Veterans Park Restroom Renovation
Exhibit "A" Scope of Services
costs. Due to many variables surrounding bidding and construction conditions, this opinion will not represent a guarantee that bids received, or actual costs of construction will be equal to the opinion.
Exhibit "B" Compensation
C k;$ @` s p r stroorn R.e ti o v a
Task 1: Design Development Services
Subtask 1.01:
Subtask 1.02:
Subtask 1.03:
Subtask 1.04:
Project Kickoff Meeting & Field Investigation
Draft Schematic Plan
50% Design Development
100% Design Development
Task 2: Construction Document Services
Subtask 2.01:
Subtask 2.02:
Subtask 2.03:
Subtask 2.04:
75% Draft Construction Documents
100% Draft Construction Documents
Permit Processing Assistance
Bid -Ready Construction Documents
Task 3: Construction Support Services
Subtask 3.01:
Subtask 3.02:
Subtask 3.03:
Subtask 3.04:
Bidding Support
Construction Administration Support
Construction Observation
Record Drawings
Task 4: Project Coordination Services
Subtask 4.01:
Subtask 4.02:
Subtask 4.03:
Project Coordination & Management
Project Development Team Meetings
QA/QC Review
Total Design Services
Estimated Reimbursable Expenses (see note 3)
Fixed Fee: $ 2,855
Fixed Fee: $ 13,215
Fixed Fee:$ 27,511
Fixed Fee:$ 32,924
Fixed Fee: $ 84,364
Fixed Fee: $ 37,044
Fixed Fee: $ 3,600
Fixed Fee: $ 11,835
Fixed Fee: $ 12,470
Fixed Fee: $ 31,870
Fixed Fee: $ 17,060
Fixed Fee: $ 1.1,345
Fixed Fee: $
Fixed Fee: $
Fixed Fee: $
7,945
5,925
5,175
Fixed Fee: $ 305,138
T&M NTE: $ 2,000
Notes:
1. Fixed Fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced.
2.Not-to-Exceed (NTE) fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced.
3.Reimbursable expenses include such things as document reproduction, plotting services, public meeting materials, cornpany car mileage (current federal rate), lodging, travel, rental car, per diem for survey crew, and overnight delivery. Reimbursable expenses will be billed as incurred at cost plus 10%. ri
c:. finer1 > People
Flan I uis Obispo San I e.anpro I .^,a A -:a Barbara S,a-i I,pan Cap :.trano I San 77..egc I ceattla a C.sl fcrr..A. co • I ecr,=.•d Plant An-,Pi:aet C?C:773 a 70a Pert Camara -in PF 76E97 • Stevpn',°;ehcter, 5 7561 • t=.ffrn? FarhP,-. ! M 7.544
Veterans Park Restroom Renovation
Exhibit "B" Compensation
4.RRM may adjust any individual line -item amount within the total overall budget amount shown, with written approval of the City.
5.RRM reserves the right to adjust hourly rates on an annual basis.
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
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 Third Amendment to Professional Services Agreement with Bowman Infrastructure Engineers Ltd. for Municipal Engineering Services
DATE: March 9, 2026
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Adopt the attached Resolution authorizing the City Manager to execute a Third Amendment with Bowman Infrastructure Engineers Ltd. ("Bowman"); and
2. Appropriate $53,932 from the General Fund into the FY 25/26 Budget to cover the City Water System -related costs.
BACKGROUND/DISCUSSION:
On February 12, 2024, the City entered into a Professional Services Agreement ("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 term of the Agreement is for three years, through March 1, 2027, with an option to extend for up to two additional one-year terms.
On January 27, 2025, the City Council approved a First Amendment to increase the annual compensation to an amount not -to -exceed $2,500,000 to address the growing engineering services needs for the City's capital improvement program.
On July 28, 2025, the City Council approved a Second Amendment for a rate adjustment request, effective July 1, 2025, and annual rate adjustments for the duration of the contract term equal to the percentage change in the CPI for the region or five percent (5%), whichever is greater.
On December 11, 2025, the Public Works Department issued a Request for Proposals (RFP) for the purchase of the City Water System, which currently serves the northerly one-third of the City. The City received interest from four water purveyors. As part of the evaluation process, it is in the City's best interest to obtain an independent appraisal to
determine the fair market value of the system. This valuation will serve as a key reference point when reviewing and comparing the proposals submitted by the interested purveyors.
Staff requested that the City's Engineering Services consultant, Bowman, provide a proposal to conduct a comprehensive appraisal of the City Water System. The total cost for the services, is $53,273. A Third Amendment to the Professional Services Agreement with Bowman is now necessary to increase the not -to -exceed amount for Year Two by $53,273 for a new total no -to -exceed amount of $2,553,273.
CONCLUSION:
Approving the Third Amendment to the Professional Services Agreement with Bowman would initiate the appraisal of the City Water System.
FISCAL IMPACT:
If the recommendation is approved, the not -to -exceed for the Professional Services Agreement Year Two will increase by $53,273, resulting in a total not -to -exceed amount of $2,553,273. A total of $53,273 in General Funds would be appropriated in the FY 25/26 Budget to cover the proposed City Water System -related cost. This amount would be reimbursed by the Water Fund.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A THIRD 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 Bell Gardens ("City") and Bowman Infrastructure Engineers Ltd. ("Bowman") executed and entered into a Professional Services Agreement for municipal engineering services (hereinafter "Master Agreement"); and
WHEREAS, the Master Agreement was later amended by way of a First Amendment and Second Amendment (collectively referred to as "Amendments") which were approved by the City Council; and
WHEREAS, the City now desires to execute a Third Amendment to amend the Master Agreement with Bowman to increase the annual not -to -exceed amount for Year Two by an amount of $53,273 to allow Bowman to conduct a comprehensive appraisal of the City's Water System, resulting in a total annual not -to -exceed amount of $2,553,273 for the current year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a Third Amendment to the Master 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 Third Amendment with Bowman Infrastructure Engineers Ltd. on the City's behalf, along with any other ancillary documents relating thereto, including any other documents consistent with and necessary to implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. The City Clerk shall attest and certify to the 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 the following page]
Resolution No. 2026-28
PASSED, APPROVED, and ADOPTED this 9th day of March, 2026.
THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Resolution No. 2026-28
I, Daisy Gomez, 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 Monday, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
3 of 3
2026
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Ongoing As -Needed Municipal Engineering Services) (Parties: Bowman Infrastructure Engineers Ltd. and City of Bell Gardens) THIS THIRD AMENDMENT (hereinafter, "Third Amendment") to that certain agreement entitled "Professional Services Agreement" and dated February 12, 2024 (hereinafter, the "Master Agreement"), is hereby made and entered into this day of 2026 (hereinafter, "Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and BOWMAN INFRASTRUCTURE ENGINEERS LTD. (hereinafter, "Consultant"). For purposes of this Third 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 Third Amendment is made and entered into with respect to the following facts:
WHEREAS, on February 12, 2024, the Parties executed and entered into the Master Agreement for Consultant to provide ongoing as -needed municipal engineering services; and
WHEREAS, on February 10, 2025, the Master Agreement was amended by way of a first amendment (hereinafter "First Amendment") to authorize an increase to the Not - to -Exceed Sum to allow the City to compensate the Consultant for additional necessary Work; and
WHEREAS, on July 28, 2025, the City Council approved a second amendment (hereinafter, "Second Amendment") for a rate adjustment request, effective July 1, 2025, and annual rate adjustments for the duration of the contract term equal to the percentage change in the CPI for the region or five percent (5%), whichever is greater; and WHEREAS, for the purposes of this Third Amendment, the Master Agreement as amended by the Second Amendment and First Amendment, may be collectively referred to as the "Master Agreement," which is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, City requires additional services so that Consultant can provide an independent appraisal to determine the fair market value of the City Water System; WHEREAS, due to the additional services that are needed, an amendment to the not -to -exceed amount is required for Year Two; and
WHEREAS, the Parties now wish to amend the Master Agreement to increase the Year Two Annual Not -to -Exceed Sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) by FIFTY-THREE THOUSAND TWO HUNDRED SEVENTY- THREE DOLLARS ($52,273) for a new Year Two Annual Not -to -Exceed Sum of TWO
MILLION FIVE HUNDRED FIFTY-THREE THOUSAND TWO HUNDRED SEVENTY -
THREE DOLLARS ($2,553,273).
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 1.2 (SCOPE OF WORK) of the Master Agreement is hereby amended to include those services provided in Consultant's supplemental scope of work entitled "March 5, 2026 Request for Services Bell Gardens Wayer System Appraisal Report" (hereinafter, "March 2026 Supplemental Scope of Work"), which is attached and incorporated hereto as Exhibit "B."
SECTION 2. Section 1.4 (COMPENSATION) of the Master Agreement is hereby amended to increase the Year Two Annual Not -to -Exceed Sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) by FIFTY-THREE THOUSAND TWO HUNDRED SEVENTY-THREE DOLLARS ($52,273) for a new Year Two Annual Not -to - Exceed Sum of TWO MILLION FIVE HUNDRED FIFTY-THREE THOUSAND TWO HUNDRED SEVENTY-THREE DOLLARS ($2,553,273).
SECTION 3. Except as otherwise set forth in this Third Amendment, the Master Agreement along with the First Amendment and Second Amendment, shall remain binding, controlling, and in full force and effect. Section 6.19 of the Master Agreement notwithstanding, this Third Amendment, together with the Master Agreement, Second Amendment and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 4. The provisions of this Third Amendment shall be deemed a part of the Master Agreement, First Amendment and Second Amendment, and except, as otherwise provided under this Third Amendment, the Master Agreement, the First Amendment and Second Amendment, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the provisions of the Master Agreement, the First Amendment and Second Amendment, the provisions of this Third Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, the First Amendment and the Second Amendment, and no further.
(SIGNATURES ON NEXT PAGE)
2
IN WITNESS WHEREOF, the Parties hereto have caused this Third 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:
3 By:
Name:
Title:
Date:
EXHIBIT "A"
MASTER AGREEMENT
4
2025
SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Ongoing As -Needed Municipal Engineering Services) (Consultant: Bowman Infrastructure Engineers Ltd.)
THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Professional Services Agreement" and dated February 12, 2024 (hereinafter, the "Master Agreement"), is hereby made and entered into this day of 41/U..S% , 2025 (hereinafter, "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and BOWMAN INFRASTRUCTURE ENGINEERS LTD. (hereinafter, "CONSULTANT"). For purposes of this Second Amendment, the capitalized term "Parties" shall be a collective reference to both CITY and CONSULTANT. The capitalized term "Party" may refer to either CITY or CONSULTANT, interchangeably as appropriate.
RECITALS
This Second Amendment is made and entered into with respect to the following facts:
WHEREAS, on February 12, 2024, the Parties executed and entered into the Master Agreement for CONSULTANT to provide ongoing as -needed municipal engineering services; and
WHEREAS, on February 10, 2025, the Master Agreement was amended to authorize an increase to the Not -to -Exceed Sum to allow the CITY to compensate the CONSULTANT for additional necessary Work; and
WHEREAS, for the purposes of this Second Amendment, the Master Agreement as amended by the First Amendment, may be collectively referred to as the "Master Agreement," which is attached and incorporated hereto as Exhibit "A"; and, WHEREAS, under the terms of the Master Agreement the CITY agreed to pay CONSULTANT a total not -to -exceed sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000); and,
WHEREAS, on April 1, 2025, CONSULTANT requested a CPI increase to the hourly and retainer rates, which would become effective as of July 1, 2025 (hereinafter "CPI Request Letter"); and
WHEREAS, the CPI Request Letter is attached and incorporated hereto as Exhibit "B"; and
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 in entirety to state as follows:
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 TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) (hereinafter, the "Annual Not -to -Exceed Sum") during the Term of this Agreement, unless such added expenditures are first approved by the City Council. Commencing as of July 1, 2025 and annually on July 1st for the remainder of the Term, the hourly and retainer rates shall be increased by a percentage equal to the greater of the following: (i) the annual percentage increase in the July Consumer Price Index (CPI) for the Los Angeles - Long Beach -Anaheim, CA area for the year immediately preceding; or (ii) five percent (5%). 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.
SECTION 2. Except as otherwise set forth in this Second 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 Second Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this Second 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 Second Amendment and the provisions of the Master Agreement, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
(SIGNATURES ON NEXT PAGE)
2
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF BELL GARDENS
By:
Michael B. O'Kelly, City Manager
Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
Date: August 6, 2025
CONSULTANT:
BOWMAN INFRASTRUCTURE
ENGINEERS LTD.
By: „�a
Name:
Title:
Date:
e.; 4,int AA` i..
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF BELL GARDENS
CONSULTANT:
BOWMAN INFRASTRUCTURE
ENGINEERS LTD.
By:
Michael B. O'Kelly, City Manager
Date: Title:
Date: -,T/
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
Date:
By:
Name: ,� el ' . fi.,% n
EXHIBIT "A"
MASTER AGREEMENT
4
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 27 day of January 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.
1
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]
2
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF BELL GARDENS
Michael B. Kelly, City Manager
Date:
APPROVED AS TO FORM:
KK
By: ,
Stephanie Vasquez, City Attorney
Date: February 6, 2025
CONSULTANT:
BOWMAN INFRASTRUCTURE
ENGINEERS LTD.
By: �.
Name:
Title:
Date:
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: _
EXHIBIT "A"
ASTER AGREE ENT
4
2024
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Ongoing As -Needed Municipal Engineering Services) (Parties Bowman Infrastructure Engineers Ltd. and City of BeII 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 Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
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 CITV'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 descri • - . in that certain Request for Proposals of CITY entitled "Request for Proposal for Municipal Engineering Services" (hereinafter, 'CITY RFP') dated October 10, 2023, and the written proposal of CONSULTANT entitled "City of BeII Gardens Municipal Engin ring Services" (hereinafter, the "CONSULTANT
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 govem 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 x
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 Sun, ) 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 far 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 agr .. 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 REUIREMENTS:
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 fumished 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 CONSULTANTs 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 CONSULTANTs 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 CONSULTANTs duties or obligations under this Agreement without the prior a
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 CONSULTANTs 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 govem the performance of the Work. CONSULTANTs compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority Is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following 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 i +1) 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.
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C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D, Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL I'VSURED 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: AU 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 officials, officers, employees, agents or volunteers will be in excess of CONSULTANTs 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, employ s, 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 e
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, attomeys' 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 CONSULTANTs 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, 9 Page334of797
expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANTs 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 CONSULTANTs 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 CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANTS 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 CONSULTANTS 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 = *•mays' 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& 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 CONSULTANTs 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, are 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 CONSULTANTS failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANTs 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.
413 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 No ") 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 commen« • efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(i) that exceeds seven (7) calendar days from the end of the initial 10 -day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured 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) CONSULTANTs 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) CONSULTANTS 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 "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will 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 inthe 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, Govemment 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 Satum Street
Suite 250
Brea, CA 92821
16 CITY:
City of BeII Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Director of Public
Works/Facilities
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 ane 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.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigatIon be tried exclusively in federal court, venue, without exception, will in the Central District of Califomia located in the City of Los Angeles, California.
17 Page342of797
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.
6.18 INCONSISTENCIES OR ,,.CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control_
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the
fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the 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)
19 Page344of797
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:
BO AN INFRASTRUCTURE
ENGINEERS LTD.:
Name: Michael B. o Keuy Name: / r
Title: f r,;1 < /fa l Q,- tter
Title: _
Date:
APPROVED AS TO FORM:
By:
City Manager
Stephanie Vasquez, City Attorney
Date:
Title:
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: B • N INFRASTRUCTURE
ENGINEERS LTD.:
By: By:
Name: Name:
Title: f e -A ;log
Michael 0. OKelly
City Manager
Date:__ Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
2D
cds
EXHIBIT "A"
CITY RFP
21
CITY F ELL ENS
PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE • BELL (3ARDENS, CALIFORNIA 90201-63122 (562) 806-7770 FAX (562) 805-7789 • WUWV.BELLGARGENS.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 unde _ ing 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
Deadline for Questions
Response to Questions
Proposal Due Date
Interviews with Pro osers if necessary
City Council Recommendation of Awan
Tuesday, October 10, 2023
Thursday, October 19, 2023 a 5:00
Monda October 30, 2023
Thursday, November 9, 202
Tuesday, November 21, 2023
Monday, December 11, 2023
B. This addendum is being issued to incorporate the following Questions and Answers (`QM") 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 (Le., the same firm) to provide the services under Scope of Work categories A. (City Engineer Retainer), B. (As -Needed Traffic Engineer), C, (Public Works Permit
Page349of797
Addendum No. 2
RFP for Municipal Engineering Services
Managerrrent and Inspection), D. (As -Needed Water Engineer), E. (As -.Needed Development Engineer), and H. (NPDES Storrnwater Compliance Consultant Services). The City may select one or more firms to provide the services under Scope of Work category F (As -Needed Public Works/CIP 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 / CIP 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 a proposal in accordance with the RFP Method of Compensation and Proposal Format and Content Requirements sections,
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 Tate 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 IT' — 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., on -call, 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 previously contracted with Wlllden 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 services 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 will 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 anticipated effective date for the professional services agreement is December 11, 2©23_
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 All 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 take effect on January 1st each year,
15. Q: Are there any CaPPERS concerns we should be aware of? A: The 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 RFF? including any pension liabilities for employees of the firrn(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 listed 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 up 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 retum 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
October 16, 2023
CITY F L sA
PUBLIC. WORKS DEPARTMENT
+3327 GARt LLD. F;VENU [ELL GARDENS, CAL .r ORNIF 90201-5122 ( 62) S4 T7r'0 FAX (562) EEC -77 9 V`PJ�r d: BELLG;VR.DENS iiE+'E.
REQUEST FOR PROPOSALS
FOR
MUNICIPAL ENGINEERING SERVICES
ADDENDUM. NO. 1
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.
This addendum is being issued to make the following changes:
1. The Proposal submittal deadline is extended from 5:00 P.M. on Thursday, October 26, 2023 to 5:00 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 Tuesday, October 10 2023
I Deadline for Questions Thursday, October 19, 2023 @ 500 p.m r
Re nse to Questions f Thursday, October 26 2023
Proposal Due Date I Thursday, November 2 2023 @ 5 QOpm
Interviews with Proposers, if necessary Tuesday, November 14, 2023 City Council Recommendation of Award Monday, December 11 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 is revised from °Lump sum per month" to "Hourly rates." Sincerelys
Bemardo 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 hislher proposal submittal. Failure to do so may result in disqualification of his/her proposal.
Signature of Proposer Date,
Proposer Firm Name and Address
TF
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
biniquez(a?beIIUgardens.orq
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 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 BeII Gardens (City) was incorporated on August 1, 1961, as a general law city, thus, it operates under the CounciUManager 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 private 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.
An electronic version of the proposal shall be emalled to eityclerkdeskc heUparddns.orq and biniguez(d be1Igardens.areq 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:D0 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 Bell 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 pla 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 BeII 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 BeII Gardens
7100 Garfield Avenue
BeII 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 biniguez a bell ardens.org. The deadline for written questions and inquiries is Tuesday, October 17, 2023 at 5:00 p.m. City HaII 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
( Deadline for Questions
Response to Questions
Pro al Due Date
Int with Pro posers if necessar
Council Recommendation of Award
a . October 10 2023
Tuesda October 17, 2023 , 5:00
Thursday October 19 2023
Thursda , October 26, 2023 + 5:00
Tuesd
edn
and
November 1 202
November 13, 2023
a
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 BeII 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 BeII Gardens Municipal Code.
Agreement: An agreement between the City and the selected Consultant to fumish professional services over a designated period.
4
Consultant: The bidder, contractor, vendor, firm, company, proposer, organization, or individual offering a proposal in response to this RFP.
Proposal General Terns 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 Califomia 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, ex 't 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 property 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 descri - . 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 BeII Gardens
Attention: Bernardo Iniguez, Director of Public Works/Facilities 8327 Garfield Avenue
BeII Gardens, CA 90201
(562) 806-7770
Email: [email protected]
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 "proposers representative" includes all of the proposer's employees, officers, directors, Consultants and agents, any subcontractors or suppliers listed in the propo =r's proposal, and any individual or entity who has been requested by the proposer to contact the City on the proposer's behalf.
6
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 win 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 IegaUy 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 r ponses 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 Consultant's participation in this RFP process.
Cert .R ion
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 sus •tible 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 win ultimately result in the award of a single Agreement, the City reserves the right to negotiate an Agreement with more than one firm.
7
Additional Information
During the pro ' • al 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 r meet
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-102 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 provisionsof thls 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 concems 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 tide.
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 MAY,
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 limed 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 Taws.
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 • ies 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. 2009-0026 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 Form-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 Lu =1 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 Page364of797
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 wom 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 Togo may be wom and no caps shall be wom 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 Enrineer 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 Califomia 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 lea' w 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 bi-weekty 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 P ens: 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 (BO) hours per month, with office hours at the Public Works Maintenance Yard office from 8:40 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 f+naled 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 -' ng water quality.
E. As -N •edDevelopment 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 Califomia 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 including, 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.
B. 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 WorksICIP Prolect Design, Project Management & Administration, Funding Management, Construction Management, Co truction 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 (CSI) 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.
il. 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
8. "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, comer records, parcel maps, tract maps, and lot line adjustments
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c. Environmental Complian 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 Consuttant 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. CEQAMEPA 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 En ineerin and M ' Is Testin
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/Geotechnicai 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 (10) 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, file 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 RFQs 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 Caltrans, 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 pr s •=r•ures 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.
xlv. 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, electricaVtelemetry, structural, and equipment testing; and ensure specialty inspectors have an necessary certifications.
xviii. Ensure the contractor is complying with all applicable permitting requirements, agency requirements, local regulations, and utility requirements.
xlx. 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 contractor's 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 conceming 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. xxxiii. 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.
xxxv. 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:
i. Provide Tabor 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.
Attend audits in support of staff and ensure that the proper documents are available.
v.
Federally fu d prolect 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 Ca!trans 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 = • ral 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/Facil _ 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 Catrans 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 end 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.
« Bld 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.
• Cons ruction 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 r progress meetings may be required.
« Grant Administration — The Consultant shall prepare Requests for Authorization (RFA) to Caftans Local Assistance for the various phases of work including, but not limited to, the following: 1) Preliminary Engineering (PE) 8 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 shalt be in accordance with Caltrans Standards, FHWA Standards, and the City's Standards.
G. Ae-N ded Other/Additional Public Works Engineering Se Ic 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 (CIMP); 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 CIMP, 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 wOl 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. CAS i +04) 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 IndustriaUCommercial Sources
Review City databases to determine inventory of industrialcommercial facilities subject to a stormwater inspection
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) re uirements
Develo and implement a Business Assistance Program
Develop educational materials to be distributed to facilities Ins .,Km, t 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 faciliti within 4 we s
Prepare formal violation notices following City's municipal e
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 IARUR2-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 industrial/commercial facility stormwater inspections wil 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 of coverage (i.e., 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 wAI 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 win provide a schedule for the completion of the required industrial/commercial facility stormwater inspections, including any required relnspection 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 win be forwarded to the owner within one week of the ins ion notifying them of the violation and infom,ing them of the reinspection.
v. Scope of Industrial/Commercial Facilities Stormwater Inspections Commercial Facll = The Consultant will inspect commercial facinties 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 Facili . The Consultant will inspect industrial facilities subject to a stormwater inspection every two years for facilities that have exposure to stormwater and every fare years for facilities that do not have exposure to stonmwater. 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 Page384of797
No Exposure Certification.
b. Planning and Land Development Program
The Consultant shall perform the following:
Program Im • entation
Ensure the City has prepared and adopted a Low Impact Development (LID) ordinance
Review or ensure LID plans/Standard Urban Stormwater Mitigation Plans JSUSMPs) are reviewed
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 ap licabl Track projects and BMPs in an electronic database
Track all inspection reports and enforcement actions
Conduct BMP verification inspections
Notify existing SUSMP sites of maintenance requirements Conduct BMP maintenance inspection
Conduct follow-up activities at non -compliant pro:
Manage Program, Implement QA/QC Pro u
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 -u site visits
nventoryconstruction sites (>1 acre)
Update the inventor mof construction sites >1 acre monthly Track site inventory, inspections, and enforcement actions using an electronic database
4 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)
Follow-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 uirements
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. Tum-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:
Pubic Construction Activities (addressed by Development Construction Program; Inventory Public Facilities for 24 categories of public facilities, Including pollutants sources
Inventory Existing Development Retrofit Opportun' '
Identify and rank candidate retrofit areas using w ershed modeVscreening too Public Agency Facility and Act' Management
Develop Ianguage to uire contractors to implement BMPs
Landscape, Park and Recreational Facilities Mena e
Develop Integrated Pest Management Policy
Storm Drain Operation and Maintenance
Prioritize catch basins
t 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 inves
Develop written procedures for illicit discha
Inv ==tote ilIicit discharne co
Conduct follow -u investi ation to veri elimination of detected illicit disch Public reporting of non-stormwater disch es and spills
Develop written procedures for tracking complaints
Document complaints and
Develop Spill Response Plan
Provide illicit connection and illicit discharge education and training Train City staff on illicit discharge identification, elimination, dean -up, reporting, and documentation
Manage Program, Implement QA/QC Procedures
nd eliminated
Inv tiation and elimination
are investigation
f. Public Information and Participation Program
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The Consultant shall perform the following:
Public Participation: Participate in a City event to promote public involvement in pollution 3revention (as needed)
Develop Residential Outreach Pro+ ram
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. County program)
Mane a Program, Implement 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:
I Watershed Control Measures: Provide as -needed assistance with implementation efforts, such as:
Public LID retrofit protects and green streets projects Nonstructural and institutional watershed control measures Non-stormwater discharge source identification
I; Trash Amendments compliance
Ensure compliance with monitoring efforts undertaken by LARUR2-WMG WMP watershed consultants
Adaptive Management: Provide as -n ed 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 meetin s as re nested b 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 byLARUR2-WMG WMP 34
[and CIMP 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 Stormwatar Compliance Consultant Assistance.
The Consultant shall perform the following:
Represent City at relevant NPDES-related or Measure W -related meetings a update City staff
Provide program updates to City staff and ele 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 sto ater 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 Ci staff with ubliceducation/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 Dlans 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.
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METHOD OF COMPENSATION
Work
pe on Method
City Engineer Retainer
Traffic Engineer Retainer
Lump sum per mon
Lump sum per mon
Public Works Permit Management and
Inspection
As -Needed Water Engineering
As -Needed Development Engineering
-Needed Public Works/CIP Project
Design, Project Management &
Administration, Funding Management,
Construction Management, Construction
Inspection, And Labor Compliance Services
Hourly rates
As -Needed Other/Additional Public Works
Enineerin« Services
NPDES Stormwater Cornpliance Consultant
Services
Hourly rates
Hourly rates
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.
Hourly rates, not -to -exceed a negotiated
sea and lum sum.
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:
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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 transm' I letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the proposers 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 n s. 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 Govemment Code section 1090.
2. Methodology
a. Include des _• •n 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 . - and amount of equivalent experience. Resumes of all proposed personnel must be inclu . The proposal must indicate who will have primary responsibility for the requested services. The proposal must also identify any pro subcontractors or subconsultants that are integral to the proposed team.
4. Minimum Qualifications, Prior Related .e ` , 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. P • .. Is 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, 0 •
37
qualifications, competence, resources, and business integrity as specified in the scope of work that are necessary to carry out the work under the contract as e +• ed. 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 pro -- ionals 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 T." 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.
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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/Facilltles, 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 regionaUlocal 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 rejection(s).
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ATTACHMENT "A"
PROPOSAL PRICE SHEET
41
PROPOSAL PRICE SHEET
A. City Retainer:
City Engineer
B. As-n-.•ed Traffic Engineer:
$ per month
Attach the hourly rates for the various classifications that would be billed to the City under this category.
C. Public Works Richt of Wav Permit Management pnd Inspection:
Attach the hourly rates for the various classifications that would be billed to the City under this category.
D. 663 -Needed Water Engi r:
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 -Nero-+ Public Works/Capital Improvement Program Proiects:
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 _%o
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 Pubic Works Enoineerino Services:
Attach the hourly rates for the various classifications that would be biped to the City under this cat +ry.
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"
ACKNO DGEMENT 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 _rinsed 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.
n 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
IBIT "B"
CONSULTANT PROPOSAL
22
City of' Bell Gardens, CA
Municipal Engineering Services
Submitted by:
Sid Mousavi, MSCE, PE, Senior Principal
infrastructure Engineers, a Bowman company
3060 Saturn Street, Suite 250
Brea, CA 92821
714.940.0100) smousavl@infengncom I bownran.com
November 9, 2023
Submitted to:
Bernardo Iniguez, Director of Public Works 1 Facilities City of Bell Gardens
8377 Garfield Avenue
Bell Gardens, CA 90201
INFRASTRUCTURE:
ENGINEERowrnw� S
e 13 company
Table of Contents
TAB # SECTION
1 Transmittal Letter
2 Methodology
Management and Staffing
4 Qualifications, Related Experience and References
Cost and Pricing
6 Additions or Exceptions
7 Pending Litigation
8 Insurance
9 Appendix
PAGE #
2 4
26 93
9S
loaf
101
102
103
O NFRASTR.UCTURC
ENG'��I�E`ERS
A Ni7N'Tfl f'cQ 1parly
November 9, 2023
Bernardo I niguez
Director of Public Works / Facilities
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
RE Municipal Engineering Services
Dear Mr. Iniguez:
It has been a privilege for Infrastructure Engineers to provide engineering services for the City of Bell Gardens, We arc thankful for the opportunity to present our qualifications to continue serving the city and the community of Sell Gardens. The city has accomplished much in the past two decades, including numerous street improvement projects, Safe 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 (IE), a Bowman company has 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 duality of life for the residents and businesses of Bell Gardens. 1E is currently engaged in several important projects for the city and we would 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 GIP 3930. 7. ATP Cycle 5 Citywide Complete Street Phase L
2. Florence Avenue & Eastern Avenue improvements. 8. Water Resources Development Act of 2022.
3. Garfield Avenue & Eastern Avenue improvements. 9. GWMA Recycled Water Project. 4, Florence Avenue & Jaboneria / Ira Improvements. 10. Well No.1, State Planning Grant, Amendment No. 2.
5. Eastern Avenue Improvements, I Well No, 3C / 3F Abandonment, e;. Clara, 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 engineers, city planners, architects, inspectors, technicians, construction managers as well 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 only understand engineering. but also have a solid foundation in the inner workings of the city and the Public Works responsibilities. More thara 90% of our staff, as part of their professional development, have worked for city governments as employees. Asa 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 fulfilling the city's staff augmentation, needs. We believe that successful projects are the result of a well managed and motivated team, committed to being accountable and sharing ownership in the product or service that they provide.
306,0 Saturn Street. Suite 250, Brea, California 92821
714,940.0104
infrastructure-engineers.com I bowman.com
Our ern ployees assigned to the City of Bell 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 place to conduct business, We are eager to aggressively 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 IE team members exhibit the interpersonal skills, level of integrity, thoroughness, proactive approach and technical cornpetence requii ed by the city. Our staff has the proven ability to multi -task and to work with the minimal supervision that is required to meet the city's current staffing and project needs.The team has diverse experience in a variety of roadway improvernents, water systernne sewer rehabilitations, storm drain improvements, site work, grading, traffic improvements and facility design and construction protects.
Proven Track Record - IE staff exclusively service state and local agencies and have an extensive history of successfully providing a wide range of services, Our experience minimizes training time and results in cost savings for the city. Additionally, our team has extensive experience providing professional services for municipal agencies and we encourage the city to contact our references and confirm our successful track record.
• Understanding City's Financial Needs - We understand the city is often faced with budget constraints. IE has a history of successfully delivering projects with very limited budgets. We are committed to working with the city and 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 ClP 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, is different from all others and it has Its own unique challenges and solutions.
We believe that the qualifications of our staff, In combination with our competitive rates and our dedicated interest In the City of Bell Gardens, makes IE exceptionally qualified to provide the city with professional engineering services. By selecting IE, the city will benefit from the experience of former City Engineers and a dedicated team with varied and extensive municipal experience and the ability to support all projects the city may undertake. We look forward to continuing our working relationship with the city and providing our professional services to help you meet the city's goals and objectives.
We are excited and grateful for the opportunity to continue providing Municipal Engineering Services to the City of Bell Gardens. We thank you for giving IE 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 and to make a difference In your community. IE has no financial, business, or other relationship with the city that may have an impact upon the outcome of this Agreement, in particular compliance with Government Code section 1090.
As an officer of the firm, I am authorized to bind 0E to all commitments made In this proposal and execute agreements. We have read and will comply with all terms and conditions of the PER If you have any questions regarding this proposal, please do not hesitate to contact me at 714,940.0100 or by email at smousaviciainfengr. corn.
Sincerely,
id Mousavi, MSCE, PE
Senior Principal
INFRA TRUCTURE
ENGINEERS
infrastructure-engineers,com I bowman.com
et °d©w
Y
UNDERSTANDING TIME CITY'S NEEDS
The City of Bell Gardens needs a full -service engineering firm with the capabilities and resources to manage all the engineering and construction support needs of the city.The city requires the services of a City Engineer,Traffic Engineer, Water 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 (NPD£S) compliance and coordination as well as other engineering and administrative services, such as project administration, grant administration and contract administration.
The City Engineer will be tlhe lead staff and will bring other expertise to the programs and projects at pre -scheduled intervals or as needed by the city. Responsibilities also include, but are not limited to, oversight of traffic and transportation engineering support, water engineering, NPOES programming and management, plan review and plan check services, construction management and inspection, civil design, stiructurat improvements, mechanical, electrical design, land surveying, mapping, geotechnkal engineering, investigations and reporting, engineering assessments, grant writing and funding compliance. We understand the city does not necessarily need all of these services all at once, or on a daily basis, but, they need to be available promptly, when needed.
The city requires a City Engineer committed to the city at least four (4) hours per week to respond to inquiries from city departments, outside agencies, contractors, utility companies, and the general public. The City Engineer may also be required to attend City Council meetings and Department Heads staff meeting every month. Where requested, the City Engineer or the traffic engineer must attend Traffic Commission meetings, Planning Commission meetings or any other public meetings that may require engineering supported expertise. At the same time, the City Engineer and engineering team must be available during city hours to communicate and respond to phone calls and emails on engineering matters related in the City of Hell 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 Complete Streets concepts. The engineering design team must complete projects and prepare plans and specifications 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 awards 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 of 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 Engineer and 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 interuptions to the city's operations, Based upon the city's request for proposals (RFP) and our understanding and knowledge of the city, we offer a team that is exceptionally qualified to provide professional engineering services for the following reasons:
• We have provided these very services to the city for the 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 schedules.
Infrastructure Engineers, a Bowman company I Municipal Engineering Services November 4,2023 4
Methodology (cont.)
• We are intimately familiar with the City of Bell Gardens, its staff and the community, which will save the city valuable time by etirn inating any potential learning curve.
AU of our team members 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 City of Bell Gardens, we take projects from inception through completion and, therefore, we are familiar with all phases and aspects of all different types of public works improvement projects. • The individuals assigned to the city acre supported by our entire staff of professionals and support personnel thereby ensuring that our staff and services are responsive to the city's needs, during the entire time and duration of the contract. • ror the past 18 years, we have been successful in applying for and receiving grant funding for various public wor'ns projects and our team is very familiar with grant writing and funds administration 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 are the most familiar with their implementation.
WORK PLAN
Our qualified team includes experienced engineers, project managers, inspectors, plan checkers and support staff that will be available to provide services to the City of Bell Gardens. In addition, we will provide support staff as needed to support engineering and administrative functions. Although the staff rernkiers committed to the Qty of Bell Gardens are assigned a certain number of hours, staff are available for additional hours to get the job done. The proposed hours for staff members are a guideline for performing the services and additional support staff can be assigned to the city, as needed, In providing services to the City of Bell Gardens we propose to provide:
• City Engineer for 4 hours per week.
▪ Capital improvement Projects {CIS') management for 6 hours per week.
Infrastructure Engineers, a Bowman company I Municipal Engineering Services I November 9, 2023
e
olo y (coat.)
• City Traffic Engineer for 2hours per week,
• Water Engineer for 2 hours per week,
• Development Engineer for 2 hours per week.
• Engineering Permit Technician for 6 hours per week,
• NPDES support as needed.
• Grant writing, public outreach and fund administration on an as -needed basis.
Our detailed work plan for the functions these staff members will perform for the city are listed below.
City Retainer Services
Retainer support services provided to the city include City Engineer, Deputy City Engineer, Development Engineer, Public Works Permit and Inspection, Traffic Engineer and Water Engineer, In addition, NPDES compliance and services will be provided, as needed and as directed by the city. Our assigned City Engineer In collaboratIon with other dedicated iE staff and our subconsulta nits will be available to take projects through all phases from preliminary engineering to design, construction and project close out. Services provided to the City of Bell 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 Protects. All of these hours wild be included in the monthly retainer rate.The following are some of the key functions to be performed by the 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 general public when directed by the Director of Public Works or the City Administration, on an as -needed basis. • The City Engineer will analyze the dty's short and long-term needs, taking into consideration the project budget and the delivery schedules.The City Engineer will recommend and administer 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, • The City Engineer will prepare and present a weekly status report on all engineering activities to the Director of Public Wbrks.These reports provide a snapshot of the project status, budget, schedules, issues, and actions by various parties Involved with the project.
• The City Engineer will review and comment on planning related projects, such as conditional use permits, site plans, sub- division maps, including parcel maps, tract maps, lot line adjustments, easements, dedications and other subdivision map approvals-
• The City Engineer will provide consultation and recommendations on various engineering issues including traffic congestion, street signs, NPDES requirements and water systems and services. • The City Engineer will provide consultation and recommendations to (cell Gardens with its participation in the I -7 'I © EIS / Elii project,
• The City Engineer will respond to the public an questions and complaints related to ongoing traffic Issues, construction projects, and other engineering questions and issues and provides recommendations and solutions. • The City Engineer will advise the city regarding engineering, constructkrn financing and grant and grant funding opportunities available from governmental agencies and conducts research, writes and submits all related docurnentation in support of grants on a regular basis.
Infrastructure Engineers, a Bowman company I Municipal Engineering Services I November 9, 2023 6
Methodology (cont.)
▪ The City Engineer will make recommendations regarding land development projects by ensuring that all improvements and condition of approvals have been incorporated and are followed from project inception, through entitlement, construction and completion.
• The City Engineer will establish and maintain effective working relationships with the city staff, utility companies and other agencies on regular basis to make sure that all public works' related tasks and requirements are being implemented. • The City Engineer will also establish a quarterly Utility Coordination meeting with all major utility agencies conducting maintenance work In the city. These coordination meetings will be critical to protect the city's pavement rehabilitation program by coordinating work by utility companies to he performed in conformance with the city's pavement moratoriums and to prevent damage to the city infrastructure,
The City Engineer will meet with city staff to review the Capital Improvement Plan to assist with development of a 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, schedules, cost estimates and assist with development -of the project plans, specifications and cost estimates (P5&E). The City Engineer will maintain a plan review cornrnent 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 check list prior to making recommendation for approval of the final PS&E to the Director of Public Works. The red -team review staff consist of experienced engineers, who bring many years of construction experience and expertise, who will conduct a constructibIlity review of all projects, prior to issuance of notice inviting bids.
As part of our quality check, the City Engineer conducts a field inspection to investigate every capital project, to determine any adverse condition during the design phase,These field verifications are critical to ensure that items which may have been missed or not identified, such as right-of-way conflicts, field conditions, utility conflicts, and other potential issues, which may negatively impact the project.
The City Engineer will review and oversee related funding documentations in addition to management on (}reparation of Infrastructure Engineers, a Bowman company I Municipal Engineering Services I November 9,2023 7
Methodology (cont.)
the PS&E packages continuously, from the Warming, through design and construction -The City Engineer will manage the coordination of the design package with outside agencies, including those responsible for handling the grant funding. • The City Engineer and their assigned staff will address the city's audits in addition to attending 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 Engineer
Currently, IE Is providing City Traffic Engineering servlces two to three hours per week. Based upon the city's need and the project work load, we recommend maintaining the current hours and schedule to be included in the monthly retainer fee. Our staff will provide full -service traffic engineering services to the City of Heil Gardens, per the current service intervals, however, we are committed and ready to expand our services, to meet the demand and workload. I he services offered will include but are not limited to the following tasks:
The City Traffic Engineer, will advise and assist all city departments, traffic commissions, various traffic related committees and the City Council on all traffic -related Issues, IE will provide detailed traffic safety reports and will interface with regional and state transportation agencies for compliance and various grants funding documentation.
• Our teem will provide advice and traffic engineering support to the Director of Public Works, including the preparation of engineering reports, in response to requests for traffic signal installations, traffic signal modifications, new stop signs` new crosswalks, traffic channelization and speed zones.
The City Engineer, working with the City Traffic Engineer, will provide consultation and recommendations to the City of Bell Gardens with its participation in the I-710 EIS FIR project. ▪ Our team will research and prepare grant applications (Le:, RSIP, OTS and ATP) for traffic safety studies and improvements, We will identify, review and prepare recommendations for safety and corrective measures at locations, where there have been higher than normal vehicular accidents and traffic violations are anticipated.
The City Engineer, with the City Traffic Engineer, will compile and submit technical reports on traffic engineering -related activities.
We will provide analysis and comments on the traffic impacts related to the proposed new development projects. IE will also conduct field investigations to determine any adverse traffic impacts related to new developments. tE will also review and recommend additions of bike lanes and multi modal transportation concepts to be implemented as part of new developments throughout the city,
We will identify, review and develop recommendations and mitigation measures for locations with high rates of traffic accidents.
'fl re 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 basis.
The team will provide advice to the city staff on the maintenance and operation of the city's traffic signals, prepare traffic Infrastructure Engineers, a Bowman cornpany I Municipal Engineering Services I November 9,2023
eth©dolo y (cont.)
signal timing plans and prepare traffic signal construction plans and specifications.
We will coordinate with other departments on traffic and parking related issues. IE has conducted many parking studies, to allow on -street parking, by analyzing the off street parking by residents. IE will continue to conduct these studies to ease overflow parking throughout the city.
We will review, analyze 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. IE has assigned a highly experienced water engineer who has many years of water system design and management. Our assigned engineer, Charlie Man will support the city's municipal water with the following services;
Continue working and supporting the city with the ongoing projects; Water Resources Development Act of 2022; GWMA Recycled Water Project; lNeli No. 1, State Planning Grant Amendment No, 2 and tt1; Well No. 3C ! 31, Destruction; Water CiP Funds - Miscellaneous Reports; Well No.1 - Storm Water Discharge Permit Attend meetings regarding the city's water quality and management systems.
Review water policy issues and provide recommendations to ensure these policies are aligned with the city's long-term goals and objectives for water safety, quality and economics.
Assess the impact of any proposed new development on the city's water system. IE will review the proposed water usage by new development to identify any system upgrading that might be needed. IE 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.1E. will constantly review and monitor the city's water system demands and constraints to identify any upgrades that may be needed to maintain the water capacity and safety for residents and businesses through the city. Water system master plan will be conducted to identify capital projects for maintaining the water system over the next 5-7 years.
Provide technical 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 Permit Technician will handle public works permits and other engineering -related matters, including receipt and processing of public works permit applications and construction observation of permit work within the public right of- way, IE will provide a qualified Public Works Permit Technician who will also provide inspection in support of all activities, related to the city's encroachment permits. Currently, IE staff provides staffing services fora total of four (4) hours per day, three (3) to four (4) days per week. Our proposed staffing services will include a permit technician who will work at the counter for up to four (4) hours per day to assist applicants, answer phone calls related to permitting and will spend four hours of day conducting inspection tor the work performed by contractors and utility agencies. We believe that this model serves the hest interests of the city, since, our permit technician will continuously be involved with all related permitting activities. EE's permit Technician will collect all necessary documents, including, insurance; certifications, contractor's licenses, city's business licenses,Traffic Control Plans, and Bonds, if necessary. Contractors will be required to follow Cal OSHA's safety guidelines, Infrastructure Engineers, a Bowman company ] Municipal Engineering Services J November 9, 2023 9
Methodology (cont.)
attend a pre -construction meeting, and follow the permit requirements for traffic safety and roadway restorations. IE will monitor the work of the contractor from issuance of the permit to inspection of all work and dosing out the permits, to ensure full compliance with the requirements of 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 Permit Technician will compile and submit a weekly progress report to the Director of Public Works, detailing all permit and inspection activities. IE will retain and update a log for all permitting activities, and will provide the city with a full report, on ail fees collected by the city, on a monthly basis. 1E will also conduct a Public Works, permitting fee study, in case this service is needed by the city.
Planning and Development Engineer
The City Engineer will be available to assist the Community Development Department with the following tasks:
• The City Engineer will attend meetings of the Planning and Community Development Divisions, rneet with city staff, public officials, community leaders, developers, contractors and the general public, to provide technical input 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 studies, plans and specifications for development projects. • Staff will review tentative tract and parcel maps, site plans and other submittals and check Improvement plans for facilities being proposed by the private developers.
Infrastructure Engineers, a Bowman company l Municipal Engineering Services 1 Novernber9.2023 70
Methodology (cont.)
• The. City Engineer will establish performance, labor and material bond amounts and development fees for all new
developments,
• Construction management staff may also provide field
inspection during construction.
Engineering Consultant Services for Public Works Proje
IE will provide full engineering design services in support of public works Capital Irnprovement Projects (OP), Under the direction and supervision of the Director of Public Works and the City Engineer, our dedicated design team will take a practive approach for every pmject that we undertake.
The following summarizes our approach to the design and engineering work on every CIP 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 Iifespan, street crown, preferred rehabilitation strategies, cost limitations and, 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 IE's internal project procedures, all project staff participates in monthly project status meetings with firm principals, The meetings serve as an additional control to ensure all projects move forward on, or ahead, of schedule, and resources are allocated as needed. Furthermore, the meetings alloy./ our staff to be continually aware of project status, schedule and milestones.
• Maintain communication with the Director of Public Works, including monthly written status reports and project status meetings, as needed, in addition to reviews at 35%, 65%, 95% and 700% levels of completion. Although monthly reports will be provided, IE will proactively keep the Public Works Director informed of any new developments, issues or factors involved in the project and alternatives to solve any unforeseen items. • in addition to communication, IE staff will prepare agendas of special items that warrant discussion at project status meetings, and prepare and distribute minutes with action items to involved parties. • Convene an initial meeting with key design team members and City Public Works staff In order to review and confirm the detailed project scope, schedule milestones, construction objectives, and othe{• pertinent 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, such as existing improvement plans, maps, as -built drawings, utility plans, reports, studies, and other pertinent information within the projects' limits. Additionally, there may be. proposed improvements that will affectthe 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 utility companies will he contacted and any information obtained will be used as a pert of the base map, Perform land surveys for the project.
Perform a site investigation to evaluate the existirig condition of iterns pertaining to the design. [:curing this investigation, Infrastructure Engineers, a Bowman company I Municipal Engineering Services E November 9,2023 11
Methodology (cont.)
locations of damaged or distressed features will be inspected, confirmed and summarized, if requfaed. Americans with Disabilities Act (ADA) accessibility compliance will be reviewed and non -compliant features noted. Existing drainage patterns will be reviewed for street projects so that any changes to eliminate pondfng can be identified. ▪ Conduct fieldwork to verify the 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 researched, notify, affected utility companies of the impending project, Surface features requiring adjustment will be Identified and properly coordinated with the corresponding utittty company. • If the proposed improvements interfere with existing utilities, we will arrange to have potholes taken by the utility company. If the utility company has prior rights, we will negotiate with a contractor to pothole the area fora fee as part of extra services. We will provide the city with copies of MI correspondence with the utility companies cornpiled in a book report at the submittal of 95% plan completion, to ensure due diligence and follow-through with the utility companies, • IE will review available existing pavement analysis -reports, Based on review of the reports, we will recommend to the city if an additional, supplemental or completely new report of pavement analysis of the subject streets will be needed. Our subconsultant geotechnical 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 Dynatest Falling Weight Deflectometer 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 compflation.The field survey work will be limited to those items and areas necessary for the proposed design, This Includes obtaining adequate topography and cross sections in areas of street widening, as necessary, for proper tie-ins and street crass-fall.This approach is anticipated to present a cost savings to the city while maintaining intent and quality of work,
Infrastructure Engineers„ a Bowman company I Munidpal Engineering Services 1 November 9, 2023 12
Methodology (cont.)
Prepare plans to city standards utilizing base mapping and agreed improvement concept- Appropriate city, APWA or
Caltrans standards will be utilized and additional detailing will be included, as necessary, for adequate bidding and construction purposes.
Prepare a comprehensive set of technical specifications.
All bid items required by the plans or otherwise needed to accomplish project construction will be thoroughly describe in the general provisions and included in the contractor's bid list.
Prepare a construction cost estimate for verification of project budget and assistance during the contractors
bidding process. Measurement of wits will be contained in the specifications with additional detail for lump sum items, as necessary. Unit prices will be derived from current bid information on similar work within the area.
• IE will prepare PS&E submittal package for city's review at certain milestones, depending the scope of work for each project.
These milestones are usually at 35%, 65%, 95% and 100%. A final set of signed Mylar plans, along with specifications and estimates, will be submitted to the city for bidding purposes. ▪ Upon completion of PS&E, IE will coordinate with the City Clerk Office's to present to City Council for approval. All council meeting agendas will be coordinated through the Public Works Director. • In addition ta the initial Project Definition and Program Development Meeting, continuous coordination and updates will be required between the design team and the Director of Public Works. Progress reports will be provided at appropriate intervals and, as necessary, to document project status. Meetings are generally anticipated alter significant submittal milestones and when required to address specific design and coordination issues. In addition, the Director of Public Works will be continuously informed of work status and issues through email, phone and facsimile communications.
IE will prepare as -built plans based on the red mark-up plans provided by the contractor at the end of project construction and submit to the city for their retention and filing,
Construction Management and Inspection Services
Based on our collective. experience having managed hundreds of various CIP projects for municipalities throughout Southern California, we posses 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 clty plans to build, either now, or in the future.
Our construction management starts with conducting a full review of the pans and specifications and the cost estimates and budget, during the 60% design phase. We will incorporate many of the lessons learned to ensure the plans and specifications are without any discrepancies or redundancies, A. second constructihility review will b' conducted on the 100% plans, to ensure that ail comments and back -checks :have been incorporated before, the project goes out to bid. IE will prepare the bid package and supervise the bid procedures to conform with all the State and Federal guidelines, for funding and labor compliance requirements. There are several key elements when reviewing the bid packages. Ot rr goal has always teen to Infrastnicture Engineers, a Bowman company I Municipal Engineering Services November9, 2023 13
Methodology (cont.)
make the plans and specifications and all the attachments dear to understand and to remove any discrepancies that might exist in the documents prior to bidding. As part of our red -team review, we will make sure that the review is conducted to ensure that ail details are correctly cross-referenced and are clear to read and understand. otherconstructibility items Include identification of long -lead components on the project, ROW issues, utility verifications, verification of unit prices and quantities. Having in-house design capabilities provides us with access to these services.
The following is a description of major activities in managing every construction project:
1. Construction Management and Resident Engineering f Administration Masoud Sepahl will be our main point of contact for construction management support and staffing services. Masoud brings many years of experience serving the public in a variety of leadership positions. He understands the needs of the City of Hell Gardens for managing various CIP projects currently in construction or in the design phase. Masoud will be complemented by other construction managers 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 protects 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 evaluate bids for accuracy and responsiveness, based on the directions given in the Instruction to Bidders.This review will Include checking the entire bid for accuracy, to ensure that all forms have been signed and proper bid -bonds are included, there are no math errors, alI the forms have been completed, sub -contractors have been listed with each percent share dale work identified, references have been listed and to make sure that all the license and credentials have been included. 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 will 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 will prepare a report, listing all the bidders received and all unit prices for each bid received for the city's review. This report will also Include IE's recommendations for awarding a contract to the lowest responsive bidder. IE 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 of the Public Works Director, IE's construction manager will assist 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 Is an important part of construction management on every project. As the City Engineer for the City of Placentia and Director of Construction management for the Los Angeles Metro, responsible for the preparation of numerous staffagenda reports on a variety of protects. In preparation of these reports, Masoud will be utilizing the city's format for each type of report and actions that are needed for approval by the City Council. These reports may be complemented by presentations to be provided under the city's direction.
4. General Construction Administration
Our approach to managing each protect will be to collaborate and coordinate our activities with the city's staff and the Director Infrastructure Engineers, a Bowman company I Municipal Engineering Services I November 9,2023 - 14
Methodology (cont.)
of Public Works in providisrcd as -needed engineering services and at the same time, introduce many of the lessons learned from 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 matrix for each individual project to build a robust team to administer and manage construction contracts, in accordance with the city's needs and budget. 1E will also establish the individual needs of the project for other necessary services, such as 15eId survey, geotechnical irwestigations, materials testing, SWPPP, NPDES Permitting and monitoring, enviroin+nental investigations and testing, deputy inspections and other specialty items as required.
5. Filing Systems
In collaboration with the city, IE will set up an electronic. filing systern formanaging all of the future construction projects.
This system will allow the IE team and the city to have access to ail construction documents in real-time and 10 better communicate with the contractors and outside agencies. IE will ensure to follow ail grants funding requirements by following the latest guidelines for various programs, through Caltrans' LAPM, County's SBDG, Metro, and other outside agencies. IE will establish the procedures and we will monitor contractors compliance with the requirements set forth by the federal and the state's prevailing wage regulations and requirements. iE will prepare and process all the required documentation on behalf of the city to secure reimburse=ments from outside funding agencies. €. Pre -Construction Meeting
IE will arrange and conduct pre -construction meetings with the contractors, designers, inspectors, and other key stakeholders. We will ensure to invite all city personnel that may be involved with the project, in addition to representatives from regulatory agencies that may be involved with permitting and grant funding. We will also request that subcontractors be present at the pre -construction meeting. IE will arrange fora weekly progress meeting; to review the project status, request for information (RFI) log, change oiders, project issues, etc. Our field crew and Inspectors will review the plans and all the submittal do:uments 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 Navernt>er 9,7023 15
Methodology (cont.)
and after the completion of the construction. Our daily logs will include daily photos showing site and weather conditions; traffic control measures taken by contractors: Tabor, equipment and materials used; quantity of work performed; and major incidents / safety violations. We will prepare appropriate electronic logs for keeping track of these activities and will discuss them during our weekly progress meetings.
7. Quality Control and Materials Testing
To control the quality of work on any construction project, a number of provisions must be built into the contract documents.
In addition to the requirements by the Standard Specifications for Public Works Construction (Green Book), which sets the minimum standards for controlling the quality at the job site, lE will evaluate and determine individual needs of the projects for a robust QA / QC program. These provisions will need to be written into the contract documents, so that the contractors provide an adequate testing program, necessary for meeting the requirements of the project. As part of our monthly reporting, a section will be dedicated to the QA / QC program, summarizing the testing and ' ' a review of the contractor's performance, on a regular basis. IE team will evaluate the contractor's performance and will recommend changes as necessary. IE inspectors are provided with the latest technology for documenting and reporting daily activities and are dedicated and trained to make sure the construction work is being conducted in a safe and expeditious manner.
8. Submittal 1 RFI Review and Precessing
iE will review and process contractor's submittals by first preparing a submittal -list for each contract. All submittals and deliverables that are required by the contract will be logged through the IE's project management system and routed to the project's architect and engineers for review and approval. IE will meet with the city prior to bidding, to learn mote about the city's requirements for purchasing equipment that is compatible with the city's existing infrastructure. We will also ensure that proper warranties are stipulated for certain items per the city's needs to ensure that the maintenance and longevity of these systems are secured over the long haul. We will also add attic stock to be purchased by the contractors for the city's future use in maintaining the city's assets and infrastructure. IE will include the city staff in the submittal reviews to make sure that the city has an opportunity to review these items. We will also arrange for any special inspections and training, that may be required. 9, Change Order Review
Upon receipt of a change order request, IE will promptly investigate the field conditions to determine if a change in condition may exist, In case the site conditions involve a hazard, iE will work with the Contractor to resolve the Issue immediately under a time and materials basis. However, as It was mentioned earlier, tE has learned that every change order should start with a RFI by the contractor, All changes to the original plans and specifications will have to be reviewed by the design engineers first, so that a formal response can he attained, and changes are fully documented. IE will keep track of the change orders through the city's electronic project management system and on the lE's monthly executive summary reports, IE will be managing all change order work starting from field inspection to the final payrneets, byfirst verifying them with tie designers and then the city. Change orders will be reviewed, and a determination will be made on the merit quickly and expeditiously. Change orders come in variety of ways, and it is IE's responsibility to determine the cause ar d to provide a direction to the contractor quickly, In our experience, change order ranagement is one of the key elements In establishing a rum but fair relationship with the contractor.
infrastructure Engineers, a Bowman company' Municipal (Engineering Services I November 9, 2023 16
Methodology (cont.)
10, Safety
IE takes safety seriously, We know that even one incident on the project will taint the project. Asa standard practice, at the beginning of each meeting, we draw attention to a safety moment. This is to ensure that all parties and the construction team make safety on the job a priority. We believe that safety must be built into the culture of the construction team, and it must he the underlying condition for conducting any type of construction work, lE will make sure that the latest CAI OSHA provisions have: been Incorporated into the contract documents and we will monitor the job daily to ensure that all safety precautions have been placed at the job site every day. At the pre -construction meetings, IE will ask to see the Contractor's Health and Safety plan and to make sure that a Safety Office has been identified by the contractor at the onset of the project, and before, construction starts, IE will ensure to document and report any incident or deficiencies that may exist on the project and will be pro -active on stopping work that is being conducted without regard to safety precautions.
11. Progress Payments
IE team will meet with the contractor prior to the first day of the month to review the progress payment summary and to conduct a field review of all work performed. Every progress report along with daily logs and correspondences will be reviewed to ensure that the progress payments are accurate and represent a true picture of the work that has been completed. Retention of the funds will be in accordance with the contract and the inspector and the construction manager will sign on the progress payment request, prior to submission to the city for processing. Ail approved change orders will be listed on the payment requests along with a comprehensive progress report, on all pending change orders and daims.
12. Inspections
Dally construction logs shall be provided for the city's review on lE's web -based project management system. The project inspector will review construction progress schedules on a regular basis to verify that the project is on sc.heduic and on track with project milestones. The project inspector will provide accurate measurements of the work completed by contractors in accordance with contract documents, in addition to the review of the soil compaction and materials testing reports and Arit
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Methodology (cont.)
certifications of compliance. IE will also review the material testing reports regarding quality of work completed. inspectors will ensure that failed tests are reported and direct the contractor to take correction actions to achieve full compliance, We have vast experience with installing utility work and will monitor the contractor's excavation work to prevent and minimize utility conflict delays and potential conflicts. We will achieve this by conducting potholing, which will be required by the contract, and by a thorough review of the as -build drawings. IE will prepare and submit to contractor a "Weekly Statement of Calendar/ Working Days -report to ensure that the contractor is fully aware of the schedule and the critical path activities, Our inspectors have been trained to monitor various contract compliance provisions, as required by the city and outside funding agencies. This is to ensure that these provisions are being followed by the contractors.These provisions may include special traffie safety and access Issues, job site protection for safety, SWPPP and NPDES monitoring, CA5p,certification and inspection, labor compliance postings and any other special requirements of the Contract.
We have found that compliance with the latest codes should be built into the design and carried over to construction, IE Inspectors will also make sure that the contractor is following all the traffic cocwdination and permitting. We will coordinate with the contractor to make sure proper access to adjacent businesses / residents has been provided during the duration of construction. As noted earlier in the proposal, IE prepares a monthly status and progress report for each one of our clients and each project.These reports will Include budgets, costs, schedule, and resource allocation for each project, submitted each month for the city review and approval. We found that this method of reporting works well, providing the city with a document that has all of the key project data in one place, These reports will include discussion on change orders, claims, schedules, and any other key issues that need direction from the city for managing the project. Our project manager Mr.
Sepahi will meet with the city's project manager individually to go over the report and to point out any issues that might be going on with the project, which requires city's attention. Key decisions will be made at these meetings, which will provide directions for a successful project delivery.
13, Claims
Claims management starts even before the bid & award process. We have listed a number of ways that we propose to avoid claims as part of the pre -construction phase services. We have also mentioned several safeguards for Incorporation into the contract documents to eliminate claims as much as possible. However our approach to managing claims is based on our 30 years of experience having managed numerous public works CIP projects. We will encourage and ask the contractor to submit RFI's on every Issue encountered on the job site, to document each potential change. We will Investigate these claims and respond back to the Contractor [n a timely manner, after the engineer of record has provided our team with a formal response. We will then document all potential claims and notify the city's project manager on the status of these claims and potential change orders on a weekly basis. All RFIs, claims and change orders will be handled through the city's electronic project management system. Our goal has always been to work with the contractor to resolve all claims and process all change orders expeditiously by taking a pro -active approach. in our experience the best way to handle claims Is to deal with them quickly and decisively.
14. Prevailing Wage 1 Labor Compliance
Prevailing Wages are required in accordance with the provisions of the Labor Code of the State of California, General prevailing rate of wages are applicable to all construction contract and IE will ensure that the Contractor is compliant to this rule, during the entire contract duration.
We will accomplish this goal by taking a proactive approach to receiving and documenting certified payrolls monthly. We will also rnake sure these reports are uploaded to the Department of Industrial Relations Infrastructure Engineers, a Bowman company I Municipal Engineering Services I Novernbef 9, 2023
Methodology (cont.)
every month. IE team will also be conducting labor interviews to ensure compliance. with ail the employment requirement and wage rates required by the State's wages and hour laws, lE will also ensi ire that the Contractor complies with all of the statutory requirements relating to the employment of apprentices and the city's labor requirements.
15. Project Closeout
The project close out starts early, before taking substantial r_ompletion on any construction project. IE will start working with the Contractor to collect all the required product data, pamphlets, owner manuals and will arrange for training on new systems for the staff and employees. IE has performed many formal commissioning on complex projects and will ensure that all new systems have been tested and perform per the intended design and specifications.
IE will review and process contractors final payment request and release of retention, in addition to assisting the city with preparation and filing of Notice of Completion once the project has been accepted, IE will organize and deliver all project documents and files, in addition to the grant funding forms and ledgers to the city for future use. All reports, daily logs and other related construction documents will he submitted to the city electronically. All as-bui€d plans will be collected, checked for validity, and sent to the Engineer -of -record for Incorporating them into the final as -built drawings, IF' has also GIS capability in-house, and can provide the city with a GIS database for all work performed by the Contractors,
16. Community Outreach
IE understands that a successful project must involve the community. IE will prepare all the printed outreach materials and project fact -sheets, working with the city's Community Liaisons to inform the public of upcoming construction activities and to collect and document all input and comments received from the public.We have performed similar services on other projects, and our team is ready to engage with the public on an as needed basis. Our public outreach coordinator will be Call Hildebrand, who brings many years of experience supporting cities vwfth similar outreach initiatives,
17. Federal Requirements
Infrastructure Engineers, ,, Eowman company Municipal Engines ring Services I November 9, .?023 19
Methodology (cont.)
Having managed a variety of public improvement projects, supported by funding from outside agencies, IE team in conjunction with Acant-Garde is fully aware of the requirements posed by the grant funding rules and regulations. IE team will ensure that all the funding regulations by the city, state and federal laws are being coordinated and all the forms are fully executed. IE will also ensure that the contractor and their subcontractors and suppliers and vendors comply with the state and Federal orders regarding affirmative actions to ensure equal employment opportunities and fair employment practices.
NPDFS Compliance and Assistance
1. Industrial /Commercial Facilities Program
IE has successfully inspected all industrial / commercial facilities within the City of Bell Gardens a total of three times. After several rounds of inspections, IE has developed a database for all commercial and industrial facilities that is frequently updated. Our approach to inspections is to first confirm the facilities' BMPs are being effectively implemented in compliance with municipal ordinance, Our inspectors verify that the business is implementing effective source control BMPs for the pollutants generated by the commercial activity. If the BMPs are not adequately protective of water quality, we require additional site -specific controls. Each inspection is to be documented by an inspection report that includes a summary of the inspection with photographs. In the future, when the city obtains ArcGIS, we will send the SHP file for the city's records. The schedule will be provided to the city and the GiS file is updated automatically each working day as the inspections progress in real time. We shall also supply a link of completed inspection reports that will be updated at the end of the week to make it easy for city's to track our progress in confirming schedule deadlines.
As part of the inspections, our team takes advantage of the opportunity to fulfill the Business Assistance Program. IE implements the requirements of the Rusiness Assistance Program by providing technical information to businesses to facilitate our effort to reduce the discharge of pollutants In Stormwater. We accomplish this by providing California Stormwater Quality Association (CASQA) Industrial and Commercial BMP guidance specific to each business. We aid by explaining the material in the CASQA handout and by identlfying solutions highlighted in the handout to bring the business to compliance. Our team provides on -site and over the phone technical advice, both of which are logged In our electronic database. Many owners and operators contact our team to discuss potential solutions or if they have any questions regarding the BMP handout, we provide consultation to them and even go back to the sRe to discuss In person.
The City of Bell Gardens has two businesses with an Industrial General Permit. Within the Stormwater Multiple Application and Report Tracking System (SMARTS) we verify appropriate WDID number, and if all reporting requirements are fulfilled for stormwater discharges associated with industrial activities, As part of the program, our staff also searches through the business license list provided by the city to Identify If any business based on SIC codes are required to obtain an IGP. Any business that is not in compliance or resists complying will be issued a violation letter. Our team will coordinate with code enforcement to issue violation letters to bring the facility into compliance.
2. Planning and Land Development Program
As part of the Planning and Land Development Program, Jay 5hih shall coordinate with the city's Community Development Department to obtain a list of agreements with developers for both new developments and redevelopments over the past ten years to review and identify all t3MPs and their maintenance requirements. We shall dedicate a GI5 Layer to map the BMPs and create a schedule to inspect them all. There is a total of five 20 Infrastructure Engineers, a Bowman company I Municipal Engineering Services I November 9, 2023
Methodology (cont.)
QSPs serving the city that are capable of inspecting BMPs and creating reports and logs highlighting their discoveries and recommendations. GIS is the perfect tool for this purpose and can be used to alert our staff two years after the inspection has been completed to inform inspection commencement deadlines_ lE will request to be incorporated as part of the review process prior to issuing approval for final occupancy_ Our function will be to review operation and maintenance plan, monitoring plan and to verify ongoing maintenance provisions for LID practices. Part of the review will confirm that ail priority development projects retain on -site Storm Water Quality Design Volume (SWQDV). CEQA mitigation requirements will also be reviewed by our team 10 make sure they abide by all environmental requirements.
3. Development Construction Program
Our construction management department led by Masoud Sepahi comprises of many talented construction managers and inspectors that are intimately familiar with all Construction Program requirements set forth in the NPDES guidelines, All erosion control and sediment control plans will be reviewed and approved by our QSD! QSP personnel and will be on site as part of the inspection team to confirm adherence to all requirements to prevent illicit construction -related discharges of pollutants into the Ivls4 receiving waters. On the field our team will ensure all non-stormwater management and waste management housekeeping practices are adhered to,
For construction sites greater than one acre, ourGIS specialist will create a separate layer to develop an electronic system to inventory grading perrnits, encroachment permits, demolition permits, building permits and construction permits, As part of our inspection program, our inspectors will confirm that the project is enrolled in the Construction General Permit with an active WDID number and that the accompanying SWPPP shall be fulfilled.
4. Public Agency Activities Program
Our tearn understands that the intent of the Public Agency Activities Program is to prevent and minimize the impacts from MS4 discharges from Permitt.ee-owned and operated
facilities and activities. Our GIS specialist wiii have a designated layer for public facilities and activities such as parking lots, golf courses, swimming pools, materials storage yards, roads, catch basins and much mare. t :
will maintain and update the accuracy of the inventory
through collection of new information obtained through
field activities. All personnel will be equipped with a device accessible with GIS to be able to update any information regarding such facilities in real time.
5. illicit Discharge Detection and Elimination Program
lE will develop a program to where we shall act as the
database hub for collecting and monitoring Illicit Discharge reports from all departments. Our GIS Specialist shall
create a layer to highlight all the information collected from the responder and reporter. Latitude and Longitude information collected from the report will be ritiliaed to drop pins for all locations and will create a reminder to 21 infrastructure Engineers, a Bowman company [ Municipal Engineering Services I November 5, 2023
Methodology (cont.)
confirm that the issue has been resolved. Included M the GIS will have Information pertaining to the source investigation discoveries and discharge elimination methods. The discharge elimination method will comply with the city's spill response plan that includes procedures to prevent, contain, and respond to all spills that may discharge into the M54.
B. Public Information and Participation Program
As part of our commitment to educate the public IE will continue to reach the general population and ethnic communities regarding water qualify priorities. Call Hildebrand, our public outreach specialist has experience in creating story maps on ArcGIS and is experienced in creating brochures utilizing Al technology, it is in all our best Interests to help the public understand the Importance of stormwater management for environmental quality and local water resiliency. Brochures will be created in both English and Spanish and uploaded to Internet -based platforms, provided at commercial points of purchase, schools and community events. As part of the program Cali will also document and track the measured effectiveness in achieving our goals in educating the
community. From the results of the feedback received, we shall continue to evaluate our current materials and enhance hem to better suit the city's needs In achieving community participation.
Watershed Management / TMDL. Programs
In 2012, Aldan Mousavi attended the first Los Angeles River Upper Reach 2. (LAR UR2) Watershed. Management Program
WMP) meeting on behalf of Bell Gardens with the cities of Bell, Commerce, Cudahy, Huntington Park, Maywood, and
Vernon. Since then, if: has been involved with developing the Watershed Management Program for the City of Bell Gardens and achieving the milestones set forth in the plan, The WMP clearly characterizes water quality challenges and describes implementation actions and activities to demonstrate that M54 discharges achieve applicable Water Quality -Based
Effluent Limitations (WQBELs) and do not cause or contribute to exceedances of Receiving Water Limitations (RWLs).The WMP also enables the iterative Adaptive Management Process (AMP) strategy which IE will update every two years per M54 requirements.
The development of the WMP took two years and is a report our team In the watershed are very proud of. It also identifies structural and non-structural Watershed Control Measures (WCMs) that we still use to this day to address water quality priorities. The Water Quality Objectives (WQOs) were set using the calibrated model Identified in the Reasonable Assurance Analysis (RAA). Due to our history in developing the WMP, IE is intimately aware of a10 the requirements the city is responsible for when achieving a successful implementation.
The relevant Total Maximum Daily Loads (TMDL.) applicable to the LAR UR2 Watershed Management Area (WMA) are Nitrogen Compounds, Trash, Metals and Bacteria. Applicable target deadlines to address al! relevant TMt7Ls extend to the year 2037 and IE has been assisting the group reach their mllestones.The Identified method to achieve the city's goals is through a mix - use of BMPs for infiltration, detention, constructed wetland, treatment facility, low flow diversion, site -scale detention, careen Infrastructure, flow -through BMP and Source Control Treatment BMIPs.
Infrastructure Engineers, a Bowman company I Municipal Engineering Services Novernber9, 2023 22
ethodoly y (cont.)
8. Monitoring and Reporting Program
As with the WMP, IE spent two years in the development of the Coordinated Integrated Monitoring Program CIfvlP) for the City of Bell Gardens which will allow implementation of integrated approach to support the AMP as intended in the MS4 Permit. In the CIMP, seven storrnwater outfall-based monitoring sites are proposed which have water quality collected annually, from over 70% of the LAR UR2 WMA.The CIMP proposes both stormwater and non-storrnwater outfall--based monitoring that will support the Cities illicit (Discharge Elimination Program. IE. will follow the requirements set forth in than Monitoring and Reporting Program {MEP) to assess the chemical, physical, and biological impacts of MS4 discharges on receiving waters and compliance toTMDL wet -weather and dry -weather numeric limit Waste Load Allocations (WLAs), fE atilt utilize the CIMP results to identify and characterize pollutant loads and sources to Improve the effectiveness of pollutant controls implemented, Annual Reports and Semi -Annual Reports information will be collected all year and incorporated into GIS so that reporting will be readily available for the Director's review two months prior to the submittal deadline, We understand the seriousness of providing accurate reporting data which is why we will utilize GIS in organizing all information year-round and not collecting information before the deadline,
9. General stormwater Compliance Consultant Assistance
It is of vital importance to act as the city's representative when coordinating with all agencies such as LARWQCB, SWRCB, EPA, etc. while also providing hi -weekly updates to the city staff and elected officials regarding all NPDES-retated activities.
Our team is not only aware of the requirements set forth in the permit, WMP and CIMP but also has the expertise to provici hydrology analysis and to design various storrnwater quality projects such as Infiltration wells, storage tanks, wetlands, diversion facilities, detention basins, biofiltration, permeable pavement and more. IE can provide reporting, design, cost estimation and has relationships with vendors to be familiar with long lead items to propose alternative solutions for quick construction. IF. has also worked with Measure W to obtain funding for various projects such as the Veterans Park Project. W are aware of all Safe Clean Water funding requirements and envision securing additional funding for future projects.
Infrastructure Engineers, a Bowman company I Municipal Engineering Services I November 9, 2©23 23
Methodology (cont.)
Environmental Compliance and Permitting
Preserving the environment is essential to the health and safety of our society and is an important service to IE. With a focus on minimizing environmental impacts, IE offers cost-effective solutions to clients in the public sector, the private development industry, and within the conservation cornmunity on how to de& with issues such as water scarcity, climate change, managing environmental liabilities, regulatory obligations, risk management, and good environmental stewardship, IE offers a unique portfolio of extensive experience in natural resource inventories, wetland delineations, habitat assessments for threatened and endangered species, and surveys for conservation, development and infrastructure improvement projects. We also provide environmental services such as planning, compliance, and permitting, and we have developed, or contributed to, numerous regional habitat conservation plans (VICPs), statewide parks planning assessments, and endangered species research, planning and compliance projects.
What We Do Best
• History of successfully providing environmental
services, with particular expertise in services related to natural resource identification, management,
conservation, and planning.
• Finding cost effective solutions to protect the
environment and navigate ever-changing local, state,
and federal regulatory requirements.
= Keen understanding of market demands and trends.
• We help to deliver smarter, healthier, and
environmentally sensitive communities.
Our Experts
Bowman is passionate about finding the best solutions
for our clients, and strives to provide innovative
answers to their environmental needs. Our licensed
professional staff includes:
• Professional Wetland Delineators
• Qualified Environmental Professionals
• Certified Wildlife Biologists
• Certified Arborists
• I_EED° Accredited Professionals
infrastructure Engineers, a Bowman company I Municipal Engineering Services l November9, 2023 24
Methodology (cont.)
Natural Resource Surveys and
Assessments
• Wetland and Waters of the US,
Delineations
• Natural Resources Inventories
• Wildlife and Vegetation Surveys
- Threatened and Endangered
Species Surveys
• Habitat Assessments
• Habitat Conservation Plans
• Forest Stand Delineations
• Water Quality Assessment
• Soils, Geological, and
Geonnorphological Assessment
• Chesapeake. Bay Preservation Area
Studies
Environmental Planning and
Management
Natural Resources Management
Plans
• Endangered Species Conservation
and Management
• Land and Wildlife Management
Plans
Forest Conservation Plans
Wetland Creation and
Enhancement Design
Stream Restoration and
Enhancement Design
• Native Vegetation Restoration
• Conservation Easement Baseline
Reports and Inspections
• Urban Redevelopment
Bowman's project experience reflects a broad ran
departments work in concert to provide the un -
your project needs in-house. We focus oncaref}..pr.
through at every phase of your project.
Environmental Compliance
• Section 404/401 Permitting and
Compliance
• lNetland and Stream Mitigation
Monitoring
State Based Environmental Compliance
Documentation (Ex. CEQA)
• NEPA Documentation
• Section 7 Endangered Species Act
Consultation
Cumulative Effects Assessment
NPDES Permitting
Stormwater Pollution Prevention Plans
•
Phrase I Environmental Site
Assessments
• Phase II Environmental Site
Assessments
• Hazardous Waste Management
Infrastructure Engineers, r+ Bowman company I Municipal Engineering Services I November., 2023 as
Management and Staffing
MARTHA ORGANIZATIONAL STRUCTURE
City of Bell Gardens
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Management and Staffing (Cont.)
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City of Bell Gardens
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Management and Staffing (cent.)
CONSTRUCTION MANAG@Ml'NT OROAN$ZAfiRTNIN STRUCTURE
City of Be44 Gardens
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Management and Staffing (cant.)
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Malta Durand
Jahn More
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City of €3ell Gardens
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PE Chrfstophal L.y, PE
Itnmert Koh h1, MS
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Jennifer Sanllll
® Jaalin Murray.
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Management and Staffing (cont.)
RIPOTSd MS4 PfftIMITCORYQ(,WAWCE ORGAMUTTON AL STRUCTURE City of bell Gardens
4
Sid ousavi, SCE, PE
Principal -in -Charge
Education
M.S. Civil Engineering, California State
Polytechnic University, Pomona
B.S. Civil Engineering, California State
Polytechnic University, Pomona
R.S. Irrigation Engineering, Azerbaijan
University, Iran
Registrations
Professional Civil Engineer:
California 0142645)
Qfxperfence prior to joining the i5rrn
Experience
Prind pal -in -Charge I City of South El Monte, CA
Responsible for contract oversight of capital projects for the city, which included the Safe Route to School Project (Pedestrian Improvement Project), Durfee Avenue Project (Street and Median improvement Project), Thienes Avenue Project (Street Improvement Project), and the New Temple Park Improvements (Prefabricated Modular Restroonn),
City Engineer I City of Rd Gardens, CA
Responsible for approving all capital projects for the city and providing cost estimates and budgets for new and upcoming projects. Supervised various Infrastructure Engineers projects as the designated Principal -In -Charge. Participated in development meetings and provides support for various land development projects by establishing conditions for approval of projects. Supervised and directed traffic engineering and water engineering activities of the city. Attended City Council meetings and provided reports of engineering projects to the City Council. Oversaw the city's WOES program and M54 Permit compliance.
Principal -In -Charge S City of Brea, CA
Principal -in -Charge. Responsible for oversight of performance of professional services to provide plans, specifications and estimates (PS&E) for rehabilitation of alleys east of Brea Boulevard and south of imperial Highway to Date Street, Downtown Parking Structure 1 Sewer Line Upgrade, and Sewer Main Repair In Alley west of Brea Boulevard and south of Imperial Highway.
Principai-in-Charge i City of Lynwood, CA
Provided oversight of design, construction management, and inspection of street Improvements for Linden Street, Virginia Avenue. Walnut Avenue, Redwood Avenue, Elmwood Avenue, Olanda Avenue, and Las Flores Boulevard, The project included topographic surveying to address the drainage Issues, removal, and replacement of broken or missing gutters and curbs, subsurface Investigation of the existing asphalt structure, replacement of existing damaged or substandard driveways, removal and replacement of trees that have caused damage, design of ADA-compliant rarnps, and repair or placement of sidewalks, where necessary. IE also provided bid administration, construction management services, and inspection for these projects. interim City Manager, Director of Ptublic Works & Nanning and City Engineer I City of Baldwin Pork, CA
Served as Interim City Manager during a 14 -month vacancy at the City of Baldwin Park. Responsible for the development of the 540M annual operating and capital budgets, Including the identification of new revenue sources for the city, involved In labor negotiation with seven city labor groups. Also responsible for the enhancement of the city's public information and public relations materials, policy Infrastructure Engineers, a Bowman company I Municipal Engineering Services November 9, 2023 31
Sid ausavi, ;,SCE, PE
Principal -in -Charge
development and implementation, and general administrative oversight of the city's six departments and more than 300 employees, As Executive Director to the city's Community Development Commission, directed the city's redevelopment activities.
Also served as Executive Director of the Baldwin Park Housing Authority,, which provided housing services for Baldwin Park as well as the cities of Duarte, El Monte, Monrovia, and West Covina,
City Engineer I City of BO Gardens, CA
Served as the City Engineer under a general contract to provide City Engineer services. Responsible for ail capital improvement programs, land development, traffic engineering, water engineering and redevelopment engineering.
City Engineer J City of Montebello, CA
Responsible for all the city's engineering issues and projects, including overseeing the city's engineering staff, Also served as secretary to the Traffic Commission, preparing all reports and projects to the Engineering Division,
City Engineer I City of La Fuentes CA
Directed all the city's engineering issues and projects. Responsible for the engineer's budget and all engineering staff who were infrastructure Engineers employees working in City Hall. In addition, developed capital improvement programs, approved designs, and implemented projects.
Interim City Manager, Director of Public Works & Planning and City Engineer City of Baldwin Park, CA
Responsible for the direction and administration of a staff of 373 and budget of over $33M. Responsible tor such achievements as: reorganization of departments, employee development program. construction of Metrolink station, construction rsf 9 -acre park facility, pavernent management program, energy management system, eradication of graffiti within city, bridge rehabilitation, transit program and signal synchronization.
Director of Public Works and City Engineer City of Diamond Bar; CA Upon the city's incorporation, Sid was hired to set up the Public Works Department, with responsibility for direction and supervision of all public. works functions. While with the City of Diamond Bar, Interfaced with official offices such as City Council, City Commissions, City Manager's office, and other city departments and staff. Additional agency coordination included working with Caltrans, Los Angeles County agencies, A.ir Quality Management District, Walnut Unified School District, and community citizens and businesses.
Infrastructure Engineers, a Bowman company I Municipal Engineering Services [ November 9, 2023 32
asoud Sepahi, PE, L E
City Engineer and Director or Construction Management Services Education
B.S. Civil Engineering, Loyola
Marymount University
Structural /Civil Engineering,
California State University, Northridge
Registrations
Professional Cavil Engineer:
California (#52786)
Leadership In Energy and
Environmental Design Green Associate
(LEED GA)
"Experience prior to joining the firrn
Experience
City Engineer I City ofPlacenta, CA"
Masoud's responsibilities Included management and processing of all public works encroachment permits in addition to all other city engineering and management functions. Masoud was responsible for plan check, design review, and inspections associated with private developments throughout the city. He assisted the Director of Public Works with preparation of the Capital Improvement Program ((IP) budgets and monitored the expenditures in conformance with the Department's goals and objectives. He managed all design and construction contracts associated with the public works CIP program to ensure delivery of projects on time and on budget.
Masoud supervised and assigned work to in-house engineering, maintenance staff and consultant staff associated with CiP and plan -checking activities. His responsibilities also included negotiating and enforcing design and construction contracts, cooperative agreements, interacting with other cities and agencies, license agreements, lease agreements, schedules; and work plans to ensure projects were completed within expected timelines, material specifications, and budget.
He reviewed change orders, evaluated budgets, costs, and technical feasibility.
Conducted staff meetings with city personnel; attended meetings with other city departments, government agencies, private developers, contractors, and consultants to coordinate various protects and programs. (Prepared schedules and budgets for various projects and assist with preparation of the CIP and grant applications.
Reviewed and approved tract maps, parcel maps, lot -line adjustments and provided advice to the City Administrator planning and City Council regarding engineering and administrative issues, Prepared Agenda Reports on various actions required by the City Counci€. Attended City Council, Planning Commission, Traffic Commission, and other public meetings and made presentations on various engineering and construction proposals, contracts, engineering reports, and staff recommendations, Los Angeles Metropolitan Transportation Authority I City of Los Angeles, CA" As the Director of Construction Management, Masoud was responsible for the southerly portion of the Crenshaw / LAX Transit Project. This project was an eight - and -a -half -mile light -rail line, which connects the Expo Line on Exposition Boulevard to the Metro's Green Line at the Los Angeles International Airport.This $26 project consisted of eight Stations, eight aerial bridges over major streets and the l,.405 Freeway. During his tenure with. LA Metro, Masoud was responsible for management of all construction on the southern segment of the project, extending from the Greenline station to the outside of City of Inglewood, His responsibilities included management of the entire construction staff, reporting to executive management on construction progress and issues in addition to Interfacing with the city officials„ utility agencies, contractors, and designers. Also, working for Metro, Masoud was responsible for the management of three major Advanced Utility Relocation Contracts as part of the Purple Line Corridor Project. This project extended the infrastructure Engineers, a Bowman company I Municipal Engineering Services I November 9, 2023 33
asoud Sepah , PE, L E ► A
City Engineer and Director of Construction Management Services terminus at. Wilshire / Western westward for about nine miles with sewn new stations.
He performed Resident Engineering for three major contracts under this 54B transit project. Responsible for all of the utility relocations at three major intersections, La Brea and Fairfax In the City of Los Angeles and La Cienega at the City of Beverly Hills.
Duties included management of construction and design staff, interaction with utility agencies, contractors, designers and city officials.The advance utility contracts paved the way for mass excavation of the subway stations.The relocation of over 150 major utility lines had to be designed and constructed within a very aggressive schedule to ailow for the next phases of the project to start'. As the Director of Construction Manager, Masoud was responsible for delivery and relocation of major storm drains, sanitary sewer, electrical power lines, telecommunication, water, gas, and many other utilities, which had to he relocated within a very aggressive schedule.
MARRS Services I Fullerton, CA"
Principal. As the principal for MARRS' facilities, and transit divisions, Masoud was responsible for managing construction management staff and multiple contracts with various public agencies. His responsibilities included management, of multiple civil engineering projects, reporting to executive management and interaction with clients, His other responsibilities included development and implementation of marketing strategies, preparation of staffing pans, preparation and analysis of company budgets and finances in addition to interaction with existing and potential new clients. Some of the major projects under his management Included: LAX r Crenshaw1fansit Corridor, Advanced Utility Studies, LAWA Water Systems modeling, LAX Ind Level Roadway and Deck Repair, Metro On -call bus Facility construction management, Cesar Chavez Roundabout Project, LAX South Runway Improvements in addition to many other infrastructure improvement projects.
GKK Works f lrvrrre, CA"
As Program Director, Masoud was responsible for C,KK's Construction Management for various public works facility projects. Some of these projects included: Police Administration Building, San Bernardino International Airport Facility Improvements Program, Third party review for all new developments for the Inland Valley Development Agency (IVDA.), runway drainage studies, conceptual design and modifications for terminal buildings, facility and site assessment, demolition of buildings and lac lRies at the airport, master planning, and third -party reviewer for ronstruction of large warehouses for the IVDA. On behalf of IVDA, he also worked with private developers for development of large cargo storage and distribution centers near the airport.
Kellogg Brown and Root (KBR)
As the KSR's Construction / Design Manager for the western region, he was re.sponsib;efor KBR's projects in the Southern California region. His duties included contract negotiations with clients and sub -consultants, mar'raging and administering Infrastructure Engineers, a Bowman company I Municipal Engineering Services I November 9, 2023 34
asou Sepahi, P , LEE
City Engineer rand Director of Construction Management Services projects In addition to managing engineering staff and sub -consultants. As the design manager for the Airside Improvement Program (AIP) at Bush Intercontinental Airport, he was responsible for the management and supervision of the design staff and +ip to 100 sub -consultants. His responsibilities also included management of multiple design contracts to ensure compliance with the project budget and schedule in addition to the client's guidelines and regulations. Provided routine project status reporting on the work performance and productivity of designers and their subconsultants. He also reviewed and approved designer's invoice for compliance with provisions in the contract including minority participation requirements. He managed the design and construction of many projects, under the AIP program
Project /Construction Manager ] City of Los Angeles, CA*, M a City of Los Angeles engineering staff, Masoud worked on many Infrastructure programs and projects, some of which include the Police Bond Program, Los Angeles Convention Center Expansion, Tom Bradley Terminal at LAX and many other small to large municipal facility construction and renovations. Masoud worked at the Departments of Public Works and Building and Safety, where he was responsible for plan check activities for Public Works improvements in addition to residential and commercial buildings. He was responsible for reviewing and evaluating the work. of professional and technical employees engaged in the preparation of designs, plans, specifications, estimates, environmental studies, budgeting, scheduling and reports on major engineering projects. Supervised and directed engineering staff and activities in connection with design, construction, maintenance, inspection, and operation of a wide variety of engineering projects. As part of the Earthquake Recovery Division, Masoud managed the recovery and renovation of buildings after the Northridge earthquake in the Sari Fernando Valley.
infrastructure Engineers, a Bowman company j Municipal Engineering Services I November9, 2023 35
au las eras , PE,
s
s
Development Engineer, OP Manager and Water Quality Engineer Edctcatiorf
k3.S, Civil Engineering, California State
University, Pomona
Diploma in Roads Computer Program,
California State Polytechnic University,
Pomona
Registrations
Professional Civil Engineer:
California i#53935)
Qualified SWPPP Practitioner (QSIP)
/Qualified SWPPP Developer (QSD):
California (#53935)
*Experience prior rejoining the firm
Experience
City Engineer I City off a Palma, CA
Douglas acted as the Qty Engineer at the City of La Palma for three years, His tasks included reviewing design professional proposals to prepare project construction documents, coordinating and scheduling with staff, managing the Capital improvement Program, overseeing the staff management through project completion, and providing analysis of requests for information, change orders, time / material verification and project closeouts. Douglas also worked on a variety of projects including, but not limited to, street improvements with concrete repairs and ADA improvements on local residential streets, La Palma Avenue and Valley View street improvements, Community Center flooring, and engineering water well casing improvements. Douglas coordinated with the City of Cerritos for the bridge replacement project on La Palma Avenue/ Del Arno Ave..nue Coyote Creek crossing.
This project involved coordination between Orange County and Los Angeles County funding agencies, OCTA, Caltrans, and Metro.
lie provided development review to establish projects` conditions of approval while working with the Community Development Department on multiple development projects, including but not limited to, a McDonald's restaurant remodel, Center Pointe commercial development parking improvements and industrial parking and storm water improvements, including filing of environmental documentation per CEQA. Dougl as was responsible for preparing and presenting City Council staff reports and Traffic Safety Committee reports. Furthermore, he worked with staff to prepare OCTA grant funding applications for street and storm drain improvements., and documentation preparation to maintain OCTA Measure M street improvement funding. Lastly, Douglas worked with staff to coordinate storm drain improvements,, sewer improvements, traffic engineering services, and regulatory compliance as well as providing direct coordination with the Public Works Department staff.
City Engineer I City of Bell Gardens, CA
Responsible for division -wide, high-level leadership, management, supervision,arrd administration of an engineering division, its staff, and extended resources, Plans, directs, supervises, and reviews activities of the division, including CIF' projects, land development, and databases. Works with all phases and types of municipal infrastructure projects and all levels of personnel to see those projects through to successful completion.
City Engineer I Deputy Director of Public Works I City of Monrovia, C4 Doug managed the engineering operations for the city, inclusive of budget, development and redevelopment projects, capital improvements, regulatory compliance, general and traffic engineering, utilizing the staff to complete the priority projects of the Department. In addition, he had continued and initiated several programs to implement environmental accords focusing on storm water, •fl c infrastructure Engineers, a Bowman company f Municipal Engineering Services I November 9, 2023 36
ou has mash, PE, SP / •' S
Development Engineer, CIP Manager and Water Quality Engineer control, LEER building standards and utility impacts for the city. Doug performed general engineering duties for the city, including procuring design professionals to prepare project construction documents, performing plan check services, initiating construction contract procurement procedures, managing projects to completion, provtding analysis of requests for information, change orders, time / material vertticativn and protect closeout.. Projects Included building construction and renovation, site designs, Integration of private development improverents, heavy and light rail projects, street construction, street improvements, storm drain Improvements, underground water and sewer improvements, including coordinating various funding sources, regulatory compliance, and managing the engineering and field staff of the Public Works Department. Doug had an Integral part in successful completion of these projects:
Old Town Theater Streetscape Improvement Project- Project management and coordination with the developer to complete the .street Improvements with the grand opening of the theater
Skate Park Construction Project- Design oversight through construction management and completion
Youth Center Construction Project - Design oversight and review through construction management and completion
Old Town Myrtle 5treetscape Improvements - Design oversight and review through construction management and completion, Work coordinated with an active Old Town merchant association
Water and sewer utility projects, mainline replacement, and capital' improvements
Storm water regulatory compliance and program implementation Project Manager j Cities of Montebello and Bell Gardens, CA, Douglas was project manager during the design phase and construction manager on numerous successfully completed federally and locally funded street improvement projects, which included complete ADA ramp improvements at intersections with associated coordination with private property improvements.
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