part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
SECTION 24. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
SECTION 25. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
SECTION 26. EXECUTION. 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.
[SIGNATURES ON FOLLOWING PAGE]
19
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, A Municipal PRECISION CONCRETE CUTTING Corporation
By: By:
Michael B. O'Kelly
City Manager Name:
Date: Title:
Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez
City Attorney
Date:
20
EXHIBIT "A"
CONTRACTOR PROPOSAL
21
d nniy by,the intended redipledt and Prtaclsidn Qdncrete d'+s ,loeure di this'inid'rrnation is prohibited.:: ,
Zj79 40 08Z abed
We'll repair your sidewalks for 70-90% less than sidewalk replacement, which means you can do more for your
community for less.
Patented technology that brings sidewalks into ADA compliance Our patented containment system captures dust and debris to bring you the cleanest process available.
loomf
Decrease liability on your pedestrian walkways
NI
We track our jobs with honesty and integrity. Invoices show measurements, locations and cost for each hazard.
Efficient systems with an average removal time of 20 minutes, no sidewalk closures.
Complete GIS integration, mapping, etc.
ENVIRONMENTAL IMPA T EXAMPLE: As a member of the U.S. Green Building Council (USGBC) we are proud of the fact that we reduce the impact to landfills and the environment as a result of our service.Removing and replacing 100 panels would result in approximately 118,500 pounds or 59 tons of concrete being removed (average panel weight of 1185 pounds) Using Precision Concrete Cutting for 100 trip hazards results in 0.3 tons of concrete removed and recycled, approximately 141 gallons of gasoline saved, and a reduction of 1.3 metric tons of Co2.
Our patented technology and innovative sidewalk repairs process leaves you with a beautiful, smooth surface that is ADA compliant — a result you can't get with grinding. Plus, our method saves you money! Zj79 4o I -8Z abed
Same trip hazard as the
above picture showing the
differences to grinding„
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.
Any copying or unauthorized disclosure of this information is prohibited.
Zj79 40 Z8Z abed
City of Commerce
City Manager -Public Works
2530 Commerce Way
Precision Concrete Cutting
13089 Peyton Dr 4C235
China Hills, Ca 91709
Sidewalk Inspection Report Matrix
City of Commerce - Zone 247
Emil Avenue
'Comm
:Ph: (3
ace, CA 90040
3) 722-4805
Total Sq. Ft.
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.
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Gage
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6354E. Emil Ave.
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2016.08-23
0.38 038
4 X
4 12
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33.9736938
l
-11814048
2 Emil Avenue
Watcher
Gage
6354 E. Emil Ave.
2016-08-23
0.88 0.38
5 X
4 5
20 lazard 2
33.9737816
-118.14048
3 Emil Avenue
Watcher
Gage
6350 E. Emil Ave.
2016-08-23
0.38 0.38
4 X
4 5
20 azard 3
33.9738121
-11814047
4 Emil Avenue
Watcher
Gage
6350 E. Emil Ave.
2016-08-23
0.5 0.25
4 X
4 5
20 H00400> 4
33.9739265
-11814042
5 Emil Avenue
Watcher
Gage
AF 6347 E. Emil Ave.
2016-08-23
0.38 0.25
4 X
4 5
20 azard 5
33.9739799
-118.1404
it 6
Emil Avenue
Watcher
Gage
AF 6347 E. Emil Ave.
2016-08-23
0.5 0.25
4 X
4 5
20 lazard 6
33.973999
-11814039
♦ 7
Emil Avenue
Watcher
Gage
AF 6347 E. Emil Ave.
2016-08-23
0.63 0.25
4 X
4 5
20 azar0I 7
33.9740372
-118.14037
7 8
Emil Avenue
Watcher
Gage
AF 6347 E. Emil Ave.
2016-08-23
0.5 0.25
4 X
4 5
20 axard 8
33.9740372
-118.14039
9 Em II Avenue
Watcher
Gage
AF 6335 Emil Ave.
2016-08-23
0 0
0 X
4 40
160
azard 0
33.9742546
-118.14026
X10
Emil Avenue
Watcher
Gage
AF 6327 Emil Ave.
2016-08-23
0.5 0.25
4 X
4 5
20 -lazard 7.0
33.9744072
-118.14018
X11
Emil Avenue
Watcher
Gage
AF 6327 Emil Ave.
2016-08-03
1.13 0.25
4 X
4 5
20 azard 11
33.9744415
-118.1402
X12
Emil Avenue
Watcher
Gage
6318 E. Emil Ave.
2016-08-23
1.38 0.25
4 X
4 5
20 azard 12
33.9745331
-118.1401
13 Emil Avenue
Watcher
Gage
6318 E. Emil Ave.
2016-08-23
0.5 0
4 X
4 5
20 )1022rd 13
33.9745789
-118.14008
X14
Emil Avenue
Watcher
Gage
6304E. Emil Ave.
2016-08-23
0.88 0.25
9 X
9 10
90 440rdl4
33.975071
-118.13987
#15
Emil Avenue
Watcher
Gage
6304 E. Emil Ave.
2016-08-23
0.38 0.25
9 X
9 15
135
lazard 7.5
33.9749565
-118.13982
716
Emil Avenue
Watcher
Gage
6201 W. Emil Ave.
2016-08-23
1.5 0.38
4 X
4 5
20 azard 1.6
33.9759102
-118.13928
717
Emil Avenue
Watcher
Gage
6205 W. Emil Ave.
2016-08-23
0.38 0.38
4 X
4 5
20 heard 17
33.9758987
-118.13932
X18
Emil Avenue
Watcher
Gage
6205 W. Emil Ave.
2016-08-23
0.88 0.38
4 X
4 5
20 'lazard 18
33.9759216
-118.13941
19 Emil Avenue
Watcher
Gage
6205 W. Emil Ave.
2016-08-23
0.63 0.5
4 X
4 5
20 lazard 19
33.9758911
-118.1394
:20
Emil Avenue
Watcher
Gage
6205 W. Emil Ave.
2016-08-23
0.63 0.5
5 X
4 5
20 azard 20
33.9758224
-118.13946
821
Emil Avenue
Watcher
Gage
6205 W. Emil Ave.
2016-08-23
0.5 0.13
4 X
4 5
20 lazard 21
33.9757957
-118.13947
:22
Emil Avenue
Watcher
Gage
6219 W. Emil Ave.
2016-O8-23
0.38 0.13
4 X
4 5
20 azard 22
33.9755325
-118.13968
x23
Emil Avenue
Watcher
Gage
6225 W. Emil Ave.
2016-08-23
0 0
0 X
4 32
128
lazard 23
33.9754181
-118.13972
724
Emil Avenue
Watcher
Gage
6231 W. Emil Ave.
2916-08-23
0.75 0.25
4 X
4 5
20 azard 24
33.9752693
-118.13984
X25
Emil Avenue
Watcher
Gage
6303 W. Emil Ave.
2016-09-23
0 0
0 X
4 26
104
§azard 25
33.9749413
-118.14006
26 Emil Avenue
Watcher
Gage
6315 W. Emil Ave.
2016-08-23
0.5 0.25
4 X
4 5
20 Hazard 26
33.9746857
-118.14021
27 Emil Avenue
Watcher
Gage
6315 W. Emil Ave.
2016-08-23
0.63 0.38
4 X
4 5
20 azard 27
33.9746628
-118.14021
728
Emil Avenue
Watcher
Gage
6315 W. Emil Ave.
2016.08-23
0.5 0.13
4 X
4 5
20 azard 28
33.9746513
-118.14023
7_29
Emil Avenue
Watcher
Gage
6319 W. Emil Ave.
2016-08-23
0.38 0.13
4 X
4 5
20 lazard 29
33.9746056
-118.14026
*30
Emil Avenue
Watcher
Gage
6323 W. Emil Ave.
2016.08-23
0.5 0.38
1 0
4 5
20 raxard 30
33.9745216
-11814032
X31
Emil Avenue
Watcher
Gage
6327 W. Emil Ave.
2016-08-23
1.25 0.5
4 X
4 5
20 Hazarc! 31
33.9744377
-11814035
: 32
Emil Avenue
Watcher
Gage
6327 W. Emil Ave.
2016-08-23
0.75 0.38
4 X
4 5
20 azard 32
33.9744148
-118.14034
X33
Emil Avenue
Watcher
Gage
6327 W. Emil Ave.
2016-08-23
1.25 0.75
4 X
4 5
20 liazsrr! 33
33.974411
-118.14037
34 Emil Avenue
Watcher
Gage
6327 W. Emil Ave.
2016-08-23
1.13 0.63
4 X
4 5
20 lazard 34
33.9743767
-11814039
X35
Emil Avenue
Watcher
Gage
6335 W. Emil Ave.
2016-08-23
0.38 0.25
4 X
4 5
20 Hazard 35
33.9743576
-118.14043
X36
Emil Avenue
Watcher
Gage
6341 W. Emil Ave.
2016-08-23
0.75 0.38
4 X
4 5
20 a.arrI 36
33.9741515
-118.14055
737
Emil Avenue
Watcher
Gage
6341 W. Emil Ave.
2016-08-23
1.38 0.5
4 X
4 5
20 Hazard 37
33.974144
-11814056
R38
Emil Avenue
Watcher
Gage
6341 W. Emil Ave.
2016-08-23
0.38 0.25
4 X
4 5
20 azard 30
33.9741287
-118.14056
X39
Emil Avenue
Watcher
Gage
6347 W. Emil Ave.
2016-08-23
0.38 0.25
4 X
4 5
20 lazard 1)5
33.9740715
-118.14059
40 Emil Avenue
Watcher
Gage
6345 W. Emil Ave.
2016-08-23
0.63 0.25
4 X
4 5
20 lazarc! 40
33.9740219
-118.14063
'41
Emil Avenue
Watcher
Gage
6351 W. Emil Ave.
2016-08-23
0.5 0.13
4 X
4 5
20 azard 41
33.9738083
-118.1407
742
Emil Avenue
Watcher
Gage
6357 W. Emil Ave.
2016-08-23
0.5 038
4 X
4 5
20 azard 42
33.9737167
-118.14072
X43
Emil Avenue
Watcher
Gage
6357 W. Emil Ave.
2016-08-23
0.5 0.25
4 X
4 5
20 azard 43
33.9736824
-118.14071
44 Emil Avenue
Watcher
Gage
6359 W. Emil Ave.
2016-08-23
0.5 0.25
4 X
4 5
20 lazard 44
33.9736481
-118.14072
X45
Emil Avenue
Watcher
Gage
6359 W. Emil Ave.
2016-08-23
1 0
4 X
4 5
20 azard 45
33.9735947
-118.14072
846
Emil Avenue
Watcher
Gage
6359 W. Emil Ave.
2016-08-23
1 0.5
4 X
4 5
20 lazard 46
33.9735718
-118.14071
747
Emil Avenue
Watcher
Gage
6367 W. Emil Ave.
2016-08-23
0.38 0
4 X
4 5
20 +azard 47
33.973484
-118.1407
48 Emil Avenue
Watcher
Gage
6367 W. Emil Ave.
2016-08-23
0.63 0
6 X
4 10
40 +azard 48
33.973465
-118.1407
X49
Emil Avenue
Watcher
Gage
6367 W. Emil Ave.
2016-08-23
1 0.38
4 X
4 5
20' 000r0149
33.9733849
-118.14075
Cell Totals
r 195 r
r
r
r
3 46
x1545
Zj79 40 £8Z abed
Map of hazard location Emil Avenue
Sidewalk Inspection Services and Responsibilities
1. CONTRACTOR shall inspect public right-of-ways designated on the maps.
2. CONTRACTOR shall determine tripping hazards, which shall include, but not be limited to:
a. Differential displacement between sidewalk sections 1/2" inch 21" b. Spall surfaces, holes in surfaces, and cracks above 1 inch wide or greater
c. Deteriorated joints that have an eroded condition and are 1" wide or greater
3. CONTRACTOR shall record location of damaged sections in a GPS device.
4. Data entered into the GPS device shall be provided.
5. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identification and description of each problem condition b. Physical address and location including GPS location data c. Size of hazards in height, length, and square foot
d. Probable cause of hazard, if evident
e. Pictures of damaged areas
f. Recommended action to be taken
85.67 SIDEWALK MILES DO NOT EXCEED $38,979.85
CO
CD
OD
O
a) The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.
Any copying or unauthorized disclosure of this information is prohibited.
Zj79 40 98Z abed
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.
Any copying or unauthorized disclosure of this information is prohibited.
Zj79 40 98Z abed
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.
Any copying or unauthorized disclosure of this information is prohibited.
'* RECISIONCONCRETE CUTTING
Mr. Alfredo Onate
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
Subject: Sidewalk trip hazard inspection requests.
Dear Mr. Alfredo Onate:
LA County and OC County
P: 909-539-7740
www.safesidewalks.com
Thank you again for the opportunity to help improve the safety of your walkways in the City of Bell Gardens. We work with cities all throughout California to improve the safety of their walkways and reduce the risk of liability.
We offer the most cost-effective solution to maintain your sidewalks while meeting your ADA requirements. Rather than messy grinding or costly replacement, we cut uneven sidewalks with precision diamond saws.
The benefits of our service include:
• Guaranteed ADA and OSHA Compliance
• A clean, attractive finish
• Complete removal in hard -to -reach places
• Quick removal with little disruption in service
• Cost-effective use of budget
• Longer -lasting sidewalks
• Satisfied community members
As requested, here is the proposal for the segments requested identified below.
Our Inspection Process:
• Identified hazard conditions including changes in vertical elevation (trip hazards), spall areas, joint and crack issues.
• Recorded actual measurements of Height, Width & Length of all damaged areas. • Calculated square footage of all affected sidewalk panels. • Photographed all hazard locations.
• Identified severe tree and root prune issues.
• Recommended repair methods and areas that require complete reconstruction. • Plotted GPS Maps locations of all hazard locations.
• Survey categorized by city zone information.
• Detailed survey report on a street -by -street basis. • Hard and soft copies provided on a street -by -street and district -by -district basis.
January 23, 2025
1
Then following is a summary of our price proposal.
OUR QUOTATION
PRICE SUMMARY
Location: City of Bell Gardens
West of Garfield Ave.
East of Garfield Ave.
# of sidewalk miles
58.39 27.28
Total number of sidewalk miles to be inspected 85.67
THE PRECISION DIFFERENCE
LA County and OC County
P: 909-539-7740
www.safesidewalks.com
Price to Inspect
$26,567.45
$12,412.40
$38,979.85
We measure each individual hazard and cut the proper distance from the back of the hazard to provide a smooth ADA-compliant ramp flush with the adjacent concrete slab.
Ash 4461Ataiiia\
mem
January 23, 2025
2
EXHIBIT "B"
CJPIA AGREEMENT
22
Los Angeles/Central California
P: (888) 881-9816 F: (818) 698-8280
www.SafeSidewalks.com
ADA Compliant Safe Sidewalks - Sidewalk Assessment Service — Uneven Sidewalk Repair May 1, 2024
Abraham Han
Senior Risk Manager
California JPIA
8081 Moody Street
La Palma, CA 90623
Hello Abraham:
For your reference, we have implemented the annual 3% allowable price increase in the Master Service Agreement to offset the increase in the CPI, Prevailing Wage, fuel, and other costs incurred over the past year. This price increase will help us continue to provide the highest quality service to you and your members.
Please see the breakdown below of the changes to our Schedule of Rates over the previous period. As per the agreement, this price increase is in effect for all quotations, contracts, and amendments beyond the one-year anniversary date of February 15, 2024.
Uneven Sidewalk Repair with Sidewalk Assessment
Hazard Clasp ' '
;Less $e a
114"" > to 112
Severe 5�8 -
�
y r
Mast Se e �
Ab©ve 1 °
Linea,
ell
per LAC'
Sq ,
per L©lC?
CJPIA MSA 2023
$37.00
$74.00
$148.00
5 25 Sc Ft
CJPIA MSA 2024
$38.11
$76.22
$152.44
5 25 Sc Ft
Uneven Sidewalk Repair Only
Hazard Class
Less Severe
114" y t© 112"�
Severe 18
A
' Most Severe"
1 6 ue
Line I FEE
`F
per OC
CJPIA MSA 2023
$31.00
$62.00
$125.00
5 25 Sc Ft
CJPIA MSA 2024
$31.93
$63.86
$128.75
5 25 Sc Ft
Survey Only
Per mile
CJPIA MSA 2023
455
CJPIA MSA 2024
468
I have attached a copy of the current 2023 Master Services Agreement for your reference.
Precision Concrete Cutting, Los Angeles -Central CA, Inland Empire Office, 5737 Kanan Road, #718, Agoura Hills, CA 91301
Los Angeles/Central California
P: (888) 881-9816 F: (818) 698-8280
www.SafeSidewalks.com
We are very grateful to work with the CJPIA as your strategic partner and deeply appreciate your continued support and opportunity to work with you and your members. We look forward to continued progress in the coming year.
Please contact me immediately with any questions or concerns at 858-699-1089.
Yours sincerely;
Gary Beneduci
General Manager
Precision Concrete Cutting
Los Angeles, Central Coast, Riverside, OC
888-881-9816 Office
858 699 1089 Cell
Precision Concrete Cutting, Los Angeles -Central CA, Inland Empire Office, 5737 Kanan Road, #718, Agoura Hills, CA 91301
2
MASTER SERVICE AGREEMENT
This Master Services Agreement (AGREEMENT) made as of this date, February, 15, 2023, by and between Precision Concrete Cutting ("CONTRACTOR") and The California Joint Powers Insurance Authority ("AUTHORITY").
This AGREEMENT is created for the sole purpose of establishing an agreed -upon set of services and related costs in order to allow California JPIA members ("MEMBER") access to professional sidewalk inspection and maintenance services.
Further, this AGREEMENT creates no obligation or expectation that any work will result from this agreement. The CONTRACTOR's specific services are defined below, and are available to members on as as -needed basis; the exact tern's and conditions of such services are to be arranged between CONTRACTOR and MEMBER. MEMBERS are responsible for initiating and requesting any work of CONTRACTOR.
Service Option 1
SIDEWALK ASSESSMENT SERVICES
CONTRACTOR will inspect sidewalks and provide a written inspection report in the foiiiiat approved by the MEMBER (optional curbs and gutters can be included in the scope of work).
The inspection reports shall include the identification, location, and description of each problem and recommended action to be taken. The format and information required may be changed at the request of MEMBER with the agreement of both parties.
Sidewalk Assessment Fee Schedule
$455.00
TBD
$1,000
TBD
Total E�
Asssmn
$ TBD
Sample Services and Responsibilities
Cu
1. MEMBER shall provide maps of specified areas to CONTRACTOR.
2. CONTRACTOR shall inspect public right-of-ways designated on the maps.
3. CONTRACTOR shall use current ADA standards and Member standards in deteuuining tripping hazards. These hazards shall include, but not be limited to:
a) Differential displacement between sidewalk sections 3/8 inch or greater b) Spall surfaces, holes in surfaces, and cracks above l inch wide or greater c) Deteriorated joints that have an eroded condition and are 1/2 inch wide or greater
4. CONTRACTOR shall record location of damaged sections in a GPS device.
5. Data entered into the GPS device shall be provided in writing to the MEMBER.
6. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identification and description of each problem condition b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident
e. Pictures of damaged areas
f. Priority for repair; high, medium, low
g. Recommended action to be taken.
7. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion.
Service Option 2
SIDEWALK TRIP HAZARD REMOVAL
Il zard Class
Small
3 " t l l »
medium
1,/ "° tc l ]
Large
1 f final Foot
per Location
Square Foot
S r Lcca
Price per Hazard
$31.00
$62.00
$125.00
5 Iin. feet
25 sq. ft.
CONTRACTOR shall be paid a fee for specialized trip -hazard repair service on lifted sidewalk with a difference in vertical elevation above 1/4" to 2 %2".
The fee paid to CONTRACTOR for trip -hazard removal shall be charged on a cost per hazard category per 5 lineal feet location. A removal of a trip hazard greater than 5 lineal feet shall be charged incremental cost per 5 feet location for the hazard class as follows:
Example: A less severe hazard (3/8" to 1/2" high) that is 7 lineal feet long shall be charged 2 locations (7 lineal feet = 5 feet + 2 feet) = $31 x 2 locations = $62.00 Sample Services and Responsibilities
1. CONTRACTOR shall repair sidewalk trip hazards above i/4" and up to 2 '/2" in designated work areas as determined by the MEMBER.
2. CONTRACTOR shall remove hazards completely, from one end of the raised sidewalk joint to the other, if applicable, leaving a zero point of differential between slabs.
3. CONTRACTOR shall not cause any damage to landscaping, trees, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks. If CONTRACTOR and/or CONTRACTOR's equipment does cause damage to above, the MEMBER must
be notified immediately and damages must be repaired at the CONTRACTOR's expense within 24 hours of the time the damage occurred.
4. CONTRACTOR shall completely and immediately clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost and not paid for separately.
5. CONTRACTOR shall repair each sidewalk trip hazard without damage to adjacent slab(s) or curb(s).
6. CONTRACTOR shall cut dry with dust abatement mechanism. No water-cooling is allowed, which creates slurry and contaminates storm drains or causes excessive environmental impact.
7. CONTRACTOR shall submit an itemized summary of all repaired hazards which includes:
a. The specific hazard height — both high side and low side measurement — in 8ths of an inch
b. The actual length of the repair to the nearest %2 foot c. The total width of actual repair to the nearest %2 foot d. The square feet of the effective panel from joint to nearest joint or score line e. The calculated unit for measurement shall be the square foot of the effected panel f. The physical location (address) of each repair
g. Pictures of each repair as requested
h. Itemized cost of each repaired trip hazard
8. CONTRACTOR shall submit a detailed invoice setting forth the services performed, in accordance with the formula for saw -cutting calculations. All invoices must show the cut depth, size, length, width, square feet, address, the number of locations, and the date repaired for each hazard removal.
The billing unit for invoice calculation shall be the number of locations where one (1) location is up to 5 lineal feet.
9. CONTRACTOR shall guarantee specified repair slope (1:12 or 1:8 based upon requirements outlined by the Americans with Disabilities Act) is achieved. If defined slope is not achieved, CONTRACTOR must repair to specification at no additional charge within 24 hours of discovery.
10. CONTRACTOR shall guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a co -efficient of friction of at least 0.6.
11. Method of trip -hazard removal shall entail precise saw -cutting performed with hand-held, electric -powered equipment, using a machined hub and flush -mounted, diamond -tipped blades. Must be capable of cutting at any angle and perform trip -hazard removal in hard - to -reach areas, around obstacles, on narrow walkways, and next to fences and retaining walls or buildings.
Price per Hazard
$37.00
12. CONTRACTOR shall make its best effort to notify residents 3 days in advance of any work and schedule the operations so as to cause a minimum of interruption, interference or disturbance to the operation of stores, businesses, office buildings, hotels, churches, etc., and allow access by pedestrians and emergency, delivery and service vehicles at all times.
Sidewalk repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use.
13. CONTRACTOR shall take precautions during saw -cutting operations not to disfigure, scar, or impair the health of any tree on public or private property.
Service Option 3
SIDEWALK ASSESSMENT AND TRIP HAZARD REMOVAL
Hazard Class
Small
3/8" to 1/
Medun
> 1 /2 to I"
Large
l'
Lineal Foot
ner°Location
Square Foot
ler Location
Price per Hazard $37.00
$74.00
$148.00
5 lin. Feet
25 sq. ft.
See sample services and responsibilities under respective sections in Service Option 1 and Service Option 2.
Service Option 4
FIVE-YEAR MAINTENANCE PROGRAM
drum
2" to 1".
$74.00
$148.00
Sample Sidewalk Survey Services and Responsibilities
Lineal Foot
per Location
5 lin. Feet
Square Foot
per Location
25 sq. ft.
1. CONTRACTOR shall perfoliu annual, semi-annual, or quarterly sidewalk inspection as determined by the scope of services to be defined by terms mutually set between the MEMBER and CONTRACTOR.
2. CONTRACTOR shall specify problems and recommend action to be taken.
3. CONTRACTOR shall prioritize the areas and problems to be resolved.
4. CONTRACTOR shall identify repairs to be accomplished by saw cutting.
5. CONTRACTOR shall identify spall surfaces, holes in surfaces, and cracks above 1" wide or greater.
6. CONTRACTOR shall recommend areas to be demolished and replaced.
7. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identification and description of each problem condition
b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident
e. Pictures of damaged areas
f. Priority for repair; high, medium, low
g. Recommended action to be taken.
h. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion.
Sample Sidewalk Trip Hazard Removal Services and Responsibilities
1. CONTRACTOR shall make repairs and recommendations to achieve the lowest overall cost to the MEMBER.
2. CONTRACTOR shall remove the existing trip hazards by saw cutting changes in elevation between adjacent panels from above 1/4 inch up to 2 1/2 inches in height as specified in the scope of work defined by mutually set terms between the MEMBER and CONTRACTOR.
3. The MEMBER shall set a fixed budget "not to exceed" per month, per quarter, or per year.
4. CONTRACTOR shall provide in-depth report, audit -able for maintenance and risk management
Sample Remove/Replacement Survey Reporting Services and Responsibilities
1. CONTRACTOR shall survey and report all areas not recommended for saw cutting.
2. CONTRACTOR shall identify remove and replacement locations to maximize the repair of locations that truly need to be replaced.
3. CONTRACTOR shall provide a written report that identifies the location, length, width, and square foot measurement of the effected panels to be replaced.
4. CONTRACTOR shall provide GPS locations, maps and photographs of areas recommended for removal and replacement.
5. CONTRACTOR shall provide monthly an in-depth report, audit -able for maintenance and risk management.
Bonding Requirements
Direct cost associated with any specific bonding requirements beyond the required Contractors License Bond including the cost of Performance Bond, Payment Bond, or any other additional bonding requirements are not included in the fee schedule listed above and will be added to the cost of the project.
CPI Escalation
The fees charged by Precision Concrete Cutting which are expressed as stated dollar amounts in this schedule shall be increased annually commencing on the one-year anniversary date of the Effective Date. Any increase must include written justification such as CPI figures and is subject to approval if it exceeds the annual 3% allowable increase.
Authorization
CONTRACTOR shall inspect and report only those sidewalk conditions andtriphazards as specified in the performance in this AGREEMENT, and therefore makes no representation that other trip hazards outside the scope of work have been identified. CONTRACTOR shall not be responsible for conditions outside the control of CONTRACTOR that have changed after completion of the inspections due to tree roots, water, settling, and other causes, and shall not be liable for any claims, losses, or damages arising from known or unknown trip hazards. Additionally, CONTRACTOR shall carry out authorized remediation and repair work as specified in the performance ofthis AGREEMENT, and based on locations either identified through their inspection process or identified separately fromthe CONTRACTOR'S inspection process. CONTRACTOR shall be responsible for removal of all trip hazards that have been identified and authorized through theperfoiluance ofthis AGREEMENT. CONTRACTOR shall not be responsible for trip hazards that arise after completion of the remediation and repair work as specified in the performance ofthis AGREEMENT due to conditions outside the control of the CONTRACTOR, such as tree roots, water, settling, and other causes.
FOR AUTHORITY:
Jonathan Shull
NAME
Chief Executive Officer
SIGNATURE
February 7, 2023
DATE
FOR CONTRACTOR:
Gary Beneduci
NAME
General Manager
TITLE
SIGNATURE
February 7, 2023
DATE
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities SUBJECT: Consideration of a Resolution Approving a Purchase Order Agreement with RDO Equipment Co. for the Purchase of One Stump Grinder
MEETING DATE: January 27, 2025
RECOMMENDATION: It is staff's recommendation that the City Council adopt the attached Resolution approving a Purchase Order Agreement with RDO Equipment Co. for the purchase of a new stump grinder.
BACKGROUND/DISCUSSION:
The Public Works Department is requesting the replacement of one (1) stump grinder that has reached the end of its useful life. The cost to maintain the existing unit has exponentially increased as the unit's battery is failing and requires frequent repairs. The replacement stump grinder is anticipated to have a useful life between 7-10 years and will be used by the Public Works Streets Division for routine maintenance and projects.
Pursuant to Section 3.04.080 of the Bell Gardens Municipal Code, the Public Works Department released a Request for Bids (RFB) for a new Barreto E30SGB stump grinder on December 24, 2024. The Notice Inviting Bids (NIB) was published in the adjudicated newspaper on December 26, 2024, and January 2, 2025.
On Tuesday, January 14, 2025, the City received four (4) bids for the stump grinder as follows:
Vendor Name
Proposed Equipment
(Make/Model)
Price
Technology International
Stump Grinder SP24-S450 Cutting
Wheel
$7,350.00
RDO Equipment Co.
Vermeer SC30TX Stump Grinder
$23,995.91
Cal -Line Equipment Inc.
Toro STX 26
$24,467/8
Cal -Line Equipment Inc.
Bandit SG40 Stump Grinder
$25,672.82
Staff conducted an analysis of the bids. Technology International failed to submit a price
proposal for the purchase of a new unit, and their proposal reflects the price of an attachment to the unit. The NIB states that the "City is requesting bids for the purchase of one (1) new stump grinder." As a result, Technology International is considered non- responsive as its bid does not include the price for a new stump grinder.
The apparent second -lowest bidder, RDO Equipment Co. (RDO), submitted the pricing for a new Vermeer SC30TX, which meets the specifications that were advertised under the RFB. It has been determined that RDO is the lowest responsive and responsible bidder. Therefore, staff recommends awarding a purchase order agreement to RDO in an amount of $23,995.91, including handling and taxes.
CONCLUSION: If the attached Resolution is adopted, staff will process and issue a purchase order to procure the new stump grinder.
FISCAL IMPACT: The City's FY 2024-2025 Public Works budget includes sufficient Gas Tax funds for the purchase of the stump grinder.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A PURCHASE ORDER
AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND
RDO EQUIPMENT CO. FOR THE PURCHASE OF ONE STUMP
GRINDER
WHEREAS, the City's Public Works Department needs to replace a stump grinder that is inoperable and has reached the end of their useful life; and WHEREAS, the Public Works Department issued a Notice Inviting Bids for the purchase of one stump grinder and released a Request for Bids (RFB); and WHEREAS, on January 14, 2025, the City received four (4) bids for the purchase of one stump grinder; and
WHEREAS, RDO Equipment Co. has been determined as the lowest responsive and responsible bidder with the proposal to furnish a new Vermeer SC30TX stump grinder; and
WHEREAS, staff has determined the proposed equipment meets the necessary technical specifications and required delivery timeline outlined in the RFB; and WHEREAS, there is sufficient funding in the City's approved FY2024-2025 budget for the purchase of one stump grinder; and
WHEREAS, the City Council finds that the City has complied with the procurement process; and
WHEREAS, the City desires to enter into a Purchase Order Agreement with RDO Equipment Co. for the purchase of one stump grinder for a total cost of $23,995.91.
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 evidence presented to the City Council, finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the City has complied with Section
3.04.080 of the Bell Gardens Municipal Code.
SECTION 3. The City Council hereby approves a Purchase Order Agreement with RDO Equipment Co. for the purchase of one stump grinder for a total cost of $23,995.91.
Resolution No. 2025-09
SECTION 4. The City Council further authorizes the City Manager to execute any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the passage 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 27th day of January, 2025.
THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Resolution No. 2025-09
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:
3 of 3
VENDOR:
CITY OF BELL GARDENS
7100 S. GARFIELD AVE
BELL GARDENS, CA 90201
(562) 806-7700
FOB Point:
Terms: net 30
Req. Del. Date:
Special Inst:
DATE
PO NUMBER
SHIP TO: BELL GARDENS PUBLIC WORKS
8327 S GARFIELD AVENUE
BELL GARDENS, CA 90201
Req. No.:
Dept.: PUBLIC WORKS
Contact:
Confirming?
Quantity
Uni
Description
Unit Price
Ext. Price
VERMEER SC30TX
21,765
BILL TO:
SUBTOTAL $20,599.00
TAX $2,230.9
FREIGHT $1,166.00
TOTAL $23,995.9
Account Numbe
Amount I Account Numbe
Amoun
VENDOR COPY
hn o� n„ Page 303 of 642
TERMS AND CONDITIONS
1. DEFINITIONS: The phrase "City of Bell Gardens" shall mean the governing body of the City of Bell Gardens, or any department thereof, hereinafter called the "City."
2. ACCEPTANCE OF PURCHASE ORDER: This purchase order constitutes City's offer to Vendor and shall become a binding contract upon the terms and conditions set forth herein upon acceptance by Vendor either by acknowledgment or commencement or performance. No charges for transportation, unloading, containers, packing, etc., will be allowed unless specified in vendor's quotation
3. DATA AND FACILITIES: Vendor represents that he now has or can readily procure without assistance of the City all data, facilities, machinery and equipment necessary for the performance of this purchase order.
4. CASH DISCOUNT: The date used as the basis for cash discount calculation is the date the Articles are received or the date an acceptable invoice is received, whichever is later.
5. PACKING AND SHIPPINGS: Deliveries shall be made as specified without charge for boxing, crating, carting, or storage unless otherwise specified, and Articles shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such manner as to assure against damage from weather or transportation.
6. TAXES: Vendor shall separately state on all invoices any taxes imposed by federal or state government applicable to furnishing of the articles; provided, however, where a tax exemption is available, such tax shall be subtracted from the total price and identified. Municipalities are exempt from federal excise and transportation taxes. Total prices quoted are to exclude federal taxes. Exemption certificates will be furnished upon request. Unless otherwise indicated, prices quoted will be considered to exclude state and city sales or use tax, which is payable by the City.
7. PRICES: Vendor represents that the prices quoted to or paid by City shall not exceed current prices charged to any other customer of Vendor for items which are the same or substantially similar to the articles, taking into account the quality under consideration, and Vendor will forthwith refund any amounts paid by City in excess of such price.
8. WARRANTY: Vendor warrants that all Articles will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect.
9. CHANGES: City shall have the right by written notice to change the extent of the work covered by the contract, the drawings, specifications, or other description herein, the time, method or place of delivery or the method of shipment or packaging or to suspend work. Upon receipt of any such notice, Vendor shall proceed promptly to make the changes in accordance with the terms of the notice. If any such change causes an increase or decrease in the cost or performance or in the time required for performance, an equitable adjustment shall be negotiated promptly, and the contract modified in writing accordingly. Vendor shall deliver to City as promptly as possible, and in any event within thirty (30) days after receipt of change notice, a statement showing the effect of any such change in the delivery dates and prices, such statement to be supplemented within thirty (30) days from the date thereof by detailed specification of the amount of the price adjustment and supporting cost figures. Failure of Vendor to submit the statements within the time limits stated shall constitute its consent to perform the change without increase in price, without claim for material rendered obsolete and without change in delivery schedule.
10. TERMINATION: In the event Vendor fails to comply with any term or condition of this agreement or fails to provide the supplies or services in the manner agreed upon by the parties, this failure shall constitute a breach of the agreement. City at its sole discretion shall either notify the Vendor that it must cure this breach within 15 days of notice of breach or provide written notification of its intention to terminate this agreement. City reserves the right to terminate this agreement for its convenience and will reimburse Vendor for actual costs incurred in performance of this agreement through the effective date of termination. 1 1 . DEFAULT: City may, by written notice to Vendor, cancel for default this contract, in whole or from time to time in part, (1) if the Vendor fails to deliver the Articles or to perform the services strictly within the time specified herein, of if no time is specified, within a reasonable time; (2) if the Articles delivered do not conform to contractual requirements or if Vendor fails to perform any of the other provisions of the contract, or so fails to make progress as to endanger performance of the contract in accordance with its terms; or (3) if the Vendor becomes insolvent or commits an act of bankruptcy. If this contract is cancelled for default, City in addition to all other rights afforded by law for Vendor's breach of contract, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the Articles cancelled from another source exceed the prices specified herein, and City may set off any such charge against any amounts which may become payable to Vendor under the contract or otherwise. Upon such cancellation Vendor will deliver to City any of the Articles, parts or materials, for which City shall make written request at or after cancellation and City will pay Vendor the fair value of any such property so requested and delivered.
12. ASSIGNMENT OF CONTRACT: None of the sums due or to become due nor any of the work to be performed under this contract shall be assigned nor shall Vendor subcontract for completed or substantially completed Articles or major components thereof without City's prior written consent.
13. INDEMNITY: Vendor agrees to defend, indemnify and hold harmless the City, its elected officials, officers, agents, employees and volunteers, at Vendor's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Vendor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this contract. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Vendor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Vendor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Vendor, its employees, and/or authorized subcontractors under this contract, whether or not the Vendor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Vendor's Proposal, which shall be of no force and effect.
14. WAIVERS: The failure of the City to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this contract, or to exercise any right hereunder shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right, but the obligation of Vendor with respect to such future performance shall continue in full force and effect.
15. EQUAL EMPLOYMENT OPPORTUNITY: The Vendor affirms that it shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. The Vendor will ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin. Such policy of the Vendor shall apply, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layout or termination rates of pay or other forms of compensation and selection for training, including apprenticeship.
16. PREVAILING WAGES. For public projects. Vendor shall comply with Prevailing Wage Requirements. Pursuant to sections 1720 through 1861 of the California Labor Code.
17. INSURANCE: Vendor shall obtain and maintain during the performance of any services under this contract the following insurance coverage issued by a company satisfactory to the City Attorney, the requirement that Vendor obtain and maintain such insurance coverage.
17.1. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $ 1,000.000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 2010 ed), with no special limitations affecting City.
17.2. Business/Commercial automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto Liability Insurance Services Office coverage (Occurrence Form CA 001, including Symbol 1 (any auto)), with no special limitations affecting City.
17.3. Workers' compensation insurance in compliance with the laws of the State of California, including employer's liability insurance in an amount not less than $1,000,000 per claimant.
17.4. Vendor shall not commence work under this contract until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this contract, for any extensions hereto, and for periods after the end of this contract as may be indicated below, Vendor must have and maintain in place all of the insurance coverages required by City. Vendor's insurance shall comply with all items specified by this contract.
Any subcontractors shall be subject to all the requirements of this section and Vendor shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Vendor's insurance may cover all subcontractors.
18. BUSINESS LICENSE. For any work done within the City, Vendor shall obtain, prior to issuance of a PO, and maintain a valid business license from City.
19. GOVERNING LAW. This contract shall be governed by the laws of the State of California.
In the event of litigation between the City and the Vendor, the prevailing party shall be entitled to reasonable attorneys' fees and costs incurred based on comparable fees of private attorneys practicing in Los Angeles County.
20. COMPLIANCE WITH LAW: Vendor shall in the performance of the contract comply with all applicable laws, regulations, ordinances, proclamations, demands and requisitions of the City of Bell Gardens or State of California.
21. ENTIRE AGREEMENT. This contract contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this contract which are not fully expressed herein. If the attachments or exhibits to this contract, if any, are inconsistent with this contract, this contract shall control.
REQUEST FOR BIDS
PURCHASE OF ONE (1) NEW STUMP GRINDER
The City of Bell Gardens ("City") is requesting bids for the purchase of one (1) new Stump Grinder, Model: Barreto E30SGB Hydraulic Track Stump Grinder. Refer to the specifications for additional features. The new equipment must be delivered by March 28, 2025, to City of Bell Gardens Public Works Yard, 8327 Garfield Avenue, Bell Gardens, CA 90201.
Submittal Information
Sealed bids must be received by the office of the City Clerk, City of Bell Gardens, 7100 Garfield Avenue, Bell Gardens, CA 90201, no later than Tuesday, January 14, 2025, at 4:00 p.m. Prospective bidders must submit proposals using the City -issued quotation form contained in this Request for Bids ("RFB"). Bids must be submitted in a sealed envelope and using the City -issued quotation form. Bids received after the time and date indicated above shall be deemed nonresponsive and returned unopened.
The complete RFB package is posted on the City's website page (View RFP's and Bids) at httttps t°w s v.beligardens.Qrgij-want-to/view-bidsmrfpsfrfp§ ar d -bids. All addenda and/or updates to the RFB are made, they will be posted on this page. Prospective bidders must periodically check the City's website for the latest updates.
QUESTIONS
Questions regarding the information contained in the RFB document must be submitted by email, and addressed to: Carlos Marin, Superintendent cmarinanbeij ardens.or The deadline for written questions and inquiries is January 2, 2025 at 4:00 p.m. Questions will be responded to in writing and posted on the City's website page (View RFP's and Bids) at htt ://wmv ellgarderis or fim ant-toiview-bias jpships-and- ajw s.
Telephone requests for information or inquiries will not be allowed. Bidders may not rely on any oral interpretations given by any City employee and may only rely upon officially issued, written addenda.
RIGHTS OF CITY
The City of Bell Gardens reserves the right to reject any and all bids or delete portions of any and all bids or waive any informality or irregularity in the bid or the bid procedures and shall be the sole judge of the bids received. The City reserves the right to award to the lowest responsive Bidder as deemed by the City.
Quotation Form
Barreto E30SGB Hydraulic Track Stump Grinder
Pricing shall be valid for ninety (90) days from the date proposal is submitted to the CITY.
I T
*Vermeer SC30TX Stump Grinder**
Barreto 30SGB Stump Grinder
Applicable taxes and fees:
1 Bid Grand Total inclusive of all taxes and fees
Anticipated Delivery Date: February 2025
BIDDER'S AUTHORIs°°.:TIO
COMPANY NAME: RDO EQUIPMENT CO.
$ 21,765.00
T T
$ 2,230.91
$ 23,995.91
NAME AND TITLE OF PERSON AUTHORIZED TO SUBMIT BID ON BEHALF OF COMPANY: LANCE BARKER - ACCOUNT MANAGER
SIGNATURE:
ADDRESS: 1300 KONA DR. RANCHO DOMINGUEZ CA 90220
PHONE:
FAX:
(310)223-2400
(310)223-2424
EMAIL: [email protected]
BID DATE: 1/13/2025
REQUEST FOR BIDS - PURCHASE OF ONE (1) NEW STUMP GRINDER SPECIFICATIONS - VER EER SC30TX STU P GRINDER
EXHIBIT B
TERMS AND CONDITIONS
SPECIFICATIONS
MODEL NUMBER
DIMENSIONS
WEIGHT
HEIGHT
LENGTH
WIDTH
ENGINE
FUEL
POWER
FUEL CAPACITY
ENGINE OIL CAPACITY
ELECTRIC START
HOUR METER
HYDRAULIC SYSTEM
RESERVOIR CAPACITY
OIL COOLER
TRACK SYSTEM
TRACK WIDTH
TOTAL GROUND CONTACT
OPERATIONS
GROUND DRIVE, FORWARD
GROUND DRIVE, REVERSE
VERMEER SC30TX
KOHLER
1550 lb (703.1 kg)
49 in (124.5 cm)
94 in (238.8 cm)
35 in (88.9 cm)
Kohler ECH740
Gasoline
25 hp (18.6 kw)
2 qt (1.9 L)
Standard
Standard
9 gal (34.1 L)
Standard - Fan -cooled
Rubber
7 " (17.8 cm) width
31.4 " (79.7 cm)
High Speed Travel
3.2 mph (5.1 km/h)
3.2 mph (5.1 km/h)
LONGEST TRACKS IN CLASS.
Provides consistent stability and easier loading
and unloading of the machine when compared to
shorter tracked models. The longer tracks offer best
in class low ground bearing pressure, which help
reduce the possibility of turf damage.
25 HP (18.6 KW) EFI ENGINE.
Starts well during cold weather, makes choke
cable obsolete and offers improved fuel economy
over comparable carbureted gas engines.
VERMEER.COM
RUOSWeep
AUTOSWEEP® CONTROL SYSTEM.
This feature monitors engine speed and
automatically adjusts cutter wheel sweep rate.
This feature is designed to protect the engine,
drive train, and reduce structural stress while
aiding in productivity,
OPERATOR PRESENCE SYSTEM.
Control handles for the boom swing, boom
raise/lower are equipped with operator presence
capacitance sensing handles. This system is
intended to help protect the operator,
PATENTED YELLOW JACKET'"
CUTTER SYSTEM.
The Vermeer -exclusive Yellow Jacket cutter
system is designed to provide faster, easier
serviceability, as well as extended pocket and
tooth life.
HYDRAULICALLY DRIVEN CUTTER WHEEL
AND GROUND DRIVE.
The elimination of belts or chain drives reduces
service and maintenance.
Vermeer
cru IIDncn Tr
SC30TX STUMP CUTTER
GENERAL
Length: 94" (238.7 cm)
Width: 35" (88.9 cm)
Height: 49" (124.4 cm)
Weight: 1550 lb (703.1 kg)
ENGINE
Make and model: Kohler ECH740 EFI
Number of cylinders: 2
Max gross horsepower: 25 hp (18.6 kW)
Max torque: 42 fl -lb (56.9 Nm)
Fuel tank capacity: 7.5 gal (28.4 L)
Fuel type: Gas
Air cleaner: 6" (15.2 cm) 2 -stage dry
Oil filter: Spin -on
Oil volume with filter: 2 qt (1.8 L)
Cooling medium: Air/Oil
CUTTER WHEEL DRIVETRAIN
Cutter wheel diameter without teeth: 16" (40.6 cm)
Cutter wheel thickness: .5" (12.7 cm)
Cutter wheel straight line dimension: 35.5" (90.1 cm)
Cutter wheel cut above ground: 25" (63.5 cm)
Cutter wheel cut below ground: 12" (30.4 cm)
Tooth description: Yellow Jacket`" cutter system
Number of teeth: 16
Number of indexes: 2
Number of pockets: 16
Reversible pockets: Yes
Cutter wheel guard: Yes
Chip containment: 2.2 cu ft (.1 cu m)
NOTES:
HYDRAULIC SYSTEM
Tank capacity: 9 gal (34.1 L)
Recommended oil type: ISO 68
Filtration method: Inline return filter
Pump flow at max rpm: 16 gpm (60,6 Umin)
System relief pressure: 2,750 psi (189.6 bar)
Flow control: AutoSweep
Directional control: Standard
Oil cooler: Fan -cooled
ELECTRICAL SYSTEM
System voltage: 12 V
Battery: 405
Standard gauge: Hour meter/tach
Switches: Cutter wheel drive
Controller: Yes
TRACK DRIVE SYSTEM
Track type: Rubber 7" (17.8 cm) width
Track length on ground: 31.4" (79.7 cm)
Type of idler: Cast
Number of idlers: 5
Track drive pump type: Hydrostatic
System relief pressure: 2,900 psi (199.9 bar)
Pump flow at max rpm: 11.4 gpm (43.1 Umin)
High speed travel: 3.2 mph (5.1 km/h)
Ground -bearing pressure - soft ground: 3.4 psi (23.4 kPa)
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
TO:
FROM:
BY:
SUBJECT:
MEETING DATE:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo Iniguez, Director of Public Works/Facilities
Karla Gonzalez, Senior Management Analyst
Resolution Approving a First Amendment to the Professional Services Agreement with Bowman Infrastructure Engineers LTD. for Municipal Engineering Services
January 27, 2025
RECOMMENDATION:
It is staffs recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a First Amendment with Bowman Infrastructure Engineers Ltd.
BACKGROUND/DISCUSSION:
The City of Bell Gardens (City) addresses its professional engineering services and requirements through contracted municipal engineering services. On February 12, 2024, the City entered into an agreement with Bowman Infrastructure Engineers Ltd. (Bowman) for municipal engineering services in an annual amount not -to -exceed $1,500,000.
Services provided under this agreement include city engineering services, capital improvement project design and management, traffic engineering, water and development engineering, public works permit management and inspections, and stormwater compliance services.
The City has experienced a substantial increase in the number of engineering projects.
This increase can be attributed to resuming construction activities after the pandemic, increased infrastructure needs, private developments, securing grants and funding opportunities, and community -driven initiatives. Increasing the annual compensation amount is necessary to accommodate a significant rise in the number of engineering projects currently underway and anticipated in the near future.
In addition to the major projects currently under construction, including the John Anson Ford Park Regional Aquatic Center and Soil Remediation Project at the Former Berk Oil Site, the following major projects have either started construction or are anticipated to begin construction in 2025:
• Eastern Avenue Improvements - $1.3M (construction cost)
• Florence Place Dog Park - $285K (total project cost)
• ATP Cycle 5 Complete Streets Improvements Project - $6.2M (construction cost) • Various Residential Street and Alley Improvements - $1.2M (total project cost) • GWMA Recycled Water Project - $2.4M (total project cost) • Marlow Park Renovation - $893K (total project cost)
• Intersection Improvements at Florence/Garfield and Eastern/ Gage: $483K (construction cost)
• Ford Park Playground and Restroom Replacement - $1.2M (total project cost) • Veterans Park Refurbishment - $4.6M (total project cost) • Ford Park Maintenance Yard Access Road Project - $684K (total project cost) Additionally, the City is working on the design of major construction projects, including the PFAS Ion Exchange treatment plant and reservoir & booster pump for Well No. 1 with an estimated total project cost of approximately $15.3M; the Eastern Avenue/Florence Avenue Intersection Improvements, the Garfield Avenue/Eastern Avenue Improvements, Slurry Seal — Zone 1, and other street and facility improvements throughout the City.
Engineering services costs, from the preliminary design phase to project completion, account for approximately 18% of the total project budget. Local Return revenues and grant funding have been secured for capital projects, and additional engineering will be funded entirely by the respective Local Return revenues and grants, and will not require any additional City general funds. In order to enable Bowman to continue providing municipal engineering services for the various projects citywide, the annual not to exceed amount would need to be increased by $1,000,000 for an annual not to exceed amount of $2,500,000.
CONCLUSION:
Approving a First Amendment would allow for sufficient compensation for Bowman to continue providing the necessary engineering services to the City, which would then enable the City to efficiently utilize grant funding and ensure the timely and successful completion of various projects citywide.
FISCAL IMPACT:
The cost for additional engineering services would result in an annual not -to -exceed contract cost of $2,500,000. Funding for these services is included in the City's FY 24/25 operating and capital improvement budget.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A FIRST AMENDMENT TO
THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN
THE CITY OF BELL GARDENS AND BOWMAN INFRASTRUCTURE
ENGINEERS LTD. FOR MUNICIPAL ENGINEERING SERVICES
WHEREAS, on February 12, 2024, the City of BeII Gardens ("City") and Bowman Infrastructure Engineers Ltd. ("Bowman") executed and entered into a Professional Services Agreement for Bowman to provide professional municipal engineering services (hereinafter "Master Agreement"); and
WHEREAS, the City has experienced a substantial increase in the number of capital improvement projects and engineering services; and WHEREAS, the City and Bowman now wish to modify the Professional Services Agreement to increase the annual not -to -exceed amount to $2,500,000, to provide engineering services necessary to complete the design and management of capital projects currently underway and anticipated in the near future; and WHEREAS, the City now desires to enter into a First Amendment to increase the annual compensation amount for municipal engineering services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of BeII Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and discussion, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the BeII Gardens City Council hereby approves a First Amendment to the Agreement with Bowman Infrastructure Engineers Ltd., which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the City Manager to execute the First Amendment and take all actions necessary to appropriate, 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 passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on following page]
Resolution No. 2025-10
PASSED, APPROVED, and ADOPTED this 27th day of January, 2025.
THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Resolution 2025-10
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
3 of 3
2025
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Ongoing As -Needed Municipal Engineering Services) (Parties: Bowman Infrastructure Engineers Ltd. and City of Bell Gardens) THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Professional Services Agreement" and dated February 12, 2024 (hereinafter, "Master Agreement"), is hereby made and entered into this day of , 2025 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and BOWMAN INFRASTRUCTURE ENGINEERS LTD. (hereinafter, "Consultant"). For purposes of this First 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 First Amendment is made and entered into with respect to the following facts:
WHEREAS, on February 12, 2024, the Parties executed and entered into the Professional Services Agreement for Consultant to provide ongoing as -needed municipal engineering services; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, the City has experienced a substantial increase in the number of engineering projects as stated in Consultant's January 23, 2025 supplemental proposal "Request for Contract Cost Increase — Amendment No. 1" (hereinafter, "January 2025 Supplemental Proposal"), which is attached and incorporated hereto as Exhibit "B"; and WHEREAS, the Parties wish to revise the Annual Not -to -Exceed Sum to allow City to compensate Consultant for the additional necessary Work.
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 1.4 (COMPENSATION) of the Master Agreement is hereby amended to increase the total Annual Not -to -Exceed Sum of ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) by ONE MILLION DOLLARS ($1,000,000) for a new Annual Not -to -Exceed Sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) for the additional Work.
SECTION 2. Except as otherwise set forth in this First Amendment, the Master Agreement, shall remain binding, controlling, and in full force and effect. Section 6.19 of the Master Agreement notwithstanding, this First Amendment, together with 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 First Amendment shall be deemed a part of the Master Agreement, and except, as otherwise provided under this First Amendment, 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 First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, and no further.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.
CITY: CONSULTANT:
CITY OF BELL GARDENS BOWMAN INFRASTRUCTURE
ENGINEERS LTD.
By:
Michael B. O'Kelly, City Manager
Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
Date:
By:
Name:
Title:
Date:
3
EXHIBIT "A"
MASTER AGREEMENT
4
2024
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Ongoing As -Needed Municipal Engineering Services) (Parties: Bowman Infrastructure Engineers Ltd. and City of Bell Gardens) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this 12th day of February 2024 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY) and BOWMAN INFRASTRUCTURE ENGINEERS LTD. (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 ongoing as -needed municipal engineering services; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the BeII 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:
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term of three (3) years commencing on March 1, 2024 through March 1, 2027 (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 Proposal for Municipal Engineering Services" (hereinafter, "CITY RFP") dated October 1O, 2023, and the written proposal of CONSULTANT entitled "City of BeII Gardens Municipal Engineering Services" (hereinafter, the "CONSULTANT t
PROPOSAL") dated November 9, 2023. 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 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 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 2
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 the "Cost and Pricing Proposal Price Sheet° beginning on page 100 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 ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) (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 worked 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 disputed 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 3
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 Bernardo Iniguez, Director of Public Works/Facilities (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 Sid Mousavi, MSCE, PE, Senior Principal, 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 Work 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 4
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 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 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 s
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 or 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 6
control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable CaI/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 insurance 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.
7
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 Stateof 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 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 policies 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 off€cials, 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, subcontractors 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 8
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 insurance 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 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, 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.
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, 8
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 City 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 to be fully responsible and indemnify, hold harmless and defend CITY and GITY'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 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.
4.8 WORK OF CONSULTANT'S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall 10
apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a "design professional" within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a "design professional." Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the City Indemnities, defined above, from and against any and 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 the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT's officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONSULTANT's obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT's indemnification obligation shall be reduced in proportion to the established comparative liability.
4.9 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless 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 caused by CONSULTANT's negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT's officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the City Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.
4.10 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT's failure to pay CITY promptly any indemnification arising under this Article and 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.
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4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, 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 authorized volunteers.
4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed .indemnity agreements with provisions identical to those set forth here in 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 authorized 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.
4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, 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.
4.14 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be 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 12
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 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 arty 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 13
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 obligations under this Agreement within the specified time or if no time is specified, 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 reasonably 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 mSuspension 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 14
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 obligations 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.
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.
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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 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 False 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:
Bowman Infrastructure Engineers Ltd.
3060 Saturn Street
Suite 250
Brea, CA 92821
CITY:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Director of Public
Works/Facilities
16
Attn: Sid Mousavi, MSCE, PE, Senior
Principal
Phone: 714-940-0100
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 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.
610 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.
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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 signed 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. 6A8 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.
620 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 18
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 causes 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)
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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: Michael. B. O'Kelly
Title:
City Manager
Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
BOWMAN INFRASTRUCTURE
ENGINEERS LTD.:
By:
Name: r --��d3�
Title: fr ,, <:(41 of- erefri ,l5
Date:
20
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: BOWMAN INFRASTRUCTURE
ENGINEERS LTD.:
By: By:
Name: Michael B. Oi(elly
Title:
Date:
City Manager
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
20 Name: rzavt
Title:
Date:
re -6'k rt
EXHIBIT "A"
CITY RFP
21
CITY OF LLBGARDENS
PUBLIC WORKS DEPARTMENT
83.27 GARFIIELD A's E .UE W BELL GARDENS, CALIFORNIA 90201"6122 (562) 806.7770 FAX (562) 80f3-7789 + WWW.BEIL..LGARDENS,ORG
REQUEST FOR PROPOSALS
FOR
MUNICIPAL ENGINEERING SERVICES
ADDENDUM NO. 2
October 30, 2023
This addendum is being issued for the REQUEST FOR PROPOSALS FOR MUNICIPAL ENGINEERING SERVICES.
Submit a proposal for these services with the full understanding and full consideration of this addendum.
A. This addendum is being issued to make the following changes:
1. The Proposal submittal deadline is extended from 5:00 P.M. on Thursday, November 2, 2023, to 5:00 P.M. on Thursday, November 9, 2023.
2. In the Submittal Procedures/Deadline section, the tentative schedule is revised to read as follows:
Release of RFP
Tuesday, October 10 2023
Deadline for Questions
Thursday, October 19, 2023 @ 5:00 p.m.
Response to Questions
Monday, October 30, 2023
Proposal Due Date
Thursday, November 9 2023 @ 5:00 p.m.
Interviews with Proposers, if necessary
Tuesday, November 21, 2023
City Council Recommendation of Award
Monday, December 11, 2023
B. This addendum is being issued to incorporate the following Questions and Answers ("Q&A") into the RFP:
1. Q: Are firms required to submit a response for all the services (entire scope of work) or may they choose which service areas to respond to? We understand that it is the intent of the City to select a single Consultant to provide services? A_ As stated in the RFP it is the intent of the City to select a single Consultant to provide the requested municipal engineering services; however, the City reserves the right to select one or more Consultants to provide as -needed municipal engineering services through this RFP Firms may choose which Scope of Work categories to respond to; however., the City's preference is to select one firm the same firm) to provide the services under Scope of Work categories A. (City Engineer Retainer), B, (A,s-Needed 'Traffic: Engineer), C. ('Public Works Permit
Addendum No. 2
RFP for Municipal Engineering Services
Management and Inspection), D. (As -Needed Water Engineer), E. (As -Needed Development Engineer), and H. (NPDES Stormwater Compliance Consultant Services). The City may select one or more firms to provide the services under Scope of Work category F (As -Needed Public lAtorksCIP Project Design, Project Management & Administration, Funding Management, Construction Management, Construction Inspection, and Labor Compliance Services).
2. Q: Our firm is unfamiliar with and has never been subjected to a fee structure that is based on a percentage of average construction low bid results. Please consider revising the method of compensation for As Needed Public Works / GIP Design, Project Management & Administration, Funding Management, Construction Management, Construction Inspection and Labor Compliance Services to Hourly rates, not -to -exceed a negotiated scope and allowance. The City's determination on this item may affect our ability to propose. .A: Submit c proposal in accordance with the RFP Method of Compensation and Proposal Format and Content Requirements section's.
3. Q: Can firms submit on some parts of the scope, or does the City want only comprehensive proposals for all scope items?
A: Refer to Answer to Question 1.
4. Q: How many contracts will be issued?
A: Unknown at this time,
5. Q: Is there any way for a further extension for the RFP due date — preferably to late November?
A: Refer to Section A.1 of this addendum
6. Q: Would the City consider an electronic only submittal rather than hard copy? A: Proposer must submit a proposal in accordance with the RFP Submittal Procedures/Deadline section.
7. Q: Should Attachment "B" —Acknowledgement of City's standard form Agreement be included with the proposal?
A: Yes.
8. Q: Does the City envision that this contract could be used to acquire support staff? Many other cities use the On -Call contract as a means of pulling in outside support staff when that need arises. Having staff support as a part of the On -Call RFPs not only gives flexibility but catalyzes competition that results in lower billing rates for those staff as well.
A As stated in the RFP,' the City is seeking proposals for various as..,needed,..i,.e.,. corn -cell, municipal engineering services.
Addendum No. 2
RFP for Municipal Engineering Services
9. Q: The RFP mentions that the City has used private firms in the past for the services mentioned in the scope. What firms did the City use? Could the City share any estimate based on the historic data about the total number of personnel proposed or working currently along with the hourly rate and spending done on contract?
A:. The City has previdusfy contracted with Vli lid n and currently contracts with Infrastructure Engineers, previously known as Advanced Applied Engineering, for municipal engineering services.
10.Q: How many firms is the City planning on selecting? Is there a preference for firms who can provide all services listed in the scope?? A,: 'The number of firms is unknown at this time. As stated in the RFP it is the intent of the City to select a single Consultant to provide the requested municipal engineering services,; however; the City reserves the right to select one or more Consultants to provide as -needed municipal engineering son/ices through this RFP
11.Q: Please specify the total budget allocated for this contract? A: 'The total budget allocated for this contract is unknown at this time since the number of Capital Improvement Program projects will vary; and the City has not determined how many contracts s ilf be awarded.
12.Q: Do the services need to be delivered onsite or is there a possibility for remote operations and performance?
A: Services will be delivered onsite and remotely! Refer to the RFP Scope of Work section.
13.Q: Please specify the anticipated start date of the project.
A: The antii ipated effective date for the professional services s agreement is December 11C 2023..
14. Q: Are escalations to hourly rates allowed?
A: As part of their proposal, proposers may request an annual adjustment to the hourly rates after the initial year; not to exceed the percentage change in the Consumer Price Index for Ail Urban Consumers, Los Angeles area, for the
12. -month period ending September immediately preceding the agreement anniversary date. Any adjustment to the hourly rates would takeeffect on Januaary 1st each year.
15.Q: Are there any CaIPERS concerns we should be aware of? A: 'Me contracted firm(s) shall be responsible for any salaries and benefits of their respective employees as a direct result of providing the contracted municipal engineering services contained in this RFP„ including any .pension liabilities for employees of the firm(s).. 'The contracted firm(s) shall not use any Ca&PERS retirees for any of the services contained in this RFP
Addendum No. 2
RFP for Municipal Engineering Services
16. Q: Can firms apply for a portion of a category? For instance, Category F lists Project Design, Project Management &Administration, Funding Management, Construction Management, Construction Inspection, and Labor Compliance Services. Are we able to provide just project management services, or are we required to fulfill all services listed in the category? A: Firms are required to fulfill all services fisted within a respective category
17.Q: Since some of the scope is for as -needed services and positions, how does the City recommend listing out deliverables needed and creating a work plan showing proposed hours for each retainer service as required in section 2:
Methodology of the Proposal Format and Content Requirements.
A It is tip the proposer to provide a methodology to address the components in the, Scope of ' "Work.
18.Q: Is there any special consideration given to small or disadvantaged businesses?
A: No.
Proposers who have already submitted their proposal will be contacted to arrange for return of their proposal.
Sincerely,
Bernardo Iniguez
Director of Public Works/Facilities
The Proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in their proposal submittal. Failure to do so may result in disqualification of their proposal.
Signature of Proposer Date
Proposer Firm Name and Address
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REQUEST FOR PROPOSALS
FOR
MUNICIPAL ENGINEERING SERVICES
ADDENDUM NO. 1
October 16, 2023
This addendum is being issued for the REQUEST FOR PROPOSALS FOR MUNICIPAL
ENGINEERING SERVICES
Submit a proposal for these seirvices with the full understanding and full consideration of this addendum.
This addendum is being issued to make the following changes:
1. The Proposal submittal deadline is extended from 5:00 P.M. our Thursday, October 26, 2023 to 6:00 P.M. on Thursday, November 2, 2023.
2. In the Submittal Procedures/Deadline section, the tentative schedule is revised to read as follows:
Release of RFP
I Deadline for Questions
Response to Questions
Proposal Due Date
Interviews with Proposers if necessary
City Council Recommendation of Award Monday, December 11, 2023 Tuesday, October 10, 2023
Thursday, October 19, 2023 @ 5:00 p.m.
Thursday, October 26, 2023
i Thursday, November 2 2023 @I. 5 OOp rra.
Tuesday, November 14 2023
3. In the Method of Compensation section, "Traffic Engineer Retainer" is revised to read "As -Needed Traffic Engineer," and the corresponding Compensation Method for this Work Item its revised from "Lump sum per month„ to "Hourly rates.„ Sincerely,
Bernardo Idttuez
Director of Public 11 Vorks/Facilities
The proposer shalt individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal.
Signature of Proposer Date,
Proposer Firm Name and Address
REQUEST FOR PROPOSALS
FOR
MUNICIPAL ENGINEERING SERVICES
RFP Release Date
Tuesday, October 10, 2023
Proposal Submittal Deadline
5:00 p.m., Thursday, October 26, 2023
Contact Person:
Bernardo Iniguez, Director of Public Works/Facilities
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
(562) 806 -7770
biiniquepbelllg ens. rq
7100 Garfield Avenue • Bell Gardens, CA 90201 • (662) 806-7700 • www.bellgardens.org
TABLE OF CONTENTS
BACKGROUND AND GENERAL INFORMATION 3
SUBMITTAL PROCEDURES/DEADLINE 3
DEFINITIONS, TERMS, AND CONDITIONS 4
SCOPE OF WORK 12
METHOD OF COMPENSATION 36
PROPOSAL FORMAT AND CONTENT REQUIREMENTS ..36
EVALUATION CRITERIA 39
ATTACHMENTS:
Attachment A — Proposal Price Sheet
Attachment B — Acknowledgement of City's Standard Form of Agreement Attachment C — Sample Professional Services Agreement
BACKGROUND AND GENERAL INFORMATION
The City of Bell Gardens (City) was incorporated on August 1, 1961, as a general law city, thus, it operates under the Council/Manager form of government. The five City Council members are elected at -large by registered voters in the City for staggered four-year terms and serve as the City's legislative, policy -making body. The Mayor position is shared among the Council members who select one another as Mayor annually. The City Council holds bi-monthly public meetings. The City Manager is responsible for directing City affairs as prescribed by the City Council. The City has a population of approximately 39,000 in an area of 2.4 square miles located in the southeastern part of Los Angeles County. The City shares a common boundary with the Cities of South Gate, Bell, Downey, and Commerce. The City is considered an integral part of the Los Angeles -Long Beach metropolitan area.
The City's departments include Finance and Administration, City Clerk, Community Development, Recreation and Community Services, Police, and Public Works. Fire services are provided by the Los Angeles County Fire Department.
The Public Works Department consists of various divisions, including Administration, Street Maintenance, Parks and Facilities Maintenance, Utilities and Contracts, Solid Waste Management, Transportation Services, and the City Water System. The Public Works Department also manages the City's Capital Improvement Program (CIP). The fiscal year 2023/2024 CIP budget consists of 25 CIP projects totaling approximately $43.7 million.
The City is seeking proposals from qualified firms with proven expertise to provide professional engineering contract services, including 1) City Engineer services retainer through a qualified California -licensed professional engineer who will serve as the City's designated "City Engineer;" 2) as -needed Traffic Engineer services; 3) Public Works permit management and inspection services; 4) as -needed Water Engineer services; 5) as -needed Development Engineer services; 6) as -needed Public Works/CIP project design, project management & administration, funding management, construction management and inspection, and labor compliance services; 7) as -needed other/additional Public Works engineering services; and 8) NPDES Stormwater Compliance Consultant services for the Public Works Department (collectively "municipal engineering services"). The City currently contracts out these municipal engineering services to a primate firm and is seeking to re-evaluate costs and qualifications.
Please review this Request for Proposals for Municipal Engineering Services (RFP) outlining the range of services being sought to determine if you wish to submit a proposal for the requested services.
It is the intent of the City to select a single Consultant to provide the requested municipal engineering services; however, the City reserves the right to select one or more Consultants to provide as -needed municipal engineering services either through this RFP or through subsequent solicitations for as -needed municipal engineering services. The term of the Agreement will be for three (3) years with up to two (2) optional one-year extensions.
SUBMITTAL •PROCEDURES/DEADLINE
An electronic version of the proposal shall be emailed to citvc.ler h.(c,,bell arden .orq and hi?iquez(b /k : rde►7s.q no later than 5:00 p.m. on Thursday, October 26, 3
2023.. Additionally, three hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be mailed no later than 5:00 p.m. on Thursday, October 26, 2023, to the City Clerk's Office. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read "City of BeII Gardens Proposal for Municipal Engineering Services". 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.
Postmarks by this date are unacceptable and no facsimiles will be accepted. Please mail or deliver your response in a sealed envelope with "City of Bell Gardens Proposal for Municipal Engineering Services" written below the address label and addressed as follows:
City Clerk's Office
Attention: Daisy Gomez, City Clerk
Municipal Engineering Services RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Bernardo Iniguez, Director of Public Works/Facilities, at biniquez_gbeO9c srdens.orr. The deadline for written questions and inquiries is Tuesday, October 17, 2023 at 5:00 p.m. City Nall is open Monday through Thursday from 7:30 AM to 6:00 PM.
The tentative schedule for this RFP is as follows:
Release of RFP
Tuesday, October 10, 2023
Deadline for Questions
Tuesday, October 17, 2023
@ 5:00 D.m.
Response to Questions
Thursday, October 19, 2023
Proposal Due Date
Thursday, October 26, 2023
@ 5:00 p.m.
Interviews with Proposers, if necessary
Wednesday, November 1, 2023
City Council Recommendation of Award
Monda November 13, 2023
DEFINITIONS, TERMS, AND CONDITIONS
Definitions: To simplify and clarify the language throughout this RFP, the following definitions shall apply:
City Council: The elected officials of the City of Bell Gardens, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State Constitution and the City of Bell Gardens Municipal Code.
Agreement: An agreement between the City and the selected Consultant to furnish professional services over a designated period.
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Consultant: The bidder, contractor, vendor, firm, company, proposer, organization, or individual offering a proposal in response to this RFP.
Proposal General Terms and Conditions:
RFP General Conditions
Consultants 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 Records Act (Govt. Code Section 6250 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 information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Consultants 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, except for those elements in each proposal which are defined by the Proposer as business 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 regarded as non -responsive.
Proposal Validity
All proposals, with associated costs, shall be considered valid and binding on the Consultant for a period of ninety (90) days after the proposal due date.
Electronic Documents
Consultants may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Consultant agrees not to edit or change the language or format of these documents. Submission of a proposal by a Consultant signifies full agreement with this requirement.
Receipt of Proposals
Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the Consultant must ensure that the proposal is delivered.
Proposals received after the date and time specified shall be returned and will be considered void and unacceptable. The City is not responsible for the lateness of the mail carrier, etc.; and the time/date stamp of receipt by the City Clerk's Office shall be the official time of receipt. 5
Alterations
Proposal documents cannot be physically altered or amended after the closing date. Alterations made before closing must be initialed by the Consultant to guarantee authenticity. Proposals may not be withdrawn after the proposal closing date, and each Consultant 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.
Point of Contact and Communication
The Director of Public Works/Facilities is the designated "Point of Contact" for this RFP.
Proposers must only communicate with the Point of Contact during the RFP submission and procurement process. Communications initiated by proposers to this RFP with members of the City Council, or officers, personnel or employees of the City, other than via the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this RFP submission and procurement process shall be submitted in writing to the Point of Contact as follows:
City of Bell Gardens
Attention: Bernardo Iniguez, Director of Public Works/Facilities 8327 Garfield Avenue
BeII Gardens, CA 90201
(562) 806-7770
Email: biniguez©bellgardens.org
The City shall not be responsible for any verbal communication between any employee of the City and any proposed Consultant outside of the communication procedures established in this RFP. 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.
Proposers and proposers' representatives may not communicate with the City Council members about this RFP. In addition, proposers and proposers' representatives may not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City regarding this RFP until after Agreement Award. However, proposers and their representatives are not prohibited from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "proposer" or "proposer's representative" includes all of the proposer's employees, officers, directors, Consultants and agents, any subcontractors or suppliers listed in the proposer's proposal, and any individual or entity who has been requested by the proposer to contact the City on the proposer's behalf.
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Reservations
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 on the lowest cost proposal. If an agreement is awarded, the award will be to the Consultant or Consultants who in the judgment of the City have 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 proposals are best for the City. Additionally, the City may, for any reason, decide not to award any agreements based on this RFP. The City reserves the right to cancel or modify 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. There is no guarantee that the City will award an agreement.
Reimbursements
The Consultant 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 Consultant is awarded an Agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the Consultants participation in this RFP process.
Certification
Any proposal that does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City.
Fund inq
The City operates and is funded on a fiscal yearly basis. Accordingly, the City reserves the right to terminate, without any liability, any Agreement for which funding is not available.
Negotiations
Negotiations may be conducted with responsible Consultants who submit proposals that are reasonably susceptible of being selected. All Consultants 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 ultimately result in the award of a single Agreement, the City reserves the right to negotiate an Agreement with more than one firm.
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Additional Information
During the proposal evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Consultants. The City also reserves the right to investigate the qualifications of the proposed Consultant(s) as it deems appropriate.
Award of Agreement
Award of any agreement resulting from this RFP will be by the City Council at a public meeting.
State and Federal Requirements
Since some of the City's projects and programs are funded through State or federal funds, the selected Consultant will comply with any applicable State or federal provisions, including but not limited to, the Community Development Block Grant (CDBG) Contract and Federal Provisions, which include Non-discrimination and Equal Employment Opportunity requirements, Conflict of Interest requirements, County Lobbying Certification, Warranty of Compliance with County's Defaulted Property Tax Reduction Program, and Federal Lobbying Certification. Also, if applicable, selection of the Consultant will comply fully with the requirements of OMB Circular A-142 and all other federal procurement standards.
During the performance of the Agreement, the selected Consultant will agree to comply with the following CDBG Contract and Federal provisions:
1. Non -Discrimination and Equal Employment Opportunity A. The Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
D. Executive Order 11246 requires that during the performance of this Agreement, Consultant agrees not to discriminate against any employee or applicant for 8
employment because of race, religion, sex, color or national origin. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisions of this nondiscrimination clause.
E. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project.
F. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance.
G. Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title.
H. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified disabled individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply.
2. Conflict of Interest
The Consultant, its agents and employees shall comply will all applicable Federal, State and County laws and regulations governing conflict of interest including, but not limited to, 24 CFR Section 570.611 and 24 CFR Part 85, Section 85.36{b). The Consultant agrees to incorporate the language found in this Section, Conflict of Interest, in contracts using CDBG funds and subject to compliance with conflict of interest Federal, State and County laws.
The general rule shall be that no person described in the Persons covered section below of this Section, Conflict of Interest, who exercise, or has exercised any function or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision making process or gain inside information with regards to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have 9
business or immediate family ties, during their tenure or for one year thereafter.
Persons covered -The conflict of interest provisions of this Section, Conflict of Interest, shall apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, or of any designated public agencies, or of any subrecipients that are receiving CDBG funds.
The Consultant represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of the Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one (1 %) percent or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with the County or County of Los Angeles Community Development Commission.
Upon execution of this Contract and during its term, as appropriate, the Consultant shall, disclose in writing to the County any other contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the County's and/or Commission's interest and the interests of the third parties.
3. Records and Audits
The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. (24 CFR Part 84, Sec. 84.53)
4. County Lobbying Certification
The Consultant certifies that:
A. It is understood that each person/entity/firm who applies for a Community Development Commission contract, as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter
2.160, (Los Angeles County Ordinance 9.-0031) and;
B. That all persons/entity/firm who seek a contract with the Community Development Commission shall be disqualified therefrom and denied that contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code.
5. Consultant's Warranty of Compliance with County's Defaulted Property Tax Reduction Program:
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A. The Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or exclusion, the Consultant warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Agreement will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206.
B. Failure of the Consultant to maintain compliance with the requirements set forth in the "County's Defaulted Property Tax Reduction Program " shall constitute default under this Agreement. Without limiting the rights and remedies available to the City under any other provision of this Agreement, failure of the Consultant to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this Agreement pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No. 2009-0028 and codified at Los Angeles County Code, Chapter 2.206.
6. Federal Lobbying Certification
The Consultant certifies that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of any Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Farm-LLL, "Disclosures Form to Report Lobbying', in accordance with its instructions.
C. The Consultant shall require that the language of this certification be included in all subcontracts and that all subcontracts shall certify and disclose accordingly.
Familiarity with Caltrans Local Assistance Procedures Manual The Consultant shall be familiar with the Caltrans Local Assistance Procedures Manual (LAPM) as demonstrated by experience on projects processed through the Caltrans Local Assistance Program. Projects financed in whole or in part with federal funds are also subject to Title 49 of the Code of Federal Regulations, Part 26, Participation by Disadvantaged Business 11
Enterprises in Department of Transportation Financial Assistance Programs." The Consultant shall ensure that the Disadvantaged Business Enterprise Participation Level (DBE Goal) for each project is calculated and adhered to, either through meeting the goal or demonstrating a good faith effort to meet the goal. The Consultant will be required to adhere to any new federal requirements during the term of the Agreement.
Labor Compliance
The selected Consultant will comply with any applicable State or federal labor compliance requirements, including the paying of prevailing wages to certain classifications performing work under an agreement awarded as a result of this RFP, if the State Department of Industrial Relations (DIR) or a federal agency require the paying of such prevailing wages to certain classifications during the term of the agreement.
Consultant Dress Code, Appearance, and Equipment
The selected Consultant shall require each of its employees to adhere to industry standards of work ethic and attire. Shirts shall be worn at all times and shall be buttoned and tucked in. The Consultant's employees shall have shirts with the Consultant's company logo or wear Consultant -issued identification cards at all times while performing work on behalf of the City.
No caps with insignias or designs other than the Consultant's logo may be worn and no caps shall be worn backwards. The Consultant shall provide its employees all of the necessary equipment, vehicles, and apparatus needed to perform the services contained in this RFP.
SCOPE OF WORK
The primary goal of this RFP is to solicit proposals from qualified Consultants who can assist the City with municipal engineering services.
The Scope of Work is as follows:
A. City Engineer Retainer
The firm will provide a qualified individual to serve as the City's designated "City Engineer," who will report directly to the Director of Public Works/Facilities. The City Engineer shall be a registered professional civil engineer in the State of California for at least the past ten (10) years and have been assigned to serve the role of City Engineer in a California municipality within the past three (3) years. The retainer hours will be eighty (80) hours per month, with four (4) hours of regular weekly office hours at the Public Works Maintenance Yard office on Tuesdays and Thursdays from 1:00 p.m. to 5:00 p.m. For the remaining monthly retainer hours, the City Engineer will be available off -site for electronic or telephone communication with City staff, public officials, community leaders, developers, contractors, utilities, public agencies, and the general public. The City Engineer's tasks may include, but not be limited to, the following:
1. Attend public meetings including, but not limited to, meetings of the City Council, Planning Commission, and Traffic and Safety Commission; and staff level meetings 12
with City staff, public officials, community leaders, developers, contractors, utilities, public agencies, and the general public.
2. Analyze the City's needs and prepare, recommend, and administer long- and short-range programs consistent with the economic capabilities of the City. This includes preparation of any and all documentation related to the City's annual Capital Improvement Program (CIP) project budgets.
3. Identify current and future CIP projects, recommend those future CIP projects to the Director of Public Works/Facilities for inclusion in the upcoming fiscal year's CIP project budget, and document budget, scope, schedule, status, organizational responsibility (including other Professional Engineering Firms) and funding sources for CIP projects.
4. Conduct bi-weekly CIP Update meetings, tracking all CIP projects, including current status, funding/budget status, and provide a biweekly CIP project report to the Director of Public Works/Facilities; coordinate with City staff and various consultants to deliver the City's CIP projects; and assist the Director of Public Works/Facilities with the management of the City's CIP including managing design consultants, consultant project managers, and consultant construction managers.
5. Review and comment on private development projects including private development construction plans, site plans, or subdivision maps for compliance with City adopted design standards, subdivision standards, including, but not limited to, review of the following:
a. Map Plans: Review tentative maps, final maps, easement deeds and lot line adjustments, and comply with the Conditions of Approval as set by City staff, City commissions, and the City Council. Consultant shall check and review map boundaries, metes and bounds, and field check final documentation prior to bond exoneration.
b. Hydrology and Hydraulics Plans: Review hydrology and hydraulic studies in compliance with Los Angeles County Drainage Design Standards, Hydrology Manuals, Local Drainage Manuals, and utilize appropriate Hydrology and Hydraulics software programs.
c. Street Improvement Plans: Review street, drainage, and traffic control plans in compliance with the following: City standards, Standard Plans and Specifications for Public Works Construction (Greenbook), MUTCD, Caltrans Highway Design Manual, Caltrans Traffic Manual, Caltrans Standard Plans and Specifications, Los Angeles County Hydrology Manuals, Local Drainage Manuals, the Americans with Disabilities Act, and California Title 24 requirements.
d. Structural Improvement Plans and calculations.
6. Provide general engineering consultation in connection with problems such as traffic 13
congestion, need for traffic calming, parking issues, street signs programs, water services, etc.
7. Recommend policies, regulations and/or ordinances pertaining to engineering matters.
8. Provide technical advice for the City's personnel assigned to Public Works maintenance activities.
9. Advise the City regarding engineering, construction financing, and grant funding opportunities available from other governmental agencies and, when so directed, prepare and initiate applications for such funding opportunities.
10. Make recommendations pertaining to land development project control.
11. Establish working relationships and coordination with all other public agencies and private utilities involving engineering matters affecting City.
12. Conduct field investigations of various engineering issues.
13.Assist the City with the processing of required federal, state and regional permits.
14.Assist the City with processing grant applications and administration of awarded grants.
15. Perform miscellaneous engineering tasks, feasibility studies, investigations, and other duties as directed by the Director of Public Works/Facilities.
16. Establish working relationships with adjacent agencies, utilities, federal, state and regional agencies, and special districts.
B. As -Needed Traffic Engineer
The firm will provide a qualified individual to serve as the City's designated "City Traffic Engineer on an as -needed basis. The City Traffic Engineer shall be a registered professional traffic engineer in the State of California for at least the past ten (10) years and have been assigned to serve the role of City Traffic Engineer in a California municipality within the past three (3) years. The City Traffic Engineer's tasks may include, but not be limited to, the following:
1. Advise and assist City's departments, commissions, committees, and the City Council on various traffic related issues and provide interface with regional and State transportation agencies.
2. Assess the potential traffic impact of proposed development/redevelopment projects.
3. When requested by the Director of Public Works/Facilities (or his/her designee), prepare engineering reports to the Traffic and Safety Commission in response to 14
requests for traffic control device installations and modifications, including, but not limited to, stop signs, crosswalks, traffic channelization, speed humps/bumps, parking restrictions, and speed zones; disabled parking requests; permit parking district requests; and any other traffic -related matters within the purview of the Traffic and Safety Commission.
4. Prepare grant applications for funding from federal, state, and regional/local agencies for traffic safety studies and improvements.
5. Identify, review, and develop recommendations for corrective measures at locations experiencing accident rates higher than normally anticipated.
6. Provide technical advice to City's staff in connection with the maintenance and operation of City's traffic signal facilities.
7. Conduct or review traffic engineering, traffic analysis, speed analysis, and transportation planning studies or project -specific traffic -related issues.
8. Provide comprehensive analyses of existing and projected traffic conditions.
9. Provide electronic traffic control device studies and design including, but not limited to, signs, signals, pavement markings, pedestrian flashers, and rectangular rapid flashing beacons.
10. Perform pedestrian studies including those to provide safe routes to school.
11. Review subdivision or new development projects involving traffic impact analyses.
12. Ensure compliance with traffic standards including, but not limited to, the CA Manual on Uniform Traffic Control Devices (CA MUTCD).
13. Perform miscellaneous traffic engineering services.
C. Public Works Permit Management and Inspection
The firm will provide a qualified individual to serve as the City's designated Public Works Inspector." The Public Works Inspector shall have at least five (5) years of experience conducting public works inspections for municipal right-of-way or encroachment permits, and have performed public works inspection services in a California municipality within the past twelve (12) months. The Public Works Inspector will be available for eighty (80) hours per month, with office hours at the Public Works Maintenance Yard office from 8:00 a.m. to 10:00 a.m., Monday through Thursday, for permit management, processing, issuance, and counter inquiries; and field hours in the City for inspections and other site visits from 10:00 a.m. to 1:00 p.m., Monday through Thursday. The Public Works Inspector's tasks may include, but not be limited to, the following:
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1. Receive, review, process Public Works permit applications; assess permit fees; and issue permits to applicants.
2. Handle public works permit and other engineering -related matters and inquiries at the Public Works Maintenance Yard office, including responding to inquiries from permittees or potential permit applicants.
3. Provide construction inspection/observation of permit work within the public right-of- way, including issuing correction notices, if necessary, and closing out finaled permits.
4. Provide a daily schedule of inspections to the Director of Public Works/Facilities.
5. Issue stop work notices for unpermitted work.
6. Maintain a log of Public Works permits, showing the permit status.
7. Ensure permittees are complying with minimum construction BMPs to prevent construction debris from entering the storm drain system.
D. As -Needed Water Engineer
The firm will provide as -needed water engineering services through a qualified Water Engineer at the request of the Director of Public Works/Facilities (or his/her designee).
The Water Engineer shall be a registered professional civil engineer in the State of California for at least the past ten (10) years and have performed Water Engineer services in a California municipality within the past three (3) years. The Water Engineer's tasks may include, but not be limited to, the following:
1. Attend meetings regarding the City's Water System.
2. Review water policy issues for the City.
3. Assess the potential impact of proposed development and/or redevelopment projects on the City's Water System.
4. Prepare water studies, water master plans, water conservations plans, or other similar water -related plans.
5. Provide technical advice to City staff regarding the maintenance and operation of the City's water system.
6. Review potential regulations impacting the City's Water System. 16
7. Provide technical memorandums on recommended water treatment systems including, but not limited to, treatment for PFAS, metals, and other compounds or pollutants of concern affecting water quality.
E. As -Needed Development Engineer
The firm will provide as -needed development engineering services through a qualified Development Engineer at the request of the Director of Public Works/Facilities (or his/her designee). The Development Engineer shall be a registered professional civil engineer in the State of California for at least the past ten (10) years and have performed Development Engineer services in a California municipality within the past three (3) years. The Development Engineer=s tasks may include, but not be limited to, the following:
1. Attend public meetings induding, but not limited to, meetings of the City Council and Planning Commission; and meetings with City staff, public officials, community leaders, developers, contractors, and the general public.
2. Review and comment on planning programs and land development projects.
3. Provide general engineering consultation in connection with the business of the Community Development Department/Planning Division.
4. Review tentative and final tract and parcel maps, site plans, and other submittals for developments and make recommendations as to engineering matters until final action is taken by the City.
5. Review, check, and approve land divisions.
6. Check all improvement plans prepared by private developers for facilities under the jurisdiction of the City.
7. Establish performance and labor and material bond amounts when required and require posting of such securities and other development fees within the proper time sequence of such development review.
8. Provide field inspection during construction of such improvements by private developers and at the proper time, recommend notices of completion and acceptance of work.
9. Provide such necessary and related functions as are normal practice of the City in the City engineering review of private developments.
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F. As -Needed Public Works!CIP Project Design, Project Management & Administration, Funding Management, Construction Management, Construction Inspection, and Labor Compliance Services
The firm will provide as -needed Public Works/CIP project design, project management & administration, funding management, construction management and inspection, and labor compliance services through qualified individuals at the request of the Director of Public Works/Facilities (or his/her designee). The firm's design phase and construction phase staff must each have at least five (5) years of experience of providing design phase and construction phase engineering services to municipalities in California and have performed these services for California municipalities within the past twelve (12) months. Plans, specifications, engineering reports and/or studies must contain a valid registered professional engineer/architect stamp from Consultant's staff, who shall be registered professionals in the State of California. The firm's tasks may include, but not be limited to, the following:
1. Public Works/CIP Project Design Services:
a. General Design Services
i. Prepare preliminary and final design for Public Works/CIP projects, including, but not limited to, plans, specifications, design calculations, analyses and project design schedules as required by the conditions on the respective project.
ii. Prepare plans and specifications in accordance with a format appropriate for the respective project including, but not limited to, City standard plans and specifications, "Greenbook" Standard Specifications for Public Works Construction and Standard Plans for Public Works Construction, Caltrans standards, or Construction Specifications Institute (CS!) standards. iii. Conduct all field, topographic, and control surveys; prepare all geotechnical studies and reports; obtain title reports for adjacent properties as required; and include survey by a licensed surveyor of all property lines and easements for anticipated right-of-way and easement acquisitions. All topographic survey, property lines, and easements shall be mapped and accurately provided in AutoCAD format for use during design.
iv. Provide 30% conceptual plans, as well as 60%, 90%, and 100% plans, specifications, and estimate (PS&E) submittal packages for City review. v. Prepare project cost estimates and perform field reviews as needed. vi. Perform peer review services for general compliance. vii. Prepare utility coordination letters and coordinate with all utilities to obtain existing utility record plans, as-builts, schematics, etc. The existing utility information shall be shown on the final design plans.
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viii. Prepare feasibility studies as needed.
ix. Prepare final bid documents incorporating all comments from previous reviews. Final plans shall be plotted electronically to PDF in full size, and shall be signed by the engineer in responsible charge licensed in the State of California.
x. Attend pre -bid meetings to address any questions about the project. xi. Assist in the preparation of any necessary addenda that may be required. xii. Review and respond to contractors Requests for Information as well as review and approve submittals.
xiii. Attend pre -construction meetings.
xiv. Review, prepare and approve shop drawings.
xv. Coordinate with pertinent regulatory agencies, stakeholders, material and equipment suppliers and assist the City with obtaining approvals and permits as may be required from applicable agencies including, but not limited to, Los Angeles County, Metropolitan Water District, Metropolitan Transportation Authority, Caltrans, or other federal, state, regional, and local agencies. b. Land Surveying
i. Provide field and office land surveying services for the construction of municipal improvements including, but not limited to, facilities, streets, traffic signals, walls, bridges, trails, storm drains, channels, and utilities. All work is to be performed under the direct supervision and charge of a registered land surveyor in the State of California.
ii. Land surveying services may include the following:
1. Monument perpetuation in compliance with California Business and Professions Code, Section 8771
2. Geographical Positioning Systems (GPS)
3. Topographical and preliminary design surveys
4. Aerial Photography
5. Construction survey staking and earthwork
6. "As built" surveys/plans of completed improvements
7. Title and records research for right-of-way engineering, property acquisitions, dedications, vacations, and boundary surveys
8. Preparation of legal descriptions for easements, dedications, and leases
9. Preparation of survey records, corner records, parcel maps, tract maps, and lot line adjustments
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c. Environmental Compliance and Permitting
i. The Consultant shall be responsible for determining all environmental or jurisdictional permits and clearances required to deliver the respective project.
Based on the assessment, the Consultant shall prepare, submit all required permit applications, environmental review documentation, and related documents for processing by the City; and obtain all required environmental or jurisdictional permits required by federal, state, local, and jurisdictional agencies to ensure the project is cleared for construction. ii. The Consultant shall prepare appropriate California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation and any associated technical studies, if applicable, that are required to clear the project for construction. The documentation may include, but not be limited to, the following:
1. Initial Study
2. Mitigated Negative Declaration
3. Negative Declaration
4. CEQA/NEPA Compliance
5. Environmental Impact Statement/Environmental Impact Report
6. Biological Assessment
7. Regulatory agency permitting
iii. The Consultant shall prepare a schedule of permits with the required timelines to ensure each permit is obtained prior to the start of construction. iv. The Consultant shall prepare all environmental documents in preliminary and final draft stages for City review, and shall incorporate any comments made during the preliminary document review.
v. If applicable, the Consultant shall coordinate and manage the environmental document approval process, including all public review and hearings that may be required.
d. Geotechnical Engineering and Materials Testing
i. The Consultant shall provide Geotechnical Engineering and Materials Testing Services including, but not be limited to, the following:
1. Laboratory testing
2. Materials sampling and field testing
3. Drilling/subsurface exploration; pavement coring
4. Geophysical Investigation
5. Pavement rehabilitation evaluation/recommendation; identify pavement dig -out areas for pavement resurfacing projects.
6. Geological/Geotechnical Engineering
7. Source Inspection Quality Management Plan (SIQMP) Reports 20
8. Materials/Foundation/Geotechnical Design Reports
9. Soils Reports
10. Specialty Testing
e. Landscape Architectural Services
i. The Consultant shall provide Landscape Architect Services for City parks, trails, street medians and parking lots, including dog parks and other approved park projects, through a California -licensed landscape architect in the State of California for at least the past ten (1 b) years and have performed landscape architectural services in a California municipality within the past three (3) years.
These services will include, but not be limited to, the following:
1. Landscape architecture, including preparation of plans, specifications, estimates, and scheduling.
2. Complete data collection including, but not limited to, frle review, General Plan review, scoping meetings, boundary and topographic surveying, research of existing utility locations, and engineering studies.
3. Coordinate with City staff and consultants for CIP projects and other City projects.
4. Provide conceptual design and alternative development plans and schematic plans including 3D modeling and videos of the project, as needed.
5. Conduct informational workshops, monthly status meetings, and presentations to City officials, as needed.
6. Provide information regarding any additional services that may benefit the City.
7. Other related services as requested/directed by the Director of Public Works/Facilities.
2. Project Management & Administration:
a. The Consultant shall perform the following tasks:
i. Assist City staff in scoping, developing, and scheduling capital projects. ii. Prepare RFCs and RFPs, as necessary.
iii. Assist City staff with coordination with other City departments, agencies, utilities, and community as required; monitoring budget and schedule; community outreach as required; and serving as the City's owner representative in all aspects of the project process, if directed by the Director of Public Works/Facilities.
3. Funding Management:
a. The Consultant shall manage the local, state, or federal funding and reporting to the respective funding agencies including Ca!trans, Metro, FHWA, FTA, HUD, State Parks, etc.
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4. Construction Management and Inspection Services
a. The Consultant shall provide professional engineers/construction managers with significant experience in administering Public Works/CIP projects. The proposed Consultant staff will be well versed in all aspects of construction administration including, but not limited to, project scheduling, project controls, project management, partnering, and claims resolution, in order to ensure project completion on time and within the established budget of the respective project.
Projects in the City vary in size, magnitude, and scope including, but not limited to, street improvements, facility improvements, park improvements, storm drain, pipeline or utility improvements, and traffic signal improvements. The Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks:
i. Provide and maintain contract administration and full-time project inspection for the duration of each respective project. ii. Coordinate meetings with City representatives, contractors, and other agencies related to the project, including scheduling and chairing of pre -construction meetings and progress meetings; providing assistance in responding to all questions in a timely manner and preparing meeting minutes.
iii. Establish coordination and communication procedures among project participants.
iv. Provide videotape and photographic documentation of project site prior to and during construction.
v. Assist the City's representatives in conducting and coordinating field meetings with contractors and act as the City's liaison for coordination and communication with other agencies, engineers, and architects as needed. vi. Coordinate with design engineers and project managers on design issues encountered during construction.
vii. Coordinate and facilitate coordination with utility companies and the contractor.
viii. Provide public outreach services as required.
ix. Review the project contract documents and perform a constructability review.
x. Review the contractor's submittals in accordance with the requirements of the project specifications and the City's requirements prior to final approval.
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xi. Review and respond to all project Requests for Information (RFIs) in a timely manner.
xii. Review and facilitate submittals and shop drawings. xiii. Establish and implement procedures for processing and expediting RFIs/Requests for Clarification (RFCs), approval of shop drawing submittals, approval of material and equipment sample submittals, approval of contract schedule adjustments, negotiate and recommend for approval of change orders, substitutions and review and recommend for approval of payment requests; and provide document management including maintain logs for RFIs/RFCs, change orders, submittals, Requests for Quotations, Correction Notices, Stop Work Notices, and other related construction documents.
xiv. Log compliance with environmental documentation and stormwater compliance, including the proper implementation of construction stormwater best management practices (BMPs).
xv. Review, negotiate, process, and monitor contract change orders with the City's approval.
xvi. Review extra work invoices and time and material tickets. xvii. Provide construction inspection and quality control services; including ensuring the scheduling of any applicable specialty inspections that may be required for a project, including for concrete work, electrical/telemetry, structural, and equipment testing; and ensure specialty inspectors have all necessary certifications.
xviii. Ensure the contractor is complying with all applicable permitting requirements, agency requirements, local regulations, and utility requirements.
xix. Verify that contractor used proper materials and equipment, and that all street and facility construction, street restoration, and site improvements are properly completed in accordance with the plans and specifications. xx. Verify protection of existing survey monuments and their restoration, including informing the contractor of these requirements at the pre -construction meeting.
xxi. Ensure the contractor is implementing minimum construction BMPs or BMPs prescribed by the construction SWPPP for sites covered by the State General Construction Activity Stormwater Permit.
xxii. Provide construction material testing, geotechnical testing, and 23
compaction testing.
xxiii. Review material testing for compliance with the contract documents. xxiv. Monitor the contractor's safety program and performance as required for compliance with Cal/OSHA; and identify and issue notices to the contractor for any safety concerns or violations.
xxv. Participate and assist in conducting final inspection, testing, and release of facilities.
xxvi. Review and approve record drawings at project completion. xxvii. Assist in preparation of daily pay estimates in accordance with the inspection daily report.
xxviii. Assist in preparation of contractor's monthly pay estimates. xxix. Report all unresolved issues and potential claims to the City's representative in writing on daily basis; evaluate all contractor claims and coordinate the resolution of conflicts in the plans and/or specifications, contractor -suggested design changes, and design changes necessitated by unforeseen field conditions.
xxx. Review contractors CPM schedule and monitor updates on a weekly basis.
xxxi. Provide weekly status updates and comprehensive monthly reports with construction updates; with the monthly reports consisting of the project progress, any compliance issues, and most recent logs for submittals, change orders, RFIs, materials testing, project photos, and any other pertinent information concerning the status of the project. xxxii. Prepare the preliminary and final project punch list and verify completion of punch list items by the contractor for final acceptance by the City. xxviii. Monitor the maintenance of the project record drawings during construction and the final preparation of "as -built" drawings after project completion.
xxxiv. Assist in project closeout; prepare all documentation needed for project closeout, including assembling all warranties, guarantees, and operation and maintenance manuals.
Submit a final construction management report summarizing the project history, including major problems, claims and recommendations, and actions taken for corrective action.
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xxxvi. For most typical Public Works/CIP projects, full time inspection will be 8 hours per day and construction management will be 4 hours per day for the duration of the project; subject to modification based on the actual project scope.
5. Labor Compliance:
a. The Consultant shall coordinate with the City's Labor Compliance Consultant for the necessary labor compliance monitoring for each respective Public Works/CIP project. If the City's Labor Compliance Consultant cannot provide the necessary labor compliance services, then the Consultant shall provide these services.
These services shall include, but not be limited to, the following:
L Provide labor compliance services for construction project activities with reporting as required by federal, state, or county regulations as needed. ii. Review certified payroll and conduct on -site interviews as required. iii. Prepare final reporting documents in a format in accordance with granting agency requirements.
iv. Assist the City in preparing for any project audits. v. Attend audits in support of staff and ensure that the proper documents are available.
Federally funded oroiect caveat. The City intends to construct during the duration of the agreement multiple transportation projects that are state and federally funded. In addition to the services described above, these projects may require additional or specific services as described below in compliance with the Caltrans Local Assistance Procedure Manual (LAPM). The selected Consultant shall perform site investigations, cost estimating, planning, land surveying, preliminary engineering, civil engineering design, construction support and other services as deemed necessary by the City for which the Consultant is qualified related to federal and state funded projects, and charge these services in accordance with the categories above. The Consultant may provide services to the City including, but not limited to, the following:
• Project Management — The Director of Public Works/Facilities will serve as the contract manager and direct liaison between the Consultant and . Caltrans District No. 7 Division of Local Assistance. The Consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes, but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City and the Consultant's subcontractors, and preparing all submissions for the City to submit to Caltrans 25
Local Assistance.
• Preliminary Engineering Studies — Develop general project locations and design concepts and related activities needed to establish the parameters for final design such as Geometrics, Hydraulics, Geotechnical, Bridge, Landscape Architecture, Traffic Operations, Electrical, ITS Elements, etc.
• Surveys and Mapping — The Consultant shall be responsible for data collection, mapping and surveying necessary for preliminary engineering, design, cost estimates, right-of-way impacts, and the level of environmental clearance. The scope of comprehensive base mapping and surveying includes, but is not limited to, Control Surveys, Aerial Photogrammetry, Design Level Topographic Surveys, Right -of -Way mapping and property boundary mapping required for property acquisitions, and a Record of Survey.
• Environmental Studies and Documentation — Complete the environmental review; including preparation of Caltrans Preliminary Environmental Study and all other technical studies and documents required to comply with CEQA and NEPA and to obtain environmental clearance from Caltrans.
• Utility Coordination — Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, including relocation of the utility poles, as needed. Prepare all documentation required to obtain utility clearance from Caltrans.
• Right of Way Phase & Determination — The Consultant shall prepare the Request for Authorization to advance a project to the Right of Way Phase using procedures outlined in the Caltrans Local Assistance Procedures Manual. When authorized, the Consultant shall review right-of-way records and establish additional right-of-way along the entire alignment, if necessary. The Consultant shall prepare all documents required to obtain right-of-way clearance from Caltrans. The Consultant shall also support City staff in negotiations with property owners for property acquisition and in coordinating improvements affecting improvements on private property and necessitating Temporary Construction Easements. • Design — Design the improvements and prepare the plans, specifications, and estimates in accordance with Caltrans Standards and AASHTO Geometric Design guidelines to achieve project objectives. The Consultant shall examine and present project alternatives, as necessary, which complete project goals within construction budget. PS&E shall be submitted to the City at 30%, 60%, 90%, and final contract documents.
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Construction Phase Authorization — The Consultant shall prepare the Request for Authorization to advance the project to Construction using procedures outlined in the Caltrans Local Assistance Procedures Manual.
• Bid Process — Provide an electronic copy of the final approved plans and specifications, a mylar copy of the final approved plans, and a hard copy of the final approved specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. The Consultant will be responsible for making copies of contract documents and will distribute them to plan rooms and contractors. The Consultant shall respond to questions that arise during the bid phase and prepare addendums which will be distributed by the City, as necessary.
• Construction Support — The Consultant shall provide support during construction to the City. This shall include, but not be limited to, review of submittals and shop drawings, responding to Requests for Information, modifications to the design in response to changed conditions encountered during construction, and assistance in the review and analysis of proposed Change Order proposals. Attendance at weekly progress meetings may be required.
• Grant Administration — The Consultant shall prepare Requests for Authorization (RFA) to Caltrans Local Assistance for the various phases of work including, but not limited to, the following: 1) Preliminary Engineering (PE) & DBE Goal Setting; 2) Right of Way (R/W); 3) Utility Relocation (RW/UTIL); and 4) Construction (CON).
Consultant shall prepare the Award Package and Final Report of Expenditures to Caltrans and shall assist the City in the preparation of federal and state invoices and requests for reimbursement. These services shall be in accordance with Caltrans Standards, FHWA Standards, and the City's Standards.
G. As -Needed Other/Additional Public Works Engineering Services At times, the City may require other/additional Public Works engineering and administrative services. The firm will provide as -needed other/additional Public Works engineering services through qualified individuals at the request of the Director of Public Works/Facilities (or his/her designee). The firm's other/additional Public Works engineering staff must each have at least five (5) years of experience of providing miscellaneous engineering -related services to municipalities in California and have performed these services for California municipalities within the past twelve (12) months.
The firm's tasks may include, but not be limited to, the following:
1. Project administration, grant administration, and contract administration for projects or programs not related to Category F (Public Works/CIP Projects). 27
2. Miscellaneous engineering services as needs arise.
H. NPDES Stormwater Compliance Consultant Services
The City is subject to various stormwater requirements contained in the Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit and State General Construction and General Industrial Activity Permits (CGP and IGP) issued by the Los Angeles Regional Quality Control Board (RWQCB) and the State Water Resources Control Board (SWRCB), respectively. The City is also subject to the conditions contained in the Los Angeles River Upper Reach 2 Watershed Management Group (LARUR2-WMG) Watershed Management Program (WMP) and Coordinated Integrated Monitoring Programs (LIMP); and the requirements and conditions contained in the Safe, Clean Water Program (Measure W), of which the City is a recipient of Municipal and Regional Measure W funds. The Consultant will provide the City with NPDES Stormwater Compliance Consultant Services with Consultant staff possessing any required stormwater certifications to achieve and maintain compliance with the requirements and/or conditions contained in the MS4 NPDES Permit, CGP, IGP, LARUR2-WMG WMP and LIMP, and the Measure W ordinance. The firm's tasks will include, but not be limited to, the following:
1. Stormwater Management Program Minimum Control Measures Compliance_ The Consultant will ensure compliance with the requirements for Progressive Enforcement and Interagency Coordination, Public Information and Participation Program, Industrial/Commercial Facilities Program, Planning and Land Development Program, Construction Program, Public Agency Activities Program, Illicit Discharge Detection and Elimination Program contained in the most recent MS4 NPDES Permit (currently Order R4-2021-0105, NPDES No. CAS004004) and the most recent LARUR2-WMG WMP. These tasks will include, but not be limited to, the following:
a. Industrial/Commercial Facilities Program
The Consultant shall perform the following:
Track Critical Industrial/Commercial Sources
Review City databases to determine inventory of industrial/commercial facilities subject to a stormwater in pection
Track facilities (industrial and commercial sources) using a GIS-based inventory using an electronic database
Track inspection reports and enforcement actions with an electronic database Educate Industrial/Commercial Sources
Notify facility operators of applicable Best Management Practice (BMP) requirements
Develop and implement a Business Assistance Program
Develop educational materials to be distributed to facilities Inspect Critical Industrial/Commercial Sources
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Inspect State NPDES Permitted industrial facilities for proper BMP implementation _
Inspect commercial/light industrial facilities for proper BMP implementation Inspect eating establishments and nurseries for proper BMP implementation Verify the implementation of the Commercial and Industrial Source Control BMPs identified on Table 6 of the MS4 NPDES Permit
Ensure Compliance (Implement Progressive Enforcement)
Follow-up at non -compliant facilities within 4 weeks
Prepare formal violation notices following City's municipal code Manage program and implement quality assurance/quality control (QA/QC) procedures
Train City staff
The Consultant will keep track and inform the City of when the required Industrial/Commercial Facilities Control Program inspections will need to be conducted in order to remain in compliance with the MS4 NPDES Permit and LARUR2-WMG WMP. The Consultant will perform the industrial/commercial facility stormwater inspections with the following minimum program elements: (1) tracking, (2) education, (3) inspection, and (4) .ensuring compliance with the municipal ordinance at industrial and commercial facilities that are critical sources of pollutants in stormwater.
The City will issue the Consultant a separate Request for Service or Task Order for each round of industriaVcommercial facility stormwater inspections.
The Consultant's industriaVcommercial facility stormwater inspections will include the following components:
i. Information Gathering
The Consultant will gather the following information during the inspection of each industrial or commercial facility to assist the City in updating its watershed -based inventory as required by the RWQCB:
(1) Name of facility;
(2) Name of owner/operator and contact information;
(3) Address of facility (physical and mailing);
(4) The latitude/longitude coordinates;
(5) Standard Industrial Classification (SIC) code;
(6) North American Industry Classification System (NAICS) code (optional); 29
(7) A narrative description of the activities performed and/or principal products produced;
(8) Status of exposure of materials to storm water;
(9) Name of receiving water;
(10) Identification of facilities that have active coverage under the SWRCB's General NPDES Permit for the Discharge of Storm Water Associated with Industrial Activities (Industrial General Permit) or other individual or general NPDES permits. For facilities with active coverage under the Industrial General Permit, the type of coverage (Le., Notice of Intent or No Exposure Certification) and the Waste Discharge Identification (WDID) number shall be included;
(11) Identification of facilities that have filed a Notice of Non -Applicability (NONA) or any applicable waiver issued by the LARWQCB or the SWRCB pertaining to stormwater discharges;
(12) Date and description of outreach; and
(13) Date(s) of inspection(s).
ii. Inspections
The Consultant will list the number of industrial/commercial facilities subject to a stormwater inspection based on the City's most recent business license inventory or other readily available database of industrial/commercial facilities subject to a stormwater inspection including, but not limited to, restaurants, auto repair/services facilities, retail gas stations, and industrial facilities. The Consultant will ensure industrial/commercial facility stormwater inspections are conducted by qualified and certified stormwater inspectors as required by the MS4 NPDES Permit. The Consultant shall update the inventory of critical sources at least once every two years on behalf of the City. The update shall be accomplished through collection of new information obtained through field activities or through other readily available inter- and intra-agency informational databases (e.g., business licenses, pretreatment permits, sanitary sewer connection permits, and similar information).
iii. Education
The Consultant will notify the owner/operator of each of its inventoried commercial and industrial sites of the BMP requirements applicable to the site/source. The Consultant's inspector will provide the owner with the required BMP information on a City approved handout. More specifically, the Consultant's inspector will distribute stormwater pollution prevention educational materials to operators of auto facilities, restaurants, industrial facilities, and mobile businesses. This will also meet the requirement of the City to implement a Business Assistance 30
Program to provide technical information to businesses to facilitate their efforts to reduce the discharge of pollutants in stormwater.
iv. Schedule
The Consultant will provide a schedule for the completion of the required industriallcommercial facility stormwater inspections, including any required reinspection due to violations. The Consultant will provide the City with inspection records and provide the information to the City in an electronic database. For facilities with violations, a reinspection will be completed within 4 weeks of the initial inspection. A notice of compliance/violation will be forwarded to the owner within one week of the inspection notifying them of the violation and informing them of the reinspection.
v. Scope of Industrial/Commercial Facilities Stormwater Inspections Commercial Facilities: The Consultant will inspect commercial facilities subject to a stormwater inspection every two years. The Consultant will inspect these facilities to confirm that stormwater and non-stormwater BMPs are being effectively implemented in compliance with municipal ordinances. At each facility, inspectors shall verify that the operator is implementing effective source control BMPs for the pollutants generated by the commercial activity.
Likewise, for those BMPs that are not adequately protective of water quality, the Consultant, as authorized by the City, may require a commercial facility to install additional site -specific controls. Each inspection shall be documented by an inspection report that includes a summary of the inspection, conclusion, and photos.
Industrial Facilities: The Consultant will inspect industrial facilities subject to a stormwater inspection every two years for facilities that have exposure to stormwater and every five years for facilities that do not have exposure to stormwater. The Consultant will inspect these facilities to confirm that:
(1) The facility is either enrolled in the Industrial General Permit (i.e., has an active WDID number) or has submitted a NONA application to the Los Angeles Water Board.
(2) A Storm Water Pollution Prevention Plan (SWPPP) is developed and available at the facility.
(3)
BMPs are being effectively implemented at the facility for all pollutants of concern.
The Consultant shall document each inspection with an inspection report that includes a summary of the inspection, conclusion, and photos. The Consultant will also inform the RWQCB and/or SWRCB, within 2 weeks after conducting the inspections, of any industrial facilities subject to coverage under the IGP that do not have evidence of coverage through a current WDID number or a 31
No Exposure Certification.
b. Planning and Land Development Program
The Consultant shall perform the following:
Program Implementation
Ensure the City has prepared and adopted a Low Impact Development (LID) ordinance
Review or ensure LID plans/Standard Urban Stormwater Mitigation Plans are reviewed
_JSUSMPs)
Prepare SUSMP/Post-construction BMP Maintenance Agreements/Covenants and ensure they are executed by the project developer/property owner, and recorded by the L.A. County Registrar -Recorder, if applicable Track projects and BMPs in an electronic database
Track all inspection reports and enforcement actions
Conduct BMP verification inspections
Notify existinaSUSMP sites of maintenance requirements
Conduct BMP maintenance inspections
Conduct follow-up activities at non -compliant projects Manage Program, Implement QA/QC Procedures
Train City staff
c. Development Construction Program
The Consultant shall perform the following:
For sites less than one acre: review erosion control plans and track, inspect, and conduct follow-up site visits
Inventory construction sites (>1 acre)
Update the inventory of construction sites >1 acre monthly Track site inventory, inspections, and enforcement actions using an electronic database
Review and approve Construction SWPPPs prior to the City's issuance of land disturbance permits
Inspect >1 acre construction sites monthly for proper BMP implementation Ensure compliance (implement progressive enforcement)
f=ollow-up at non -compliant facilities within 4 weeks
Prepare formal violation notices following City's municipal code Train City staff
Train plan reviewers and permitting staff in BMP standards and SWPPP requirements
Train construction site inspection staff in BMP standards and SWPPP requirements Manage Program, Implement QA/QC Procedures
The Consultant will coordinate the annual mandatory training sessions with pertinent City staff. Training topics will include the key components of the QSP and QSD 32
Programs. The Consultant will update and revise training documentation as necessary and will make the materials available for distribution to pertinent City staff. Turn -around time for SWPPP review will be two weeks. Inspections at State -permitted construction sites will be conducted once per month. Inspections at sites disturbing less than one acre but with enhanced control measures that exceed the minimum requirements will also be inspected once per month. Enforcement actions, when necessary, will be issued within one week. Follow-ups will be conducted within the timeframe provided in the enforcement action.
d. Public Agency Activities Program
The Consultant shall perform the following:
Public Construction Activities (addressed by Development Construction Program) Inventory Public Facilities for 24 categories of public facilities, including pollutants sources
Inventory Existing Development Retrofit Opportunities
Identify and rank candidate retrofit areas using watershed model/screening tools Public Agency Facility and Activity Management
Develop language to require contractors to implement BMPs Landscape, Park and Recreational Facilities Management
Develop Integrated Pest Management Policy
Storm Drain Operation and Maintenance
Prioritize catch basins
Assist with installation of trash capture devices in high priority areas Municipal Employee and contractor Training
Train staff in targeted positions of requirements of Public Agency Activities Program Manage Program, Implement QA/QC Procedures
e. Illicit Discharge Detection and Elimination Program
The Consultant shall perform the following:
Ensure illicit discharges are investigated and eliminated Develop written procedures for illicit discharge investigation and elimination Investigate illicit discharge complaints and prepare investigation reports Conduct follow-up investigation to verify elimination of detected illicit discharges Public reporting of non-stormwater discharges and spills Develop written procedures for tracking complaints
Document complaints and investigations
Develop Spill Response Plan
Provide illicit connection and illicit discharge education and training Train City staff on illicit discharge identification, elimination, clean-up, reporting, and documentation
Manage Program, Implement QA/QC Procedures
f. Public Information and Participation Program
33
The Consultant shall perform the following:
Public Participation: Participate in a City event to promote public involvement in ollution revention (as needed
Develo Residential Outreach Program
Pre are article for City media outlet
Develop educational materials to address vehicle, house, yard, animal, and construction wastes
Distribute materials at points of purchase (auto parts, home improvement, pet/feed stores, etc.)
Ensure City's Public Works environmental/stormwater webpage contains required educational items
Ensure educational materials are provided to school children (if not addressed by L.A. Count ro ram
Mana a Pro ram, Im lement QA/QC
g. Watershed Management/TMDL Programs
The Consultant shall perform the following:
Provide as -needed assistance with program development for any applicable Total Maximum Daily Loads (TMDLs) including, but not limited to, Bacteria, Metals, and Trash TMDLs:
Watershed Control Measures: Provide as -needed assistance with implementation efforts, such as:
Public LID retrofit proJcts and green streets projects
Nonstructural and institutional watershed control measures _
Non-stormwater discharge source identification
Trash Amendments compliance
Ensure compliance with monitoring efforts undertaken by LARUR2-WMG WMP watershed consultants
Adaptive Management: Provide as -needed assistance with program developments
Representation: Provided as -needed CITY representation at LARUR2-WMG WMP meetings, Lower Los Angeles River WASC meetings, and any other stormwater- related meetings as requested by the Director of Public Works/Facilities h. Monitoring and Reporting Program
The Consultant shall perform the following:
Reporting: Prepare the MS4 NPDES Annual Report, including MS4-related TMDL Reporting
Reporting: Prepare the Semi -Annual MS4 NPDES Report, including MS4-related TMDL Reporting
Ensure compliance with monitoring efforts undertaken by LARUR2-WMG WMP 34
and GIMP watershed consultants; if LARUR2-WMG no longer provides this monitoring, then Consultant shall coordinate any necessary monitoring Preparation of the Annual Report will include a first draft for review by the Director of Public Works/Facilities two months prior to the annual submittal deadline, and a final draft for final review by the Director of Public Works/Facilities one month prior to the annual submittal deadline.
2. General Stormwater Compliance Consultant Assistance.
The Consultant shall perform the following:
Represent City at relevant NPDES-related or Measure W -related meetings and u date Cit staff
Provide program updates to City staff and elected officials Provide assistance with the MS4 Permit renewal process, representing City interests in negotiations and communications with the RWCB, SWRCB, or U.S. EPA.
Provide assistance with other stormwater-related tasks as requested by the Director of Public Works/Facilities
Assist City staff with overall program management for MS4 NPDES Permit compliance (including preparation of documents for reports to the County and RWQCB)
Provide inventory of City facilities that are a potential source of stormwater pollution Provide inventory of existing development to identify potential locations with retrofitting opportunities
Develop BMPs for mitigation of stormwater pollution at City facilities Evaluate City's landscape management program to ensure protocols are in place to properly manage application and storage of pesticides and fertilizers to prevent stormwater pollution
Assist City staff with public education/outreach activities, as requested by City.
For development projects, ensure the City is issuing technical approval of SWPPPs and LID/SUSMP Plans
Inspect construction sites to ensure correct installation and operation of BMPs Post construction, conduct annual maintenance inspections to ensure correct operation of BMPs and LID Plans.
Provide Measure W program administration including, but not limited to, preparing draft Measure W Annual Plans, draft Measure W Annual Reports, and Draft Measure W Quarterly Reports, including providing all required technical or engineering information by a licensed engineer in the State of California, for review by the Director of Public Works/Facilities at least one month prior to the submittal deadline to L.A. County Flood Control District (LACFCD); and submit the finalized plans or reports to LACFCD if directed by the Director of Public Works/Facilities The Scope of Work may be modified through negotiation and/or by written addendum after the Agreement is approved.
35
METHOD OF COMPENSATION
Work item
Compensation Method
CityEngineerRetainer
Lump sum per month
Traffic Engineer Retainer
Lump sum per month
Public Works Permit Management and
Inspection
Hourly rates
As -Needed Water Engineering
Hourly rates
As -Needed Development Engineering
Hourly rates
As -Needed Public Works/CIP Project
Design, Project Management &
Administration, Funding Management,
Construction Management, Construction
Inspection, And Labor Compliance Services
Design fees based on percentage of the
estimated cost of construction. Construction
fees based on percentage of average of
three (3) lowest bids. If only two (2) bids are
received, the average of the two (2) bids will
be used. If only one (1) bid is received, the
actual bid amount will be used.
As -Needed Other/Additional Public Works
En ineerin Services
Hourly rates, not -to -exceed a negotiated
scope and lump sum.
NPDES Storrnwater Compliance Consultant
Services
Hourly rates
PROPOSAL FORMAT AND CONTENT REQUIREMENTS
The following instructions describe the form in which proposals must 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 will be considered incomplete and may be rejected.
Proposal documents should provide a straightforward, concise description of the Consultant'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 Consultant from furnishing additional reports, functions, and costs as deemed appropriate.
The proposal must contain the following elements:
36
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 Consultant's background and experience providing services, and a description of the firm's understanding of the City's needs. b. Conflict of Interest Statement: The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement. Particular attention should be paid to compliance with Government Code section 1090.
2. Methodology
a. Include description of a) the approach and methodology to be taken in addressing each component in the scope of work, b) a listing of the specific tasks, milestones and deliverables required to properly perform the requested services, and c) a workplan showing proposed hours for each retainer service, availability of team members, quality assurance & supervision.
b. The City will expect the selected Consultant to adhere to the established methodology and workplan.
3. Management and Staffing:
Describe the management and staffing configuration to be utilized to complete each component of the scope of work. Describe the qualifications of staff to be assigned to the City, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who will have primary responsibility for the requested services. The proposal must also identify any proposed subcontractors or subconsultants that are integral to the proposed team.
4. Minimum Qualifications, Prior Related Experience, and References a. Firms or individuals must demonstrate competence and capability to satisfactorily perform the scope of work. Firms must have at least ten (10) years of experience providing municipal engineering services in California. Proposals that do not meet the minimum qualifications will be determined nonresponsive and ineligible for award. The proposer must provide evidence to show that the firm and members of the proposer's project team possess the specific minimum experience, 37
qualifications, competence, resources, and business integrity as specified in the scope of work that are necessary to cany out the work under the contract as expected. Examples of evidence include, but are not limited to resumes, letters of reference, and project/service summaries that highlight the team's specific experience.
b. A list of at least five (5) professional references, three (3) of which shall be from a municipal or public agency. This client reference list must be included as an appendix to the proposal and must include the following information for each reference listed: a) complete description of the work/services provided, b) the time period for the work/services provided, c) the name and contact information of the client, including telephone number and/or address, and d) the key managers and professionals assigned to the work/services. The information concerning the work/services provided for each respective client must be no more than five (5) years old.
5. Cost and Pricing:
a. Proposals must include the Proposal Price Sheet attached as Attachment "B." b. For as -needed non -retainer services, proposals must include staff hourly rates, plus any other proposed costs such as mark-ups, overhead, travel, etc. An hourly fee/rate schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly fees/rates.
6. 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 Consultant's exceptions to the provisions and conditions of the attached City standard professional services agreement attached as Attachment "C."
7. Pending Litigation:
Include an explanation and status, if in the last five years, the firm or an office or principal of the firm has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.
38
8. Insurance:
Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample agreement attached as Attachment "C."
EVALUATION CRITERIA
The award of an agreement will be made to the most qualified Consultant(s) 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 Consultant to whom it is proposed to make such an award.
Proposals will be reviewed and evaluated by City staff, including the Director of Public Works/Facilities, and will be ranked based on the following criteria:
1. Comprehension of the Request for Proposals . (Max Score: 15 Points) This relates to the proposer's basic understanding of the City's requested services and proposer's ability to articulate a concise description of the role of the requested services.
2. Qualifications of Proposer (Max Score: 65 Points)
• Experience of the firm
• Staffing and resources
• Qualifications and experience of proposed personnel
- City Engineer
- Traffic Engineer
- Other assigned personnel
• Ability to provide other Public Works -related services such as project administration, grant administration, and contract administration.
• Familiarity with federal, State and regional/local agency requirements, including funding and project entitlement requirements from agencies such as FHWA, FTA, Caltrans, Metro, etc.
3. References (Max Score: 20 Points)
This relates to the reputation and quality of past work performed by the proposer based on municipal and other professional references.
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 proposers. The 39
interview panel will be made up of staff members or representatives from the City.
Recommendations will be provided 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.
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 or City Council members;
• 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 will be considered along with those of other responding Consultants, with respect to ability to perform effectively and efficiently those scope of work 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 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 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 rejections).
40
ATTACHMENT "A"
PROPOSAL PRICE SHEET
41
PROPOSAL PRICE SHEET
A. City Retainer:
City Engineer
$ per month
B. As -needed Traffic Engineer:
Attach the hourly rates for the various classifications that would be billed to the City under this category.
C. Public Works Right of Way Permit Management and Inspection:
Attach the hourly rates for the various classifications that would be billed to the City under this category.
D. As -Needed Water Engineer:
Attach the hourly rates for the various classifications that would be billed to the City under this category.
E. As -Needed Development Engineer:
Attach the hourly rates for the various classifications that would be billed to the City under this category.
F. As -Needed Public Works/Capital Improvement Program Projects:
These services will be billed as a percentage of a project's construction cost. Specify the percentages for the services listed below for construction costs less than $499,999, construction cost between $500,000 - $999,999, construction cost between $1,000,000 - $4,999,999, and construction cost over $5,000,000:
1. Design Services _%
2. Project Management and Administration _%
3. Funding Management _%
4. Construction Management _%
5. Construction Inspection _%
For Labor Compliance, attach the hourly rates for the various classifications that would be billed to the City under this category.
G. As -Needed Other Public Works Encineerinc Services:
Attach the hourly rates for the various classifications that would be billed to the City under this category.
H. NPDES Stormwater Compliance Consultant Services
Attach the hourly rates for the various classifications that would be billed to the City under this category.
42
ATTACHMENT "B"
ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT
43
ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT
I, the undersigned, certify that I, [insert name] am the [insert title] of [insert firm
name], the party making the proposal for award of an agreement for ENGINEERING SERVICES ("Proposer") and, on behalf of the Proposer, hereby:
Accept City's Standard Form of Agreement — check one box. ❑ As is, without qualifications or modifications.
❑ As modified by attachment. [Proposer to provide]
I certify that I am authorized to sign this Consent Form on behalf of the Proposer.
Executed this day of , 2023 at , California.
Signature of Officer Printed/Typed Name of Officer
Title of Officer
44
ATTACHMENT "C"
SAMPLE PROFESSIONAL SERVICES AGREEMENT
45
EXHIBIT "B"
CONSULTANT PROPOSAL
22
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unipkip& Engineering Services
Submitted by:
Sid Mousawl, IMSCE, PE, Senior Principal:
Infrastructure Engineers, a Bowman company
3060 Saturn Street, Suite 2.50
Brea, CA 9.2.821
714,940,471010 srnousavi@infengccorn I bowmam,com
November 9, 202.3
Submitted to:
Bernardo In lgeaez, Director of Public Works / Facilities City of Bell! Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
INMAST RI.da~TURE
ENGINEERS
a Bovvrevan company
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Table , f Contents
'TAB .# SECTK)N
'N Transmittal Letter
2 Methodology
3 Man- gement and Staffing
4 Qualifications, Related Experience nd References
5 Cost and Pricing
6 Additions or Exceptions
7 Pending Litigation
8 insurance
9 Appendix
PAGE •#
2 4
26 9.3
95 100
101
102
103
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Pa • e 395 of 642
OArF'1RASTir7Ur rurL'Z
ENGINEERS
rkmarra►ra company
November 9, 2023
Illern,a!rdo I n iguez
([Director of Public Works /!Fac.'ilitiies
City of Bell Gardens
83.27 Garfield Avenue
Bell Gardens, CA 90201
t micipal Engineering :services
Dear Mir. Inigea:e,?'::
ht has been a ;privilege for Infrastructure (Engineers to provide engin.eer[!ng servic.es'kw the City of Dell! Gardens, We are thankful for the opportunity to present ,our qualifications to continue serving the city and the com!n'runity of F3eVV Gardens, The city has accomplished much in the past two decades„ including numerous .street improvement y:rrcajects, Safi Route to School Programs, park facilities, traffic signal projects and the Bicycle Casino renovation and hotel improvements;project... On behalf of the city':,, infrastructure Engineers l.lE), (Bowman cornpany ih:r3s obtained several streets and transportation grants, park and recreation facilities funds,, active transportation program grants, water improvements grants and various highway safety grants to further enhance the safety and quality of (life for the residents and businesses of Bell Gardens.
IE is currently engaged in several irrrportant projects for the city and we woulld be honored to continue our partnership with your staff and the community in the coming years., Some of these projects include:
1, Various Alleys improvements Project - CIP 3930, 7, ATP Cyrie , C it:yvvide :Complete Street Phase I.
2.. Florence Avenue & EaastF rn Avenue improvements. !ra'. Wa. ter Resources Development Act of 2022.. $. Garfield Avenue & Eastern Avenue improvements,. 9. GWrMA Recycled Water Project.
4., Fiorenoe A. -venue &.Jaboneriaa.f Ira Improvements,. Irk Well Nc..1., State:. Planning Grant, Amendment No,. 2. 5,. Eastern .Avenue Improvements, 1'1. l/Ve•11' No, 3C13F Abandonment.
Cara Avenue Corridor improvements,.
We have expanded our staffing and resources to address the !needs of the City of Bell Gardens for current and future projects., 'We have added !highly experienced city engln.eers, city' pIIarhrners,, architects, inspectors, technicians, construction managers as varelll as support staff to meet and exceed the demand for additional services.. We have established a reputation for Meeting the expectations of the city by employing experienced staff members who not or!ly understand e°nd inerdng, but also nave a solid foundation( in the inner workings of tlh.e city ,and the Public.Works responsibilities, More than 90%. of our staff, as writ of their professional development, have worked for city governments ,as employees. As a result, our company is known for providing responsive service and quality recommendations and solutions to a wide range of design and construction projects., in addition to if!u lifnlliing the city's staff augmentation needs. 'We believe that. successful projects are the !result of a 'vellt••rraanaged and motivated team, committed to being accountable ,and sharing ownership in the product or service that: they provide.
3060 S.atum Street, Suite 250,, [area, CiArforniia 92821 7V4940.,0101
7rt'frasnY'ui'tF, re-rs11:, i neers,.e",om bewman.c.em
Our employees assigned to the City of Dell Gardens have worked together and with the city staff for several years and have developed cohesive relationships that will ultimately improve efficiency and make the work environment a pleasant pace to conduct business, We are eager to aggressivefy respond to the wide-ranging services that the city requires. We. (believe that our team has the qualifications and the experience that is necessary to support the city with all of their municipal engineering services based on the following reasons:
(proven and Experienced Team -The proposed IIE team members exhibit the interpersonal :skills, level of integrity thoroughness, proactive approach and technical competence required by the city, Our staff has the proven ability to mullt'1-task and to work with the minimal supervision that is required to meet the city's current staffing and 'project rneeds.The team has diverse experience in a variety of roadway improvements, water sy stems, seweir rehabilitations, storm drain improvements, site work, grading, traffic Impro'vements and facility design and constru.uction. projects.
'Proven Track Record - IlE staff exclusively service state and local agencies and have an extensive history of successfully providing a wide range of services. Our experience muninniizes training time and results in cost savings for the city. Additionally, our tearn has extensive experiences providing professional services for municipal agencies and we encourage the city to contact our referexncies arid confirm our seucc:essfu l track !record.
Understanding City's Financial Deeds We understand the city is often faced with: budget constraints. tE: has a history of successfully delivering projects with very limited budgets.We are committed: to working with the city aind the rates provided herein are the generally accepted average within the industry.
Cost. (Effective. Approach - Due to our experience with many complex public improvement and CIIIP projects, we bring fresh, new ideas to solve many of the challenges facing new developments in the most efficient and cost-effective way possible. Each project, by its nature, its different from all others and it has its own unique challenges and solutions.
We believe that the qualifications of our staff; in.combi natiion with our competitive crates and our dedicated interest in the City of Bell Gardens, makes 1E exceptionally qualified to provide the city with professional engineering services. By selecting Ili, the city will benefit from the experience of former City Engineers and a dedicated team with varied and extensive mnuroieipal experience and the ability to support all 'projects the city runny undertake. We look forward to continuing our working relationship with the city and providing our professional services to heap you meet the city`s goals and objectives.
We are excited and grateful for the opportunity to continue providing Municipal Enugirnee.rirog Services to the City of Bell Gardens. We thank you for giving VE the opportunity to be of service to the city and for the chance to once again partner with the city to be part of this great city's legacy air'rd to make a difference in your community: lE has rro financiall, 'business, or other relationship with the city that may have an impact upon the outcome of this Agreement, iirr particular compliance with Government Code section 10901.
As an officer of the firm, I a authorized to bind VE to all commitments made in this proposal and execute agreements. We have read and wviilll comply witch all terms and conditions of the KR If you have any questions regarding this proposal', pllease do not hesitate to contact me at 714.940,0100 or by email at smousavi@infengr. cam,.
Sincerely,
•
yid Mousaavi, M SCE PE
Senior Principal
<'' ENGINEERS
INFRASTRUCTURE
infrastructure-engineers.com bowman.com
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Methodology
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UNDERSTANDING THE CITY'S NEEDS
The City of E3e11 Gardens needs .a full -service engineering firm w th the capabilities and resources to manage all the engineering and construction support needs of the t:ity:The city requires the services 'de City IEr giilneer; Traffic Engineer., eater Engineer, Public Works Permit and Inspection staff, Planning, and Community Development Engineer. Other needed services include assistance. with the city's National Pollutant Discharge Elimination System (NPDES) compliance and coordination as welly as other engineering and administrative services, .such as project administration, grant administration and contract administration.
The City Engineer will be the lead .staff and MI bring other 'expertise to the programs and projects at pre-.sclhedullrced intervals or as needed by the city:. Responsibilities also include, but are root limited to, oversight of traffic and transportation engineering support, water engineering, INJ.PDE5 programming and management., (plain review and plan check services, construction management and inspection, civil design},,. structural improvements, mechanical, electrical desiigrn, land surveying, mapping, geotechn[call engineering, investigations and reporting, engineering assessments, grant writing and funding corpfia.nce. We understand the city does not necessarily need atlli of these services all( at once., or on a daiify basis, but, they need to be avaiiablle promptly, when needed.
The city requires a City Engineer committed to the city at least four (4) hours per week to respond to inquiries firorn city departments, outside agencies, contractors,. utillity companies, and the general public. The City Engineer may also be required to attend: City Council meetings and Department Heads staff meeting every nvonth. Vithen: requested„ the City Engineer or the traffic engineer rnul:5tattend Traffic Commission meetings, Pllanning'Commissioln meetings or any other public meetings that may require engineering supported exp.ertise..At the same time, the City Engineer and engineering team must be availlablle during city hours to communicate and respond to (phone callls and emaiis on engineering matters related in the City of Bell Gardens.
The city :needs an engineering company with a wide range of resources and expertise to handle the varied and complex capital improvement projects and programs.,The engineering team must be familiar with Green Streets designs. and ComOde Streets concepts, The engineering design teams Irnnust complete projects and prepare plans and specifrcatlons in accordance with general engineering practices and in compliance with funding source requirements. The engineering design .and construction management team will also oversee bidding 'processes and contract award's t Understanding the city's: budgeting process„ procedures and practices is vital. (Experience in managing various funding sources for the city's projects is essential, and demonstrated capability and resources to apply for grants as well as comply with funding sources' requirements is necessary. Understanding off the NPDES permitting requirements, compliance and promotion of the concept and requirements of the clean water: act is also a high priority for the city.
Ultimately, the city needs a firm that can engage and (manage the (members of its organization as extensions of the city staff, The City Engineeralnd engineering team members must gain the respect and confidence of city staff in their ability to carry on. this important responsibility for the next five years, without any iin:teruptiions to the city's operations, Based upon tlhe c.Iity°s request for proposals (REP) and our understanding and knowledge of the city, we offer a team that its 'exceptionally qualified to provide professional engineering services for the following reasorns, We have provided these very services to the city for tlhe (past 18 years and we have a deep understanding of the city .and: its needs,.
We specialize in providing services to municipalities; we can streamline complex projects, enabling us to meet expedited project schedulles.
infrastructure Engineers,. a Bowman company II Municipal Engineering Services [ November 4
Met:
odo ogy ( . nt.'
We are intimately familiar with the City of IEt.dI G.ardeins, its. staff and the'c.omrhiriunityr, which will .save the city valuable time by ei:imiinratiinq any potential learning curve..
• Ml of our team members mbers have extensive experience in :all facets of municipal engineering including city engineering,. traffic engineering, water engineering, and construction management support services. ▪ For many clients, including the:f:iity of Bell Gardens„ we take. projects from inception through completion an•d„ therefore, we am familiar with all phases and aspects of all different types of public works Improvement projects. • 'Die individuals assigned to the city are supported by our entire :strap of profe.ssionals and support personnel thereby ensuring that our staff and services are responsive to the city's. needs,. during the 'entire trine and 'duration of the oontraac:t:.
For the past 1:8 years;, we have been successful in applying for a:nd receiving grant. funding for various public works projects and our teams :is very familiar with grant writing and funvds:adrninistrr,ation of public works projects.
We are 'currently engaged in several major improvement projects for the city. In most cases, we have assisted. the city to obtain. the grant funding and therefore we am the most familiar with their irn3p:lennentati:on.
WORK PLAN
Ow qualified team includes experienced engineers, project managers, inspectors, plan ,iteckers and .support staff that will be available to provide services to the City c,f Bell Gardens. in .aidditiioir,, we will provide support staff as needed to support engineering and administrative functions. Although the staf€. members committed to the City of BO Gardens are :assigned a certain: number of hours, staff rare .available for additional hours to get the job done.The he proposed hours for staff members are a guideline. for performing the s'r rv:ic'es and additional support staff can be assigned to the city/y as needed. hh providing services to the City of Belk Garden tr've propose to provide:
City Engineer for 4 hours per week.
• Capitall Improvement Projects (CIE') Iriarnagernencfor 6 hours per week. 11 hoq.1
Infrastructure Engineers, a Bowman company Municipal Engineering Services I November 9,, 2(1.7.3 5
Meth Id y (co t.)
City Traffic Engineer for 2 hours per weelk.
• Water Engineer for 2 hours per week.
▪ Development Engineer for 2 hours per week.
• Engineering Permit Technician for6 hours per week.
• NPDES support as needed.
• Grant writing, publliic outreach and fund administration on airias-needed basis..
Our detailed work plan for the functions these staff members win perform for the unity are listed below.
City Retaalnee Services
Retainer support services provided to the city include City Engineer, Deputy City Engineer, Development Engineer, Pulbtic tiltorks Permit and knspectior,'Tirafc Engineer and Water Engineer, In addition., hIPDIEES compliance and se.rvici s will be provided," as needed .and as directed by the city. Our assigned City Engineer in collaboration with other dedicated IL staff and our sr.ulbconsulltants willl be available to t:alk.e projects through all phases from preliminary engineering Ito design, construction and project close out, Services provided to the t::ityr of Reit Gardens will include City !Engineer
The current contract City Engineer or Deputy City Engineer ,are on -site approximately four hours per week. The City Engineer may spend an additional six to eight hours per week to manage the city's Capital improvement Pirojects. All of these hour's will be included in the morathlly retainer rate. The following are sortie of the key functions to be performed by tihe City Engineer routinely:
The City Engineer and all assigned support staff will attend meetings with the City Council,, Planning Commission, city staff, public officials, community leaders, developers, contractors and the gerrrneral public:, when directed by the Director of'Public Works or the City Administration, on an .ay -needed basis. • The City Engineer will analyze the city's short and long-term needs, taking into consideration the project budget and the delivery schedules. 'The City Engineer will recommend and adrmninisterr short- and long -'term programs to meet the city's needs, based on a comprehensive analysis of the budgets, schedules, and the priorities on a daily basis. 'tfi:eCity Engineer will prepare and present a weekly status report on all engineering activities to the Director of f'ulbtic Works, These reports provide a snapshot of t:he project status, (budget, schedules, issues, and actions by various parties involved with the project.
The City Engineer rwilli review arid connivent on planning related projects, such as conditional use permits, site plan, sub- division maps, including parcel maps, tract rnaa:ps,, lot line adjustments,. easements, dedications and other subdivision map approvals:.
The City Engineer willl provide corn.sulltJatiorn and recommendations on various engineering issues including traffic congestion, street signs,. NIPDE.S requirements and water systems and services..
The City Engineer will provide consultation and recommendations to Bell Gardens with its participation in the t -7l O E iS J FOR project.
▪ The City Engineer will respond to time public on questions and complaints related to ongoing traffic issues, construction projects., and other engineering questions and issues and provides recommendations and solutions. l'he City IE.ngIneer willl advise the city regarding engineering, construction financing and grant and grant funding opportunities avaai:llabl:w from governmental agencies and conducts research, writes and submits all related documentation in support ofcgrants on a regular basis,
Infrastructure Engineers, a !Bowman company Municipal Engineering Services l November 9, 202,3 6
Method
logy (cont.)
The City Engineer'Jvili rnake recommendations regarding land development projects by ensuring that all improvements and condition of approvals have been incorporated and are followed from project: iinception, through ough entitlement, construction and completion.::
The City Engineer will establish and rnauntain effective 'working relationships with the city staff, utility companies and other agencies on a regular basis to make sure. that all public works` related tasks and requirements are being implemented.
The City Engineer will also establish a quartet/ Utility Coordination meeting with ail major utility agencies condu:cti rig maintenance work in the city., These co-ordination rrru'i tirigs uvr4l be critical to protect the citys pavement rehabilitation program by coordinating work by utility companies. to be performed in conformance with the city's pavement moratoriums .and to prevent ciam::age to the city infrastructure,
The City Engineer will meet with city .staff to review the Capital Improvement Plan to assist with development of tia strategy for project deliveries based on the city's needs,: budgets .and objectives, On an on -going basis, the City Engineer will review and establish the project scope, ;sch.edulas, cost estimates rand assist. with development of the project plans„ :specifications and cost: estimates ti.P'S&E1.. The City Engineer't'ill maintain a plan review comment matrix and a correction log to keep track of the progress on all capital projects.. lE's internal quality. control and quality' assurance process .Includes red -team's. -final review in addition to utilization: of a comprehensive checklist prier to making recommendation for approval of the final N514E to the Director of Public 'Works. The red -team review :staff consist of experienced engineers„ who (bring iriarry years of construction experience and expertise.„ who will conduct a construct.ibilit.y review of all projects, prior to issuance of notice inviting bids.
As part of our quality check, the City Engineer conducts a field inspection iio investigate every capital project,. to determine any adverse condition during the design pha:se.These field verifications are critical to ensure that items which rnay have been missed or not identified, such as right-of-way con€hicts„ field conditions, utility conflicts,. and other poter:tial issues, which may neg:,al:i:velyiimpact. the project..
The City Engineer wilt review and oversee related funding documentations in addition to management on pr iparation of rrrrrrriiir,
Infrastructure Engineers, a Bowman company I Municipal Engineering Services I November 5',,20 3 7
Meth Idioi gy (c
the PS&E packages continuously, from the planning„ through design and constriuctiion, Mie City Engineer will manage the coordination of the design package with outside agencies, including those responsible for handling they ,grant funding.. ,,, The City Engineer and their assigned staff will address the city's audits in: addition tarn attendiing meetings with various grant funding agencies to address their concerns and to provide documentation in response to their inquiries, ,. The City Engineer and assigned support staff will assist with other engineering tasks as assigned by the Director of Public Works..
Traffic IEngi:ncer
Currently, IE its providing City Traffic Engineering semvocestwo to three hours per week, ased upon the city"s need and the project work Iload., we recommend maintaining the ,current hours and: schedule to be Incllu'ded in the monthly retainer fee, our staff will provide full -service traiiiic engineering services to the City of Bell Gardens, per the current service intervals, however„ we are committed arid ready to expand Our services, to meet the demand and woirklload:Thne services offered urtir!ill include but are not limited to the following tasks:
• -The City Traffic Engineer, iineeir, wiilld advise and assist all city departments, traffic commissions, various traffic related committees and the City Council on: alII traffic -related issues. IIE will provide detailed traffic safety reports and will interface with regional and state transportation agencies for compliance and various grants funding documentation.
w our team will provide advice and traffic engineering supiport to the Director of Public Works,. including the preparation of engineering reports, in response to rearrests for traffic signal installatiorns,. traffic signal modifications, new strap signs, new crosswalks, traffic chaunnrelixixt.iion and speed zones. 1, The City (Engineer, working with the City Traffic Engineer; will provide consultation and recommendations to the City of Belli Gardens with iits participation in the l -no EIS! EiR project, n our tears will research and 'prepare grarm't. applications ([.e.,. HSllfs OTS and ATP) for traffic safety studies and improvements, • We willll identify, review and prepare recommendations for safety and corrective measures at locations, where there have been higher than normal ve.hiciular accidents arid traffic violations are anticipated. • The City Engineer, with the City Traffic Engineer, MI compile and submit technical reports on traffic engineering -related activities.
u We will provide ainallysis and comments on the traffic impacts rellated to the proposed new development projects. E will ;also conduct field investigations to determine any adverse traffic impacts related to new develaylprunents. IE will also review and recommend additions of bike lair' s and multi irnodall transportation concepts to be implemented as part of new developments throughout the city,
• e will identify, review and develop recommendations and mitigation measures for locations with high rates of traffic accidents.
u The Traffic: Engineer will attend Traffic Commission and City Council meetings, for conducting various presentations on traffic related studies and to provide recommendations,. for enhancing the traffic flow and safety in the city on an as - needed IEn.asis.
u The team will provide advice to the city staff on the mainteinance airtd operation of the city's traffic si,girnals,, prepare traffic Infrastructure Engineers.,. a Bowman company ] Municipal Engineering Services I November 9,.20x23
Method r r (cont.)
signal timing plans and prepare traffic signal construction plans and specifications.
We will coordinate with other departments on traffic and parking related issues. IIE has conducted many parking : studies, to allow on --street parking,. by anallyzing the off street parking by residents. LE will continue to conduct: these studies to ease overflow parking throughout the city,
Wen will review, anallyze and respond to traffic related complaints and inquiries from the public and support the city with claims and legal issues when required.
Water Engineer
The city owns one-third of the water system in the City of Bell Gardens and has a contract with an outside provider for operations and maintenance. lE has assigned a highly experienced water engineer who has many years of water system design and naanaage.mernt„ Our assigned engineer, Charlie Marr WO Support the city's municipal water with the folli'ows;rirnq services:
Continue working i5nd supporting the city with the ongoing projects; Water Resources Development Act of 22.02;2; GW.MA r4ecycliedVilater Project Well No. 1, State Planning Grant Amendment No...2 and: #1; \Ai'elif IND. 3C / 3F Destrn.uartic>n, Water OP Funds - Miscellaneous Reports Well No. 'l Storm Water Discharge Permit:.
Attend meetings regarding the city's water quality and management systems.
Review waiter. policy issues and Iproviide recommendations to ensure these p:oliicies are aSigned with the city's long-term goals ,and objectives .for water safety, quality and ec.onomtt�;..
Assess the impact of any proposed new development of n the city's water system.. IIE:: will review the proposed water usage by new -development -to identify any system upgrading that might be needed. EE -will work with the developers to ensure that any deficiencies or upgrades that are needed to support .new developments are designed and constructed in accordance with the city's -current and future system capabilities.
Prepare water studies and water master plan. IE will constantly review and monitor the city's, water system demands and constraints to identify any upgrades that may be needed to rrnai:r:atairi the water capacity and safety for residents and Ibu.sinnesses through the city. Water systern rrraste.r plain will be conducted to identify capital projects for maintaining the water systems over the next 5-7 year's,
Provide techrnic:al advice to the (Director of Public Works and city staff in connection with the maintenance and operation of the city's water system.
Assist the city in a variety of water related studies including valuation of the system or the need for rate adjustments, Additional duties will be performed as needed and directed by the city, Public Works Permit and inspection
The assigned PermitTechn:tcian will: handle public lvori s permits and other erngirneerinr-reirxteci matters, including receipt arid processing of public Works permit applications .and construction observation of permit: work Within the public right -.o,f- way.
VIE will provide a qualified Public Works. Permit Technician who will also provide inspection in: support of all activities, related to the city's: encroachme.rat permits. Currently, lE :,toff provides staffing .services fora total of four" (4) hours per day, three (3) to four (4') days per week... Our proposed: staffing service, will include a permit technician who will work aat the counter for up to four (4) hours per day to assist app•liccants, answer phone e calls related to permitting and'wii1 spend four (hours of clay conducting inspection for the work performed by coratractoirvs and utility agencies.. We believe that this model serves the best interests of the city, sinc:ea. our permit technician will continuously be involved with all related permitting activities. GE's permit technician will collect ii)11 necessary documents„ including„ insurance certifications; contractor's Ilicense s,. city's business licenses, Traffic Control Plans, and Bonds„ if rneccas,:sary. Contractors will be required to follow Cali OSHA's safety guidelines, Infrastructure Engineers,. a Bowman company j Municipal Engineering Services I November 9;, 2023 9
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attend a pre -construction meeting, and follow the permit requirements for traffic safety and roadway restorations. OE will monitor the work of the contractor from issuance of the permit to inspection of all work and: closing out the permits, to ensure full compliance with: the requirements csf the permit.
The assigned Permit Technician will be available to [provide administrative support, as needed, to maintain permit files, and provide other assistance to the City Engineer, including assisting the City Engineer with coordination of all construction activities in the city,
The PennutTechniciian will compile and submit. a weekly progress report to the Director of Public Works, detailli:ng all permit and inspection activities. iE will retain and update a tog for all permitting activities, and will: provide the city with a full report,. on all fees collected by the city, on a monthly basis. OE will also conduct a Public Work% permitting fee study, in case this service is needed by the city.
Planning and Developmer"nt. Engineer
The City Engineer will be available to assist the Community Development Department the following tasks:
• The City Engineer will attend meetings of the Planning and Community Development Divisions, meet winch city staff public olicial% cortnnurnity leaders., developers, contractors and the general pubic, to provide technical inpuurt when: requested, • Staff will provide subdivision map reviews, and perform engineering related plan checking for the new residential development projects.
• The City Engineer will review and comment on. planning programs and private land development projects. ▪ 'The City Engineer will provide engineering consultation in connection with the Planning and Development Divisions. • Engineering staff will prepare sttuidies,• plans and specifications for development projects. • Staff will review tentative tract and parcel[ nn:ap.s, site plans and other submittals and clheckc. improvement plans for facilities being proposed by the private devellope.rs.:,
infrastructure Engineers,. a Bowman company I Municipal Engineering Services 0 November 9 ?023
Methdology (cori a )
The City Engineer will establish performance, labor and material bond amounts. and development fees for all new developments,
▪ Construction management staff rnay also provide field inspection during construction.
Enginii.tering Consultant Services for Puabl'i:cViVOrks Projects lE will provide full engiinee.rin9 de:si: :rn services in support of public works Capital Improvement t .Projects (CIP). Under the direction and supervision of the Director of Public Works irvrf the City Engineer, our dedicated design team will take a pra.ctive approach for every (project that we undertti-tke.
The following siuuanrr,4aruzes: our approach to the design and engineering work on every CIIP project
• Conduct 'project kick-off meetings with Public Works
personnel and will assist the Director of Public Works in reviewing the project. Specific design criteria addressed during the meeting will include pavement :I ffe.s.p.an, :street crown, preferred r:efaabilita:tion strategies,. cost Ill nmituation5 Land„ most importantly, potential cost savings that can be addressed in the design,
Develop ;a master schedule for all phases of the assigned program and all capital projects contained in the program, including clear identification of milestones for all facets of work.
As part of In. internal project procedures,. all proyect.staff participates in monthly project ct status meetings with firm prirmcipals.The meetings serve as an additional control to ensure all projects rnove forward on, of ahead, of schediule, ar'id resources are allocated as needed. Furthermore., the meetings allow o••ur staff to be continually Ylly aware of project status, schedule and milestones.
Maintain communication with the Director of Public Works, in.clrudirag monthly written status. reports and project status naFzt:,tii cj s„ as needed, In addition to r'eviews.at:3'5%, 6a.5%„ 95% and lOC% levels of completion, Although monthly reports will be provided, lE will proactively keep the Public Works Director informed of any new developments, issues or factors involved ira the project and alternatives to solve alniy unforeseen items, • in addition to communication, VE staff will prepare ;agendas of special items' that warrant discussion at project status meetings" and prepare and t istribute minutes with action items to involved parties.
Convene an initial meeting with key design team members and City Public Works s aff in order to review and confirm the detailed project scope,. SC.hE dUle. milestones, construction objectives, and other pertrne.nt project details. During this meeting,. design: criteria and parameters will be discussed., established for each of the various. elements, and incorporated into the project..
Useful records pertaining to the proposed work may exist, Rich as existing improvement i:rl.ans,. rn:rmpas,.,;as-built drawings„ utility plaits, reports,. studies, and other pertinent information within the projects" limits. Ad itionaily, there may be proposed improvements that will affect the design of the project. The design, team will review these existing records and incorporate them into the design program as appropriate. The city, county and cutitlty companies untilbe contacted and any information obtained trvulll be used as a part of the base map. • Perform land surveys for the project..
Perform a site investigation to evaluate the existing condition of items pertaining to the design. I)urinq this investigation:, Infrastructure Engineers, a Bowman company
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locations, of damaged or distressed d features will be inspected, confirmed and summarized, if required. Americans with Disabilities Act (A DA) accessibility compliance will be reviewed and non -compliant features rooted. Existing drainage patterns Wily be reviewed for street projects so that any changes to eliminate poncfirog can be identified. n Conduct fieldwork to verify tIIe locations of surface utility features within the project. limits., During the field investigation, validate the locations of other special features and items. such as traffic signal loops. In conjunction with Information researches, notif'affected utility companies of the iirnpendirog project, Surface features requiring adjustment will be identified and properly coordinated with the corresponding company.. • If the proposed improvements interfere with existing utilities, we' will arrange to have potholes taken by the uatillity company. Of the utility company has prior rights, we will negotiate with .a contractor to pothole the area fora fee as part of extra services. We wiilV provide the city with copies. of aii correspondence with the utility companies compiled in a book report at the .su.ubrnitta.V of 95% plan completion, to ensure due diligence and follow-through with the utility companies, • VE MI review available existing pavement analysis reports. Based on review of the reports, we will recommend to the city Ifan additional, supplemental or completely roew report of pavement analysis of the subject streets will be needed. Our subconscoltanit geote~chniicaJ engineer will conduct a pavement condition survey of the existing roadway condition, If desired, non-destructive deflection testing will be conducted along streets using the IDyruatest Falling Weight Defiectam'eteir to evaluate the structural capacity of the existing pavement. • A base map will be prepared and used for the preparation of the construction drawings. This will show existing features necessary to depict the intended work within the street As -built plans, field measurements and field survey work will be used for the compilation,Tlhe field survey work will be limited to those 'terms and areas :necessary for the proposed design.
This Includes obtaining adequate topography and cross sections in arias of street widening, as necessary, for propertiie-:ins and street cross-falil. This approach is anticipated to ipiresent a cost savings to the city while maintaining intent and quality of work.
Infrastructure Engineers,. a Bowman company
Municipal Engineering Services November 9, 2023
12
Meth d logy (cone.)
• Prepare plans to city standards utilizing base mapping and improvement concept, Appropriate city. A.PWA or
Caltlaans standards will be utilized and additional detailing ling
will be included, as necessary, for adequate bidding and construction purposes,.
Prepare a comprehensive set of technical specifications. �tlll bid items required by the plans or: otherwise needed to accomplish project construction will be thoroughly described in the general provisions and included in the contractor's bid list.
tt Prepare as construction oast estimate k r verification of project budget and assistance during the contractors
bidding process. Measurement of units will be contained in the specifications with additional deal for lump sum items, - as necessary. Unit prices vv'ill be derived from current bid information on sh-n'ilar work within the area.
E wilt prepare PS&E submittal package for city's review at certain milestones, depending the scope of work for each project.
These milestones are usually a 35%, 65%,. 95% and '1100%, A final set of signed M.yEar'plan.s, along with specifications ,and estimates, will be submitted to the city 'for bidding purposes...
Upon completion: of PS&E:.,. IIE will coordinate with the -City Clerk Offices to present: to City Council for approval. Ail council meeting agendas rnrill be coordinated through the Public '','Vorks Director, ▪ In addition to the initial Project Definition and Program Development Meeting, continuous coordination and updates will be required between the design team and the Director of PuPik Works. Progress reports will be provided .at appropriate intervals and,. as necessary, t:o document project status..Eu+4ee}tire E;s are generally anticipated after significant .submittal milestones arnd when required to address specific design and coordination issues, lr, addition, the Director of Public Works wrlli be continuously informed of Iwoirk status aancl issues through email, phone and facsimile ci rrnmuirlic:atuons.. 1E will prepare, as -built plans based on the red mark-up plans provided by the contractor rt: the end of project. construction and submit to the city for their retention and filing,
Construction Management and Inspection Services
Based on our c.:olliect.ive experience haa.viraq managed hundreds of various CIP projects for municipalities throughout. Southern California, we poses the knowledge and the expertise to build safeguards in every project that we design and take into construction. In addition, we are intimately aligned with the city's needs. for various improvements that are needed for every type of CIP project that the city plans to build,either now, or in the future.
Our construction management starts with wroductinlq a full review of the plans and specifications and the cost estimates land budget, during the 60% design phaas.e . \Ne will incorporates many of the lessons learned to ensure the plan:ns. and specifications are 'without any discrepancies or red uirldanci:e.s. A second corostructibility review will be conducted on the 1009,6 plazas, to ensure that all comments and back. -checks have been incorporated (before, the project goes out to bid. lE will prepare the bid pac:kaa'y.e and supervise the bid procedures to conform with all the• State and 'Federal guidelines, for i`uanding and labor compliance requ irerrwents. There are several key elements when reviewing the hid packages. Ou:r goal has aaivvaays been to Infrastructure Engineers, a Bowman company I Municipal Engineering Services November :4,?2023 1,3
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make the plans and specifications and all the attachments dear to understand and to remove any discrepancies that might exist iin the documents prior to bidding. As part of our red -team review, we will male sure that the review is conducted to ensure that all derails are correctly cross-referenced and are clear to read and understand. Other constructibility items Include identification of long -lead components on the project, ROW issues, utilityverificatiorrs, verification of unit prices and quantities. Having in-house design capabilities provides us with access to these services.
The foVllowirig is a description of major activities in managing every con'str'uction project:
1. Construction Management and Resident Engineering / Administration Ma.soud Selp,ahi will be our main point of contact for construction management support and staffing services. Masud bangs many years of experience serving the IpubVic in a variety of leadership 'positions. He understands the needs of the City of E3eVl Gardens for managing various CIF project's currently In construction or in the design phase. Masoud will Ibe complemented by rather construction manager's and resident engineers, who have managed many of the city's capital improvement projects., IE will be working proactively with the design team to finalize the plans and to carry the projects into the next phase for bidding and awarding construction contracts.
2. Bid Analysis
After bids are received,. IE in collaboration with .Avant -Garde will review and evaluates bids for accuracy and responsiveness, based on the directions given in the Iristri;rc.tion.to Bidders.This review willl include checking the entire bid for accuracy, to ensure that ail forms have been signed and proper bid -brands are included,, there are no math errors, alll the forrns have been completed,, sub -contractors have been listed with each 'percent share of the work identified„ references have been listed and to make sure that alll the license and credentials have been in.clwded.The next check will be to call each reference to determine if there are any ISSUES that will have to be investigated with each bidder. Licenses wiVll also be checked to make sure that they are active for performing each trade, once the initial investigation has been completed and potential discrepancies or issues have been identified, IE wiU 'prepare a report, listing all the bidders re.ceived and all unit prices for each bid received for the city's review.Thks report will also Include IE"s recommendations for awarding a contract to the lowest responsive bidder, lE will also investigate and prepare response -to each bid protest, by first notifying and then consulting with the city.
In some unique cases, the City Attorney may be included to review the bid protest. Under the direction off the Pu.r:biic Works Director, dE"r., construction manager will assiist with preparation of the agenda report for getting approval from the City Council to award a 'contract to the lowest responsive and responsible bidder.
3. Staff Reports
Preparation of staff reports, and executive reports fs an important part of construction management on every project. As the City Engineer for the City of Placentia and Director of Construction management for theLos Angeles Metro, Masoud was responsible for the preparation of numerous staff/ agenda reports on a variety of projects. In preparation of these report:,, MWlasoud will be utilizing the city's format for each type of report and actions that are needed for ,approval by the City Couuncil. These reports may Ibe D complemented by presentations to be provided sunder the city's direction,.
4. General Construction Administration
Our approach to rnanagfng each 'project will be to collaborate arid coordinate our activities with t.Ihe citys staff and the Director 14
Infrastructure Engineers, a Bowman cor"npany I Municipal nicipal iEngineerinq Services I November 9,2023
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of (Public Worlss in providing as -needed engineering services and .at the sarn•e time, introduce many of the lessons Iearned fro our past projects.. Prior to start of any construction 'project and / or activity,. IE will meet with the city staff to formulate a work, plan and a resource allocation naaat:rix fair each individual project to build a robust. team to administer and manage construction contracts, in accordance with the city's needs and budget IE brill :also establlish the individual needs of the project for other necessary services, such as field survey„ qec technical investigations„ IT iter:ials testing,. SWPIP'F NP DES !Permitting and monitoring„ erivrronimenital investigations. and testing, deputy inspections and other specialty items as required.:
5. Filing Systems
in collaboration with the dty, IE wilt set up an electronic filing ssyst m: fior managing ati of the future construct projects..
Thies system will allow tt'i VE team and the city to have access to ail construction i:yocu vents in real-time and to better communicate with the contractors and outside e agencies. IE ensure to follow al: grants funding requirements by following the latest guidelines for variouis, programs., through Ca bans' LA:PM, Country's SBEK.i,. Metro, and other outside agencies. IE will establish the procedures and we will monitor contractors compliance vvith the requirements set forth by the IFederal and the "s'tate's (prevailing wage regulations and requirements. IE will prepare and la;roces's all the required documentation on behalf of the city to secure reimbursements from outside funding agencies.
6. Pre -Construction !Meeting
IIE arrange and conduct pre -construction meetings vvitlh the corlit.ractdrs, designer's, inspectors, and other key stakeholders., We will ensure to invite all city personnel the !may be involved with the project, in addition to representatives from. requhatory agencies that may be involved with permitting and grant handing. We 12%6H also :request that subcontractors be present at the pre-co"1str'uction meeting. IE will arrange• for a weekly progress meeting, to review the project status, request for information (WI) log, change orders, project issues:, etc. Our ₹ielrf crew and inspectors will. r' v ew the plans and all the s'ubrnittrll documents and will conduct a pre -construction survey, by inspecting the entire job and. taking photographs before Infrastructure Engineers„ a Bowman company j Municipal (Engineering Services j November 9,.70.2 3 'IS