14-F
TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works Sarah Ho, Public Works Manager
SUBJECT:Consideration and possible action to authorize the City Manager to execute Agreement File No. 809.3, in a form approved by the City Attorney, with Southstar Engineering & Consulting, Inc., to provide construction management and inspection services for the Bellflower Youth and Senior Center Project.
DATE:April 28, 2025
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute the agreement (Agreement File No. 809.3), with Southstar Engineering & Consulting, Inc. (Southstar), for construction management and inspection services for the Bellflower Youth and Senior Center Project.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 809.3 with Southstar Engineering & Consulting, Inc., in a form approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
This total construction management and inspection services costs amount to $1,263,232 and is included in the Fiscal Year 2024-25 Capital Improvements Project budget for the Bellflower Youth and Senior Center in Account No. 011/030-47604-9000-116.
DISCUSSION
In July 2024, the City issued a Request for Proposals for on-call construction management and inspection (CM/CI) services. After a thorough review of the proposals, followed by interviews with each firm, on-call contracts were awarded to the top four firms, one of which is Southstar (AFN 809.2).
Following the City Council decision to reject all bids received for the Bellflower Youth and Senior Center Project in June 2024, staff issued a Task Order to Southstar to utilize their experience to assist with the development of an improved project specification package, including constructability reviews, assistance with the revised bidding process and bid evaluations, support through the second bid process and other pre-construction services. -1-
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Staff Report – AFN 809.3 Southstar Engineering & Consulting, Inc.
April 28, 2025
DISCUSSION – Continued
With construction on the project starting, and the activities associated with Task Order No. 3 expected to be completed in May, a new agreement is needed for CM/CI services for the remainder of the project.
Public Works staff requested a proposal from Southstar to provide overall construction management through the completion of the project. Southstar provided a proposal that includes a Construction Manager, an Assistant Construction Manager and a Field Inspector. The Southstar team will coordinate all activities between the City, the design and architect firms and the contractor including project schedule management, review of submittals, change orders and RFI’s, overall contract administration, project meetings, quality assurance, progress pay documentation, as-built drawings, necessary specialty inspections, field measurements and materials testing. The total proposed cost for these services is $1,263,232 and includes a contingency if delays or unforeseen issues arise.
Additionally, Southstar’s proposal includes a reduction in their master on-call agreement rates which amounts to an overall discount of $50,432 to the City. Typically, a CM/CI contract will range from 15-18% of the estimated cost to construct a project. Southstar’s proposal amount is 11.8% of the awarded construction amount.
The Southstar team has been a key part of the City’s Public Works team for the last several years and has worked on several projects either by providing design services or CM/CI services, including the Bellflower Blvd. Widening Project. Their familiarity with City processes, coupled with the involvement with the Bellflower Youth and Senior Center project to date, is pivotal to the overall success of the project and in the best interest of the City at this time.
ATTACHMENT
Southstar Engineering & Consulting, Inc. Agreement ..................................................... 3 -2-
AGREEMENT FILE NO. 809.3
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
SOUTHSTAR ENGINEERING & CONSULTING, INC.
FOR CONSTRUCTION MANAGEMENT AND CONSTRUCTION INSPECTION
SERVICES FOR THE BELLFLOWER YOUTH AND SENIOR CENTER PROJECT THIS AGREEMENT is entered into this 28th day of April 2025, by and between the CITY OF BELLFLOWER, a municipal corporation and charter city (“CITY”) and SOUTHSTAR ENGINEERING & CONSULTING, INC., a California corporation (“CONSULTANT”).
1.CONSIDERATION.
A.As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B.As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $1,263,232 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “A,” which is incorporated by reference.
2.SCOPE OF SERVICES.
A.CONSULTANT will perform services listed in the attached Exhibit “A,” which is incorporated by reference.
B.CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3.PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
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City of Bellflower
Agreement File No. 809.3
Southstar Engineering & Consulting, Inc.
4.PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “A”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
5.NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6.ADDITIONAL WORK.
A.CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.
B.If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. Payments over $25,000 for Additional Work must be approved by CITY’s city council. All Additional Work will be subject to all other terms and provisions of this Agreement.
7.FAMILIARITY WITH WORK.
A.By executing this Agreement, CONSULTANT agrees that it has:
i.Carefully investigated and considered the scope of services to be performed;
ii.Carefully considered how the services should be performed; and iii.Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
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City of Bellflower
Agreement File No. 809.3
Southstar Engineering & Consulting, Inc.
B.If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.
8.TERM.
A.The term of this Agreement will be from April 28, 2025 to December 31, 2026. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
B.Completion of the work specified in Exhibit “A”;
C. Termination as stated in Section 15.
9.TIME FOR PERFORMANCE.
A.CONSULTANT will not perform any work under this Agreement until:
i.CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii.CITY gives CONSULTANT a written notice to proceed.
B.Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11.CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
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City of Bellflower
Agreement File No. 809.3
Southstar Engineering & Consulting, Inc.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
14. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
15. TERMINATION.
A.Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B.CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
E.Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F.By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
16. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement -6-
City of Bellflower
Agreement File No. 809.3
Southstar Engineering & Consulting, Inc.
constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
18. INDEMNIFICATION.
A.CONSULTANT agrees to the following:
i.Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct,
ii.Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B.For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers. -7-
City of Bellflower
Agreement File No. 809.3
Southstar Engineering & Consulting, Inc.
C.It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
19. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
22. INSURANCE.
A.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers’ compensation Statutory requirement
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City of Bellflower
Agreement File No. 809.3
Southstar Engineering & Consulting, Inc.
B.Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
E.CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F.Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 15.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf -9-
City of Bellflower
Agreement File No. 809.3
Southstar Engineering & Consulting, Inc.
upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:If to CITY:
Attention: Yvette Kirrin, P.E. President Attention: Len Gorecki, Assistant City Manager/Director of Public Works
Southstar Engineering & Consulting, Inc.City of Bellflower 1945 Chicago Ave. Unit C-2 16600 Civic Center Drive
Riverside, CA 92507 Bellflower, CA 90706
626-644-8058 (562) 804-1424
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.
27.☐This Section applies only if box is checked.POLITICAL REFORM ACT.CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed -10-
City of Bellflower
Agreement File No. 809.3
Southstar Engineering & Consulting, Inc.
the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
34.SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
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City of Bellflower
Agreement File No. 809.3
Southstar Engineering & Consulting, Inc.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.
36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [SIGNATURES ON NEXT PAGE]
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City of Bellflower
Agreement File No. 809.3
Southstar Engineering & Consulting, Inc.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER SOUTHSTAR ENGINEERING &
CONSULTING, INC.
_________________________________________________________ Ryan Smoot, City Manager Yvette Kirrin, P.E., President ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_____________________________
Karl H. Berger, City Attorney Taxpayer ID No.20-5648626 ATTACHMENT:
Exhibit A – Scope of Services
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DCCM | 1945 Chicago Ave, Unit C-2, Riverside, CA 92507 | 951.342.3120 | DCCM.com April 7, 2025 Via: E-Mail
Mr. Len Gorecki, Assistant CM & Public Works Director
City of Bellflower
Re: Proposal for Construction Management & Inspection Services Bellflower Youth and Senior Center Project
Dear Len.
Southstar | DCCM is pleased to provide this proposal to provide continued CM & Inspection support services for the above subject project. The following pages include a narrative detail of our approach, methodology and cost to complete the project over the next 18 months.
Introduction
Southstar | DCCM is pleased to submit this proposal to provide construction management and inspection (CM & I) services for the Bellflower Youth and Senior Center Project. As an incumbent to the City of Bellflower’s on-call construction management contract 809.1, Southstar DCCM has been actively engaged in the early stages of the project under Task Order 3 since October 2024 for an initial $250,000 of CM & I services, specific to preconstruction activity. Our team is committed to ensuring the successful and timely delivery of this critical project for the City of Bellflower, which this proposal details how our Team will continue our CM & I efforts for an additional 16 months beyond the budgeted time included in our original Task Order, via a new Professional Services Agreement (PSA).
Project Background
In September 2024, Southstar | DCCM was awarded the City of Bellflower’s on-call construction management and inspection services contract (809.2). Our team began assisting the City with the Bellflower Youth and Senior Center Project under Task Order 3 as part of our former contract 809.1, providing initial services including constructability reviews, assistance with bidding and evaluation, and support through a protest and re-advertisement process.
On February 10, 2025, Cal-City Construction was awarded the $10.7 million construction contract for the project. The current Task Order is anticipated to last until mid-May 2025, at which point a new PSA is required to cover the remaining 16 months of construction, oversight, and inspection services.
Southstar | DCCM proposes to continue supporting the City of Bellflower as the construction manager and inspector for the remaining project duration, ensuring all activities are conducted in compliance with the contract, plans, and specifications.
Scope of Work
Southstar | DCCM will provide the following services for the Bellflower Youth and Senior Center Project:
Construction Manager’s Responsibilities:
· Schedule Management:
o Review and approve the contractor’s schedule for conformance with project specifications and reasonableness of sequence and duration of activities.
Exhibit "A"
Scope of Services
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Bellflower Proposal
April 7, 2025
Southstar | DCCM | 1945 Chicago Avenue, Unit C-2, Riverside, CA 92507 | 951.342.3120 | Southstar.DCCM.com o Notify the contractor of any identified schedule delays that could impact the overall project completion.
· Submittal Review:
o Lead the review of all contractor submittals, ensuring compliance with contract requirements.
· Contract Administration:
o Track and calculate contract item pay quantities.
o Oversee material sampling and testing processes.
o Monitor the contractor’s performance to ensure compliance with project plans, specifications, permits, and agreements.
· Project Meetings:
o Conduct weekly project status meetings and periodic site visits to review progress and address concerns.
· Quality Assurance:
o Take all reasonable actions to safeguard the City of Bellflower against defects and deficiencies in the contractor’s work.
o Verify the fulfillment of contract provisions and overall project goals.
Assistant Construction Manager’s Responsibilities:
· Administrative Support:
o Assist with submittals and documentation, ensuring proper tracking and record-keeping. o Oversee document control via Procore, ensuring up-to-date project files. · Change Order Management:
o Receive, process, track, and document project requests for Contract Change Orders (CCOs).
o Maintain a CCO log for the duration of the project.
· Request for Information (RFI) Management:
o Track and review RFIs, coordinating with the designer, CM, and contractor to ensure timely resolution.
· Progress Payment Documentation:
o Prepare progress payment documents based on the process established with the City Project Manager.
o Submit payment documentation to the City of Bellflower Project Manager for processing and contractor payment.
· As-Built Drawings:
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Southstar SEEM
Bellflower Proposal
April 7, 2025
Southstar | DCCM | 1945 Chicago Avenue, Unit C-2, Riverside, CA 92507 | 951.342.3120 | Southstar.DCCM.com o Maintain current as-built drawings throughout the construction phase. o Ensure that updated contract plans are provided to the contractor and that as-built plans and electronic files are delivered to the City of Bellflower before project closeout.
Field Inspector’s Responsibilities:
A full-time quality assurance inspector will be on-site to monitor daily activities and ensure compliance with safety, quality, and contract documents.
· Inspection:
o Monitor contractor work for safety, quality, public convenience, and compliance. o Document progress through daily diaries and photos, tracking change order work. · Field Measurements:
o Perform measurements of contractor work and record them for payment calculations. · Material Testing:
o Coordinate material sampling and testing, tracking and reviewing results. · Issue Resolution and Final Inspection:
o Provide input on solutions for various project challenges. o Develop punch lists and conduct final inspections to ensure the project meets specifications.
Specialty Inspection:
· A specialty inspection for grading, concrete, CMU, and other miscellaneous deputy inspection work will be required for approximately six months.
Resource Plan and Staffing
The following team members will be assigned to the project:
1. Mr. Hogg (Construction Manager)
o Estimated 25 hours per week on-site.
2. Assistant Construction Manager / Project Engineer / Office Engineer o Full-time support for day-to-day engineering and administrative tasks, document control, and coordination with the contractor.
3. Quality Assurance Inspector
o Full-time inspector for daily monitoring and documentation.
4. Specialty Inspectors
o Additional support for grading, concrete, and other deputy inspection tasks.
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Southstar SEEM
Bellflower Proposal
April 7, 2025
Southstar | DCCM | 1945 Chicago Avenue, Unit C-2, Riverside, CA 92507 | 951.342.3120 | Southstar.DCCM.com Cost Estimate
The total proposed cost for the remaining 16 months of the Bellflower Youth and Senior Center Project is approximately $1,263,232. This budgetary estimate covers all aspects of construction management, inspection services, and specialty inspections. We have reduced our rates from the master on-call (801.2) contract rates, offering a discount of $50,432 over the project duration as a demonstration of our commitment to the City’s success. Attachment 1 on the following page provides the backup regarding our cost estimate.
Conclusion
Southstar | DCCM is honored to continue our support of the City of Bellflower in delivering the Bellflower Youth and Senior Center Project. Our experienced team, proven methodology, and commitment to excellence will ensure the project is completed on time, within budget, and to the highest quality standards.
Thank you for entrusting Southstar DCCM with this important project. We look forward to working closely with the City of Bellflower to bring this legacy project to fruition.
Sincerely,
Yvette Kirrin, PE
President, Southstar DCCM
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Southstar SEEM
DCCM | 1945 Chicago Ave, Unit C-2, Riverside, CA 92507 | 951.342.3120 | DCCM.com ATTACHMENT 1 – COST PROPOSAL (Page 1 of 2)
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Bellflower Proposal
April 7, 2025
Southstar | DCCM | 1945 Chicago Avenue, Unit C-2, Riverside, CA 92507 | 951.342.3120 | Southstar.DCCM.com ATTACHMENT 1 – COST PROPOSAL (Page 2 of 2)
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