1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of January 11, 2022 by and between the City of Commerce, a municipal corporation ("City") and Lost West (“Consultant”).
City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide professional services for the preparation of landscape architecture & engineering plans, specifications and engineer’s estimate for the median improvements for the existing street medians on Eastern Avenue from I-5 Freeway to Randolph Street, and on Garfield Avenue from Ferguson Drive to Gage Avenue as set forth in the Scope of Services attached hereto as Exhibit A; and WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement. This Agreement shall commence on January 11, 2022 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than December 31, 2022, unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed $100,000.
C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, 2 Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City of Commerce
City of Commerce
2535 Commerce Way
Commerce, CA 90040
Attn: Edgar P. Cisneros, City Manager
Lost West
Lost West
5208 Townsend Avenue
Los Angeles, CA 90041
Attn: Robert Mekjian, President
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY
CITY OF COMMERCE
By: ______________________________ ______________________ Leonardo Mendoza, Mayor Date
CONSULTANT
Lost West
By: _______________________________ ________________________ Robert Mekjian, President Date
ATTEST:
By: ______________________________ ________________________ Lena Shumway, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________ Noel Tapia, City Attorney Date
6 January 2022
1 EXHIBIT A
SCOPE OF WORK
A C A L I F O R N I A C O R P O R A T I O N
PROPOSAL
LANDSCAPE ARCHITECTURE & ENGINEERING PLANS,
SPECIFICATIONS, & ENGINEER’S ESTIMATE
For the median improvements for the existing street medians on Eastern Avenue from I-5 Freeway to Randolph Street, and on Garfield Avenue from Ferguson Drive to Gage Avenue
SU B M I T T E D 6 DEC. 2021 BY T E A M CO M P O S I T I O N
LOST WEST L O S T W E S T
E s t . 1 9 8 7 LANDSCAPE ARCHITECTURE
Contact Person for this Proposal: ELIE FARAH INC.
Robert Mekjian, ASLA, RLA, President Civil Engineering
E: [email protected]
C: (760) 533-7338 Converse Consultants
www.lostwest.com Geotechnical Engineering
CO N T E N T S
Scope of Services, Meetings, Fee, Assumptions, Exclusions 2 – 5 Resumes 5 – 18
2 Scope of Services
Preliminar y Design
Kick-off Meeting on Zoo m
LOST WEST and EFI Engineering will meet with the City via Zoom to discuss the project goals, existing site factors, and budget.
Site Background File
EFI Engineering will prepare base sheets in Autocad that will show medians and centerline stationing for landscaping and irrigation plans purposes. The plans will be compiled from Aerial photographs, record drawings from the County and City, and field measurement done with a measuring wheel. The base sheets will be adequate for Landscaping and Irrigation design purposes only. This is not a topographic survey, Photogrammetric mapping, or rectified Aerial survey.
LOST WEST will walk the site to locate and note the condition of existing trees, irrigation sources, and electrical sources, which shall all be noted on the background file. We will also collect a soil sample from a representative median on Eastern Ave., and the same on Garfield Ave., for testing by an agronomy lab, which shall provide recommendations for soil amendment and fertilizing.
Site Percolation Study
Converse Consultants will perform Geotechnical services consisting of site explorations to determine the existing soil conditions and the performance of percolation testing. Two (2) tests will be conducted within the medians along Eastern Avenue, and Two (2) tests will be conducted within the medians along Garfield Avenue. Percolation testing will assess the permeability of the on-site soils and determine whether storm water infiltration facilities would be suitable as part of the proposed improvements.
Design
LOST WEST
Develop planting and materials palettes for each street Create a material sample file in color for City review and comment 3 Meet with the City Tree Arborist on-site to review the condition of the existing trees, and develop a list of those that they recommend be retained and those that should be removed
Schematic paving and planting design for each median will follow the City review and comment
Create One (1) street view colored rendering for a typical median on Eastern Ave. and One (1) of the same for a typical median on Garfield Ave., illustrating the design scheme for City comment
Email pdf files of schematic design (30% submittal) to City for review EFI Engineering
Design an infiltration system adequate for each landscaped median using the data collected from the borehole testing
Construction Plans, Specifications, and Estimate s
LOST WEST
Finalize paving and planting design based upon City input Create a construction plan set consisting of the following:
Cover Sheet, with general notes, Area & sheet maps, sheet index, and water-use calculations for each planted median
Landscape Improvement Plans at Twenty Scale showing every existing median, with dimensions for paved areas, and planting Irrigation Plans at Twenty Scale showing irrigation POC, backflow device, master valve, station valves, controllers, and sensors for each planted median
Landscape Details, for median paving, irrigation, and planting Specifications in MS Word format for incorporation into City Invitation to Bid documents
Cost estimate in MS Excel spreadsheet format
Email plans to City at 60% and 90% for review and comment EFI Engineering
Storm Water Infiltration Plans, Technical Specifications, and Cost Estimate.
Infiltration Plans will incorporate Converse Consultants borehole locations, data, and final report
4 Coordination with utility companies regarding their facilities to be impacted. Utilities include sewer, water, storm drain, street lights, traffic signals, and So. Cal. Edison
Construction Period Support
LOST WEST
Respond to RFI’s and product cut-sheet submittals by Contractor during construction to a maximum of Four (4) hours
One (1) Site visit at the end of construction to observe project completion and write a punch list for any incomplete items, to assist City project manager with project close-out
Meetings
LOST WEST will attend Zoom progress meetings every other week with City staff to a maximum of Six (6) meetings. EFI Engineering is scheduled to attend Four (4) of these Zoom meetings.
Fees
The fees for the above Scope of Services shall be $100,000.00 itemized as follows:
LOST WEST $44,600.00
EFI Engineering 40,220.00
Converse Consulting 15,180.00
Services shall be invoiced on a percentage completion basis as agreed between the City and LOST WEST as the project progresses.
Should the City require additional Percolation Testing the cost shall be $1,350.00 per additional test only if ordered at the same time as the testing is occurring. Otherwise additional mobilization and set-up fees will apply. Should the City require additional meetings, the cost shall be $350 per attendee per meeting
Assumptions
o It is assumed that exploration permits will not be required for the geotechnical work. If one is required, the City will provide a no-fee permit. 5 o All field work will be done during normal weekday working hours and that access to the medians will not require the closing of any lanes or any traffic control measures
Exclusions
The following services are excluded from the above Scope of Services:
o Monument signage design or lighting design
o Relocation of any roadway or area lights, vaults, conduits or meter boxes o Photometric calculations
o Water & sewer plans, Grading plans, Storm Drain plans, Street Light plans, or Street Improvement plans
o Topographic survey, photogrammetric mapping, or rectified aerial survey o Hydrology & hydraulics reports, or structural calculations o Easements, legal descriptions, Right-of-Way maps
o Traffic studies or traffic control plans
o SWPPP, WQMP, or any water quality reports
o Processing plans through LACDPW, railroad, or Caltrans o Filing or processing of federal funding forms
o Any governmental agency fees, application fees, plan check fees, or any other fees that must be paid to any other party
o Obtaining signatures from other parties on plans, application forms, clearance documents, or any other documents or forms
o Redesigns after the commencement of construction drawings o Perspective renderings other than the number stated
o Any cost for a geology report, or title report
o The cost of any other professional services that may be required such as, but not limited to, geologist, structural engineer, or electrical engineer o Construction surveying including a Horizontal Control Plan, construction management, and construction inspection. Any Certification required by the Engineer shall be an additional fee item
o Construction Site visits or management more than stated above Resumes of the Team follow this page
6 COMPANY RESUME
LOST WEST is comprised of Mr. Robert Mekjian, ASLA, California Landscape Architect 3183, and Mr. Paul Nota, ASLA, California Landscape Architect 2973. Together they bring almost 75 years of experience to every project.
Education
Robert Mekjian, ASLA – President
California Landscape Architect – 3183
CA C-27 Landscape Contractor – 532793
Bachelor of Science Degree, CA Polytechnic State University, San Luis Obispo; Study Abroad England & Germany
Paul Nota, ASLA – Secretary/CFO
California Landscape Architect – 2973
CA C-27 Landscape Contractor – 595215
Bachelor of Science Degree, Cal Poly San Luis Obispo
Relevant Experience
Florence Avenue Medians, Bus Shelter Areas, Planted Roadway Bulb-outs, Street Trees Bear Avenue to Walker Avenue; City of Bell
Median Projects for Astor Avenue, Commerce Way, and Atlantic Blvd.
City of Commerce
Perimeter Access Road Medians and Parkway Trees
California State University San Bernardino
Campus Avenue & Northpark Blvd. Medians
City of San Bernardino
Rosemead Blvd. Medians and Parkways
City of Temple City
Mission Avenue Medians
City of Alhambra
Crenshaw Blvd. Parkway & Chevron Easement Improvements
City of Torrance
7 Related Experience
ALMANSOR, STORY, AND ALHAMBRA PARKS
CITY OF ALHAMBRA
NEW FIRE STATION NO. 1 SITE & PARKING DESIGN; DEL NORTE PARK CENTRAL BARK DOG PARK REDESIGN
CITY OF WEST COVINA
CITY HALL PLANTING DESIGN
CITY OF COVINA
NEW LID PARKING LOT & DOWNTOWN BUSINESS DISTRICT GATEWAY
CITY OF TEMPLE CITY
CASCADES, ELDER, HIGHLANDS, LA LOMA, AND SUNNYSLOPES PARKS IMPROVEMENTS
CITY OF MONTEREY PARK
RIVER ROAD POCKET PARK REDESIGN
CITY OF CUDAHY
CHANCELLORS’ PARK, SPELLACY PARK, PASSIVE PARK, PINE AVENUE PARK
CITY OF SAN BERNARDINO
COMPANY AWARDS
Los Angeles Garden Show
“Garden of Distinction”, “Best Sustainable Design”, and “Most Water Efficient Design” Pasadena Beautiful Foundation
“Urban Design Award”, Audrey Brantley Court
California Department of Rehabilitation
“Building a Better Future” Competition, Merit Award
8 RESUME
ELIE FARAH, MS, PE, TE, LS, QSD/QSP
PROJECT MANAGER/PROJECT ENGINEER
QUALIFICATIONS AND EXPERIENCE
EDUCATION
MASTER OF SCIENCE IN CIVIL ENGINEERING 1985
University of New Orleans, New Orleans, Louisiana
BACHELOR OF SCIENCE IN CIVIL ENGINEERING 1983
Louisiana State University, Baton Rouge, Louisiana
ASSOCIATES OF SCIENCE IN COMPUTER SCIENCE, 1981
Southeastern Louisiana University, Hammond, Louisiana
REGISTRATION
REGISTERED PROFESSIONAL CIVIL ENGINEER, CA #C42080
REGISTERED PROFESSIONAL LAND SURVEYOR, CA #LS8258
REGISTERED PROFESSIONAL TRAFFIC ENGINEER, CA TR #1926
QSD/QSP #21962
Mr. Farah is a registered Professional Civil Engineer, Licensed Land Surveyor, and Traffic Engineer as well as a certified qualified SWPPP developer and practitioner with a diversified background and more than 38 years of diverse experience. The following is a partial summary:
For the City of Commerce,
Provided Inspection and Construction Management for the Telegraph Street rehab project-2015.
Provided Inspection and Construction Management for the 61st Emergency PCC repair project-2015.
Provided design, inspection, and construction management for the Bus Shelter improvements, Phase IV Designed the City SRTS improvements. This project was based on an SRTS application. The three locations are for improvements around three elementary schools Bandini Elementary, Rosewood Park Elementary, and Laguna Nueva Elementary. EFI prepared PS&E package for, ADA ramps, Inpavement lighting, pedestrian activation devices, high visibility striping, lighting, speed feedback signs, bulb-outs at Atlantic and Jillson and in pavement lighting, and reconstruction of one street leg to remove dip in roadway.-2012
Washington Blvd rehabilitation project 800K (Federally Funded)-2010.
EFI provided the inspection and complete construction management.
Slauson & Garfield PCC intersection widening and reconstruction 600K–2011 federally funded - Mr. Farah performed inspection and assisted the City with some aspects of construction management as well as an Audit by Caltrans Local programs.
Washington Boulevard Reconstruction - Design of the federally funded Washington Boulevard Reconstruction between 710 Freeway and Cobb Street. Project included processing a Caltrans Encroachment Permit. Mr. Farah served as design engineer and construction manager for the entire 9 project, which was funded by State and Federal funds, and required complete project and environmental report Right-of-Way cert, CE, and being processed through Caltrans and FHWA. Federal paperwork for Advertise and Award, reimbursement, and completion were prepared. 2001-2002 HES Program-federally funded-includes the widening of telegraph and Garfield and upgrading 17 traffic signal locations.
For the City of Rosemead,
Provides City Engineering services for the City of Rosemead.
Prepared traffic modification plans for Rosemead and Valley & Rosemead and Mission as well as striping plans to incorporate adding bike lanes.
Mission Drive improvement, provided the survey and design for Mission drive to include street and striping plans.
Provided Stop Sign Warrant Analysis for Loftus and Bartlett and Angelus & Keim.
Provided Traffic Calming measures for Rosemead Pl and Earlswood Dr.
Provided plan checking assistance for a variety of private development related plans.
Prepared a Topographic and a boundary survey and a record of survey for the Rosemead Aquatic Park, Provided the survey and design for Mission drive to include street and striping plans., the design of Walnut Grove improvements, the topographic survey for the design of Montebello Blvd, the topographic survey for the design of Town Center Dr., the topographic survey for the design of San Gabriel Blvd.
Prepared a study for Closure of Olney St, and the survey and design of Olney Street Closure at Temple City Blvd.
For the City of Torrance,
Prepared Street Improvement, Survey, Traffic Signal modifications, Striping, Peer Report, fact sheet, & TSR for the modification of the intersection at Hawthorn Blvd and Skypark Dr (Caltrans Jurisdiction). -2011
Project Engineer for design of the reconstruction and rehabilitation of Crenshaw Boulevard and Skypark Drive (two separate projects) in the City of Torrance. Construction cost $2,000,000 Crenshaw Reconstruction, 190th/Crenshaw Widening. Design, construction management services, including inspection, surveying, resident engineer, federal compliance, labor compliance. Construction Cost: $5 m
Performed project management for Skypark widening and reconstruction. Performed project management and partial inspection for Crenshaw Boulevard.
Elie Farah was the project manager for the City Wide Safe route to School Report EFI provided CMP Level of Service (LOS) for 10 intersections for 2007 and 2009, 2011, and 2013.
For the City of Duarte,
Designed the Galen Street Improvement project,
2019-2020 Streets Improvement project for various streets, 2020-2021 Streets Improvement project for various streets, 2021-2022 Streets Improvement project for various streets, the bus stops ADA improvement project at various locations throughout the City, the Bike path assessment and improvement project,
the Street cut and trench repair policy and exhibits,
10 the Royal Oaks Park parking lots improvements,
For the City of Monterey Park,
Designed the water lines replacement and street rehabilitation for 20 street segments Survey and Design Ackley Street.
Survey and Design Fire Station 61.
Survey and Design Various Parks, La Loma Park, the Cascades Park, Garvey Ranch, Elder, And Barnes Parks
Survey City parking lot at NEC of Garfield and Garvey
For the City of Redondo Beach
Designed new Bulbouts on Grant avenue at (6) intersections as part of the Grant Ave Traffic signal upgrades along the corridor,
the Knob Hill street widening project for the addition of a bike lane.
For the City of Alhambra,
Designed 10,500 linear feet of 8” water line for the Utilities Department (1.5 million). The segments included Water Line Replacement Project for La Paloma Ave, Meridian Ave, Orange Grove Ave, Westminster Ave, and Winthrop Ave between W. Hellman and W Ramona Rd, Westboro Ave between Hellman Ave and Winthrop Dr., and Warwick Road between Winthrop Dr. and W. Ramona Rd. Designed the 12” Water Line Replacement plans (3000 LF) $900K and Street Rehab Project for Hellman Ave from Fremont Ave to West City Limit.
Designed 8” water line replacement plans for Parkview Ave from Glenaven Ave to Orange view Ave.
Designed 8” water line replacement plans for Baltusrol Dr from Sarazen Dr to Siwanoy Dr. Designed 8” water line replacement plans for the Midwick Tract area (11,000LF). Designed Water transmission line plans on Granada Ave from well #9 located at 417 Granada Ave to the water Treatment Plant located on Clay Court
Designed water line replacement plans for Monterey St from Woodward Ave South, to Elgin St, and Woodward Ave from Chapel Ave to Monterey St.
Fremont Avenue Improvements, for the City of Alhambra,
Mr. Farah managed and designed the 7 Million dollars federally funded project. Fremont widening project which was funded by State and Federal funds. Added landscaping new medians incorporating river-rock paving, including: Site analysis, conceptual design and schematic design, design development documents, cost analysis, bid and construction documents, and bid schedule documents. PS&E included street improvements, landscaped medians, parkway trees, street lighting, storm drain relocation, utility relocation, Traffic signal modifications, signing and striping, and traffic control plans.
Valley Boulevard Improvements, City of Alhambra.
Mr. Farah managed and designed the 5 Million dollars federally funded project. The Project which was funded by State and Federal funds and required complete project and environmental report, including Rightof-Way included Site analysis, conceptual design and schematic design, design development documents, cost analysis, bid and construction documents, and bid schedule documents. PS&E included street improvements, landscaped medians, parkway trees, street lighting, storm drain relocation, utility relocation, Traffic signal modifications, signing and striping, and traffic control plans.
Mission Road Improvements-Part I, for the City of Alhambra.- 3 Million dollars federally funded project- 2005 Mr. Farah managed and designed a part of the Mission Rd improvement from Garfield Ave to east City Limit. Mr. Farah provided compliance with all the federally funded requirements including:
11 completing Preliminary Environmental Documents, conducting Field Review with Caltrans, Right-of-Way Engineering, and certifying PS&E compliance to Caltrans. PS&E included street improvements, landscaped medians, parkway trees, street lighting, storm drain relocation, utility relocation, Traffic signal modification, signing and striping, and traffic control plans. - Completion: Spring 2005 (design), spring 2006 (construction) Alhambra Road rehabilitation, City of Alhambra, 1 million (federally funded) pavement rehabilitation from east City Limit to West City Limit. Design Completed 2009, Construction complete mid 2010 *** Poplar Ave pavement rehabilitation, 200K ARRA from Fremont to westerly City Limit, Design Completed 2009, Construction complete early 2010. ***
Mission Road (Part II) enhancement and beautification Improvements 5 Million from Garfield Ave to west City Limits, federally funded project. Design Completed 2010, Construction TBD. *** For the City of Rancho Cucamonga,
Prepared queue analysis study for Haven Ave at the railroad.- Designed a Queue Cutter Traffic Signal at Haven Ave and the railroad For the City of Temple City,
Prepared plans for the 2012/2013 SR2S Project for nine schools throughout the City. This project was based on an SR2S application. EFI prepared PS&E package for curb bulb-outs, ADA ramps, Inpavement lighting, pedestrian activation devices, high visibility striping, lighting, and speed feedback signs
Prepared BTA which includes Bicycle striping and signing improvements. The BTA improves bike user’s experience. Adds bike lanes and bike logos and signage. The Bike Boulevard striping is a special signage. The Bike striping & signage would create new corridors for Bike users and an environment where drivers are more aware of their presence
Designed the 5 Million dollars federally funded Rosemead Blvd safety enhancement and beautification project. for the construction of a new median, parkway and entry enhancements including: Site analysis, conceptual design and schematic design, PowerPoint design presentation documents incorporating Sketch Up and Photoshop elements, design development documents, cost analysis, bid and construction documents, and bid schedule documents. - Project Highlights: 2.0 miles, 200 street trees, 1.1 miles new landscaped medians, entry monuments, bus shelters, light standards, banners Plan checking
Performed plan checking for the City of Rosemead, City of Alhambra, City of Bellflower, City of La Habra Heights, City of Commerce, City of San Bernardino, City of Pomona, & City of South Pasadena for street, sewer, water, traffic signal, striping, TIA, and Mapping City Engineering
Provided City Engineering services on a consulting basis for the City of Rosemead (City engineer), City of Alhambra (Assistant City Engineer), City of La Habra Heights (Assistant City engineer), and City of Pomona (extension of Staff).
12 Converse Consultants
Dr. Sivathasan is a registered civil and geotechnical engineer in California, with 27 years of geotechnical and construction experience. He is skilled at analyzing complex geotechnical problems and has prepared comprehensive reports with detailed recommendations. He also has extensive knowledge of
construction projects from managing geotechnical observation and testing, special inspection and material testing, and Caltrans source inspection services. He has been providing source inspection for major transportation projects in Southern California. He is a subject matter expert for the California Board of Professional Engineers, Land Surveyors, and Geologists for geotechnical engineering exam development.
Dr. Sivathasan has been teaching several civil engineering undergraduate and graduate classes at Cal Poly Pomona and Cal State Fullerton on a part-time basis. He also taught civil engineering classes at the University of Peradeniya, Sri Lanka, University of California at Davis and Irvine, and Cal State Northridge. He teaches geotechnical engineering and engineering surveying sections for the California Professional Engineer Exam. He is the vice chair of the ACSE Los Angeles Section Geotechnical Group and has published several papers in journals and for international and national conferences.
Relevant Experience
City of Lake Forest, Portola Parkway and Alton Parkway, Lake Forest, CA. Project Manager. Provided management of materials testing and inspection for the project. Converse is providing geotechnical observation and testing services for the City of Lake Forest’s Portola Parkway and Alton Partway Street Resurfacing Project. The project consists of approximately 4,000 linear feet of pavement and approximately 10,700 linear feet of pavement that was re-paved along portions of the street alignments for Alton Parkway and Portola Parkway, respectively.
City of Bell, Florence Avenue Overlay Project, Bell, CA. Project Manager. Responsible for providing oncall geotechnical observation and testing services for the Florence Avenue Overlay Project. Converse provided soil observation, material sampling and testing services related to Asphalt Concrete, and compaction tests in subsurface soil. The asphalt overlay begins at Florence Ave from Atlantic Avenue to Westerly City Limit. We are currently providing on-call geotechnical construction and monitoring work.
Siva K. Sivathasan, PhD, PE, GE, DGE, QSD, F.ASCE
Senior Vice President/Principal Engineer
EDUCATION
PhD, Civil Engineering, University of
California, Davis, 2002
MS, Civil Engineering, University of
California, Davis, 1997
BS, Civil Engineering, University of
Peradeniya, Sri Lanka, 1994
REGISTRATIONS/CERTIFICATIONS
California, Civil Engineer
No. 63185
California, Geotechnical Engineer No.
2708
Diplomate in Geotechnical
Engineering No. 1169
CFR 1910.120 OSHA 8-Hour
Refresher Training
CFR 1910.120 OSHA 40-Hour
Training
Nuclear Soil Density Gauge
Certification
AREAS OF EXPERTISE
Geotechnical Engineering
Deep Foundations
Water/Wastewater Treatment
Educational Institutions
Building Foundations
Bridge Foundations
13 Wheeler Avenue Rehabilitation, La Verne, CA. Project Manager. Geotechnical observation and testing and special inspection and material testing for the construction phase. The project involved the reconstruction and rehabilitation of 6,300 linear feet of Wheeler Avenue from Arrow Highway to Foothill Boulevard in the City of La Verne, Los Angeles County, California. The reconstruction/rehabilitation will consist of mill and overlay, and conventional AC over AB with an ARHM GG-C and C2-PG 64-10 finish.
City of Torrance, Residential Street Rehabilitation Project, Torrance, CA. Project Manager. The project consisted of evaluating the existing pavement conditions, conducting a field investigation to provide recommendations to the City of Torrance. Recommendations included structural sections, earthwork, and drainage necessary for the project. The project additionally had large trees that the local residents had wanted to keep in place. The Department of Public Works held public hearings and meetings regarding the safeguarding of the mentioned trees. Converse provided recommendations for a permeable pavement in an attempt to maintain the existing trees along the residential street.
City of Arcadia, Pavement Rehabilitation Project, Arcadia, CA. Project Manager. The project consisted of evaluating the existing pavement conditions and conducting a field investigation to provide recommendations to the City of Arcadia. Converse completed coring at ten (10) locations along Lemon Avenue, Camino Real Avenue and Sixth Avenue.
I-15/Base Line Road Interchange Improvement, Rancho Cucamonga, CA. Structural Material Representative (SMR) and Project Manager. Developed Source Inspection Quality Management Plan (SIQMP) for SANBAG and Caltrans review and approval. Managed the source inspection, geotechnical observation and testing, and special inspection and material testing. The project consisted of widening Base Line Road from 4 to 6 lanes and East Avenue from 2 to 4 lanes. There are also additions of right and left turn lanes at East Avenue and Base Line Road. In addition, the project also consisted of realigning and widening of the southbound and northbound diamond ramps from 1 to 2 lanes, adding a southbound loop on-ramp, and adding I-15 acceleration and deceleration lanes.
I-215 Central Segment Widening, Perris, CA. SMR and Project Manager. Responsible for the RCTC for Source Inspection. He developed Source Inspection Quality Management Plan (SIQMP) for RCTC and Caltrans Review and Approval. He has been managing the source inspection for the subject project. The project included the widening of the Salt Creek Bridge, Romoland Flood Control Channel, Ethanac Road Railroad Overhead Bridge, and San Jacinto River Bridge. It also included the replacement of the Perris Boulevard Overcrossing and the D Street On-ramp/Overcrossing.
I-10/Tippecanoe Avenue Interchange Improvement Phase I, San Bernardino, CA. SMR and Project Manager. Developed Source Inspection and Quality Assurance testing and inspection. Developed the SIQMP for the project for SANBAG. The SIQMP was reviewed and approved by Caltrans. Managed the source inspection, geotechnical observation and testing, and special inspection and material testing. The project includes widening the freeway eastbound off-ramp to two lanes, which will expand to four lanes at the intersection; building a new westbound on-ramp and off-ramp; removing the existing westbound off-ramp and the traffic signal at this on-ramp and off-ramp intersection on Tippecanoe Avenue; widening the Anderson Street/Redlands Boulevard intersection to include two through-lanes, two left-turn lanes and one right-turn lane in each direction; and adding an auxiliary lane on eastbound Interstate 10 between Waterman Avenue and Tippecanoe Avenue to facilitate weaving with freeway traffic.
I-10/Date Palm Interchange Improvement, Coachella Valley, CA. Project Manager. Geotechnical observation and testing, special inspection and material testing. Project included asphalt pavement, rigid pavement, bridge improvements, and drainage improvements.
Highway Bridge Replacement and Rehabilitation Program, Los Angeles, CA. Project Engineer.
Collaborative effort between Caltrans and the City of Los Angeles to seismically upgrade and improve nine bridges in the City. The bridges were located across the city and included crossing at the Los Angeles River, I- 14 110, Ballona Creek and Arroyo Seco Channel. Provided design recommendations for deep foundations including drilled piers (CIDH piles) and driven piles (Steel H-piles, precast concrete piles) and shallow foundation systems, retaining walls and seismic hazard evaluation using Caltrans Seismic Design Criteria.
I-10/Pepper Avenue Interchange Replacement, Colton, CA. Project Manager. Geotechnical Engineer for PS&E phase of the project. Prepared Foundation Report, Geotechnical Design Report and Materials Report for the project.
I-15 Riverside County Line to US-395, San Bernardino County, CA. Project Manager. Provided geotechnical and environmental services as part of the Project Development Team for the I-15 Riverside County Line to US- 395 project. Prepared Preliminary Geotechnical Reports and Initial Site Assessment for the Project Study Report/Project Development Support (PSR/ PDS) document. Identified areas in need of further assessment in the PA/ED phase due to the historical use of the site, presence of underground pipelines, and railroads that transect the site.
RCTC, Caltrans District 8, Interstate 15 Widening Project, Murrieta to San Bernardino County Line, CA.
Geotechnical Project Manager. Responsible for preliminary geotechnical report for widening of 42 bridge structures including Santa Ana River Bridge with 11 spans, eight tie back walls and eight standard retaining structures, and a flexible and rigid pavement section study for the 44 miles along I-15. Worked with design team, RCTC and Caltrans District 8 to identify the suitable foundation system to support the widening of the structures based on the available as built data. Provided a report summarizing geologic setting, major faults, seismicity, ground shaking, topography, groundwater levels and groundwater regime, soil conditions, and the presence of bedrock. This report addressed the slope stability and other geotechnical related design issues. l-605 Valley Boulevard Interchange Improvement, Industry, CA. Project Manager and Engineer.
Responsible for preliminary geotechnical study, including liquefaction analysis. Worked with Los Angeles County, City of Industry and Caltrans on this project.
I-15/Cantu-Galleano Ranch Road Interchange, Mira Loma, CA. Project Manager/Project Engineer.
Responsible for geotechnical observation and testing and special inspection and materials testing. The new interchange included on- and off-ramps, auxiliary lanes to the Highway 60 transition and an extension of Cantu-Galleano Ranch Road from Hamner Avenue, over the freeway and east to Etiwanda Avenue. It is a two-span continuous 2.80-meter-deep cast-in-place prestressed concrete box girder bridge approximately 129 meters in length and up to 46 meters in width.
CA 57/60 Interchange, Diamond Bar, CA. Project Manager/Project Engineer. Responsible for observation and logging of concrete coring through an 11-foot diameter pier to approximately 110 feet.
Oxnard Boulevard over Highway 101, CA. Project Engineer. Geotechnical investigation and consultation during construction. Performed CIDH piles analyses, deep foundation analyses, reviewed retaining wall design for the project, prepared foundation stiffness matrices for soil-structure interaction analyses, prepared supplemental and response to review comments from Caltrans District7.
Milliken Avenue Grade Separation, Ontario, CA. Project Engineer. Responsible for geotechnical observation and testing during construction The Milliken Avenue rail-highway grade separation project will be an overpass over the existing Union Pacific Railroad Los Angeles Subdivision Line and include earth filled retaining walls for ramps. This construction separates roadway and railroad grades to provide uninterrupted flow of traffic and rail, which will improve freight movements through the Los Angeles/Inland Empire Corridor.
I-15 & SR-79 Interchange, Temecula, CA. Project Engineer. Responsible for geotechnical observation and testing during construction the site is located at the I-15 and SR-79 Interchange in Temecula, California. The 15 project proposes to demolish the existing on and off-ramps at southbound I-15 ramp. New ramps will connect to the SR-79 at the Front Street intersection. A new bridge will be constructed over SR-79 south. The single span bridge is about 177 feet long and 39 feet wide for 2 through lanes and a shoulder.
I-10/Etiwanda Avenue Improvements, San Bernardino County, CA.
Project Engineer. Evaluated the geologic and geotechnical characteristics of the entire project area. The work consisted of the following: construction of new on and off ramps to I-10 at Etiwanda Avenue; realignment of the entire on and off-ramp system at I-10 and Etiwanda Avenue; a new on ramp separation where the new westbound Valley Boulevard on ramp will cross the new westbound Etiwanda Avenue off ramp; realignment and widening of Etiwanda Avenue north of the I-10 interchange; improvement of vertical clearance of the existing eastbound Valley Boulevard off-ramps where it crosses under I-10; construction of nine retaining walls, ranging in height from 1.8 to 9.1 meters high; extension of an existing reinforced box culvert which crosses beneath Etiwanda Avenue; and construction of new auxiliary and acceleration lanes associated with the existing Etiwanda Avenue I Valley Boulevard Interchange.
Mojave Drive Widening, Victorville, CA. Project Engineer. Seismic design criteria selection and modification for the multi-lane improvements. Crossing under/Over I-15, All design elements were submitted and approved by Caltrans District 8, per the Caltrans Seismic Design Criteria and Caltrans Guidelines for Foundation Investigations and Reports.
Edmond V. Babayan, PE
Project Engineer
Edmond Babayan has over four years of experience within the geotechnical engineering industry providing analytical services for the design of commercial, residential, and infrastructure projects (both public and private) throughout Southern California. His experience includes evaluating bearing capacities and settlement for the design of shallow and deep foundations, assessing liquefaction potential, review of plans, construction drawings and specifications for conformance with design parameters, application of geotechnical instrumentation for slope and shoring stability evaluations, and groundwater monitoring studies. As part of Converse Consultants, he performs field explorations for characterization of subsurface conditions, evaluation of laboratory testing, and conducts geotechnical engineering analyses for design of various structures. He also serves as a technician during construction for the observation, testing or inspection of soils.
EDUCATION
MS, Civil Engineering, California State
Polytechnic University, Pomona, 2018
MS, Civil Engineering, California State
University, Northridge, 2016
CERTIFICATIONS
California Licensed Professional
Engineer: License #92424
NICET Certified Level 1 in
Construction Materials Testing Soils:
Certification # 149784
AFFILIATIONS
American Society of Civil Engineers:
Associate Member 2019 – Present
AREAS OF EXPERTISE
ASTM Laboratory Procedures
Site Explorations
Field Inspections for Shoring Systems
Stormwater Infiltration Systems
SOFTWARE
AutoCAD
Microsoft Office Suite
RocScience Suite (RSPile, SLIDE,
Settle3)
LPile
Inclinalysis (Inclinometer
Analysis Software)
CLiq (CPT Data Analysis Software)
Abaqus FEA (Finite Element Analysis)
16 Relevant Experience
Stormwater Infiltration Feasibility Study, KIPP Public Charter School, Los Angeles, CA.
Engineer. Performed subsurface exploration comprising of a 30-foot borehole excavation to determine the existing soil conditions. Percolation testing was conducted within the boring to assess the permeability of the underlying native soils. A percolation rate was calculated for the design of a deep, dry-well stormwater infiltration system. The purpose of the study was to adhere to the Low-Impact Development (LID) provisions of Los Angeles County and reduce the degree of stormwater runoff from the project site.
Percolation Testing, Inglewood Park Cemetery, Inglewood, CA. Engineer. Performed subsurface exploration comprising of shallow test pits to determine the existing soil conditions and on-site percolation testing to assess the permeability of the underlying native soils.
Percolation testing was conducted within three test pits spread across the project site to assess any variability in the site. A percolation rate was calculated for the design of a shallow stormwater retention system consisting of an infiltration basin.
Stormwater Infiltration Feasibility Study, Proposed Warehouse Facility, Northridge, CA.
Engineer. Performed subsurface exploration comprising of a borehole excavation to determine the existing soil conditions and on-site percolation testing to assess the permeability of the underlying native soils. A percolation rate was calculated for the design of a shallow stormwater retention system consisting of an infiltration basin.
Stormwater Infiltration Feasibility Study, Walt Disney Imagineering Studios, Glendale, CA.
Engineer. Performed subsurface exploration comprising of a shallow test pit to determine the existing soil conditions and on-site percolation testing to assess the permeability of the underlying native soils. A percolation rate was calculated for the design of a shallow stormwater retention system consisting of an infiltration basin.
Stormwater Infiltration Feasibility Study, California State University Northridge, Northridge, CA. Engineer. Performed subsurface exploration comprising of a borehole excavation to determine the existing soil conditions and on-site percolation testing to assess the permeability of the underlying native soils. A percolation rate was calculated for the design of a deep, dry-well stormwater infiltration system. The purpose of the study was to adhere to the Low-Impact Development (LID) provisions of Los Angeles County.
Stormwater Infiltration Feasibility Study, University of Southern California, Los Angeles, CA.
Engineer. Performed subsurface exploration comprising of a shallow test pit excavation to determine the existing soil conditions and on-site percolation testing to assess the permeability of the underlying native soils. A percolation rate was calculated to evaluate the feasibility of a bioretention system within a proposed renovated landscaping area.
Stormwater Infiltration Feasibility Study, Proposed Mixed-Use Development, Hollywood, CA.
Engineer. Performed subsurface exploration comprising of a borehole excavation extending to a depth of 40 feet to determine the existing soil conditions. Percolation testing was conducted within the boring to assess the permeability of the underlying native soils. A percolation rate was calculated for the design of a deep, dry-well stormwater infiltration system.
Stormwater Infiltration Feasibility Study, Arroyo Seco Park Renovation, South Pasadena CA.
Engineer. Performed subsurface exploration comprising of a borehole excavation extending to a 17 depth of 20 feet to determine the existing soil conditions. Percolation testing was conducted within the boring to assess the permeability of the underlying native soils. A percolation rate was calculated for the design of a shallow retention system consisting of an infiltration basin.
Fountain Springs Pump Station and Force Main, Los Angeles County of Public Works, Diamond Bar, CA. Project Engineer. Analyzed laboratory data and provided design and construction recommendations for a geotechnical investigation report. The project consisted of the construction of a new pump station which comprised of an emergency storage structure as well as dry and wet wells. The force main would connect the proposed pump station to South Brea Canyon Road by running through Fountain Springs Road. The total length of the force main was approximately 2,700 linear feet with 4 feet of cover.
Substation and Electrical Duct Banks, Jet Propulsion Laboratory, Pasadena, CA. Project Engineer. Analyzed laboratory data and provided design and construction recommendations for a geotechnical investigation report. The project consisted of the replacement of two existing electrical banks with a new substation. The substation was to be constructed above-ground with a 6-in high housekeeping pad. In addition, new electrical duct banks were to be established between sets of existing manholes.
Crescenta Valley High School Pool Facility, Glendale Unified School District, La CrescentaMontrose, CA. Project Engineer. Analyzed laboratory data and provided design and construction recommendations for a geotechnical investigation report consistent with CGS Note 48-Checklist for the review of Geologic/Seismic Reports for California Public Schools, Hospitals and Essential Services Buildings for new and existing (retrofit/modernization) buildings. The proposed project consisted of the construction of a new swimming pool. In addition, new buildings were to be constructed consisting of an office, concessions, public restrooms, and storage rooms. Other miscellaneous improvements including new bleachers, fencing, entrance gates and an access ramp were also incorporated.
Geotechnical Instrumentation Monitoring for High-Rise Residential Building, Private Developer, Koreatown - Los Angeles, CA. Field Engineer. Assisted in the installation of geotechnical instrumentation consisting of inclinometers and mechanical extensometers.
Responsible for performing field measurements and processing the data for report preparation.
An existing Metro subway system ran adjacent along the northern end of the proposed development. The purpose of the instrumentation program was to monitor the extent of subsurface lateral and vertical movement caused by the development and ensure movement did not exceed threshold values per project specifications. The development consisted of a multistory residential building.
Sierra Hall Addition, California State University Northridge, Northridge, CA. Engineer.
Conducted subsurface explorations, analyzed laboratory data, and provided design recommendations for a geotechnical investigation report. The project consisted of a new 7-story education building underlain by a partial subterranean level which would supplement Sierra Hall within the California State University Northridge campus.
Film Production Warehouse Facilities Renovations, Private Developer, Los Angeles, CA.
Engineer. Performed subsurface explorations, analyzed laboratory data, and developed design and construction recommendations for a geotechnical investigation report. The project consisted of exterior renovations planned for two large existing warehouse facilities used for film production and equipment storage. As part of the development, new paving was to be placed for surface parking lots.
18 Multi-Story, Mixed-Use Building Development, Private Developer, Santa Monica, CA.
Engineer. Responsible for conducting a site visit with the client for field reconnaissance to establish a feasible exploration program. Developed design and construction recommendations, focusing primarily upon the foundation and shoring systems, for a geotechnical investigation report. The project consisted of a six-story mixed-use development providing commercial and residential units. The structure would be serviced by a 2-level subterranean parking garage.
Mausoleum Structure and New Access Road, Inglewood Park Cemetery, Inglewood, CA.
Engineer. Performed subsurface explorations, analyzed laboratory data, and developed design and construction recommendations for a geotechnical investigation report. The project consisted of a new 2,000 square foot mausoleum structure as part of the expansion of the cemetery. A new, paved access road was also proposed.
Stormwater Infiltration Feasibility Study, KIPP Public Charter School, Los Angeles, CA.
Engineer. Performed subsurface exploration to determine the existing soil conditions and on-site percolation testing to determine the permeability of the underlying native soils. A percolation rate was calculated for the design of a deep, dry-well stormwater infiltration system. The purpose of the study was to adhere to the Low-Impact Development (LID) provisions of Los Angeles County and reduce the degree of stormwater runoff from the project site.
Student Health Clinic, Charles Drew University, Los Angeles, CA. Engineer. Evaluate laboratory data and develop design recommendations for a geotechnical investigation report. Based on the liquefiable designation of the project site from published California Geological Survey data and the results of field exploration and laboratory testing, site-specific liquefaction analyses were performed to assess the degree of seismically-induced settlement and provided foundation recommendations to address these conditions. The project consisted of a new Student Health Clinic within the Charles Drew University campus along with other improvements including a food pantry and a dental office.
Admission Building and Outdoor Quad Complex, Holy Family Catholic Grade School, Glendale, CA. Engineer. Performed subsurface explorations to determine the existing soil conditions, analyzed laboratory data, and developed design and construction recommendations for a geotechnical investigation report. The project consisted of a new two-story admission building and outdoor quad complex as part of the renovation of an existing elementary and middle school campus.
1 EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Commerce or otherwise act on behalf of Commerce as an agent.
Neither the City of Commerce nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Commerce.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and 2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.
2. Standard of Performance
Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant 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 in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
3 4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses; (IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved 4 by the City’s Risk Manager.
D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management,” City of Commerce, 2535 Commerce Way, Commerce, California, 90040. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.
5 B. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi¬fied and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 6 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.
8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. 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.
7 B. 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.
11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
16. Attorney's Fees. In the event that either party to this Agreement shall commence 8 any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” 9 herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.