dave Barquist, AICP
Strategic Advisor
Education
• Bachelor of Science, Urban
and Regional Planning,
California State Polytechnic
University, Pomona
• Society of College and
University Planners
Professional Credentials
• American Institute of
Certified Planners, No.
136746
• American Planning
Association (APA), Member
213Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
16
Darryl has been leading transportation safety projects for over 16 years, including over 40 recent SSARs, LRSPs, and RSAs. He has developed a number of tools to root out the spatial relationships between collision events to determine the factors and conditions that increase the probability of vehicle crashes. His experience ranges from establishing safety policy language to network screening, crash site engineering reviews, and developing countermeasure toolboxes. Darryl also conducts statistical analyses of crash activity using methods presented in the Highway Safety Manual, the Local Roadway Safety Manual, and customized analyses for unusual locations or conditions. He has worked on studies at the statewide, regional, local, and site-specific levels that incorporate all of the four Es of safety (engineering, education, enforcement, and emergency services). HIs work products include guidance documents, local roadway safety plans, safety thresholds, safety audits, and local countermeasure recommendations.
RELEVANT EXPERIENCE
• City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Project Manager • City of Menifee, LRSP , Menifee, CA – Project Manager • City of Palm Desert, LRSP , Palm Desert, CA – Project Planner • City of Fort Worth, Vision Zero Safety Plan, Fort Worth, TX – Project Planner • City of Los Angeles, Vision Zero Program Independent Evaluation, Los Angeles, CA – Project Planner
• City of Palmdale, Palmdale Sustainable Transportation Plan, Palmdale, CA – Project Manager and Task Lead
• Caltrans, 2020 - 2024 Strategic Highway Safety Plan, Statewide, CA – Project Planner • Caltrans, Vulnerable Road User Safety Assessment, Statewide, CA – Project Manager • Caltrans, Local Development Safety Review Guidelines, Statewide, CA – Project Manager • Caltrans, CMAS Safety Performance Management Target Setting Analysis, CA – Project Planner • City of Indian Wells, Safety Action Plan, Indian Wells, CA – Project Manager • City of Desert Hot Springs, LRSP Desert Hot Springs, CA – Project Manager • Imperial County, LRSP , Imperial County, CA – Project Manager • City of Ventura, SAR, Ventura, CA – Project Manager
Darryl DePencier, AICP , GISP , RSP2B
First/Last Mile Planning
Education
• Master of Science, Urban
Spatial Analytics, University
of Pennsylvania
• Bachelor of Arts, Geography,
Carleton University,
Ottawa, Ontario
• Certificate of Geographic
Information Systems,
Algonquin College,
Ottawa, Ontario
Professional Credentials
• American Institute of
Certified Planners, #026552
• Geographic Information
Systems Professional,
#59317
• Road Safety Professional
1, #279
• Road Safety Professional
2B, #17
214Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
17
Monica’s unique experience includes work at the intersection of transportation-oriented community planning, land use, environmental justice, and award-winning community engagement strategies. With 20 years of experience, she has a proven record as a technical expert and public engagement strategist on a variety of large-scale multidisciplinary transportation planning and policy projects. She has led transportation planning, outreach, and equity projects for San Diego Association of Governments (SANDAG), LA Metro, SCAG, and multiple cities. She led the SR 78 and SR 76 CMCP and Flexible Fleets Plan and is leading outreach efforts for several other SANDAG transportation projects, including the Zero-Emission Vehicle Incentive Program, Transit Subsidy Impact Study, and Next Operating System (OS) Business Plan. She has worked closely with key decision makers, community groups, stakeholders, elected officials, and the public.
RELEVANT EXPERIENCE
• LA Metro, Eastside Transit Corridor Phase 2, Los Angeles, CA* – First/Last Mile (FLM) Lead • LA Metro, C Line Extension to Torrance, Los Angeles, CA* – FLM Lead • LA Metro, K Line Northern Extension, Los Angeles, CA* – TOD, TOC, FLM Lead • LA Metro, Vermont Transit Corridor, Los Angeles, CA* – Equity Lead • City of Palmdale, Palmdale Sustainable Transportation Plan, Palmdale, CA* – Equity Lead • City of Indian Wells, Comprehensive Traffic Safety Action Plan, Indian Wells, CA* – Equity Lead • SCAG, Sustainable Communities Strategies Outreach, Southern California – Strategic Outreach Advisor
• SANDAG, SR 78 CMCP , Southern CA* – Project Lead
• SANDAG, SR 67 CMCP , Southern CA* – Project Lead
• SANDAG, Flexible Fleets Plan, Southern CA* – Project Lead • SANDAG, Zero-Emission Vehicle Incentive Plan, Southern CA* – Project Lead *Prior to joining Kimley-Horn
Monica Villalobos
Equity and Outreach
Education
• Doctor of Philosophy,
City and Regional
Planning, University of
California, Berkeley
• Master of Regional Planning,
City and Regional Planning,
Cornell University
• Bachelor of Science,
Community and Regional
Development, University of
California, Davis
215Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
18
Jessie is an environmental planner with over 20 years of experience. She is a skilled CEQA and NEPA practitioner that has led and contributed to numerous projects for a variety of project types, including mixed-use, entertainment, redevelopment, infrastructure, commercial, energy, and long-range community plans. Jessie’s responsibilities include directing project teams; preparing and managing project work plans, scopes, schedules, and budgets; conducting senior-level review of draft work products; interfacing with clients, subconsultants, and agency staff; and marketing services among existing and prospective clients. Throughout her career, Jessie has supported a wide array of complex environmental documents (Program EIRs, Project EIRs, EIR Addendums, Supplemental EIRs, Sustainable Community Environmental Assessments, and Mitigated Negative Declarations) for all project types including Specific Plans, General Plans, Area Plans, and project level mixed-use and TOD.
RELEVANT EXPERIENCE
• Soledad Canyon MND, Santa Clarita, CA* – Project Manager • Metrowalk Sustainable Community Environmental Assessment (SCEA), Santa Clarita, CA* – Project Manager
• City of Glendale, 1420 Valley View EIR, Glendale, CA* – Project Manager • Crown Group, 1111 S. Hill Street Sustainable Community Environmental Assessment, Los Angeles, CA – Project Manager
• Essex Properties, Sunset Boulevard Project EIR, Los Angeles, CA* – Project Manager • Los Angeles World Airport, West Maintenance Airfield Area Project EIR, Los Angeles, CA* – Project Manager
• 2020 Los Angeles River Master Plan Program EIR, Los Angeles, CA* – Task Lead • Long Beach Port Master Plan EIR, Long Beach, CA* – Project Manager • City of Riverside, General Plan EIR, Riverside, CA* – Project Director • Los Angeles Bureau of Engineering, Environmental Reviews for Bridge Housing Homeless Services Projects, Los Angeles, CA* – Project Manager
• DJM Capital, Bella Terra Mall Redevelopment, Huntington Beach, CA – Project Manager *Prior to joining Kimley-Horn
Jessie Barkley
Environmental
Education
• Master of Arts, Urban and
Regional Planning, University
of California, Irvine
• Post-Graduate
Certificate, Marketing and
Communications, University
of California, Irvine
• Bachelor of Arts, Geography,
University of British
Columbia, Vancouver
216Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
19
Alyssa has over 25 years of experience in the transportation industry. She has helped engage stakeholders on complex issues ranging from tolling and equity conversations to multi-agency system operations on the San Francisco-Oakland Bay Bridge. She has a strong technical background and uses her planner and engineering training to explain complex engineering challenges in a non-technical way. She has used this skill to write successful grant applications for her clients for funding for a variety of different projects, including HOV lanes, transit improvements, and transportation technology projects. She has won hundreds of millions of dollars in Senate Bill 1 (SB1) funding, Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grants, Infrastructure for Rebuilding America (INFRA) funding, Transportation Investment Generating Economic Recovery (TIGER) funds, Corridor Mobility Improvement Account (CMIA), Proposition 1B, and Metro Call for Projects, among others. She understands that the key to a successful grant application is a story backed by data-driven analysis.
Alyssa has the unique ability to translate stakeholder needs into transportation solutions.
RELEVANT EXPERIENCE
• San Diego Association of Governments (SANDAG), Advancing Connectivity and the Economy through Technology in the San Diego Region, Advanced Transportation and Congestion management Technologies Deployment (ATCMTD) Grant, San Diego, CA – Project Manager • Caltrain, Operations Communications Plan, San Carlos, CA – Task Lead • Bay Area Toll Authority (BATA) and Metropolitan Transportation Commission (MTC), Bay Bridges Metering Lights System Upgrade, Oakland, CA – Task Manager • Caltrans, I-5 Express Lanes (I-5 North Coast Corridor), San Diego, CA – Systems Engineer • SANDAG, Regional Transportation System Management and Operations (TSMO) Plan, San Diego, CA – Project Manager
• SANDAG, I-805 Direct Access Ramp Tolling Study, San Diego, CA – Project Engineer • LA Metro, I-10/I-110 Express Lanes - Roadside Toll Collection System (RTCS), Los Angeles, CA – Project Engineer
Alyssa Phaneuf, P .E.
Implementation Plan
Education
• Master of Science, Civil
Engineering, Georgia
Institute of Technology
• Master of City and
Regional Planning, Georgia
Institute of Technology
• Bachelor of Science, Civil
and Engineering, University
of California, Berkeley
Professional Credentials
• Professional Engineer in
California, #63123
217Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
20
Sri has more than 20 years of traffic operations and transportation engineering experience. Since beginning his career with Los Angeles County prior to joining Kimley-Horn, Sri has participated in a wide variety of traffic signal synchronization, ITS, TIA’s, operations projects, and on-call traffic engineering services. His project management experience includes traffic signal operations, traffic signal design, traffic impact studies, corridor planning, signal justification studies, site specific traffic circulation and safety studies. His key areas of expertise include traffic signal timing, signal design, ITS, transportation modeling, grant applications, and statistical analysis.
RELEVANT EXPERIENCE
• City of Culver City, Ivy Station TOD, Culver City, CA – Project Manager • Trammell Crow Company, North Hollywood Station, North Hollywood, CA – Project Engineer • City of Whittier, Whittier Boulevard Specific Plan, Whittier, CA – Project Engineer • City of Downey, Paramount Boulevard Fiber Optic Communication System, Downey, CA – Project Manager
• City of Downey, Imperial Highway Fiber Optic Communication System, Downey, CA – Project Engineer
• City of Los Angeles, Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA – Principal-in-Charge
• City of Malibu, PCH Mobility Improvements at Various Locations, Malibu, CA – Principal-in-Charge • City of Malibu, Civic Center Way Roadway Improvements, Malibu, CA – Principal-in-Charge • City of Santa Monica, Ocean Park Boulevard Complete Green Street Project, Santa Monica, CA – Traffic Engineering Lead
• City of Santa Monica, Bicknell Avenue Green Street Complete Street, Santa Monica, CA – Traffic Engineering Lead
• City of Lancaster, Lancaster Health District Complete Streets Study, Lancaster, CA – Project Manager
• City of Thousand Oaks, Rancho Road Sidewalks and Bike Lanes Improvement Project, Thousand Oaks, CA – Project Engineer
• City of Calabasas, Mulholland Highway Scenic Corridor, Calabasas, CA – Traffic Engineer • City of Culver City, Culver Boulevard Realignment and Stormwater Management Study, Culver City, CA – Project Engineer
• City of Agoura Hills, Areawide School Traffic Study, Agoura Hills, CA – Project Manager • City of Moorpark, Los Angeles Avenue Traffic Operations Study, Moorpark, CA – Project Manager • LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles to Pasadena, CA – Project Engineer
• LA Metro, SR 138 Corridor Improvement Project PA&ED, Los Angeles, CA – Traffic Operations Lead Sri Chakravarthy, P .E., T.E.
First/Last Mile Planning
Education
• Master of Science, Civil
Engineering, Louisiana
State University
• Bachelor of Science, Civil
Engineering, Kakatiya
University, India
Professional Credentials
• Professional Civil Engineer
in California, #73629
• Professional Traffic Engineer
in California, #2531
218Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
21
Tatiana has more than five years of experience on a variety of transportation projects from the perspective of both design and outreach. As an outreach coordinator, she has led school walk audits, safe school outreach, project workshops with the public, canvassing at community events, and scheduling, planning, and coordination for Active Transportation Plans (ATP) and Transportation Safety Action Plans. Tatiana’s excellent written and verbal communication skills—combined with her ambition and passion for the industry as well as her drive to develop creative solutions—have allowed her to produce numerous quality products in a timely manner.
RELEVANT EXPERIENCE
• Caltrans, California Strategic Highway Safety Plan (SHSP) Update and Implementation, Statewide, CA – Analyst
• City of San Marcos, ATP , San Marcos, CA – Analyst
• Jamul Indian Village, SR 94 Improvements - NEPA, EIR, PA/ED, and PS&E, Jamul, CA – Analyst • Caltrans, I-5 North Coast - PA&ED, PS&E, San Diego, CA – Analyst • Caltrans, Staff Augmentation I-5 HOV Extension PS&E, and San Elijo Lagoon Bridge, San Diego, CA – Analyst
• SANDAG, Orange Bikeway Final Design, San Diego, CA – Analyst Tatiana Lundstrom, P .E.
Equity and Outreach
Education
• Bachelor of Science,
Civil Engineering,
Clemson University
• Bachelor of Arts,
Modern Languages,
Clemson University
Professional Credentials
• Professional Engineer in
California, #95416
219Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
22
Matt is a planner with a broad range of experience in public involvement, mobility planning, and GIS analysis and has 12 years of experience. After starting his career working for Metro Transit’s (MN) Bus and Rail Operations department, Matt took a position with Kimley-Horn to dedicate 100% of his time to transportation planning projects. While at Kimley-Horn, Matt has been focused on improving public policy decision-making through spatial analytics, multidisciplinary integration, and implementable solution development. Matt served as the deputy project manager for SANDAG for the Mid-Coast Mobility Hubs Implementation Plan and has led a variety of Mobility Hub related projects.
RELEVANT EXPERIENCE
• SANDAG, Mid-Coast Corridor Mobility Hub Implementation Strategy, San Diego, CA – Deputy Project Manager
• CCTA, Shared Mobility Hubs, Contra Costa County, CA – Project Planner • SANDAG, Flexible Fleets Implementation Strategic Plan, San Diego, CA – Task Manager • SANDAG, North County (SR 78) CMCP , San Diego, CA – Deputy Project Manager • SANDAG, San Diego and Western Riverside Counties Regional Park and Ride Strategy, San Diego/ Western Riverside, CA – Project Manager
• City of Carlsbad, Trolley Program Feasibility Study, Carlsbad, CA – Project Manager • City of San Diego, Balboa Avenue Transit Station Specific Plan, San Diego, CA – Project Planner • City of Carlsbad, Village, Barrio, and Beach Area Parking Management Plan, Carlsbad, CA – Project Planner
• VTA, Tamien Station TOD and Parking Study, San Jose, CA – Project Planner • City of Carlsbad, Transit and Travel Demand Management Baseline Assessment, Carlsbad, CA – Project Manager
• SANDAG, San Diego Regional Military Multimodal Access Strategy, San Diego, CA – Project Planner • City of San Diego, University City Mobility Element, San Diego, CA – Project Planner • City of San Diego, Mira Mesa Mobility Element, San Diego, CA – Project Planner • Bay Area Rapid Transit (BART), Silicon Valley (BSV) Phase II, San Jose, CA – Project Planner Matt Horton, AICP
First/Last Mile Planning
Education
• Master of Urban and
Regional Planning,
University of Minnesota
• Bachelor of Arts, Geography
and History, Gustavus
Adolphus College
Professional Credentials
• American Institute of
Certified Planners, #027891
220Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
23
Tyler is a transportation analyst with 10 years of experience in both transportation planning and engineering. He has worked on projects directing tasks such as research and data collection, geospatial analysis, assessment of transportation operations and safety conditions, identifying targeted solutions to improve pedestrian and bicycle safety, and traffic calming. Tyler has experience dissecting municipal plans and policies on a wide range of transportation topics and has provided support for grant applications. He also has extensive experience conducting traffic impact analyses, corridor analyses, traffic signal synchronization, and in traffic management centers. He is proficient in utilizing GIS technologies, with big data resources including Streetlight and Replica, in traffic analysis software such as Synchro and TransCAD, and in real-time traffic monitoring and control software such as Maxview and Transparity.
RELEVANT EXPERIENCE
• City of Lancaster, Safe Routes to School (SR2S) Master Plan Refresh, Lancaster, CA – Analyst, Task Manager
• City of Lancaster, LRSP , Lancaster, CA – Analyst
• City of Lancaster, RAISE Grant, Lancaster, CA – Analyst • City of Bakersfield, Neighborhood Traffic Calming Program (NTCP), Bakersfield, CA – Analyst, Task Manager
• City of Bakersfield, ATP , Bakersfield, CA –Analyst, Task Manager • City of Bakersfield, Niles-Monterey Complete Streets RAISE Grant, Bakersfield, CA – Analyst • City of Palmdale, Sustainable Transportation Plan, Palmdale, CA – Analyst • Orange County Transportation Authority (OCTA), Santa Ana Transit Cooperative Study, Santa Ana, CA – Analyst
Tyler Lindberg, AICP
First/Last Mile Planning
Education
• Master, Planning, University
of Southern California
• Bachelor of Arts, Geography,
University of Miami,
Coral Gables, FL
Professional Credentials
• American Institute of
Certified Planners, #34817
221Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
24
With more than 17 years of comprehensive planning experience in private sectors, Xiaofan has proven her excellence in land use planning and senior management roles. She has successfully prepared regulatory documents and entitlement packages for a wide range of projects, from small in-fill developments to large- scale, master-planned communities. As a senior project manager, her expertise lies in effectively organizing and coordinating detailed documentation while skillfully managing the production team. Xiaofan’s strong client communication and adeptness in interfacing with local governments and officials make her a valuable asset in delivering successful planning outcomes.
RELEVANT EXPERIENCE
• Alberhill Business Park PDP , Lake Elsinore, CA – Planner • Alberhill Villages Specific Plan, Lake Elsinore, CA – Planner • Curtis and Atawba PUD Design Guidelines, Fontana, CA – Planner • Sierra Crest PUD Design Guidelines, Fontana, CA – Planner • The Monroe Specific Plan, Monrovia, CA – Project Manager • Heritage Park Design Guidelines, Moreno Valley, CA – Project Manager • Parkway Village Specific Plan, Lancaster, CA – Project Manager • Thousand Oaks Ranch Specific Plan, Thousand Oaks, CA – Project Manager • The Oaks Specific Plan, Thousand Oaks, CA – Project Manager • Starlite Specific Plan, El Monte, CA – Project Manager • Leal Master Plan, Eastvale, CA – Project Manager
• Arantine Hills Specific Plan, Corona, CA – Project Manager • Rancho San Gorgonio Specific Plan, Banning, CA – Project Manager • La Entrada Specific Plan, Coachella, CA – Project Manager • Downtown Commercial Core Plan, Tustin, CA – Project Manager • Brea 265 Specific Plan, Brea, CA – Project Manager
• Monarch Beach Resort Estates, Dana Point, CA – Project Manager • Melrose Heights, Carlsbad, CA – Project Manager
• Nixon Presidential Library Master Plan, Yorba Linda, CA – Project Manager • City of West Covina, Code Updates, West Covina, CA – Project Manager • ChengDu RenShou Master Plan, Chengdu, China – Project Manager Xiaofan Li, AICP , LEED AP
Land Use and Community Planning
Education
• Master of Urban
Planning, University of
Southern California
• Bachelor of Civil
Engineering,
YanShan University
Professional Credentials
• LEED
Accredited Professional
• American Institute
of Certified Planners
(AICP), Member
222Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
25
Bryant is a land planning analyst with 3 years of public-and private sector planning experience including extensive work in comprehensive planning, policy analysis and development, local government policy, and land use analysis. He brings a multi-disciplinary approach to meeting the needs of complex planning programs, including Specific Plans, General Plans, Zoning Codes, Housing Elements, and Development Code updates.
Bryant excels in utilizing community engagement and public outreach programs to guide public policy development. Bryant has led public meetings and is well-versed in finding locally specific techniques and tools to engage the community in the planning process with experience in preparing and conducting a variety of community engagement efforts specific to a community’s needs, including public hearings, workshops, stakeholder meetings, surveys, and outreach and advertising. Bryant has experience in coordinating with state and local agencies and community organizations for compliance with state requirements while also addressing the specific needs of the community.
RELEVANT EXPERIENCE
• City of Brea, Inclusionary Housing Ordinance Update, Brea, CA – Task Manager • City of Pico Rivera, Washington and Rosemead Boulevards Transit-Oriented Development Specific Plan, Pico Rivera, CA – Task Manager
• City of Fontana, Walnut Village Specific Plan, Fontana, CA – Planning Analyst • City of Arcadia, Rezones and Code Amendments Implementation Program - 6th Cycle Housing Element Update, Arcadia, CA – Task Manager
• City of Calexico, 6th Cycle Housing Element Update, Calexico, CA – Project Manager • City of Placentia, 6th Cycle Housing Element Update, Placentia, CA – Project Manager • County of San Benito, 6th Cycle Housing Element Update, San Benito County, CA – Task Manager • City of Anaheim, 6th Cycle Housing Element Update, Anaheim, CA – Task Manager • City of Calimesa, 6th Cycle Housing Element Update, Calimesa, CA – Task Manager • City of Fillmore, 6th Cycle Housing Element Update, Fillmore, CA – Task Manager • City of Murrieta, 6th Cycle Housing Element Update, Murrieta, CA – Task Manager • City of Hemet, 6th Cycle Housing Element Update, Hemet, CA – Task Manager • City of Pico Rivera, 6th Cycle Housing Element Update, Pico Rivera, CA – Task Manager • City of Santa Cruz, 6th Cycle Housing Element Update, Santa Cruz, CA – Planning Analyst • City of Scotts Valley, 6th Cycle Housing Element Update, Scotts Valley, CA – Planning Analyst • City of Villa Park, 6th Cycle Housing Element Update, Villa Park, CA – Planning Analyst • City of Dublin, 6th Cycle Housing Element Update, Dublin, CA – Planning Analyst • City of Huntington Beach, 6th Cycle Housing Element Update, Huntington Beach, CA – Planning Analyst
• City of Newport Beach, 6th Cycle Housing Element Update, Newport Beach, CA – Planning Analyst • City of Brentwood, 6th Cycle Housing Element Update, Brentwood, CA – Planning Analyst Bryant De La Torre
Land Use and Community Planning
Education
• Master, Urban and
Regional Planning,
California State Polytechnic
University, Pomona
• Bachelor of Arts,
Environmental
Studies, University of
California, Santa Barbara
223Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
26
Mayra brings two years of experience in environmental planning. She has prepared technical studies with an emphasis on air quality, greenhouse gas emissions, and noise and environmental documentation pursuant to CEQA. She has worked on a diverse set of project types, including transportation projects, affordable housing projects, large scale residential housing, and industrial solar projects. She has assisted in preparing a range of CEQA documentation, ranging from Categorical Exemptions to IS/MNDs and EIRs.
RELEVANT EXPERIENCE
• Baranof Holdings, 956 Seward Project CE, Los Angeles, CA – Analyst • Bardas Investment Group, Las Palmas IS/MND, Los Angeles, CA – Analyst • Icon & Ikon, Inc., Madison Residences CE, Culver City, CA – Analyst • LeSar Development Consultants, Palmdale Housing Opportunity Project IS/MND, Palmdale, CA – Analyst
• CIM Group Acquisition, LLC, 10510 Culver Boulevard Project CE, Culver City, CA – Analyst • City of Beverly Hills, 227 S. Tower Street CE, Beverly Hills, CA – Analyst • City of Commerce, Mixmaster Project, Commerce, CA – Analyst • City of Long Beach, 5910 Cherry Avenue Industrial Project EIR, Long Beach, CA – Analyst • City of Long Beach, 5150 Pacific Coast Highway Initial Study, Long Beach, CA – Analyst • City of San Gabriel, Rubio Village IS/MND, San Gabriel, CA – Analyst • City of Temple City, Pacific Las Tunas Mixed-Use Project CE, Temple City, CA – Analyst • Lindblade Media Center Owner, LLC, 8960 Washington Boulevard Project CE, Culver City, CA – Analyst
• LA Metro, Confidential EIR, Los Angeles, CA – Analyst • Pacific Plaza Premier Development Group, Monterey Park Mixed Use Project IS/MND, Monterey Park, CA – Analyst
• Riverside CSG, 1 LLC, Riverside CSG Solar Project IS/MND, Riverside County, CA – Analyst • Terra-Gen, Desert Breeze Solar Project EIR, San Bernardino County, CA – Analyst • Wilsona CSG, 1 LLC, Wilsona CSG Solar Project IS/MND, Los Angeles County, CA – Analyst Mayra Garcia
Environmental
Education
• Master of Urban
Planning, University of
Southern California
• Bachelor of Arts,
urban Studies and
Planning, University of
California, San Diego
Professional Credentials
• LEED Green
Associate, 11404201
224Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
27
4. Minimum Qualifications, Prior Related Experience and References
Summary of Experience with Similar Kinds of Work
Kimley-Horn maintains an experienced team with proven experience in General Plan, Specific Plan, Development Code, zoning codes, comprehensive planning, Housing Element Update Preparation, environmental analysis, technical studies, permitting, and public outreach for public and private policy programs and development projects, including single- and multi-family residential, commercial, retail, and institutional developments, in California and nationwide.
The Kimley-Horn team provides a full range of in-house services, including:
Planning Environmental Design
General Plans and Specific
Plans
California Environmental Quality Act (CEQA) including
Initial Studies, Environmental Impact Reports, Addenda
Traffic/Transportation
Development Code National Environmental Policy Act (NEPA) including Categorical Exclusions
Planning and Design
Community Engagement Exclusions, Environmental Assessments, and Environmental Impact Statements
Urban Design
Mobility Planning Traffic and Parking Impact Analyses Landscape Architecture Housing Elements Hazardous Materials Assessment and Initial Site Assessment (ISA)
Visual Simulations
Entitlement Processing Hydrology and Hydraulics Master Planning and Entitlements Zoning Codes Water Quality Management Plans Community Infrastructure and Utilities Feasibility Studies Preliminary Environmental Assessment Report (PEAR) Discretionary Case Processing Preliminary Environmental Study (PES) Staff Support Services Geographic Information Systems (GIS) Agency Permit Processing
Visual Impact and Shade/Shadow Analyses
Mitigation Monitoring and Reporting Programs (MMRP)
Planning Services
The Kimley-Horn planning team consists of seasoned professionals in the preparation of Housing Elements, General Plans, development regulations and zoning codes, design guidelines, and master plans for various public clients on projects involving a variety of municipal issues. Our staff is actively involved in all aspects of projects for our clients, including public participation, community visioning, regulatory and policy planning, entitlements, Specific Plans, land use scenario planning, implementation strategies, cultural and natural resources, and intergovernmental coordination. Our team is experienced in providing multi-agency project facilitation and working with community groups, special interests, and local decision-makers to successfully lead projects through the approval process. In addition, our team has positive ongoing relationships with state agency staff, including the Department of Housing and Community Development.
General Plans and Specific Plans
Our team of planning professionals understands the interrelated nature of development policy and employs a “360-degree” view of planning. We incorporate this holistic approach in our projects, and create plans, programs, and processes that are effective tools for guiding future growth and change. Our team has developed General Plan policies for numerous jurisdictions throughout California and is well-versed in the new legislative requirements, including AB 1358, the Complete Streets Act, AB 32, and Land SB 375. Kimley-Horn also has extensive experience in the development of Specific Plans, primarily focused on existing urbanized environments. Our plans provide for customized development, design guidance, development standards, and entitlement procedures. Additionally, our experience includes the development of public improvements, such as streetscape/urban design, infrastructure, appropriate parking facilities, and other community amenities. 225Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
28
Our team has developed Specific Plan land use programs, policies, and implementation programs for numerous jurisdictions and developers throughout California. Our planning staff has a wide range of experience with comprehensive plans, land development controls and design standards, and master planning for various public clients involving far-reaching municipal issues. Our knowledge of critical planning elements, such as regulatory and policy planning, entitlements, comprehensive plans, land use scenario planning, implementation strategies, environmental review, and intergovernmental coordination, helps us provide truly comprehensive planning services for our clients. Kimley-Horn’s staff has developed numerous Specific Plans, General Plans, community and neighborhood plans, zoning ordinances, subdivision regulations, overlay districts, and planned unit development agreements. Our personnel have even worked as an extension of staff for numerous municipal agencies to support every aspect of Specific Plan approval, from plan review for consistency with existing policies to preparation of entitlements and representation at public meetings and hearings. Kimley-Horn staff have experience in taking a lead role on major planning projects and guiding clients through all phases of the process.
Land Use Planning and Zoning
Kimley-Horn’s long history of land planning encompasses planned communities, shopping centers, office complexes, in-fill development, and major mixed-use developments. As part of our pre-development services, we provide an analysis of each property for its highest and best use given current and future markets, investigate existing regulatory constraints, and explore alternative development concepts. Our land use regulatory specialists have also successfully updated zoning policy for multiple public agencies. Our team has authored comprehensive updates to zoning/development codes and provided tailored amendments, such as overlay zones, mixed-use development standards, affordable housing, and TOD.
Community Engagement
Kimley-Horn’s planning staff has developed and implemented hundreds of community engagement processes throughout the country. We understand the dynamic nature of outreach and have used a variety of engagement techniques, including bilingual facilitation, web-based participation, visual preference surveys, community workshops, phone surveys, focus groups, and digital and print media. Kimley- Horn routinely prepares materials and facilitates public outreach programs, including community workshops and charrettes, public scoping meetings, public hearings, and briefings to elected officials, committees, and City staff. For some projects, workshops, meetings, and/or targeted outreach efforts may be appropriate to provide a forum for meaningful community input.
Environmental Assessment Services
Kimley-Horn provides a full range of environmental services for projects requiring CEQA review. Our environmental compliance managers have worked on numerous complex, multidisciplinary projects requiring technical expertise, creative solutions for design modifications or mitigation, public outreach, transparent communication, and a thorough understanding of local, state and federal regulations.
Kimley-Horn’s environmental documents are supported by in-house professionals with expertise in civil engineering, land development, hydrology, water quality, water and wastewater, traffic analysis, transportation planning, aviation, landscape architecture, and GIS.
Kimley-Horn produces environmental documents that are sensitive to the public’s concern for resource protection and community impacts as well as to the real-world issues associated with the cost and feasibility of implementing mitigation programs. Our team draws on years of experience with public works improvements to develop understandable documents and to assess project designs that minimize impacts to the natural environment and community. Whether our role is to prepare CEQA or NEPA documents and technical studies, or to peer-review this information, we understand the inherent complexities of processing projects through the environmental processes. On all environmental projects, we work extensively with our internal partners, agency staff, and clients to create the appropriate technical approach for the document and scope of related technical studies. Our staff has an excellent track record of preparing thorough CEQA documents that are capable of withstanding challenge.
Familiarity with Applicable State and Federal Regulations Kimley-Horn has extensive experience assisting local jurisdictions navigate through the increasingly complex process required by the CEPA, NEPA, and additional legislation such as SB 375 and AB 32. We assist with NEPA clearance, coordinating directly with Caltrans Local Assistance, and also in accordance with the Local Assistance Procedures Manual (LAPM). Effective environmental analysis does not just identify impacts, but also finds creative solutions to identify and resolve important environmental concerns. This critical part of the environmental and planning process is best integrated into the initial stages of project development. By encouraging involvement early in the project planning process, we can provide input to our clients that can avoid and reduce environmental effects and facilitate the environmental and entitlement process. Kimley-Horn is one of the few firms in California that offers services in both environmental review and comprehensive planning and design. Kimley-Horn’s extensive experience and analytical and management approaches result in comprehensive, easily understood, and legally defensible documents.
226Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
29
Project Experience and References
City of Bakersfield, Active Transportation Plan, Bakersfield, CA Kimley-Horn is working with the City of Bakersfield to develop a comprehensive ATP that will inform the City’s Capital Improvement Program for the next 10 years. The plan will support development of a long-term vision for a citywide bicycle and pedestrian system, identify gaps in the current system, and prioritize improvements to enhance multimodal transportation opportunities and provide a more equitable transportation system. One activation that has taken place since implementing this plan was the Bakersfield Active Transportation Summit and Festival Spotlight, where Kimley-Horn was able to draw in a diverse crowd to provide information about the ATP as well as engage with local community organizations and stakeholders. Marketing material was provided in English, Spanish, and Punjabi.
Reference:
Ed Murphy, Civil Engineer III
City of Bakersfield
P: 661.326.3958
E: [email protected]
🔑 Key Staff: Darryl DePencier, Tyler Lindberg, Tatiana Lundstrom, Adam Maleitzke ⏱ Time Period: May 2021 – Current
City of Pico Rivera, TOD Specific Plan for the Gold Line Eastside Extension at Washington and Rosemead Boulevards, Pico Rivera, CA
Kimley-Horn is preparing the Washington/Rosemead TOD Specific Plan in the City of Pico Rivera. The Specific Plan is in response to the LA METRO’s Gold Line Extension, bringing urban light rail through the City. The Specific Plan seeks to enhance economic development and create additional opportunities for living, working, and shopping in a compact, mixed-use environment. The 375-acre plan area provides for significant changes in urban density, mix of uses, and public improvements in to increase local mobility and enhance community design.
Reference:
Jazmin Faccuseh, Senior Analyst
City of Pico Rivera
P: 562.801.4331
E: [email protected]
🔑 Key Staff: Dave Barquist, Adam Maleitzke, Matt Horton, Sri Chakravarthy ⏱ Time Period: August 2020 – Current
Riverside County Transportation Commission (RCTC), Transit-Oriented Communities Strategic Plan, Riverside County, CA*
Adam provided station area visioning and TOC strategies to promote transit-oriented development at eight station areas along the SR 91/ Riverside and Perris Valley transit corridors. The TOC plan addresses the Metrolink commuter line connecting communities in Riverside County to Los Angeles and Orange Counties for the RCTC. The study area includes eight stations along the SR 91/Perris Valley Lines, from Corona-West to Perris-South, connecting through downtown Riverside. The historically suburban development pattern along the line ranges from higher density, walkable streets to large, undeveloped properties along the eastern end of the line. The study will be guided by three advisory committees and a robust public engagement program, and will examine active transportation and smart mobility solutions, economic development strategies, and specific infrastructure investments that will remove barriers to implementing transit-oriented communities.
Reference:
Jay Eastman, AICP , Assistant Director
City of Tustin
Community Development
300 Centennial Way, Tustin, CA 92780
P: 714.573.3101
E: [email protected]
(Previously Principal Planner at City of Riverside)
*Project of Adam Maleitzke prior to joining Kimley-Horn 227Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
30
🔑 Key Staff: Adam Maleitzke
⏱ Time Period: September 2021-November 2023
LA Metro, Southeast Transit Corridor LRT Stations in South Gate and Paramount, Paramount, CA Mr. Maleitzke was responsible for station area planning services for proposed LA Metro Southeast Transit Corridor light rail transit (LRT) stations in South Gate, Vernon, and Paramount, CA. The Station Area Plan provides guidance on how areas within 0.5 miles of the stations could be developed over time, complementing the future Southeast Gateway Transit Corridor. The plan preserves the existing urban fabric while promoting new economic growth by identifying pedestrian and bicycle improvements and community development opportunities for residents and businesses. Mr. Maleitzke and his team held an interactive workshop to explore active transportation and development opportunities, held pop-up events at community festivals, hosted a walking tour of the sites, and managed a robust online outreach presence to more directly engage residents. These efforts led to the creation of a conceptual vision plan to guide the station areas before and after LRT service commences. Following completion of the vision plan, Mr. Maleitzke’s team was awarded a contract by the Southern California Association of Governments to prepare a TOC Specific Plan that will implement many of the strategies and ideas proposed in the vision plan.
Reference:
John King, AICP , Assistant Planning Director
City of Paramount
16400 Colorado Avenue, Paramount, CA 90723
P: 562.220.2049
E: [email protected]
*Project of Adam Maleitzke prior to joining Kimley-Horn 🔑 Key Staff: Adam Maleitzke
⏱ Time Period: June 2018- June 2019
LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles County, CA Kimley-Horn was the prime consultant for an 18-mile BRT project connecting the San Fernando Valley with the San Gabriel Valley that encompasses the North Hollywood and Eagle Rock districts of Los Angeles along with the Cities of Burbank, Glendale, and Pasadena.
The effort led the project through alternatives analysis, CEQA environmental approval, and preliminary engineering, with the route including a combination of street-running and freeway-based alignments. The project, which is a key element of LA Metro’s Twenty-Eight by ’28 Vision in preparation for the 2028 Summer Olympics, will connect the LA Metro North Hollywood B (Red) Line (heavy rail) and G (Orange) Line (BRT) Station with the L (Gold) Line in Pasadena. The project is emphasizing LA Metro’s emerging Transit Oriented Communities (TOC), First/Last Mile, and Sustainability initiatives, with more than 20 station options being selected based on a wide range of metrics, including Value Capture potential. The project provides a “showcase” of BRT prototypes applicable to a wide regime of urban roadways, ranging from narrow constrained minor arterials to major boulevards, and also provides complete street solutions integrating on-street bus lanes and BRT stations with vehicular traffic movements, bicycle facilities, sidewalks and the pedestrian realm, and active transportation projects.
🔑 Key Staff: Darryl DePencier
⏱ Time Period: May 2018 - Current
LA Metro, Eastside Transit Corridor Phase 2, Las Angeles, CA Previously in Advanced Conceptual Engineering (ACE), VICUS (Monica’s previous employer) served as the task lead for the development of the First/Last Mile (FLM) Plan for the Eastside Phase 2 Transit Corridor Project. To gather community input and feedback that will inform the development of FLM recommendations, Monica worked closely with the outreach lead to conduct extensive multilingual community engagement. Engagement activities included but were not limited to walk audits, community pop-ups, station tours, and surveys. 🔑 Key Staff: Monica Villalobos (Work done prior to joining Kimley-Horn) ⏱ Time Period: 2019 - 2024
228Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
31
SCAG, Sustainable Communities Strategies Outreach, Southern California SCAG’s Connect SoCal outreach program engaged the public and stakeholders throughout Southern California as part of the agency’s RTP/ SCS update. Monica served as a strategic outreach advisor, supporting the development of the Connect SoCal outreach program for the six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) and 191 cities within the SCAG region. Monica supported public engagement activities, provided strategic advice on engagement, and facilitated meetings throughout SCAG’s six-county region. 🔑 Key Staff: Monica Villalobos (Work done prior to joining Kimley-Horn) ⏱ Time Period: 2019 - 2019
LA Metro, Vermont Transit Corridor, Las Angeles, CA
The Vermont Transit Corridor project aims to explore the implementation of bus rapid transit to increase transit access and connectivity along Vermont Avenue between Hollywood Boulevard and 120th Street. Monica served as the task lead for equity data collection and the development of the Transit Oriented Communities Opportunities Report. She led the equity outreach process, in which the team conducted multilingual workshops to present preliminary equity data findings and gather community input and feedback to “ground-truth” such findings. 🔑 Key Staff: Monica Villalobos (Work done prior to joining Kimley-Horn) ⏱ Time Period: 2023 - 2024
City of San Marcos, Active Transportation Plan, San Marcos, CA The City of San Marcos’ ATP focuses on recommending specific pedestrian and bicycle-related projects, programs, and policies based on identified connectivity gaps, barriers, socio-economic factors, and user needs for residents and visitors in the City. The ATP identifies high- stress environments for active transportation users as well as key destinations in the surrounding areas to create a plan that values connected, safe, and reliable active transportation. The plan will supplement the City’s General Plan Update and incorporate a Safe Routes to School element to improve pedestrian and bicycle connectivity and safety near schools. The project is in progress and is being completed on time and within budget on a 10-month schedule.
🔑 Key Staff: Tatiana Lundstrom, Matt Horton
⏱ Time Period: June 2022 - Current
City of Palmdale, Sustainable Transportation Plan, Palmdale, CA Kimley-Horn developed a Sustainable Transportation Plan for the City of Palmdale that is focused on improving roadway safety and reducing vehicle miles traveled (VMT) to help the City achieve its sustainability goals. The project included a robust review of historical traffic safety, identification of trends and patterns in traffic crashes, and development of a toolbox of safety improvements that the City can draw from to eliminate higher risk roadway conditions as resources allow. The study also included a review of existing travel patterns and trip lengths to determine which portions of the City generate the most VMT, and what methods and tools the City can use to make its development more sustainable. The study also included an assessment of equity to help the plan provide equitable benefits to all Palmdale residents. 🔑 Key Staff: Darryl DePencier, Tyler Lindberg
⏱ Time Period: April 2022 – May 2024
Lewis Management Corporation, Gateway at Grande Terrace Specific Plan and Specific Plan EIR, Grand Terrace, CA
Kimley-Horn is currently preparing a Specific Plan and associated EIR for the Gateway at Grand Terrace Specific Plan. The Gateway at Grand Terrace Specific Plan, which would be adopted by resolution by the City of Grand Terrace, is designed as a mixed-use development consisting of 25 Planning Areas (PAs) and comprises 40 existing parcels totaling ±125 acres, located east of Interstate 215 (I-215) in the City. The Gateway at Grand Terrace Specific Plan also proposes three overlay districts to allow for more flexibility in uses in the future. These three overlay districts cover planning areas 14 and 15 (Residential Overlay), planning area 22 (Business Park), and planning areas 3, 19, and 25 (Public Facilities Overlay). The project would include residential, commercial, business park, and open space land uses. 🔑 Key Staff: Dave Barquist
⏱ Time Period: March 2019 - Current
229Exhibit 2
PROPOSAL FOR The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update 32
City of Bell Gardens TTPS96002.2024
Updated: 7.25.24
196.54% Overhead%
195.57% Overhead% w/o FCCM Category/Title
10% Fee% Direct Rate $109.02 $91.03 $77.44 $61.59 $50.64 $55.37 $41.30 Billing Rate $355.51 $296.85 $252.53 $200.84 $165.14 $180.56 $134.68 Task 1 9 48 20 77 $ 20,141.77
1.1 18 20 29 $ 5,423.84
1.2 84 0 48 $ 14,717.93
Task 2 10 56 24 186 276 $ 55,713.93
2.1 1 3 16 20 $ 3,888.22
2.2 24 8 60 92 $ 18,639.18
2.3 6 8 30 44 $ 8,341.89
2.4 8 3 30 41 $ 8,688.69
2.5 8 8 20 36 $ 7,284.22
2.6 1 12 30 43 $ 8,871.73
Task 3 5 36 66 80 187 $ 38,930.50
3.1 1 4 16 21 $ 4,756.39
3.2 2 20 24 46 $ 8,691.14
3.3 8 16 24 $ 5,016.94
3.4 2 24 30 40 96 $ 20,466.04
Task 4 11 178 204 393 $ 90,436.87
4.1 1 20 20 41 $ 9,595.14
4.2 1 24 30 55 $ 12,433.88
4.3 4 30 30 64 $ 15,281.49
4.4 1 16 24 41 $ 9,068.30
4.5 1 24 30 55 $ 12,433.88
4.6 1 24 30 55 $ 12,433.88
4.7 1 20 20 41 $ 9,595.14
4.8 1 20 20 41 $ 9,595.14
Task 5 5 192 40 50 420 707 $ 148,272.26
5.1 1 6 20 27 $ 5,439.30
5.2 1 6 20 27 $ 5,439.30
5.3 2 170 40 50 360 622 $ 130,766.98
5.4 2 4 6 $ 1,254.23
5.5 1 8 16 25 $ 5,372.45
40 510 40 140 890 20 1640
$14,220.44 $151,391.51 $10,101.18 $28,118.04 $146,970.61 $2,693.56 $ 353,495.34 $ 1,800.00
$ 600.00
$ 1,200.00
$ 355,295.34 TOTAL COST:
Printing/Presentation Boards
City of Bell Gardens
Transit Oriented Community Specific Plan and Zoning Code Update Kimley-Horn and Associates, Inc.
Project
Support
TOTAL HOURS TOTAL COST
Sr. Project
Support
Project Management Plan and Team Meetings
Project Management Plan
Project Team Meetings
Research & Analysis
State, Regional and Local Agency Plan/Policy Review
Analysis of Existing Conditions Study
Professional I AnalystSr. Professional II Sr. Professional I Professional II Project Website, Social Media Interactive Town Hall, and Marketing/Publicity
Community Survey
Community Outreach Meetings, Open House Events, and Workshops (Varied In-person/Online)
Policy Framework & Proposed Connectivity Projects
Project Area-wide Origins-Destinations (Mobility), Intermodal Connectivity, and First/Last Mile Needs Analysis and Mapping Equity Study
Needs Analysis
Public Engagement Plan
Stakeholder Engagement Plan
Accidents and Safety Analysis and Mapping
Goals, Objectives, Policies, and Performance Measures
Best practices – Design Elements Toolbox
Zoning Code Update Program
Proposed Affordable Housing Program of Projects
Safe Routes to Schools Program of Projects
Proposed Bicycle Program of Projects
Proposed Pedestrian Program of Projects
Proposed ADA Program of Projects
Prepare Planning Documents (Draft and Final Plan)
Project Prioritization
Funding Sources and Strategies
Administrative Draft Bell Gardens-TOC Specific Plan and Zoning Code; Env. Scan, IS/MND
Release Draft Transit-Oriented Communities Specific Plan and Zoning Code
Udt Finalize Transit-Oriented Communities Specific Plan and Zoning Code Adoption
Mileage
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
5. Cost and Pricing
230Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
33
6. Additions or Exceptions
Kimley-Horn has reviewed the City’s Professional Services Agreement and would like to request the following modifications.
II. PERFORMANCE OF AGREEMENT
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest in accordance with standards of CONSULTANT’s profession; [..].
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest in accordance with standards of CONSULTANT’s profession.
III. INSURANCE
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted or licensed in the State of California and authorized to issue policies directly to California insureds. [...].
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance, except professional liability, worker’s compensation and employer’s liability, provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
IV. INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected held harmless from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the negligence of the CONSULTANT in its performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, and defend and protect CITY as set forth herein. [...].
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature to the extent arising out of or in connection with CONSULTANT’s negligence in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise reckless or wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice. 231Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
34
VI. MISCELLANEOUS PROVSIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/ or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement. Any modifications made by the CITY to any of the Consultant’s documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the CITY’s sole risk and without liability to the Consultant, and the CITY shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys’ fees, resulting therefrom. 232Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
35
7. Pending Litigation
Kimley-Horn and its subsidiaries have provided services in all fifty states and numerous countries. Because of the many and varied projects we have completed, we are subject to various legal proceedings from time to time and in the ordinary course of business. It is not practical to provide a complete list as part of this proposal. None of the pending matters, if decided against Kimley-Horn, would have a material impact on our financial statements or impair in any way our ability to serve our clients. Generally, these matters are covered by insurance, and we consider them to be without merit. If you would like to discuss our legal matters in more detail, please contact Kimley-Horn’s General Counsel, Richard Cook, at 919.677.2058.
Legal Proceedings in California in the last five years are as follows:
29Twenty Maintenance Association v. Van Daele Development Corp., et al; Los Angeles County, Superior Court of the State of California; Case No. 19STCV13496; filed 2019; alleged economic loss; settled; closed 2020.
Vicente Gomez, et al v. Pilot Travel Centers, LLC, et al; Superior Court of California; Case No. CVRI2103878, County of Riverside; filed 2021; personal injuries; pending.
Brenda Sheriffs v. Kimley-Horn and Associates, Inc., et al; Santa Cruz County Superior Court; Case No. 16CV00335; filed 2016; bicycle accident; personal injuries; settled; closed 2019.
Kimberly Lynn Wright and Ty Juan Montanez v. City of Concord; et al; Superior Court of California, County of Contra Costa; Case No.
MSC20-01067; filed 2020; served 2022; traffic accident, wrongful death claimed; pending.
233Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens TTPS96002.2024
36
8. Insurance
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
3/18/2024
Edgewood Partners Ins. Center/Greyling
3780
Mansell Rd. Suite 370
Alpharetta GA 30022
Jerry Noyola
7702207699
[email protected]
National Union Fire Ins Co of Pittsburg 19445
KIMLASS Allied World Assurance Co (U.S.) Inc. 19489
Kimley-Horn and Associates, Inc.
421
Fayetteville Street, Suite 600
Raleigh, NC 27601
New Hampshire Insurance Company 23841
Lloyd's of London 85202
127970164
A X 2,000,000
X 1,000,000
X Contractual Liab 25,000
2,000,000
4,000,000
X X
GL5268169 4/1/2024 4/1/2025
4,000,000
A
A
2,000,000
X
X X
CA4489663 (AOS)
CA2970071 (MA)
4/1/2024
4/1/2024
4/1/2025
4/1/2025
B X X 5,000,000
X
03127930 4/1/2024 4/1/2025
5,000,000
X 10,000
C
C
X
N
WC015893685 (AOS)
WC015893686 (CA)
4/1/2024
4/1/2024
4/1/2025
4/1/2025
2,000,000
2,000,000
2,000,000
D Professional Liability B0146LDUSA2404949 4/1/2024 4/1/2025 Per Claim Aggregate
$2,000,000
$2,000,000
For Proposal Only
234Exhibit 2
Contact
Adam Maleitzke, AICP
[email protected]
213.261.4095
www.kimley-horn.com
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc., protected under U.S. copyright law.
Copyright © 2024 Kimley-Horn and Associates, Inc.
235Exhibit 2
Coversheet
https://agenda.bellgardens.org/AgendaPublic/CoverSheet.aspx?ItemID=20717&MeetingID=1763[9/17/2024 1:00:24 PM]
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 9.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gusavo Romo, Deputy City Manager/Community Development Director SUBJECT: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE PREPARATION OF A TRANSIT ORIENTED COMMUNITY SPECIFIC PLAN AND ZONING CODE UPDATE
DATE: Augus 12, 2024
RECOMMENDATION:
It is saf’s recommendation that the City Council adopt the attached resolution approving a Professional Services Agreement with Kimley-Horn and Associates, Inc. for the preparation of the Bell Gardens Transit Oriented Community Specifc Plan and Zoning Code Update.
BACKGROUND/DISCUSSION:
On March 9, 2023, the California Department of Transportation (Caltrans) announced the Susainable Transportation Planning Grant Program awards for Fiscal Year (FY) 2023-24. The State-funded Susainable Communities grants ($29.5 million) are intended to support and implement the Regional Transportation Plan (RTP) Susainable Communities Strategies/Alternative Planning Strategies (SCS/APS) (where applicable) and to ultimately achieve the State’s greenhouse gas (GHG) reduction target of 40% and 80% below 1990 levels by 2030 and 2050, respectively.
On December 11, 2023, the Bell Gardens City Council adopted a resolution authorizing acceptance of Caltrans funding to assis in the development of a Transit Oriented Community Specifc Plan to address mobility and connectivity.
The City was awarded $355,450 through the Caltrans Susainable Communities Grants program to be used for projects towards the completion of the Bell Gardens Transit Oriented Community Specifc Plan and Zoning Code Update (BG-TOC/ZCU) for a convenient, safe, and susainable transportation network in the City which serves users of all modes including walking, biking, rolling, riding transit, and driving, balanced together with increased density. This update would align with Caltrans’ goals to identify and address transportation, housing, and land use adaptation coordination and contribute to shifts in land use towards susainability, equity, contribution to the sate’s GHG reduction targets, connectivity, and active transportation ridership.
To address the City’s needs for linking local vision with regional requirements, the BG-TOC/ZCU Reques for Proposals (RFP) was released from April 25, 2024, through May 28, 2024. The RFP requesed a scope of services proposal to prepare a transit-oriented specifc plan for the City to address critical gaps in housing, transit accessibility, active transportation access, safe routes to schools, parks, and employment centers, while improving regional connectivity into nearby communities.
The proposed professional services agreement would be one hundred percent (100%) funded by the Caltrans grant, with a local match of a cash-in-kind amount of $46,056 in saf time. No budget appropriations would be necessary.
EVALUATION OF CONSULTANT PROPOSALS
Kimley-Horn and Associates, Inc. (Kimley-Horn) is being recommended to develop the plan based on subject experience, qualifcations, cos, and previous work experience. Kimley-Horn has worked nationally and throughout Southern California to envision and realize transit-oriented communities and development projects to improve safety, housing afordability, access to amenities and services, and better-quality livability.
Therefore, saf recommends that the City Council approve a Professional Services Agreement with Kimley-Horn to lead the preparation of the BG-TOC/ZCU to develop a grant-ready program of projects for mobility and City infrasructure improvements which is expected to be completed by January 31, 2026.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), Guidelines Section No. 15060(c)(3), PSA approval would be categorically exempt since organizational or adminisrative activities of governments that result in no direct or indirect physical changes in the environment are not considered projects.
236Exhibit 3
Coversheet
https://agenda.bellgardens.org/AgendaPublic/CoverSheet.aspx?ItemID=20717&MeetingID=1763[9/17/2024 1:00:24 PM] CONCLUSION:
The BG-TOC/ZCU is necessary to align with regional goals of high-quality transit corridors and major transit sops in the City. A specifc plan would enhance development and create additional opportunities for living, working, and shopping in a compact, mixed- use environment that contributes to reduced emissions and improved air quality. It is recommended that the City Council adopt the attached Resolution approving a Professional Services Agreement with Kimley-Horn and Associates, Inc. to prepare the BG- TOC/ZCU.
FISCAL IMPACT:
If approved, the executed professional services agreement would have no fscal impact on City in that consultants and other authorized parties would be supported in full by the awarded Caltrans grant. The consulting services proposed to be provided by Kimley-Horn are expected to cos $355,295.34. No general budget appropriations are anticipated for the consulting or professional services involved in the development of the BG-TOC/ZCU.
ATTACHMENTS:
Description
Exhibit 1 - Resolution No. 2024-59
Exhibit 2 – Kimley-Horn and Associates, Inc. Professional Services Agreement APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assisant City Attorney Manuel Carrillo, Director of Finance and Adminisrative Services 237Exhibit 3
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 11.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O'Kelly, City Manager
BY:
Gustavo Romo, Deputy City Manager/Community Development Director SUBJECT:
CONSIDERATION OF APPROVAL OF A SEVENTH AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL
FOR APPROVAL OF A LABOR COMPLIANCE SUBCONSULTANT TO EXISTING CDBG
PROGRAM ADMINISTRATIVE SERVICES
DATE:
September 23, 2024
RECOMMENDATION:
It is staff’s recommendation that the City Council:
1 .
Adopt the attached Resolution; and
2 .
Authorize and direct the City Manager to execute a Seventh Amendment to the Professional Services Agreement between the City and Michael Baker International for approval of use of a Labor Compliance subconsultant to existing CDBG program administrative services.
BACKGROUND/DISCUSSION:
Michael Baker International (Michael Baker) provides CDBG Labor Compliance consulting services for the Ford Park Aquatics Center Project as part of their Professional Services Agreement with the City. Their existing Professional Services Agreement does not contemplate or authorize the use of any subconsultants. The terms of the existing Professional Services Agreement require that Michael Baker submit a letter requesting to revise his Proposal. Michael Baker submitted a letter requesting authorization to bring in a subconsultant on an as-needed basis to provide support for Labor Compliance Monitoring and Enforcement Services for the Bell Gardens Ford Park Aquatics Center Project. The request is due to the scope of the project and the need for multiple visits to the project site to conduct employee interviews. The budget for Michael Baker’s Professional Service Agreement would not increase as a result of this amendment.
CONCLUSION:
It is recommended that the City Council approve the Seventh Amendment to the Professional Services Agreement between the City and Michael Baker to authorize the use of a subconsultant on an as-needed basis to provide
support for Labor Compliance Monitoring and Enforcement Services for the Bell Gardens Ford Park Aquatics Center Project.
FISCAL IMPACT:
The consulting services to be provided by Michael Baker are based on hourly rates and an annual not-to-exceed price. The total annual not-to-exceed costs are $315,434. These consulting services will be reimbursed with CDBG, CDBG-CV and PLHA funds. Therefore, there will be no impact to the City’s General Fund. 238
ATTACHMENTS:
Description
Exhibit 1 - Resolution No. 2024-74
Exhibit 2- Michael Baker International Amendment No. 7 to existing agreement APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 239
RESOLUTION NO. 2024-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L
GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A
SEVENTH AMENDMENT TO THE MICHAEL BAKER INTERNATIONA L
PROFESSIONAL SERVICES AGREEMENT
WHEREAS, on October 6, 2020, the City of Bell Gardens (“Cit y”) entered into a Professional Services Agreement with Michael Baker International (“Consultant”) for CDBG Administration for the City’s FY 2020-2021 CDBG Program (“Master Agreement”); and
WHEREAS , the Master Agreement was later amended by the Cit y Council by way of a first amendment (hereinafter, the “First Amend ment”) for purposes of modifying Consultant’s services and compensation provisions of the Master Agreement; and
WHEREAS , the Master Agreement was again amended by way of a second amendment (hereinafter, the “Second Amendment”) to expand the Consultant’s services; and
WHEREAS , the Master Agreement was again amended by way of a third amendment (hereinafter, the “Third Amendment”) to e xpand Consultant’s services and compensation; and
WHEREAS , the Master Agreement was again amended by way of a fourth amendment (hereinafter, the “Fourth Amendment”) to revise its hourly rates for Fiscal Year 2022-2023; and
WHEREAS , the Master Agreement was again amended by way of a fifth amendment (hereinafter, the “Fifth Amendment”) to revise Consultant’s services and compensation; and
WHEREAS , the Master Agreement was again amended by way of a sixth amendment (hereinafter, the “Sixth Amendment”) to r evise Consultant’s services, compensation and insurance requirements; and
WHEREAS , pursuant to Sections 5.3, 18.1 and 18.9 of the Ma ster Agreement, Consultant submitted a letter requesting to revise his Consultant Proposal to bring in a subconsultant on an as-needed basis to provide support for Labor Compliance Monitoring and Enforcement Services as set forth in his Septem ber 12, 2024 “City of Bell Gardens Ford Park Aquatics Center Project – Proposal for Use of Labor Compliance Subconsultant” Letter; and
WHEREAS , the City desires to approve of Consultant’s use o f a subconsultant on an as-needed basis to provide support for Labor Compliance Monitoring and Enforcement Services for the Ford Aquatics Center Project.
240Exhibit 1
Resolution No. 2024-74
2 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony, and evide nce presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council approves a Seventh Amendment to t he Professional Services Agreement with Michael Baker International , and authorizes and directs the City Manager to execute the Seventh Amendment to the Pro fessional Services Agreement, attached to the staff report as Exhibit 2.
SECTION 3. The City Clerk shall attest and certify to the pas sage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED and ADOPTED this 23
rd day of September 2024.
THE CITY OF BELL GARDENS
________________________________
Gabriela Gomez
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ _________________ _______________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
[Signatures on the following page]
241Exhibit 1
Resolution No. 2024-74
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ______________ _____, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Daisy Gomez
City Clerk
242Exhibit 1
1 2024
SEVENTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Community Development Block Grant Implementation and Administration Services)
(Parties: City of Bell Gardens and Michael Baker International)
THIS SEVENTH AMENDMENT (hereinafter, “ Seventh Amendment”) to that certain agreement entitled “ Professional Services Agreement” and dated November 5 , 2020 (hereinafter, “Master Agreement”), is hereby made and entered into this __ _ day of , 202 4 (hereinafter, “Effective Date”) by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and MICHAEL BAKER INTERNATIONAL (hereinafter, “Consultant”). For purposes of this Seventh Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant.
The capitalized term “Party” may refer to either City or C onsultant interchangeably, as appropriate.
RECITALS
This Seventh Amendment is made and entered into with respect to the following facts:
WHEREAS, on November 5, 2020 , the Parties executed and entered into the Master Agreement for the Consultant to provide assistance with Community Development Block Grant (CDBG) program implementation and administration; and
WHEREAS, the Master Agreement was later amended by the City Council by way of a first amendment (hereinafter, the “First Amendment”) for purposes of modifying Consultant’s services and compensation provisions of the Master Agreement; and
WHEREAS, the Master Agreement was again amended by way of a second amendment (hereinafter, the “Second Amendment”) to expand the Consultant’s services; and
WHEREAS, the Master Agreement was again amended by wa y of a third amendment (hereinafter, the “Third Amendment”) to expand Consultant’s services and compensation; and
WHEREAS, the Master Agreement was again amended by way of a fourth amendment (hereinafter, the “Fourth Amendment”) to revise its hourly rates for Fiscal Year 2022-2023; and
WHEREAS, the Master Agreement was again amended by way of a fifth amendment (hereinafter, the “Fifth Amendment”) to revise Consultant’s services and compensation; and
WHEREAS, the Master Agreement was again amended by way of a sixth amendment (hereinafter, the “Sixth Amendment”) to revise Consultant’s services, compensation and insurance requirements; and
243Exhibit 2
2 WHEREAS, for purposes of this Seventh Amendment, the Master Agreement as amended by way of the First Amendment , Second Amendment , Third Amendment , Fourth Amendment , Fifth Amendment and Sixth Amendment , may be referred to collectively as the “ Master Agreement”. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, pursuant to Sections 5.3, 18.1 and 18.9 of the Master Agreement, Consultant submitted a letter requesting to revise his Consultant Proposal to bring in a subconsultant on an as-needed basis to provide support for Labor Compliance Monitoring and Enforcement Services as set forth in their September 12, 2024 “City of Bell Gardens Ford Park Aquatics Center Project – Proposal for Use of Labor Compliance Subconsultant” Letter (hereinafter, “September 2024 Supplemental Proposal”), which is attached and incorporated hereto, as Exhibit “B”; and
WHEREAS, the Parties now wish to revise the Consultant’s Scope of Services to allow Consultant to use a subconsultant for the services mentioned in the September 2024 Supplemental Proposal.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 5.1 (CONSULTANT’S SERVICES) of the Master Agreement is hereby amended to allow Consultant the option of using a subconsultant on an as- needed basis to provide support for Labor Compliance Monitoring and Enforcement Services, as set forth in Consultant’s September 12, 2024, “City of Bell Gardens Ford Park Aquatics Center Project – Proposal for Use of Labor Compliance Subconsultant” Letter (hereinafter, the “September 2024 Supplemental Proposal”), which is attached and incorporated hereto as Exhibit “B”.
SECTION 2. Except as otherwise set forth in this Seventh Amendment, the Master Agreement, First Amendment , Second Amendment , Third Amendment , Fourth Amendment, Fifth Amendment, and Sixth Amendment shall remain binding, controlling , and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Seventh Amendment, together with the Master Agreement, First Amendment, Second Amendment, Third Amendment , Fourth Amendment , Fifth Amendment and Sixth Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 3. The provisions of this Seventh Amendment shall be deemed a part of the Master Agreement, First Amendment , Second Amendment , Third Amendment , Fourth Amendment, Fifth Amendment and Sixth Amendment , and except, as otherwise provided under this Seventh Amendment, the Master Agreement, First Amendment , Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment and Sixth Amendment, and all provisions contained therein shall remain binding and enforceable.
In the event of any conflict or inconsistency between the provisions of this Seventh Amendment and the provisions of the Master Agreement, First Amendment , Second Amendment, Third Amendment , Fourth Amendment , Fifth Amendment and Sixth 244Exhibit 2
3 Amendment, the provisions of this Seventh Amendment shall control, but only in so far as such provisions conflict with the Master Agreement , First Amendment , Second Amendment, Third Amendment , Fourth Amendment , Fifth Amendment and Sixth Amendment, and no further.
[SIGNATURES ON NEXT PAGE]
245Exhibit 2
4 IN WITNESS WHEREOF, the Parties hereto have caused this Seventh Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF BELL GARDENS
By:__________________________________
Michael B. O’Kelly, City Manager
Date:
APPROVED AS TO FORM:
By:__________________________________
Stephanie Vasquez, City Attorney
CONSULTANT:
MICHAEL BAKER INTERNATIONAL
By:____________________________
Name:_________________________
Title: __________________________
Date:
246Exhibit 2
5 EXHIBIT “A”
MASTER AGREEMENT
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6 EXHIBIT “B”
SEPTEMBER 2024 SUPPLEMENTAL PROPOSAL
372Exhibit 2
373Exhibit 2
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 12.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O'Kelly, City Manager
BY:
Gustavo J. Romo, Deputy City Manager/Community Development Director SUBJECT:
CONSIDERATION OF SECOND AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND IMPACT SCIENCES, INC.
DATE:
September 23, 2024
RECOMMENDATION:
It is staff’s recommendation that the City Council:
1 .
Determine the action exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3); and
2 .
Adopt the attached resolution approving a Second Amendment to the Professional Services Agreement between the City and Impact Sciences, Inc. to accommodate added expenditures used to complete the Environmental Justice Element to the Bell Gardens General Plan.
BACKGROUND/DISCUSSION:
On June 8, 2020, the Bell Gardens City Council adopted a resolution authorizing the submittal of a grant application for the Local Economic Assistance Program (LEAP), which is administered by the California Department of Housing and Community Development (HUD).
The City was awarded $150,000 to be used for projects addressing accessibility, sustainability, and resiliency aimed at protecting the public's health, safety, and welfare. The award was given based on the department's application that demonstrated proposed activities to foster an increase in housing-related planning activities, facilitate accelerated housing production within the City, and promote environmental justice.
To address the City’s needs for an Environmental Justice (EJ) Element as mandated by SB 1000 and SB 379 and abide by the LEAP grant requirements, Staff prepared and released a Request for Proposals (RFP) on August 1, 2022.
The RFP requested a scope of services proposal to prepare a Sustainability/EJ Element for the Bell Gardens General Plan that would address the inequitable distribution of pollution and associated health effects in disadvantaged and identified environmental justice communities.
On November 14, 2022, the City approved a Professional Services Agreement (PSA) with Impact Sciences, Inc. (Impact Sciences) with a term expiring on June 30, 2024. Impact Sciences has conducted the necessary stakeholder and community engagement to ensure extensive and diverse community input throughout each phase of work towards the development of the EJ Element. On April 17, 2024, the Planning Commission adopted Resolution #PC 2024-09 recommending the City Council approve General Plan Amendment No. 2022-060 to create and incorporate a new EJ Element into the Bell Gardens General Plan. 374
At the regularly scheduled June 24, 2024, City Council meeting, Staff presented a first amendment to the Impact Sciences PSA to extend the term through December 31, 2024, to allow Impact Sciences to continue to provide the City consulting services.
Under the original agreement, Impact Sciences was to provide their services with a “not-to-exceed sum” of $119,607; and as work towards completing all submissions to the State is approaching its close, Impact Sciences is requesting an additional $4,428.52 to close out the PSA. This figure includes the direct filing fee of $2,991.75 to the California Department of Fish and Wildlife for the Notice of Determination, and the balance of indirect costs to complete the filing of the EJ Element.
ENVIRONMENTAL REVIEW
Pursuant to the CEQA, Guidelines Section No. 15060(c)(3), this report is categorically exempt as organizational or administrative activities of governments that result in no direct or indirect physical changes in the environment are exempt from CEQA since the activity is not considered a project.
CONCLUSION:
Given their work, and the additional steps required to finalize the adoption of the EJ Element to identify objectives and policies to reduce unique and/or compounded health risks, promote civic engagement, and address the needs of disadvantaged communities, Staff recommends that the City Council approve a Second Amendment to the PSA with Impact Sciences and allocate an additional $4,428.52.
FISCAL IMPACT:
Approval of the Second Amendment and adoption of the attached Resolution would have no fiscal impact to the City since City Staff time, as well as that of the consultants and other supported parties, are funded in full by the LEAP grant.
ATTACHMENTS:
Description
Exhibit 1 - Resolution No. 2024-75
Exhibit 2 - Second Amendment to Agreement with Impact Sciences APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 375
RESOLUTION NO. 2024-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L
GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A
SECOND AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF BELL GARDENS AND IMPA CT
SCIENCES, INC.
WHEREAS, on November 14, 2022, the City of Bell Gardens ("C ity”) approved a Professional Services Agreement with Impact Science s, Inc. (“Impact Sciences”) for consulting services for the development of an Environmental Justice (EJ) Element; and
WHEREAS, on June 24, 2024, the Professional Services Agreement was amended to extend the Term through December 31, 2024; and
WHEREAS, Impact Sciences requires additional compensation to file environmental documents in order to record the determination that EJ’s adoption and implementation does not have a significant impact on the environment as mandated by SB 1000 and SB 379 and abide by grant requirements; and
WHEREAS, the City now desires to amend the existing Profess ional Services Agreement to increase the not-to-exceed amount One Hundred Nineteen Thousand Six Hundred Seven Dollars ($119,607) by Four Thousand Four Hundred Twenty-Eight Dollars and Fifty-Two Cents ($4,428.52) for a new Not-To-Ex ceed Sum of One Hundred Twenty- Four Thousand Thirty-Five Dollars and Fifty-Two Cents ($124,035.52).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a materia l part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.
SECTION 2. Based upon the above recitals, the staff report ac companying this Resolution, and such other oral and written evidenc e, the Bell Gardens City Council approves a Second Amendment to the Professional Ser vices Agreement by and between the City and Impact Sciences, Inc.
SECTION 3. The City Council further authorizes and directs th e City Manager to execute the Second Amendment and take all actions n ecessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. The City Clerk shall attest and certify to the pas sage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
376Exhibit 1
Resolution 2024-75
2 of 3
PASSED, APPROVED and ADOPTED this 23rd day of September 2024.
THE CITY OF BELL GARDENS
________________________________
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ _________________ _______________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
[Signatures on the following page]
377Exhibit 1
Resolution 2024-75
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on __ _________________, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
378Exhibit 1
1 2024
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: General Plan Sustainability or Environmental Justice Element and Associated CEQA Compliance Document)
(Parties: City of Bell Gardens and Impact Sciences, Inc.)
THIS SECOND AMENDMENT (hereinafter, “ Second Amendment”) to that certain agreement entitled “ Professional Services Agreement” and dated January 17, 2023 (hereinafter, “Master Agreement”), is hereby made and entered into this day of , 2024 (hereinafter, “Effective Date”) by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and IMPACT SCIENCES, INC. (hereinafter, “Consultant”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.
RECITALS
This Second Amendment is made and entered into with respect to the following facts:
WHEREAS, on January 17, 2023 , the Parties executed and entered into the Master Agreement for Consultant to provide consulting services to the Community Development Department to address and create a mandated EJ Element complying with SB 1000 (2016) and SB 379 (2015); and
WHEREAS, on June 24, 2024, the Master Agreement was amended to extend the Term of the Master Agreement through December 31, 2024; and
WHEREAS, for purposes of this Second Amendment, the Master Agreement, as amended by way of the First Amendment, may be referred to collectively as the “Master Agreement”. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, Consultant submitted a letter requesting additional funds to complete the required services as set forth in their September 12, 2024 “Re: Budget Augmentation for Out-of-Scope Items Re lated to Filing t he NOD for the Bell Gardens EJ Element IS/MND” (hereinafter, September 2024 Supplemental Proposal”) which is attached and incorporated hereto, as Exhibit “B”; and
WHEREAS, the Parties would like to revise the Not-to-Exceed Sum to allow the City to compensate Consultant for added expenditures that have resulted in order to complete the required services.
379Exhibit 2
2 NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 6.1 (COMPENSATION) of the Master Agreement is hereby amended to increase the total Not -to-Exceed Sum of ONE HUNDRED NINETEEN THOUSAND SIX HUNDRED SEVEN DOLLARS ($119,607) by FOUR THOUSAND FOUR HUNDRED TWENTY -EIGHT DOLLARS AND FIFTY -TWO CENTS ($4,428.52) for a new Not -to-Exceed Sum of ONE HUNDRED TWENTY -FOUR THOUSAND THIRTY-FIVE DOLLARS AND FIFTY-TWO CENTS ($124,035.52).
SECTION 2. Except as otherwise set forth in this Second Amendment, the First Amendment and the Master Agreement shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, t his Second Amendment, together with First Amendment and the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 3. The provisions of this Second Amendment shall be deemed a part of the First Amendment and Master Agreement and except, as otherwise provided under this Second Amendment, First Amendment and the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the First Amendment and the Master Agreement, the provisions of this Second Amendment shall contro l, but only in so far as such provisions conflict with the First Amendment and the Master Agreement, and no further.
[SIGNATURES ON NEXT PAGE]
380Exhibit 2
3 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF BELL GARDENS
By:__________________________________
Michael B. O’Kelly, City Manager
Date:
APPROVED AS TO FORM:
By:__________________________________
Stephanie Vasquez, City Attorney
CONSULTANT:
IMPACT SCIENCES, INC.
By:____________________________
Name:_________________________
Title: __________________________
Date:
381Exhibit 2
4 EXHIBIT “A”
MASTER AGREEMENT
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5 EXHIBIT “B”
SEPTEMBER 2024 SUPPLEMENTAL PROPOSAL
482Exhibit 2
811 W. 7th Street, Suite 200
Los Angeles, CA 90017
(213) 935-1901
www.impactsciences.com
September 9, 2024
Steven Jones, City Planner,
[VIA Email]
Re: Budget Augmentation for out-of-scope items related to filing the NOD for the Bell Gardens EJ Element IS/MND
Dear Steven,
As requested by the City, this letter provides the specifics of the budget modification request related to the out of scope costs for filing the Notice of Determination (NOD) for the Bell Gardens Environmental Justice (EJ) Element Initial Study/Mitigated Negative Declaration (IS/MND). Under State CEQA Guidelines Section 15094 and the Public Resource Code Sections 21108 and 21152, the lead agency (in this case the City of Bell Gardens) of a project is required to file an NOD for CEQA documentation within five working days of project approval. Filing must occur with both the State Office of Planning and Research (OPR) and the County Clerk. In accordance with the California Fish and Game Code Sections 711.4(e) and 713, lead agencies are required to pay a filing fee when filing CEQA documents with the County Clerk.
Project approval occurred on July 22, 2024 and the NOD was filed on July 25, 2024. At the request of the City, Impact Sciences filed the NOD. Because the NOD requires a ‘wet signature” a team member was required to obtain a signature from City staff before filing in person at the County Clerk’s office. The table below represents the fees for labor and mileage to file at the County Clerk and with OPR.
Task/Activity Total
CA Fish and Game filing fee $2,991.75
Labor ($150 x 9.48) $1,423.50
Expenses (mileage) $13.27
TOTAL $4,428.52
Should you need further information please contact me at (213) 935-1901 or [email protected].
Sincerely,
Impact Sciences, Inc.
Jessica Kirchner, AICP
President/CEO, Managing Principal
483Exhibit 2
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 13.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O'Kelly, City Manager
BY:
Jennifer Pineda, Executive Assistant
SUBJECT:
CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH GLOBAL URBAN STRATEGIES, INC. FOR AS-NEEDED GRANT WRITING/ADMINISTRATION
AND PROGRAM MANAGEMENT SERVICES
DATE:
September 23, 2024
RECOMMENDATION:
It is staff’s recommendation that the City Council, by motion:
1 .
Adopt the attached Resolution; and
2 .
Authorize the City Manager to execute a Professional Services Agreement with Global Urban Strategies, Inc. for grant writing, administration, and program management services for a three year term with the option of two 1-year extensions.
BACKGROUND/DISCUSSION:
The City is currently in a professional services agreement for grant writing and administration services, primarily focusing on parks, recreation, and community development, that will be terminating on September 24, 2024.
On July 3, 2024, the City issued a Request for Proposals (RFP) with a submission deadline of August 1, 2024, seeking a consultant to provide grant writing, administration, and program management services. The City received nine qualified proposals in response. These proposals were evaluated by the City Manager based on three key criteria:
1.) Comprehension of Request for Proposals -
relates to the proposer’s basic understanding of the City’s requested services, proposer’s ability to articulate a concise description of the role of the requested services, and thoroughness in communication.
2.) Qualifications of Proposers –
Includes firm’s experience, staffing, resources, and qualifications of proposed personnel, as well as their ability to meet or exceed the standards described in the outlined RFP and familiarity with federal, state and regional/local agency grant requirements.
3.) References -
The quality of the firm’s past work and its experience as related to municipal and professional references.
The ranking for each firm is shown below:
Proposer
Ranking
Global Urban Strategies, Inc.
1 Interwest
2 484
Adura
3 Cumming Group
4 CWE
5 MNS
6 Villa Civil
7 Grant Our Community
8 Timely Text
9 Based on the above scores, the highest-ranking proposer was Global Urban Strategies, Inc.
In following with past practices, if a professional services agreement is approved, services under this Professional Services Agreement will be provided on a task order basis, where Global Urban Strategies, Inc. will submit an estimated cost for preparing and submitting a grant application. The City Manager’s Office will then decide whether to assign the task, considering factors such as the project’s specifics, its suitability, the financial match required, and the likelihood of successfully securing the grant.
CONCLUSION:
Based on the evaluation of proposals, Global Urban Strategies, Inc. emerged as the highest-ranked firm for providing grant writing, administration, and program management services. Therefore, staff recommends that the City Council authorize the City Manager to execute a professional services agreement with Global Urban Strategies, Inc.
FISCAL IMPACT:
The cost of this professional services agreement will be determined by agreed-upon hourly rates and will vary based on the actual work performed, depending on the number of grant applications completed. It is estimated that annual costs will be approximately $39,000 per year. Charges will be allocated to the budgets of the departments responsible for each grant.
ATTACHMENTS:
Description
Exhibit 1 - Resolution No. 2024-76
Exhibit 2 - Professional Services Agreement with Global Urban Strategies, Inc.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 485
RESOLUTION NO. 2024-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L
GARDENS APPROVING A PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF BELL GARDENS AND GLOBAL
URBAN STRATEGIES, INC.
WHEREAS, the City of Bell Gardens (“City”) requires professional services for as needed, grant writing, grant administration, and program management for potential grant funded projects within the City;
WHEREAS, the City issued a Request for Proposals and receiv ed nine (9) proposals;
WHEREAS, Global Urban Strategies, Inc. represents that it is fully qualified to perform such professional services by virtue of its education, experience, training, and expertise; and
WHEREAS, given Global Urban Strategies, Inc.’s qualifications and familiarity with the City, the City desires to enter into a Professional Servi ces Agreement with Global Urban Strategies, Inc.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BE LL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony, and evide nce presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2 . The City Council approves a Professional Services Agreement with Global Urban Strategies, Inc. and authorizes and directs the City Manager to execute the Professional Services Agreement attached as Exhibit 2 to the staff report.
SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents rel ating to the Professional Services Agreement, including any amendments, extensions, and other documents consistent with the Professional Services Agreement and this Resolution.
SECTION 5. The City Clerk shall attest and certify to the pass age and adoption of this Resolution, enter it into the book of origi nal Resolutions, and it shall become effective immediately upon its approval.
486Exhibit 1
Resolution No. 2024-76
2 of 3
PASSED, APPROVED AND ADOPTED this 23
rd day of September 2024.
THE CITY OF BELL GARDENS
_____________________________
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ___________________ _____________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
[Signatures on the following page]
487Exhibit 1
Resolution No. 2024-76
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________ was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on October 14, 20 24 , and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
488Exhibit 1
1 2024
PROFESSIONAL SERVICES AGREEMENT
(Engagement: As-Needed Grant Writing/Administration
and Program Management Services)
(Parties: Global Urban Strategies, Inc. and City of Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ______ day of ____________ 2024 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS , a municipal corporation (hereinafter, “CITY”) and GLOBAL URBAN STRATEGIES, INC. (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY issued a Request for Proposals for professional services for as needed, grant writing, grant administration, and program management for potential grant funded projects within the CITY; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently pr ovide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term of three (3) years commencing as of the Effective Date of this Agreement (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one -year extensions, provided the City Manager issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposals for As-Needed Grant Writing/Administration and Program Management Services” (hereinafter, 489Exhibit 2
2 “CITY RFP”) dated July 3, 2024, and the written proposal of CONSULTANT entitled “Proposal for As-Needed Grant Writing/Administration and Program Management Services ” (hereinafter, the “CONSULTANT PROPOSAL”) dated August 1, 2024. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively.
The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CIT Y RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work contemplated under this Agreement on an as -needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY.
CITY requests for the performance of specific as-needed services or tasks contemplated under this Agreement s hall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “ Task Order”). The standard Task Order form will be provided by the City Representative and shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONSULTANT shall perform no as-needed work under this Agreement without a signed Task Order provided by the City Representative, containing the information set forth in Section 1.3 (A), above.
490Exhibit 2
3 C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONSULTANT shall begin and complete performance of the Work in a timely and a diligently manner as possible.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “As-Needed Grant Writing/Administration and Program Management Services Fee Schedule” (hereinafter, the “FEE SCHEDULE”) which is attached and incorporated hereto, as Exhibit “C.” The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted annual aggregate sum of THIRTY-NINE THOUSAND DOLLARS ($39,000) (hereinafter, the “Annual Not-to-Exceed Sum”), during the Term of this Agreement unless such added expe nditures are first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY’s approval of any anticipated expenditures in excess of the Annual Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION : Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including any applicable Task Order services and the reimbursable out-of- pocket expenses incurred. If the amount of CONSULTANT ’s compensation is a function of hours work ed by CONSULTANT ’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any dispute d amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the 491Exhibit 2
4 reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Michael B. O’Kelly, City Manager (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Omar E.
Hernandez, President to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS :
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES : CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all W ork skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Work within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
492Exhibit 2
5 D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with the Work. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work p erformed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or 493Exhibit 2
6 indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATE: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar o r different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS : If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants are determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
494Exhibit 2
7 2.9 COMPLIANCE WITH LAWS : CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insuran ce coverage, at its own expense:
A. Commercial General Liability Insurance : CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent . Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance : CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than 495Exhibit 2
8 One Hundred Thousand Dollars ($100,000.00) per each person and Three Hundred Thousand Dollars ($300,000) per each accident , for Bodily Injury Liability and; One Hundred Thousand Dollars ($100,000) per each accident, for Property Damage Liability.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS : The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING : All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best ’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers wi th a Standard & Poor ’s rating of no less than BBB according to the latest published edition of the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer ’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All polic ies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self -insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, s ubcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees agents and volunteers. 496Exhibit 2
9 3.6 VERIFICATION OF COVERAGE : CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well -being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE : In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insu rance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance o f this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein .
Notwithstanding the foregoing, to the extent CONSULTANT’s Work are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
497Exhibit 2
10 4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the C ity Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTA NT’s obligations to indemnify the C ity Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement , or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appoin ted officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, office rs, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not , waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or 498Exhibit 2
11 remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE : CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination . Upon such termination for convenience , CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may 499Exhibit 2
12 submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 (B)(i) that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 (B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT ’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligat ions under this Agreement within the specified time or if no time is speci fied, within a reasonable time; (iii) CONSULTANT’s and/or its employees ’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT ’s issuance of a Default Notice unless the Event of Default cannot r easonably be cured within the 45 -day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1. 5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
500Exhibit 2
13 D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT ’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach .
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligation s imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT ’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement 501Exhibit 2
14 will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY : All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pe rtaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT : CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California Fals e Claims Act, Government Code 502Exhibit 2
15 Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
Global Urban Strategies, Inc.
100 E. Huntington Drive
Suite 207
Alhambra, CA 91801
Attn: Omar E. Hernandez, President
Phone: 626-389-5636
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Michael B. O’Kelly, City
Manager
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS : The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any di rect interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision 503Exhibit 2
16 of this Agreement.
6.10 GOVERNING LAW AND VENUE : This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, the venue , without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, the venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS : This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT : This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and sig ned by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS : In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT : This Agreement, including all attached exhibits , constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or 504Exhibit 2
17 understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the c auses of the delay.
The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY.
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505Exhibit 2
18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Stephanie Vasquez, City Attorney
GLOBAL URBAN STRATEGIES, INC.:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
506Exhibit 2
19 EXHIBIT “A”
CITY RFP
507Exhibit 2
1 REQUEST FOR PROPOSALS FOR
AS NEEDED GRANT
WRITING/ADMINISTRATION AND
PROGRAM MANAGEMENT SERVICES
RFP Release Date
Wednesday, July 3, 2024
Proposal Submittal Deadline
Thursday, August 1, 2024, at 12:00pm
Contact Person:
Jennifer Pineda, Executive Assistant
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
[email protected]
(562) 806-7702
508Exhibit 2
2 TABLE OF CONTENTS
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org
TABLE OF CONTENTS ...................................................................................................... 2 I. INTRODUCTION ............................................................................................................. 3 II. SUBMITTAL PROCEDURES/DEADLINE ....................................................................... 4 IV. TERMS AND CONDITIONS .......................................................................................... 4 V. SCOPE OF SERVICES .................................................................................................. 8 VI. CITY OF BELL GARDENS RESPONSIBILITY ............................................................. 9 VII. PROPOSAL FORMAT AND CONTENT REQUIREMENTS ......................................... 9 VII. EVALUATION CRITERIA ........................................................................................... 11 IX. SELECTION PROCESS .............................................................................................. 12
509Exhibit 2
3 I. INTRODUCTION
The City of Bell Gardens (“City”) was incorporated as a general law city in 1961 and is rich in history. It is bordered by the City of Commerce, Downey, South Gate and Bell. The City has a population of approximately 44, 000 in an area of 2.5 square miles and is located in the southeastern part of Los Angeles County. The City boasts of offering beautiful parks, emerald green soccer fields, childcare centers, a sparkling lake stocked with fish and waterfowl, and a community golf course. The City has 147 full -time employees, and approximately 128 part-time at-will employees, depending on the season.
The City is soliciting submittals of proposals from qualified Consultants for professional services for as needed, grant writing, grant administration, and program management for potential grant funded projects within the City of Bell Gardens. The term of the contract shall be three years with two one -year optional extensions. The selected Consultant may be asked to submit proposals for various grant funded projects over the term of the Agreement and may submit unsolicited proposals for grant funding opportunities that include a high probability of successfully receiving funding.
The City of Bell Gardens has various types of grant funded projects. The projects may be funded solely by, or with a mix of, City general funds, state or federal funds. Depending on specific grant opportunities, the services requested may include various grant writing, grant administration, and program management. These funding opportunities may include public works, parks, community services, social services, economic development and other types of grants and projects.
It is the intent of the City to select a single Consultant or Consultants to provide the requested Services . However, the City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City’s potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively o n the lowest cost proposal. If an agreement is awarded, it will be awarded to the Consultant who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City. Additionally, the City may, for any reason, decide not to award an agreement based on this RFP. The City reserves the right to cancel this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs.
510Exhibit 2
4 II. SUBMITTAL PROCEDURES/DEADLINE
Proposals must be submitted electronically via email to [email protected] no later than 12:00 p.m. on Thursday, August 1, 2024. The subject line should read “As Needed Grant Writing, Grant Administration, and Program Management Services Proposal” Late proposals will not be considered. If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
III. SCHEDULE
The tentative schedule for this RFP is as follows:
SCHEDULE
RFP Available Online Wednesday, July 3, 2024
Proposal Due Date Thursday, August 1, 2024,
12:00 P.M.
Proposal Review Period Monday, August 5, 2024 –
Monday, August 12, 2024
Council Action/ Approval of Agreement Monday, August 26, 2024
*The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to prospective Proposers. Please check the Bell Gardens website for the latest updates at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids .
All times posted are in pacific standard time (PST).
IV. TERMS AND CONDITIONS
PROFESSIONAL SERVICES AGREEMENT
Upon conclusion of the RFP process, the Staff will recommend a proposer to the City Council. The successful Proposer will be required to enter into a Professional Services Agreement with the City. A copy of the City’s Professional Services Agreement is attached and incorporated as Exhibit “A” as a sample for proposers to review the terms and conditions prior to submitting a proposal. The proposal process, agreement 511Exhibit 2
5 negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Proposers should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the City’s needs and objectives and scope of work. The sample Professional Service Agreement ( Exhibit “A”) is not to be completed by proposers.
GENERAL INSTRUCTIONS, TERMS AND CONDITIONS
A. Proposals shall be prepared to simply and economically provide a straightforward, concise description of the Proposer's ability to meet the requirements of this RFP.
Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of the City’s objectives.
B. Proposers shall carefully read the information contained in this RFP and shall submit complete responses to all requirements and questions as directed.
Incomplete proposals may be considered non-responsive and may be rejected at the City’s discretion. The submission of a response to this RFP shall be deemed a representation and certification by the Proposer that it has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the Proposer was not fully informed as to any facts or condition.
C. Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP. Following the Proposal Submission Deadline, the City, pursuant to the California Public Recor ds Act (Govt. Code Section 7920.000 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any inform ation contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as busines s or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be reg arded as nonresponsive.
512Exhibit 2
6 D. Proposer shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a proposer in response to this RFP. Whether or not a proposer is awarded an agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the proposer’s participation in this RFP process. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.
E. The City operates and is funded on a fiscal year basis from July 1st to June 30th.
Accordingly, the City reserves the right to terminate, without any liability, any agreement for which funding is not available.
F. The City shall not be responsible for any verbal communication between any employee of the City and any proposer. Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract.
G. Receipt of an addendum of the RFP by a propos er must be acknowledged by submitting the signed addendum with the proposal.
H. A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer’s authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. Proposals may not be withdrawn after the proposal closing date and each proposer agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before an agreement is awarded as further described below.
I. The City may, in the evaluation of proposals, request clarification from Proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted.
J. By submitting a proposal in response to this RFP, the Proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.
K. Negotiations may be conducted with responsible proposers who submit proposals that are reasonably susceptible of being selected. All proposers reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will 513Exhibit 2
7 ultimately result in the award of a single agreement, the City reserves the right to negotiate an agreement with more than one proposer.
L. The City expects the highest level of ethical conduct from Proposers, including adherence to all applicable laws and local ordinances regarding ethical behavior.
M. The City reserves the right to reject any and all proposals received as a result of this RFP. The City’s potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal.
If an agreement is awarded, it will be awarded to the Proposer who in the judgment of the City, has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal(s) is best for the City. Th e City reserves the right to cancel or modify this RFP. There is no guarantee that the City will award an agreement.
N. If an agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked Proposer.
O. Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
• Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff; • Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and • Proposer’s default under any agreement, which results in termination of the agreement.
P. Acceptance of any proposal is contingent upon the Proposer’s certification and agreement by submittal of its offer, to comply and act in accordance with all provisions of the City’s Municipal Code.
Q. The successful Proposer shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the agreement.
R. Any questions or clarification related to the contents of the RFP must be submitted to Jennifer Pineda, Executive Assistant at least five (5) calendar days prior to the due date of proposals. Oral explanations or instructions given prior to the opening of the offer shall not be binding. The City shall issue any official Addendums in 514Exhibit 2
8 writing or via https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids to all Proposers.
V. SCOPE OF SERVICES
The selected Proposer will provide the services as described in the Scope of Services identified below. Modifications of the Scope of Services through negotiation and/or by written addendum will be made a part of the future agreement.
The selected Proposer agrees to provide the following services in accordance with industry standards and standards set by City needs.
1. REQUESTED SERVICES
Requested Services include, but are not limited to the following:
A. GRANT WRITING
1. The preparation of grant applications for available federal, state, regional, local and other grant funding opportunities. Conduct research to identify grant resources that support the City’s funding needs and priorities.
B. GRANT ADMINISTRATION
1. Serve as the City liaison on project related activities.
2. Assist in the preparation of agreements and miscellaneous project related documents.
3. Coordinate with funding agencies on project delivery and prepare funding requests.
4. Coordinate with City Attorney for preparation of agreements.
5. Prepare agenda reports for City Council meetings as needed.
6. Coordination for programming and preparation of fund requests as needed.
7. Prepare quarterly reports as needed.
8. Coordination with various technical services teams as needed.
9. Attend scheduled project development team meetings.
10. Provide support for community relations and preparation of informational materials.
11. Prepare miscellaneous reports and assist City staff as needed.
C. PROGRAM MANAGEMENT
1. Attend project kick-off meetings, team meetings, and serve as City liaison on project related activities.
2. Assist City in procuring technical consultants as needed.
3. Evaluate work performed to determine project’s progression and identify any issues that may result in any delays. Ensure project stays within 515Exhibit 2
9 outlined timeline. Keep the City abreast of the project’s development and findings.
4. Identify potential funding sources for future project implementation.
Establish a funding tracking system to monitor funding commitments.
VI. CITY OF BELL GARDENS RESPONSIBILITY
The City is committed to timely review and selecting a Proposer that is the best fit and can provide the best value for the City and its employees.
VII. PROPOSAL FORMAT AND CONTENT REQUIREMENTS
The following instructions describe the form in which proposals should be submitted.
Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the requirement items may be considered incomplete and may be rejected.
Proposal documents should provide a straightforward, concise description of the Proposer’s capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a Proposer from furnishing additional reports, functions, and costs as deemed appropriate.
The proposal should contain the following seven (7) elements describing how the Proposer will perform the assignment:
1. Transmittal Letter:
a. A letter of transmittal signed by an individual authorized to bind the Proposer stating the Proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the Proposer’s ability to perform the work requested, a history of the Proposer’s background and experience providing services.
b. Conflict of Interest Statement: The Proposer shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of the a greement. Particular attention should be paid to compliance with Government Code section 1090.
2. Proposer’s Qualifications and Staffing:
516Exhibit 2
10 a. Proposer’s qualifications applicable to this project including the names, qualifications, and proposed duties of the Proposer’s staff to be assigned to this project. Proposer may substitute other staff of at least equal competence only after prior written approval by the City. The emphasis will be on the qualifications and experience of the proposed Proposer Representative. The proposal must indicate who will have primary responsibility for this service.
3. References:
a. Identify and provide references and experiences relative to City’s needs for the individual who will be assigned as the Proposer Representative. The identified Proposer Representative is to remain as the primary contact for the duration of the contract unless otherwise requested by the City or requested by the Proposer and approved by the City.
b. A listing of recently completed projects relevant to the City ’s needs, or similar services and contracts with other agencies including the names, titles, addresses, and telephone numbers of the appropriate persons whom the City could contact.
c. Listing of sub -consultants is not required. Sub -consultants may be added to individual project proposals on an as needed basis, as approved by the City. Sub-consultants’ resumes may be requested for approval.
4. Additions or Exceptions:
a. A single and separate section with the heading “ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL” containing a complete and detailed description of all the Proposer’s exceptions to the provisions and conditions of the attached City standard Professional Services Agreement.
5. Pricing:
a. Submit a current fee schedule for all Proposer’s capabilities in a separate sealed envelope. The fee schedule shall include all hourly rates and reimbursable expenses including, but not limited to, hourly rates for all Principals, Project Managers, support staff, and reimbursable expenses.
Alternative fee schedules will also be considered. The rates are to remain the same throughout the duration of the agreement, including the optional two 1-year extensions. The outside of the envelope shall be labeled “FEE SCHEDULE” and identify the Proposer.
6. Pending Litigation:
a. Include an explanation and status, if in the last five years, the firm or an office or principal of the Proposer has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.
517Exhibit 2
11 7. Insurance:
a. Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample Professional Services A greement attached as Exhibit “A.”
VII. EVALUATION CRITERIA
The award of this agreement will be made to the most qualified Proposer whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies , if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the service provider to whom it is proposed to make such an award.
Proposals will be reviewed and evaluated by City staff and ranked based on qualifications, expertise, and cost-effectiveness.
If further clarifications or negotiations are required, on -site or virtual interviews may be conducted. Participation in these interviews will be at the expense of the Proposer(s).
The interview panel will be made up of staff members or representatives fro m the City.
Recommendations will be forwarded to the City Council for final selection and award.
Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.
Each proposal will be considered along with those of other responding Proposers, with respect to ability to perform effectively and efficiently those Scope of Services outlined in Section V, above.
Close coordination with the City is required to assure that all requirements will be met.
The City reserves the right to withdraw this RFP at any time without any prior notice.
Further, the City makes no representations that any agreement will be awarded to any Proposer responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
518Exhibit 2
12 IX. SELECTION PROCESS
All proposals submitted by the required deadline will be reviewed for adequacy, completeness, content, approach to service delivery , qualifications and other criteria developed during the review process.
The Agreement will be awarded to the Proposer deemed by the City to be the best qualified for the scope of services. Proposers are encouraged to elaborate on their qualifications, performance data, and staff expertise relevant to the proposed project.
519Exhibit 2
13 EXHIBIT “A”
520Exhibit 2
1 2024
PROFESSIONAL SERVICES AGREEMENT
(Engagement: INSERT DESCRIPTION OF ENGAGEMENT)
(Parties: INSERT NAME and City of Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ______ day of ____________ 2024 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS , a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME (hereinafter, “CONSULTANT”).
For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties. ” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires INSERT THE KIND OF SERVICES REQUIRED; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently pr ovide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term of ________ (___) years commencing on ____________ through ___________ (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one -year extensions, provided the City Manager issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “ INSERT TITLE OF REQUEST FOR PROPOSALS” (hereinafter, “CITY RFP”) dated INSERT DATE OF RFP , and the written proposal of CONSULTANT entitled “ INSERT TITLE OF PROPOSAL” (hereinafter, the “CONSULTANT PROPOSAL”) dated INSERT DATE OF PROPOSAL . The CITY RFP and the CONSULTANT 521Exhibit 2
2 PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the d ocument entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further.
In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work contemplated under this Agreement on an as -needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY.
CITY requests for the performance of specific as-needed services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “ Task Order”). The standard Task Order form will be provided by the City Representative and shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONSULTANT shall perform no as-needed work under this Agreement without a signed Task Order provided by the City Representative, containing the information set forth in Section 1.3 (A), above.
C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONSULTANT shall begin and complete performance of the Work in a timely and a diligently manner as possible. 522Exhibit 2
3 1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT ” beginning on page ___ of the CONSULTANT PROPOSAL (hereinafter, the “ FEE SCHEDULE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted annual aggregate sum of INSERT WRITTEN AMOUNT ($ INSERT NUMBER), (hereinafter, the “Annual Not-to-Exceed Sum”), during the Term of this Agreement unless such added expenditures are first approved by the City Council.
In the event CONSULTANT’s charges are projected to exceed the Annual Not-to- Exceed Sum prior to the expiration of this Agreement , CITY may suspend CONSULTANT’s performance pending CITY ’s approval of any anticipated expenditures in excess of the Annual Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION : Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including any applicable Task Order services and the reimbursable out-of- pocket expenses incurred. If the amount of CONSULTANT ’s compensation is a function of hours work ed by CONSULTANT ’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any dispute d amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
523Exhibit 2
4 II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “ City Representative”) to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.
CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE , to act as its representative for the performance of this Agreement (hereinafter, “ Consultant Representative”).
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS :
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES : CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all W ork skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Work within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws 524Exhibit 2
5 and regulations in connection with the Work. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work p erformed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absen ce of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will 525Exhibit 2
6 constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATE: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar o r different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS : If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants are determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS : CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all 526Exhibit 2
7 applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insuran ce coverage, at its own expense:
A. Commercial General Liability Insurance : CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent . Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance : CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($ 1,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy 527Exhibit 2
8 of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS : The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING : All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best ’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor ’s rating of no less than BBB according to the latest published edition of the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer ’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All polic ies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self -insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, s ubcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees agents and volunteers.
3.6 VERIFICATION OF COVERAGE : CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well -being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish 528Exhibit 2
9 CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE : In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insu rance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance o f this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY wou ld not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein .
Notwithstanding the foregoing, to the extent CONSULTANT’s Work are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restri cted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the C ity Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure 529Exhibit 2
10 to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTA NT’s obligations to indemnify the C ity Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement , or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appoin ted officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, office rs, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not , waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
530Exhibit 2
11 5.1 TERMINATION WITHOUT CAUSE : CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination . Upon such termination for convenience , CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of 531Exhibit 2
12 an Event of Default under this Section 5.2 (B)(i) that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 (B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT ’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligat ions under this Agreement within the specified time or if no time is speci fied, within a reasonable time; (iii) CONSULTANT’s and/or its employees ’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT ’s issuance of a Default Notice unless the Event of Default cannot r easonably be cured within the 45 -day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1. 5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT ’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension 532Exhibit 2
13 Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach .
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligation s imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT ’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
533Exhibit 2
14 5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY : All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONS ULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT i n the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT : CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California Fals e Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
534Exhibit 2
15 CONSULTANT: CITY:
INSERT CONSULTANT NAME
INSERT ADDRESS
Attn: INSERT PERSON OF CONTACT
NAME
Phone: INSERT PHONE NUMBER
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: DEPARTMENT DIRECTOR
Phone: CITY PHONE NUMBER
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS : The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resultin g from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE : This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, the venue , without exception, will be in the Los Angeles 535Exhibit 2
16 County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, the venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS : This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT : This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and sig ned by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS : In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT : This Agreement, including all attached exhibits , constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid 536Exhibit 2
17 and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the c auses of the delay.
The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
537Exhibit 2
18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Stephanie Vasquez, City Attorney
CONSULTANT NAME:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
538Exhibit 2
20 EXHIBIT “B”
CONSULTANT PROPOSAL
539Exhibit 2
100 E. Huntington Drive
Suite 207,
Alhambra, CA 91801
Proposer Representative:
Omar E. Hernandez | President
Proposer:
Phone: (626) 414-3645
Fax # (626) 389-5636
www.global-urban.com
Due date:
August 1, 2024
7100 arÇeld Avenue
Bell Gardens, CA 90201
Attn:
Jennifer Pineda
Executive Assistant
AS NEEDED GRANT WRITING/
ADMINISTRATION AND PROGRAM
MANAGEMENT SERVICES540Exhibit 2
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TABLE OF
CONTENTS
541Exhibit 2
August 1, 2024
Jennifer Pineda | Executive Assistant
City of Bell Gardens
7100 GarÇeld Avenue
Bell Gardens, CA 90201
Dear Ms. Pineda
Global Urban Strategies, Inc. (Global) is pleased to present our comprehensive proposal for as needed grant writing/administration and program management services for the City of Bell Gardens. We have a deep appreciation for the City of Bell Gardens’ rich history and vibrant community. From its early agricultural roots to its status as a dynamic city with beautiful parks and growing economic stability, we are committed to leveraging our expertise in crafting competitive grant applications alongside our expert program management and grant administration capabilities, supporting Bell Gardens in achieving its goals and enhancing the well-being of its residents.
Global is a certi Çed Disabled Seteran Business Enterprise (D SBE), Small Business Enterprise (SBE), and Disadvantaged Business Enterprise (DBE). Established in 2016, our Çrm has grown to encompass a dedicated team of 27 skilled professionals. We specialize in a comprehensive range of services, including grant writing and administration, innovative program design and management, community outreach, expert technical assistance, graphic design, and communications. Jhis diverse array of expertise re Èects our multifaceted capabilities and underscores our commitment to delivering exceptional results.
Our collaborative efforts extend across various California municipalities, public agencies, and foundations. In 2023, we achieved a milestone by securing nearly $33.8 million in state and federal grant funding for our clients. Our approach aims to thoroughly understand our clients’ needs and priorities. Our team conducts comprehensive analyses, researches grant opportunities, and formulates tailored action plans for state, federal, and foundation grant submissions. As desired, we remain a consistent presence throughout the process, providing ongoing assistance that encompasses grant administration, program management, and community outreach, ensuring transparency and accountability.
542Exhibit 2
Global Urgan Strategies, Inc.
100 E. Huntington Drive
Suite 207,
Alhambra, CA 91801
Phone: (626) 414-3645
Fax # (626) 389-5636
www.global-urban.com
Omar E. Hernandez
President
Global currently holds a contract with the City of Bell Gardens for as-needed grant writing/ administration and program management services. This existing relationship does not constitute a conÈict of interest. Global is committed to full transparency and compliance with all applicable regulations, including Government Code section 1090. Global will ensure that the services remain impartial and in the best interest of the city.
Our extensive experience and unwavering dedication make us the ideal partner to bring your vision to life. We are committed to exceeding your expectations while adhering to project timelines and maintaining the highest quality standards. We have read and will comply with the terms and conditions of the RFP . We value the opportunity to partner with the City of Bell Gardens on this valuable initiative. Should you have any questions or require additional information, please do not hesitate to contact me, Omar E. Hernandez, at (626)-414-3645 or via email at
[email protected].
Respectfully,
543Exhibit 2
p. 5
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024
QUALIFICATIONS
AND STAFFING
022
2 02
NS
NS
544Exhibit 2
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 p. 6
4uaOiࡼcations and Staࡺng
Omar E. Hernandez, President, leads the Global Urban Strategies team with over 23 years of experience in governmental advocacy, project management, stakeholder engagement, and grant writing. His remarkable interpersonal, analytical, and organizational abilities make him an invaluable asset to the team. Raised in Nickerson Gardens in Watts, Mr. Hernandez possesses a unique insight into the challenges faced by marginalized communities. This personal understanding deeply informs his approach to addressing issues like resource scarcity and program accessibility.
Mr. Hernandez’s track record includes spearheading projects that integrate diverse sectors across California. He has been instrumental in developing over $1.2 billion in housing and commercial projects, involving extensive community outreach and education. A notable achievement of Mr.
Hernandez is his role in creating a coalition of cities within the San Gabriel Salley. This coalition successfully advocated for the Eastside Gold Line Extension Phase 2 and the 710 Extension project. He facilitated the creation of Memorandums of Understanding (MOUs) between six cities, forming a collaborative spending plan for equitable cost distribution. Furthermore, he effectively brought together community members, stakeholders, and community-based organizations to champion these signi Çcant infrastructure projects. This accomplishment underscores Mr. Hernandez’s ability to foster collaboration and advocacy at multiple levels, ensuring the successful advancement of vital community projects.
Mr. Hernandez will have primary responsibility for this service. He will oversee procurement, quality control, and contractual administration. With extensive experience and strategic leadership, he ensures that all projects align with the client goals, meet the highest quality standards, and adhere to contractual obligations. His expertise in negotiating and managing contracts, coupled with his keen understanding of resource allocation and risk management, make him an invaluable asset in maintaining strong client relationships and driving the successful acquisition and administration of funding.
Allyson Ragan, Director of Grant Acquisition, oversees the strategic planning and execution of grant proposals and acts as the central point of contact for all grant-related activities within the organization. She has a rich background in grant development, notably coordinating with the Federal Highway Administration (FHWA), Indiana Department of Transportation (INDOT), local governments, and the public. She was pivotal in developing and maintaining a Çve-year Transportation Improvement Program (TIP), which details federally funded and regionally signiÇcant multimodal transportation projects, including local road and highway investments, safety improvements, public transit, and bicycle and pedestrian infrastructure. She skillfully administered $16 million in federal funds annually to local governments, promoting a safe and efÇcient multimodal transportation network. Her expertise extends to leading stakeholder and community engagement for long-range transportation plans, innovatively using social media for outreach, organizing workshops, and developing surveys to gather insights on public priorities and regional transportation deÇciencies.
QUALIFICATIONS AND STAFFING
545Exhibit 2
p. 7
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 Most recently, Ms. Ragan secured funding from the US DOT Safe Streets and Roads for All (SS4A) program to develop a Sision Zero Safety Action Plan, making this her second US DOT SS4A award.
Other notable accomplishments include funding acquisition for projects focused on inclusionary zoning and in Çll development, social service navigation, sustainable park development, recreational programming, and workforce development. For this project, Ms. Ragan will serve in a crucial role focusing on client relations, strategic oversight, and quality control for all grant related projects.
Nicole Piliego, Senior Grant Writer, is a pivotal member of the Global team. She excels in crafting compelling narratives and navigating complex projects from conception to completion.
Mrs. Piliego works closely with the Director of Grant Acquisition to manage the entire grant lifecycle, ensuring that each proposal effectively communicates our clients’ objectives and aligns with funding priorities. Her role includes providing day-to-day client support, conducting needs assessments and grant research, and overseeing the development of grant applications.
Before her time at Global, Mrs. Piliego worked as a Major Gifts Of Çcer for the Feeding America network, where she used her skills in fundraising, business development, and grant writing to secure over $2.7 million in funding for social justice initiatives and marginalized communities.
In addition to her wealth of experience, she has an extensive educational background, including a Master of Arts degree in communication management, a Bachelor of Arts degree in public relations, and a certiÇcation in project management from the Project Management Institute.
Maisie Peters, Grant Writer, works closely with the Senior Grant Writer and Director of Grant Acquisition to develop engaging grant proposals and ensure the timely execution of all components of the funding process. Drawing from her professional experience and training, Ms.
Peters drafts persuasive grant narratives that integrate funder priorities with client goals. Beyond developing proposals, her role includes reviewing notice of funding opportunities, drafting grant timelines and budgets, maintaining detailed documentation records, and updating internal databases. She works with the Grant Acquisition and Administration teams to ensure the timely, organized, and efÇcient execution of all elements of the grant lifecycle.
Before her current position, Ms. Peters served as a Development and Communications Intern at a conservation nonpro Çt, assisting with grant writing, content creation, event planning, and marketing efforts. In this role, she secured local, state, and foundation funding for various initiatives, including arts and cultural programs, wildlife and ecosystem conservation, environmental education, and staff professional dev elopment. In addition to her professional experience, she has completed training through the American Grant Writers’ Association and obtained the credential of CertiÇed Development Professional through Grant News Watch.
Domonique Dunnick, Senior Grant and Program Administrator, brings exceptional organizational skills and attention to detail to the Grant Administration team. In her current role, Mrs. Dunnick has revitalized the program administration processes for numerous public agencies. She has implemented ef Çcient systems, optimized resource allocation, and signi Çcantly improved project outcomes for the clients of Global Urban Strategies. She collaborates with public agencies to implement funded programs, employing coalition building and stakeholder engagement to ensure enhanced program impact. Mrs. Dunnick will oversee 4uaOiࡼcations and Staࡺng
546Exhibit 2
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 p. 8
all grant administration services for this project, including the execution of grant agreements, coordination of funding requests, reporting, and overall evaluation of project timelines.
Mrs. Dunnick has honed her skills over her career, which includes over 10 years of experience in public health. Her commitment to diversity and inclusion aligns seamlessly with the evolving funding landscape. Mrs. Dunnick’s strengths lie in program management, grant administration, budgeting, reporting, and partner coordination. She has a proven track record of ensuring that projects meet objectives and comply with grant requirements.
Brenda Cruz, Assistant Grant and Program Administrator, has extensive experience in coordinating, managing, and implementing multifaceted programs. She excels in managing the lifecycle of grants, ensuring compliance with guidelines, and developing streamlined reporting processes to enhance transparency and accountability. Her meticulous record-keeping, budget monitoring, and proactive stakeholder engagement have optimized fund allocation and utilization, ensuring successful initiatives. For this project, Ms. Cruz will assist with grant administration and program implementation.
Ms. Cruz holds a Bachelor of Art degree from the University of California and a Master of Art Education degree from California State University. She has also obtained certi Çcations from Stanford Graduate School of Business and Google. Her strong academic background and professional certiÇcations complement her hands-on experience, making her an asset to any project.
Taylor Pak, Assistant Program Manager, has a proven track record in enhancing program effectiveness through innovative data collection systems. Skilled in workÈow optimization and client engagement, she excels in managing cross-functional teams and ensuring exceptional project outcomes with comprehensive evaluations and data analysis. For this project, Ms. Pak will assist with grant administration and program implementation.
Ms. Pak is Èuent in English and .orean, fostering collaboration in multicultural environments.
Her ability to optimize work Èows and engage clients effectively has made her a key asset in managing cross-functional teams. Her dedication to continuous improvement and professional development further ampliÇes her contributions to our organization.
Jackeline Landa, Creative Director, plays a vital role in elevating the visual presentation of grant packages, infographics, and maps. Her expertise in creating visually engaging and appealing content is crucial to bringing projects to life, ensuring they are informative and aesthetically appealing. Her ability to transform complex messages into clear and accessible infographics is particularly notable, making intricate ideas easy to understand and enhancing the effectiveness of clients’ communication strategies. Ms. Landa redeÇnes the visual identity of various clients, tailoring designs to resonate with diverse audiences and developing community- friendly messaging sensitive to economic and social contexts. For this project, she will work closely with her graphic design team to create visually compelling grant proposals and any post- award marketing collateral.
Ms. Landa holds a Master of Arts degree in communication, a postgraduate certiÇcate in strategic 4uaOiࡼcations and Staࡺng
547Exhibit 2
p. 9
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 management, and a Bachelor of Arts degree in graphic design. Ms. Landa’s contributions are essential to the success of Global’s clients, bringing a unique blend of artistic vision and strategic thinking to diverse projects.
4uaOiࡼcations and Staࡺng
Please note that resumes of key personnel are included in the appendix section of this document.
548Exhibit 2
p. 10
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024
APPROACH
03 549Exhibit 2
p. 11
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 Approach
Task 1 – Funding Needs Analysis
Global Urban Strategies will work closely with the City of Bell Gardens to evaluate current funding priorities and uncover new funding opportunities. The team will begin by meeting with various city departments to understand their goals, challenges, and existing funding priorities. These meetings will provide a clear picture of what is important to the city and help identify existing partnerships that can later be used to strengthen grant applications. During these discussions, a communication plan will be established to regularly update city departments on new grant opportunities and provide detailed monthly reports summarizing our activities, time expended, and progress made.
Simultaneously, Global will analyze relevant data, such as workforce development statistics, economic reports, and labor market trends. This parallel approach ensures that the qualitative insights gathered from stakeholder meetings are reinforced with robust quantitative data. The outcome of this combined effort will be a detailed needs assessment report. This report will include a SWOT analysis to understand the strengths, weaknesses, opportunities, and threats related to the city’s funding needs, as well as recommendations for validating current priorities and identifying new areas for funding.
Task 2- Grant Funding Research
Using insights from the assessment report, Global will identify and align appropriate funding opportunities to meet the city’s needs. The team will conduct extensive research using databases such as Grants.gov, Grant.CA.gov, Grant Watch, Grant Forward, Candid Foundation Directory, and Grant Scape to Çnd grants from federal, state, regional, and local agencies. For example, at the federal level, Global will look for Department of Transportation (DOT) grants for transportation and infrastructure projects, Department of Justice (DOJ) grants for criminal justice technology and programming, and Department of Housing and Urban Development (HUD) grants for housing and community development initiatives. This process will produce a curated ongoing list of grants with crucial details like eligibility requirements, application deadlines, and funding availability.
Additionally, the team will be available for on-call grant funding research to address any emerging needs or opportunities. For each grant opportunity the city decides to pursue, Global will develop a scope of work outlining the application requirements to complete the work. If the city decides to use our services through our hourly rate model, Global will also develop a cost proposal with the estimated price to complete the project. Once approved, Global will develop a detailed work plan and approach for the application.
Task 3- Proposal Development
Global Urban Strategies takes the lead in developing all application materials for grant proposals.
This comprehensive service includes completing all necessary forms, drafting letters of support, fostering strategic partnerships, and crafting a compelling grant narrative. Global will work collaboratively with the city to develop a detailed budget that aligns with the project’s objectives and funding requirements. As needed, Global will actively collaborate with and solicit feedback from community members, organizations, and local leaders to ensure that community engagement remains at the forefront of all grant applications. In a world where information overload is the norm, visuals make a proposal stand out. Global’s dedicated Graphic Design team creates visually engaging grant proposals, incorporating eye-catching graphics, images, maps, and infographics that not only break up the monotony of text but also effectively convey key messages. These visual elements
APPROACH
550Exhibit 2
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 p. 12
capture the attention of grant reviewers, making it more likely for them to remember and respond positively to the proposal.
Task 4- Proposal Review and Submission
Global Urban Strategies will facilitate an application review process with city staff and gather feedback on the Çnal draft before submission. The Global team will implement revisions and edits promptly.
Global will take responsibility for submitting the grant application and ensuring all requirements and deadlines are met. The team will electronically forward the completed grant application to the city for Çnal approval before submission. Additionally, the team commits to handling any follow-up communication or addressing questions that may arise from the funding agency, ensuring a smooth and comprehensive application process. Should the city choose, Global Urban Strategies further offers grant administration and project management services to support the implementation and management of awarded grants.
Task 5- Grant Administration and Program Management
Global Urban Strategies’ commitment extends beyond grant acquisition, encompassing grant administration and project management services. The team’s presence throughout the post-award phase guarantees a seamless transition from funding acquisition to project execution, fostering transparency, efÇciency, and accountability. Global’s approach to grant administration begins with diligent oversight of Çnancial disbursements, ensuring funds are allocated in strict accordance with grant guidelines and project objectives. The team will work closely with the City of Bell Gardens to establish robust Çnancial management protocols, including budget tracking, expenditure monitoring, and reporting mechanisms, ensuring regulatory compliance and Çscal integrity.
Throughout the project lifecycle, the team will continuously explore avenues for leveraging additional resources, partnerships, and in-kind contributions to maximize the impact and sustainability of funded initiatives. In tandem with Çnancial management, Global assumes responsibility for project management, coordinating all project activities, milestones, and deliverables to ensure timely and successful implementation. By promoting a culture of inclusivity and transparency, the team empowers community members to actively participate in the project lifecycle, fostering a sense of ownership and collective responsibility. Mr. Hernandez, a product of Nickerson Gardens in Watts and South-Central Los Angeles, offers a distinct perspective on the obstacles confronting marginalized communities, enriching Global’s understanding and approach to addressing their needs. Throughout the grant administration and project management process, the team remains vigilant in monitoring and evaluation efforts, conducting periodic assessments to gauge progress, identify challenges, and adapt strategies as needed. By maintaining a proactive stance towards risk management and mitigation, Global safeguards project success and optimizes outcomes for the beneÇt of the community.
Approach
551Exhibit 2
p. 13
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024
REFERENCES
04 0
552Exhibit 2
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 p. 14
References
REFERENCES
(626) 855-1500
[email protected]
BOB LINDSEY
City Manager
Project Description: Obtain state and federal funding for parks and transportation projects. Design outreach materials and press releases as part of the city’s communication campaign. Conduct grant administration and project management for various projects.
Type of services provided: Grant Acquisition, Grant Administration, Project Management, Graphic Design, Community Engagement.
(626) 318-4470
[email protected]
SERGIO GONZALEZ
City Manager
Project Description: Obtain state and federal funding for clean transportation, housing and community development, health and human services, park access and urban greening projects. Conduct grant administration and project management for various initiatives. Manage the Calhome program on behalf of the city.
Type of services provided: Grant Acquisition, Grant Administration, Project management, Program Management.
(818) 400-4995
[email protected]
ALMA MARTINEZ
City Manager
Project Description: Obtain state and federal funding for public works, parks and infrastructure projects. Develop press releases, external communications, and graphic design. Create compelling speeches and presentations on various topics. Engage with the community to obtain consensus on contentious issues in the city.
Type of services provided: Grant Acquisition, Graphic Design, Community Engagement.
553Exhibit 2
p. 15
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 Global Urban Strategies is poised to help the City of Bell Gardens achieve its strategic goals through targeted and innovative approaches to grant writing, grant administration, and program management.
Global has demonstrated its ability to secure funding in alignment with client goals for a wide array of initiatives, working hard to unify social responsibility with community values and city priorities to create compelling proposals and effective programs. Global’s expertise in conservation and green infrastructure planning will support the City of Bell Garden’s mission to promote sustainable development and ensure a safe and healthy future for the city, its residents, and the environment.
To ensure a diverse and equitable community, Global will leverage its experience in securing funding for affordable housing projects, workforce development initiatives, and broadband access, utilizing outreach and community engagement practices to foster collaboration and inclusion.
Over the past Çve years, Global Urban Strategies has secured $23,031,044 in grant funding for the City of Bell Gardens, underscoring our success in obtaining crucial resources for the city’s initiatives.
Through effective data collection and analysis, we uncover hidden insights and trends, allowing us to craft persuasive narratives that highlight the impact of our clients’ initiatives on the community.
The following examples showcase successfully funded projects by Global Urban Strategies, demonstrating our commitment to fostering meaningful change and transforming visionary ideas into funded realities.
Name:
Clean California Local Grant Program
Funder: California Department of Transportation (Caltrans) Client: Housing Authority of the City of Los Angeles (HACLA) Services: Grant Writing; Grant Administration
Award: $3,902,000
Description: Global Urban Strategies partnered with the Housing Authority of the City of Los Angeles (HACLA) to successfully secure a $3,902,000 award from the Clean California Local Grant Program. The Jordan Downs Sustainable and Equitable Communities Initiative aims to improve the community of Jordan Downs through four key components:
(1) creating a variety of outdoor recreation spaces and amenities at Children’s Park; (2) implementing climate mitigation strategies through a vermicomposting project; (3) expanding and implementing the Green Ambassador Program; and (4) developing an art installation and signage program within at least eight locations throughout the community.
The Grant Acquisition and Administration teams at Global developed a successful proposal and implementation strategy that reduced waste and debris, beauti Çed public spaces, improved spaces for recreation, and advanced equity for underserved communities in the Jordan Downs neighborhood.
References
t Child ’ P k (2) i
554Exhibit 2
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 p. 16
Name: California Advanced Service Fund (CASF) Adoption Account Funder: California Public Utilities Commission
Client: City of La Puente
Services: Grant Writing; Grant Administration
Award: $161,975.00
Description: The California Public Utilities Commission, through the California Advanced Service Fund (CASF), provides funding to increase internet access and promote digital inclusion, aiming to stimulate economic growth, job creation, and the social bene Çts of advanced information and communication technologies. With the assistance of Global Urban Strategies’ Grant Acquisition team, the City of La Puente secured $161,975 to enhance internet access and digital literacy among its citizens, aligning with the California Public Utilities Commission’s mission to empower Californians through access to affordable utility services and infrastructure. Global’s Grant Administration team is collaborating with the city to design and implement digital literacy workshops, focusing on La Puente’s underserved populations, including youth and senior citizens. To prepare for the launch in January 2025, our highly skilled Administration team will conduct community outreach, develop curriculum, create marketing materials, and manage overall project planning to ensure the effectiveness of these workshops.
Name:
Local Aging and Disability Action Planning Grant
Funder: California Department of Aging
Client: City of La Puente
Services: Grant Writing; Grant Administration
Award: $161,975.00
Description: Global Urban Strategies partnered with the City of La Puente to plan and execute a California Local Aging and Disability Action Planning (LADAP) Grant administered by the California Department of Aging. Through a well-developed and engaging proposal, Global secured $200,000 for the City of La Puente to develop a Local Action Plan that enhances livability for older adults, people with disabilities, and caregivers through cross-sector collaboration. Global’s Grant Acquisition and Grant Administration teams assisted the city in creating a strategic blueprint dedicated to fostering age- and disability-friendly environments, including a budget, plan for service coordination, and strategy for community engagement. This initiative will successfully improve service coordination, expand accessibility, and address systemic inequities to support the dignity and quality of life of La Puente’s aging and disabled residents. The program advances the mission set forth by the California Department of Aging to transform the aging process for individuals, families, and communities by leading programs to increase choices, equity, and well-being for all Californians.
References
d $161 975 t h
555Exhibit 2
p. 17
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 Name: Neighbor to Neighbor Grant
Funder: &DOLIRUQLD9ROXQWHHUV_2ɚFHRIWKH*RYHUQRU
Client: City of Bell Gardens
Services: Grant Writing
Award: $250,000
Description: The City of Bell Gardens was awarded $250,000 to strengthen local resilience and neighborhood engagement around climate resilience and disaster preparedness. Global Urban Strategies’ Grant Acquisition team played a crucial role in this success by developing the project scope, cost management, procurement plan, and project management structure for the project. This initiative encompasses 25 unique community projects to enhance community networks by boosting volunteerism, improving social bonds, and promoting climate action and disaster preparedness. Through these efforts, the programs support California Solunteers’ mission to engage Californians in service, volunteering, and civic action to tackle the State’s most pressing challenges, thereby fostering stronger, more resilient communities in Bell Gardens.
Name:
Californians for All Youth Service Corps
Funder: California Volunteers
Client: City of La Puente
Services: Grant Writing
Award: $2,000,000
Description: The Californians for All Youth Service Corps Grant Program empowers youth through meaningful employment opportunities, aiming to foster civic engagement and build a diverse, skilled workforce across California. Global successfully secured funding for La Puente’s Youth Workforce Development Program, which provides employment training and support in food service, digital literacy, community services, city beauti Çcation, and administrative support. .ey components include professional development, community engagement, and partnerships with local organizations. Our success can be attributed to a thorough needs assessment, detailed program design, comprehensive budget, strong community partnerships, and an action plan for implementation and evaluation.
References
556Exhibit 2
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 p. 18
Name: School Violence Prevention Program
Funder:86'HSDUWPHQWRI-XVWLFH_2ɚFHRI&RPPXQLW\2ULHQWHG Policing
Client: City of Bell Gardens
Services: Grant Writing
Award: $354,551.00
Description: Global Urban Strategies partnered with the City of Bell Gardens to plan and execute a School Siolence Prevention Program grant administered by the US Department of Justice. Through a well- developed and engaging proposal, Global secured $354,551 for the City of Bell Gardens to enhance security on school grounds. Global’s Grant Acquisition team assisted the city in creating a comprehensive project plan, budget, and program timeline. Additionally, Global helped Bell Gardens create an evidence-based strategy for integrating schools into the Police Department’s safety and communication network, including appointing a School Siolence Prevention Manager and enhancing Emergency Operations Plans (EOP) to improve technology integration and communication between schools and the Police Department. .ey components of the project involve emergency text messaging services and a social media digital forensic discovery platform to enhance internet safety for students, prevent bullying and child exploitation, and identify potential child predators. This initiative advances the mission of the COPS School Siolence Prevention Program to create safer school environments and foster a secure community in Bell Gardens.
Name:
Rebuilding American Infrastructure with Sustainability and Equity Discretionary Grant Program (RAISE)
Funder: U.S. Department of Transportation
Client: Housing Authority of the City of Los Angeles (HACLA) Services: Grant Writing
Award: $6,967,675
Description: The RAISE Grant Program provides federal funding for transportation projects that enhance safety, environmental sustainability, and quality of life. Global prepared an application for HACLA to improve the Wilmington Avenue Corridor, encompassing plans for the Rainbow Bridge replacement, Sision Zero strategies, and enhancements such as intersection improvements, traf Çc calming, sidewalks, public art, and way Çnding signage. This project promotes active transportation and inspires a healthier, more connected community with improved access to community assets like the Watts Cultural Trail. Guided by feedback from local organizations, we developed a data-driven narrative, conducted a detailed bene Çt-cost analysis, and formulated an itemized budget, successfully securing funding for this vital initiative.
References
557Exhibit 2
p. 19
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 Name: Climate Adaptation Planning Grant
Funder: California Department of Transportation (Caltrans) Client: City of Bell Gardens
Services: Grant Writing
Award: $200,000
Description: Global Urban Strategies partnered with the City of Bell Gardens to secure a $200,000 Climate Adaptation Planning grant administered by the California Department of Transportation. Global’s Grant Acquisition team used cutting-edge climate modeling tools to produce advanced climate projections, which were used alongside community feedback to develop tailored adaptation strategies and a detailed implementation plan to safeguard the community against climate-related risks. This initiative aligns with the California Department of Transportation’s mission to provide a safe and reliable transportation network that serves all people and respects the environment, ensuring Bell Gardens is better prepared for climate impacts and contributing to a more resilient and sustainable community.
References
558Exhibit 2
p. 20
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024
ADDITIONS OR EXCEPTIONS
TO THE CITY’S REQUEST FOR
PROPOSAL 05
05 R EXCEPTIONS
EXCEPTIONS
REQUEST FOR
REQUEST FOR
559Exhibit 2
p. 21
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 Additions or Exceptions
Global Urban Strategies, Inc. has thoroughly reviewed the City of Bell Gardens’ Request for Proposal and the attached city standard Professional Services Agreement.
Global has no additions or exceptions to the provisions and conditions outlined in the documents and is committed to fully complying with all terms and conditions as speciÇed.
ADDITIONS OR EXCEPTIONS TO THE CITY’S
REQUEST FOR PROPOSAL
560Exhibit 2
p. 22
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024
FEE SCHEDULE
06 0
E
E
561Exhibit 2
p. 23
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 Fee Schedule
FEE SCHEDULE
In line with the RFP requirements; a fee schedule has been provided in a separate document.
562Exhibit 2
p. 24
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024
PENDING LITIGATION
07 0
GATION
GATI
563Exhibit 2
p. 25
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 Pending Litigation
Global Urban Strategies, Inc. prides itself on maintaining the highest standards of professional integrity and ethical conduct. In the last Çve years, neither the Çrm nor any of Çce or principal of Global Urban Strategies, Inc. has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority. Global’s commitment to compliance, transparency, and accountability has ensured that it operates without any legal or regulatory issues affecting its operations or reputation.
PENDING LITIGATION
564Exhibit 2
p. 26
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024
INSURANCE
08 565Exhibit 2
p. 27
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 Insurance
WLTR005
THE HARTFORD
BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
SAN ANTONIO TX 78251 June 25, 2024
Global Urban Strategies, Inc
100 E HUNTINGTON DR STE 207
ALHAMBRA CA 91801-1022
Account Information:
Policy Holder Details : Global Urban Strategies, Inc
Contact Us
Need Help?
Chat online or call us at
(866) 467-8730.
We're here Monday - Friday.
Enclosed please find a Summary Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.
Sincerely,
Your Hartford Service Team
566Exhibit 2
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 p. 28
Sum of Insurance
June 25, 2024
Account Policy Information:
Agency Name WORLDWIDE INS NWK/SMRT
CHOICE/PHS
Agency Code 22270774
Recipient Information
Global Urban Strategies, Inc
100 E HUNTINGTON DR STE 207
ALHAMBRA CA 91801-1022
SUMMARY OF INSURANCE
Account
Policy Recap Policy Number Policy
Term Premium
Spectrum
Sentinel
Insurance
Company Ltd.
22 SBA AE9588 12/31/2023 to
12/31/2024 $1,018
Insurance
567Exhibit 2
p. 29
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 Summary of Insurance (Continued)
Sum of Insurance
Spectrum Summary of Insurance
With
Sentinel Insurance Company Ltd.
A member company of The Hartford
12/31/2023 to 12/31/2024
Property Coverages –
Special Form
Limit Deductible
Location 001 Building 001
100 E HUNTINGTON DR STE 207
ALHAMBRA CA 91801-1022
BUSINESS PERSONAL PROPERTY
Replacement Cost
$28,700 $1,000
STRETCH Not Applicable
LTD FUNGI BACTERIA/VIRUS COVG $50,000
LTD FUNGI BI # OF DAYS - 30
Property additional Policy Coverage – Applicable to all policy locations Coverage Name Limit Deductible
EQUIPMENT BREAKDOWN
COVERAGE
BUS INCOME W/ EXTRA EXPENSE
TERRORISM
IDENTITY RECOVERY COVERAGE
Comm’l Liability Coverages – Applicable to all policy locations Coverage Name Limit
EACH OCCURRENCE $2,000,000
DAMAGE TO PREMISES RENTED TO
YOU
$1,000,000
MEDICAL EXPENSE $10,000
PERSONAL & ADVERTISING INJURY $2,000,000
GENERAL AGGREGATE $4,000,000
PRODUCT/COMPLETED OPERATION
AGGREGATE
$4,000,000
TERRORISM
CYBERFLEX LIABILITY EXCLUSION
Class Description Detail
Insurance
568Exhibit 2
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 p. 30
Summary of Insurance (Continued)
Sum of Insurance
Location Number Class Description Class Code
001 Consultant - NOC 65781
001 Graphic Artists & Designers 65841
Insurance
569Exhibit 2
p. 31
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 Form SS 84 01 09 07 Page 1 of 2
© 2007, The Hartford
STRETCH SUMMARY
SUMMARY OF COVERAGE LIMITS
This is a summary of the Coverages and the Limits of Insurance provided by the Stretch Coverage form SS 04 08 which is included in this policy. No coverage is provided by this summary. Refer to coverage form SS 04 08 to determine the scope of your insurance protection.
The Limit of Insurance for the following Additional Coverages are in addition to any other limit of insurance provided under this policy:
Coverage Limit
Accounts Receivable – On/Off-Premises $ 25,000
Brands and Labels Up to Business Personal Property Limit Claim Expenses $ 10,000
Computer Fraud $ 5,000
Computers and Media $ 10,000
Debris Removal $ 25,000
Employee Dishonesty (including ERISA) $ 10,000
Fine Arts $ 10,000
Forgery $ 10,000
Laptop Computers – World-Wide Coverage $ 5,000
Off Premises Utility Services – Direct Damage $ 10,000
Outdoor Signs Full Value
Pairs or Sets Up to Business Personal Property Limit
Personal Property of Others $ 10,000
Property at Other Premises $ 10,000
Salespersons’ Samples $ 1,000
Sewer and Drain Back Up Included up to Covered Property Limits Sump Overflow or Sump Pump Failure $ 15,000
Temperature Change $ 10,000
Tenant Building and Business Personal Property Coverage- Required by Lease
$ 20,000
Transit Property in the Care of Carriers for Hire $ 10,000 Unauthorized Business Card Use $ 2,500
Valuable Papers and Records – On/Off-Premises $ 25,000
The Limits of Insurance for the following Coverage Extensions are a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy:
Coverage Limit
Newly Acquired or Constructed Property – 180 Days
Building $1,000,000
Business Personal Property $ 500,000
Business Income and Extra Expense $ 500,000
Outdoor Property $ 20,000 aggregate/ $1,000 per item
Personal Effects $ 25,000
Property Off-Premises $ 15,000
Insurance
570Exhibit 2
City of Bell Gardens
As Needed Grant Writing/Administration and Program Management Services August, 2024 p. 32