1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of February 14, 2023 by and between the City of Commerce, a municipal corporation ("City") and Elie Farah, Inc. (“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 for the preparation of Plans, Specifications, and Engineer’s Estimate for the Sidewalk Improvements on Ferguson Drive and Various Cul-de-sacs from Gerhart Avenue to Concourse Avenue Project 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 February 14, 2023 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than July 30, 2023, 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 $64,830.
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, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only 2 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
Elie Farah, Inc.
Elie Farah, Inc.
1593 Liberty Drive
Corona, CA 92881
Attn: Elie Farah, Principal Engineer
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: ______________________________ ______________________ Oralia Y. Rebollo, Mayor Date
CONSULTANT
Elie Farah, Inc.
By: _______________________________ ________________________ Elie Farah, Principal Engineer Date
ATTEST:
By: ______________________________ ________________________ Lena Shumway, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________ Noel Tapia, City Attorney Date
1-25-2023
1 EXHIBIT A
SCOPE OF WORK
Elie Farah, Inc
January 4, 2023
Purchasing Department
City of Commerce
2535 Commerce Way
Commerce, CA 90040
Subject: Proposal for Engineering Services For Sidewalk Improvements on the southside of Ferguson Drive and Various Cul-de-sacs from Gerhart Avenue to Concourse Avenue Dear Sir or Madam:
Per the City’s Request, Elie Farah, Inc. (EFI) is pleased to submit this Proposal for Engineering Services to Prepare a PS&E Bid Package for Sidewalk Infrastructure along Ferguson Drive.
The principal of EFI is the project manager and the single point of contact. Elie Farah is registered as a Civil Engineer, a Traffic Engineer, a Land Surveyor, as well as a certified QSD/QSP with over thirty eight (38) years of experience.
We do not assign the work to junior engineers. The principal of the firm on the team are personally involved in all aspects of the design and management of the project including field checking every segment.
As a Consulting Engineer for various Cities and plan checker, the principal of EFI is aware of the need to be flexible & to accommodate the concerns of the Council and serve the Public. His 38 years of experience in plan checking, City engineering, Construction Management, and Inspection gives him the ability to provide a product that is clear, concise, and complete.
Our goal is to deliver each project on time and on budget. We achieve this goal by partnering with our clients. We work independently but will keep the City informed, as a result delivering a project that is ready for bidding & construction. EFI has delivered many projects as promised on time and on budget.
EFI has successfully completed many projects on time and on budget. Our list of client Cities includes the City of Irwindale, City of Lake Elsinore, City of Rancho Cucamonga, City of Upland, City of Villa Park, Orange County Public Works, City of Torrance, City of Temple City, City of El Monte, City of Alhambra, City of Rosemead, City of Pico Rivera, City of Monterey Park, City of Duarte, City of Covina, City of Redondo Beach, City of Duarte and City of Commerce.
Elie Farah, Inc.
Certified Small Business Enterprise #1443340
Civil and Traffic Engineering
Land Surveying & Construction Management
RCE 42080, TR 1926, LS 8258,
QSD/QSP 21962, REB1095310
1593 Liberty Drive, Corona, CA. 92881
Tel. (951)-898-0772, Fax (951)-278-4110
email: [email protected]
Web: ElieFarahInc.com
Elie Farah, Inc
The following is our contact information:
Elie Farah, Inc.
1593 Liberty Drive, Corona, CA. 92881
Tel. (951)-898-0772, Fax (951)-278-4110
Web site: http://www.eliefarahinc.com
email: [email protected]
EFI is willing and able to sign the City's consultant agreement without alteration of the standard indemnification and insurance language.
EFI has an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31.
This proposal will expire 90 days from the date of submittal to the City.
We look forward to having the opportunity to discuss our qualifications and approach in a greater detail.
Should you have any questions or need additional information, Please call me at (951) 898-0772.
Sincerely,
Elie Farah, Inc.
_____________________________________
Elie Farah, MS, PE, TE, PLS, QSD
Principal Engineer
Elie Farah, Inc
TABLE OF CONTENTS
Subject Page No.
Letter of Transmittal………..………………………………................................... i Table of Content………..……………………………….......................................... iii
Section 1-Approach, Scope of Work, and Schedule……..….………………… 1 Section 2- Project Key Personnel …………...…………………......................... 6
Section 3 References……...………………………............................................. 8 Section 4 Firm Qualifications……...……………………….................................. 9 Attachment-FEE Proposal
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SECTION 1-APPROACH, SCOPE OF WORK, AND SCHEDULE
The City of Commerce is requesting a proposal from qualified firms to prepare plans, specifications and engineer’s estimate for the construction of sidewalks and ADA ramps along the south side of Ferguson Drive from Gerhart Avenue to Concourse Avenue including at 9 cul-de-sacs south of Ferguson Drive.
The scope of work will include design and cost estimates of new sidewalks, curbs & gutters, replacement of existing sidewalk and curb including driveway crossings, ADA ramps, marked crosswalks, and signage, removal of any existing fences, walls, gardens, landscaping, walkways, etc., that might be built by homeowners within the public right-of-way and conduct other activities as designated in the scope The sidewalk design will focus on areas of concern to the residents such as preserving trees, moving existing vegetation. EFI will complete the design that meets the requirements of the City. EFI has the experience with residential sidewalk and street improvements into existing streetscapes and will be creative in finding solutions to design issues that minimize impacts to adjacent property owners.
Design of sidewalks, curb and gutter along Ferguson Drive from Gerhart Avenue to Concourse Avenue including four (6) cul-de-sacs and, three (3) terminal end streets per the exibit shown in RFP - Overall Project Map. These services shall include, but not limited, to the following:
• Design of new sidewalks
• ADA ramps at intersections
• Design of new driveways (where feasible)
• Replacement of existing sidewalks and curbs including driveway crossings (if feasible) The design requirements based on the City’s RFP include, but are not limited to the following Tasks:
1. Kick-off Meeting with City Staff to discuss plan of actions, strategies, etc.
2. Progress meetings with City staff
3. Field investigation to assess existing conditions including but not limited to driveways, fencing, hardscape, landscape, trees, irrigation, and utilities.
4. Conduct Land Survey to determine the City’s legal right-of-way for sidewalk and ADA ramp improvements.
5. EFI will call out adjustment to grade of any utilities within the parkway area.
6. EFI will coordinate with the City Tree Arborist for any interfering trees.
7. Conduct outreach with all adjacent property owners and residents.
8. Prepare plans and specifications to show existing and proposed improvements and prepare engineer’s estimate.
9. Work will be completed within 3 months from the date of Notice to Proceed.
Approach
EFI will provide qualified staff/sub consultants to conduct all necessary engineering work and Land Surveying.
The following Scope of Services and approach expands the City’s requirements which includes, but is not limited to the following:
1. EFI will Attend the kick-off meeting with the City and other stakeholders (Via Zoom preferable) Elie Farah, Inc
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2. EFI will Attend progress meetings with the City at two week interval or as requested until the design is complete (Via Zoom preferable)
3. EFI will prepare a topographic survey based on a ground survey using survey grade GPS to identify alignment and position of objects and supplemented by total stations survey as needed where vertical elevations are critical to show existing features such as curb and gutter, sidewalks, trees, buildings, driveways, walkways, manholes, utility poles, retaining walls, fencing, etc… that affect the construction of the sidewalk, all existing underground and overhead utilities (manholes, valves, poles, etc.) and any other utility on the existing right of way that may impact final design and construction of the improvements. The ground survey can be placed over a color photo to emphasize the areas where encroachments have occurred.
4. The survey will show apparent right of way lines based on record maps, assessor’s maps, and physical monuments found in the field. This will determine the City’s right-of way limits for the construction of Sidewalks and Ada ramps. Please note that EFI will not set any property corners or file corner records and/or record of Survey.
Two Survey options are provided in the estimate. Option 1 is an Aerial topography and option 2 is a ground survey. Item 3 & 4 above describe the ground survey option. The aerial survey requires setting ground control to include targets, tying to bench marks, and shooting 5 centerlines and some Ground survey is required to pick up areas where large trees obstruct area of interest. The Aerial survey will require an additional month to complete.
5. The plans will show the utilities and an associated construction note to adjust the utilities within the parkway construction area. These include WV, pullboxes, manholes, etc…
6. The preliminary design will show trees and vegetation along the sidewalks. EFI will review the preliminary design regarding any trees or plants that must be moved to accommodate the route of the sidewalks. Where appropriate, root barriers will be proposed in the preliminary design as a tree-protection strategy. EFI and the City arborist will assist in determining the details of the removal or relocation of trees and vegetation and to saving trees and vegetation. All recommendation will be shown on the street improvement plans. No landscaping and irrigation plans will be prepared.
7. The design will show all encroaching walls, fences, structures, etc…, into the Public Right of way. Fences will be called out to be relocated, walls will have to be demolished and if approved, by the City, a new wall will be replaced in Kind. Structures may have to be modified. New Walls may have to be approved by Bldg and Safety under a separate permit (not part of this proposal). Structure modifications may require architectural drawings and structural calculations to be approved by planning and Building and safety. Any architectural plans, structural calculations can be provided by EFI for an additional fee.
EFI will conduct outreach with all impacted property owners as determined by City Staff. These are owners that are impacted due to the need to remove encroaching fences, walls, structures, etc… that are encroaching into the City right-of-way. After consulting with City staff, a copy of the plans showing the contemplated work will be sent to impacted owners.
8. EFI will prepare a PS&E package includes the following:
Street Improvement plans will be provided to a scale of 1”=20’. The plans will show all proposed design of new sidewalks, C&G, ADA ramps, Driveways, obstruction relocations, relocation of adjacent property improvements. Storm drains, Landscaping and irrigation, and Striping can be shown on the street improvement plans where needed. EFI can provide separate Signing and Striping plans if so desired by the City. No separate landscaping and irrigation plans are contemplated. All landscape and irrigation Elie Farah, Inc
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modifications will be covered with construction notes and bid items.
The design of the sidewalks will meet all requirements of the State Highway Administration regarding adherence to ADA. Curb returns and curb and gutter will be removed and replaced to comply with the ADA Std as to the approach to the ramps.
The preliminary sidewalk plans will be reviewed by EFI and determined to be appropriate for the final design. Utility relocation and/or adjustment will be noted on the prepared plans. Affected utilities will be notified and asked to modify their utility lines, if necessary.
The design of the sidewalks will include any requirements for changes to existing residential entrances including driveways and parking facilities. Such changes will maintain or improve the function of driveways and parking facilities for residents. Most of the driveways are not ADA compliant. If the City desires that the driveway has to be modified and order to make it compliant, driveways will have to be reconstructed beyond the City’s right of way an onto private property. The limits of the removals will be shown on the plans.
The design of the sidewalks will be Portland Cement Concrete (PCC) material. Asphalt concrete material for the adjoining street next to the gutter will be per City Engineer's direction. Fast setting PCC would be recommended as well as steel plates to minimize inconvenience to residents.
A final cost estimate will be developed based on all information included in the final design and will be used as part of the evaluation of bids for the eventual construction of the sidewalks. The cost estimate will reflect the bid items and would be prepared in a menu format which covers a variety of construction items that are likely to be encountered in the field issues during the construction of the sidewalk, Driveways, ADA ramps, C&G, etc….
Specifications will provided in compliance with the Standard Specifications for Public Works Construction (Green Book), latest edition.
EFI has the experience in the design of residential street and sidewalk improvements and will develop enhancement of pedestrian and vehicular traffic safety. we have demonstrated capability in the application of street design and traffic engineering principles and demonstrated skills related to curb alignment modifications, to resolve sidewalk retrofitting problems, to selection of traffic striping/signage, and to validating and addressing sight distance at involved intersections.
9. Work will be completed within 3 months (4 month with the aerial topography option) from the date of notice to proceed as shown on the schedule.
Phase 1: Topographic Survey
The Phase 1 will include, but not be limited to, the following tasks:
1. Attend the kick-off meeting with the City and other stakeholders.
2. Perform field survey, including field edits.
3. Prepare base maps
Phase 2: 65% Level Completion
The Phase 2 will include, but not be limited to, the following tasks:
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4. Progress meeting each two weeks,
5. Conduct field review and evaluate existing conditions for the design.
6. Identify and design all needed improvements.
7. Evaluate all existing access ramps within project limits for ADA compliance.
8. Investigate existing utilities to identify any utility conflicts and coordination with utility owners to obtain adjustment and/or relocation, including preparing and mailing 1st Utility Notices to obtain as-built plans.
9. Coordinate with all affected agencies.
10. Identify and evaluate all existing improvements within the project area that affect the proposed project scope of work.
11. Prepare 65% Plans with construction cost estimates.
12. In consultation with City staff, determine relevant issues specific to the project, design standards, and funding limits. Conduct outreach as needed and as requested by the City.
Phase 3: 100% Level Completion and Final
The Phase 3 will include, but not be limited to, the following tasks:
1. Prepare street improvement, showing construction of new sidewalks, new or replacement of ADA ramps, removal and replacement of Curb & Gutter, removal of fences, walls, etc… for submission for review at 100%,and final design.
2. Prepare Specifications with submission for review at 100%, and final design.
3. Prepare Engineer Estimates with submission for review at 100% and final design.
4. The final PS&E will be stamped and signed by the Design Consultant Civil Engineer, licensed to practice in the State of California, who supervised this project's PS&E preparation.
5. Prepare 2nd and final utility notices and coordinate with utility companies for relocation of interfering utilities.
6. EFI will provide an adjustment of final design plans and corresponding documents to reduce or increase the scope based on the public meeting and to match available budget in accordance with City-specified priorities.-Major changes after 100% submittal would require additional fees to make revision to the PS&E
7. Provide project management, coordination and administration.
8. Maintain communication with the City Project Manager and ensure project delivery on schedule and within budget.
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SCHEDULE
WEEK 1 2-3 4-5 6 -8 9 10-11 12 13MEET WITH CITY STAFFFIELD WORK/SURVEYINGPREPARE BASE SHEETSPREPARE 65% PS&ECITY REVIEWPREPARE 100% PS&ECITY REVIEWPREPARE FINAL PS&EBIDDING PROCESS
CITY REVIEWFIELD WORK/DESIGN BY EFI AND SUBCONSULTANTSBIDDING PROCESS Schedule For Sidewalk Infrastructure along Ferguson Drive
THIS SCHEDULE MAY BE ADJUSTED BASED ON REVIEW TIME BY AGENCIES ***Aerial topography option requires an additional month due to the need to set ground control and target, photogrammetric airplane flight, Topographic edits, and ground survey to pick up area obstructed by trees or structures. *** Elie Farah, Inc
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SECTION 2-PROJECT TEAM, KEY PERSONNEL, AND RESUMES
EFI Project Manager
Elie Farah, PE, PLS,TE,QSD/QSP ........................................................ Project Manager/Design Engineer/Land Surveyor As the designated Project Manager/Design Engineer/Land Surveyor, Elie Farah is the primary contact person with the City, and is responsible for the technical development and design, plan checking, scheduling, staffing, coordination and management of the project. He will conduct periodic project team meetings to discuss the schedule, work accomplished, work in progress, upcoming assignments, and identification/resolution of conflicts.
Project Personnel Resume’s
ELIE FARAH, MS, PE, TE,PLS, QSD/QSP PROJECT MANAGER/DESIGN 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 TRAFFIC ENGINEER, CA TR #1926
REGISTERED PROFESSIONAL LAND SURVEYOR, CA LS#8258
QSD/QSP #21962
Mr. Farah is a registered Professional Civil Engineer, Traffic Engineer, and a Land Surveyor with a diversified background and more than 38 years of diverse experience in a wide variety of projects. He has participated on numerous multi-disciplinary teams dealing with the planning and development of Civil and Traffic Engineering urban and rural developments, and Public Works projects. The following is a partial list:
CIVIL AND AND SURVEYING
For the City of Alhambra,
Prepared PS&E for the safe route to school for Alhambra Road Project.
Designed and surveyed four Hud Streets and Alleys Improvement Projects for various street and alleys, the SRT and Alhambra Road Rehabilitation Project, designed the 1.1 million -1B Funded Residential Street Improvement Project and alley (700K), designed 200K ARRA Poplar Ave from Fremont to westerly City Limit, the 500K ARRA Hellman Ave from Fremont to Westerly City limit, the 1 million (federally funded) Alhambra Road from east City Limit to West City Limit, the Elie Farah, Inc
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800K CDBG Commonwealth Ave from Garfield Ave to Raymond Ave., the 3 Million Mission Road (Part II) enhancement and beautification Improvements from Garfield Ave to west City Limits, federally funded project, the 1.5 Million Main Street rehabilitation from City Limit to City Limit, and the First Street Striping from Main St to Garfield Ave.
For the City of Duarte,
Surveyed and designed the Galen Street Improvement project, the 2019-2020 Citywide Street Improvement project for various streets, the 2020-2021 Citywide Streets Improvement project for various streets, the 2021-2022 Citywide 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,
and the Royal Oaks Park parking lots improvements
For the City of Redondo Beach,
Surveyed and designed new Bulbouts on Grant avenue at (10) intersections as part of the Grant Ave Traffic signal upgrades along the corridor, and designed the Knob Hill street widening project for the addition of a bike lane.
For the City of Commerce,
EFI Surveyed and Designed SRTS. This project was based on an SRT 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, and reconstruction of one street leg to remove dip in roadway.-2011 Design of the Bus Shelter improvements Phase IV.
City of Temple City,
Prepared plans for the SR2S Project for nine schools throughout the City. This project was based on an SR2S application. EFI prepared PS&E package for curb bulbouts, ADA ramps, In-pavement 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 users 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 For the City of Torrance,
Prepared Survey, Street Improvement, Traffic Signal modifications, Striping, Peer Report, fact sheet, & TSR for the modification of the intersection at Hawthorn Blvd and Skypark Dr (Caltrans Jurisdiction).
For the City of Rosemead,
EFI provides City Traffic Engineering services and surveying for the City of Rosemead. Rosemead Aquatic Park Mr. Farah prepared a topographic and a boundary survey and a record of survey for the Rosemead Aquatic Park.
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Mission Drive improvement, EFI provided the survey and design for Mission drive to include street and striping plans.
Walnut Grove, EFI provided topographic survey for the design of Walnut Grove improvements. Montebello Blvd., EFI provided topographic survey for the design of Montebello Blvd. Town Center Dr., EFI provided topographic survey for the design of Town Center Dr. San Gabriel Blvd., EFI provided topographic survey for the design of San Gabriel Blvd. SCE Encroachment easements, EFI provided survey and five encroachment easements for the Jay Imperial Park.
EFI provides plan checking assistance for a variety of private development related plans.
For the City of Monterey Park,
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 SECTION 3-REFERENCES
Many City contacts move to different Cities or retire, but we have attempted to show references that are recent and complete. The following is a summary:
City of Covina
Mr. Rafael Fajardo, PE
125 E College St, Covina, CA 91723
[email protected]
City Engineer
626 384-5489
City of Duarte
Contact - Ms. Craig Hensley,
1600 Huntington Dr, Duarte, CA 91010
Community Development Director
[email protected]
626-357-7931 T
Or Amanda Hamilton (now in Norco)
[email protected]
City of Redondo Beach
415 Diamond Street
Redondo Beach, CA 9027
Mr. Ted Seeman, P.E.
Director of Public Works
[email protected]
(310) 318-0661
City of Alhambra
111 South First Street,
Alhambra, CA 91801
Contact Melissa Ramos,
Public Works Deputy Director
[email protected]
626-570-3284
City of Monterey Park
Contact - Cesar Vega
626-307-1320 T
[email protected]
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SECTION 4- FIRM QUALIFICATIONS
Elie Farah, Inc. (EFI) is a California Certified Small Business Enterprise (SBE #1443340) that has been in business for approximately 18 years.
EFI is a multi-disciplinary consulting firm with extensive experience and proven track record in all aspects of City Engineering Services. The principal has served public agencies in various capacities as City Engineer, City Traffic Engineer, Construction Inspector, Project Manager, and Resident Engineer. We are accustomed to working with governmental agencies in every facet of public works and planning, including City engineering, traffic engineering, capital improvement project design and construction management. We have an excellent understanding of public agency procedures, policies and issues.
EFI provides Civil Engineering, Traffic Engineering, Land Surveying, and Construction Management (including federal funded projects & CDBG funded projects). We have extensive experience in preparing design, bidding, and construction assistance for Hud Funded and federally funded Projects EFI is called upon by many agencies for a variety of design projects, studies, & assistance. EFI provides the following Traffic and Transportation Services:
Parking Studies and Facility Design
Traffic Signal and System Design
Signing and Striping Design
Traffic Impact Studies
Traffic Control Plans
Interconnect Design
Lighting and Electric System Design
Reports to address pass thru traffic, traffic calming measures, sight distance, feasibility studies
Pedestrian and Bikeway Planning and Design
Plan/reports checking services
Project Reports, PEER reports, Feasibility Studies
Engineering and Traffic (Speed) Surveys
Circulation Element for City General Plan
CMP Analysis.
Safe Route To School
Warrant Analysis for Traffic Signals & Stop Signs
Queue Studies and R/R queue cutters signals
Civil Engineering experience includes both public works as well as land development for residential and commercial projects which includes:
Street and Highway Design
SWPPP & WQMP
Storm drain
Water line (domestic & fire lines)
Sanitary sewer improvement
Erosion control plans
Drywells
Pump and lift stations
Pavement Reconstruction and Resurfacing
Retaining walls
Grading Design and Earthwork Analysis
Hydrology, Hydraulics and Flood Plain Mapping
General Civil Engineering
Infrastructure Engineering
Civil Plan check
Park Planning & Design
Staff Augmentation
Cost Estimate
Land Surveying experience includes:
Topographic and Boundary Surveys
Tentative Maps, Parcel Maps, Tract Maps
LLA, Parcel Mergers, Dedications.
Surveying related to Civil design
Corner Records and/or Record of Surveys
Ingress/Egress Easements.
Construction Management and Inspection
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Construction Management and inspection for Federally Funded Projects, CDBG funded Projects, State funded projects, and City funded project
The following is our contact information:
Elie Farah, Inc.
1593 Liberty Drive, Corona, CA. 92881
Tel. (951)-898-0772, Fax (951)-278-4110
email: [email protected]
Web site: http://www.eliefarahinc.com
Client Cities include the City of Irwindale, City of Lake Elsinore, City of Rancho Cucamonga, City of Upland, City of Villa Park, Orange County Public Works, City of Torrance, City of Temple City, City of Rosemead, City of Alhambra, City of Pico Rivera, City of Monterey Park, City of Duarte, City of Covina, and City of Commerce.
To avoid repetition, please refer to the resume of Elie Farah for Firm’s experience
METHOD OF COMPENSATION
EFI will provide progress invoices for payment based on a percentage agreed to with the City.
FEE SCHEDULE
EFI will provide a sealed fee schedule at the City’s request per the RFP.
City of Commerce -Sidewalk Design.docx
Task Description
Project
Manager
Survey Crew
Project
Engineer/Surveyor
Draftsmen
Technician
Hourly Rate $135.00 $170.00 $125.00 $90.00 $80.00
TASK 1-TOPOGRAPHIC SURVEY-Phase 1OPTION1-AERIAL TOPOGRAPHIC SURVEY-REQUIRE ONE ADDITIONAL MONTHSET GROUND CONTROL TO INCLUDE TARGETS, TYING TO BENCH MARKS, AND SHOOTING 5 CENTERLINES $6,000 $6,000AERIAL TOPOGRAPHY AND COLOR PHOTO $7,600 $7,600OVERLAY RIGHT OF WAY AND UTILITIES, PROVIDE GROUND SURVEYS WHERE LARGE TREES OBSTRUCT AREA OF INTEREST 6 12 12 24 $6,510 $0 $6,510TOTAL OPTION1-AERIAL TOPOGRAPHIC SURVEY $20,110OPTION2-GROUND TOPOGRAPHIC SURVEY AND COLOR PHOTOS TO USE FOR ENCROACHMENT EXHIBITSPERFORM GROUND FIELD SURVEY WITHIN CITY RIGHT OF WAY INCLUDING RECORD RESEARCH AND UTILITIES 6 24 30 30 90 $11,340 $0 $11,340COLOR PHOTOS TO COVER AREAS BEYOND CITY RIGHT OF WAY $1,000 $1,000OVERLAY RIGHT OF WAY AND UTILITIES 18 30 $4,950 $0 $4,950TOTAL OPTION2 -GROUND SURVEY AND HIGH QUALITY COLOR PHOTOS $17,290TASK 2-STREET IMPROVEMENT PLANS-Phase 2 & 3STREET IMPROVEMENT PLANS- SHOWING SIDEWALKS, ADA RAMPS, DRIVEWAYS, UTILITIES,WALLS RELOCATION,SIGNING AND STRIPING,etc…SCALE 1"=20' WITH CONSTRUCTION NOTES AND DETAILS-SEE OPTIONAL ITEM
FOR ADA RAMPS DETAILS
2 80 80 162 $17,470 $0 $17,470
PROFESSIONAL CONSULTANT DESIGN SERVICES FOR SIDEWALK IMPROVEMENTS ON THE SOUTHSIDE OF FERGUSON DRIVE
AND VARIOUS CUL-DE-SACS FROM GERHART AVENUE TO CONCOURSE AVENUE Estimated Fee
TOTAL
PROJECT
TOTAL
FEE
HOURS
TOTAL FEE
ELIE FARAH, INC.
(SBE)
SubconsultantsInland Aerial For
Aerial topo,
FEE -Ferguson V1.xls\ Page 1 of 3 1/5/2023
Task Description
Project
Manager
Survey Crew
Project
Engineer/Surveyor
Draftsmen
Technician
Hourly Rate $135.00 $170.00 $125.00 $90.00 $80.00
PROFESSIONAL CONSULTANT DESIGN SERVICES FOR SIDEWALK IMPROVEMENTS ON THE SOUTHSIDE OF FERGUSON DRIVE
AND VARIOUS CUL-DE-SACS FROM GERHART AVENUE TO CONCOURSE AVENUE Estimated Fee
TOTAL
PROJECT
TOTAL
FEE
HOURS
TOTAL FEE
ELIE FARAH, INC.
(SBE)
SubconsultantsInland Aerial For
Aerial topo,
MEETINGS-FIELD VISITS 12 12 24 $3,120 $0 $3,120OUTREACH TO IMPACTED PROPERTY OWNERS (BUDGET) 12 12 24 $3,120 $0 $3,120UTILITY NOTIFICATIONS 16 4 20 $2,360 $0 $2,360PREPARE PS&E PACKAGE 6 12 18 $2,310 $0 $2,310PREPARE QUANTITY AND COST ESTIMATE 6 12 18 $2,310 $0 $2,310TOTAL TASK 2-STREET IMPROVEMENT PLANS $30,690TASK 3-OPTIONAL ITEMSPREPARE 24 TO SCALE DETAIL FOR EACH STREET CORNER ADA .(THIS OPTION WOULD REQUIRE THE GROUND SURVEY OPTION) 2 24 24 50 $5,430 $0 $5,430PREPARE ENCROACHMENT EXHIBITS/ANALYSIS 4 32 32 68 $7,420 $0 $7,420TITLE REPORTS, EASEMENTS, UNDERLYING DOCUMENTS BY TITLE COMPANY(BUDGET) $3,000 $3,000BUDGET FOR OTHER SOFT COSTS Budget Allocation for Printing, Copying, Utility Co fees, Shipping and Miscellaneous $1,000 SUBTOTAL SOFT COSTS $1,000 $0 $1,000
TOTAL ESTIMATED FEE FOR AERIAL TOPO OPTION AND EXCLUDING TASK 4 OPTIONAL(NOT TO EXCEED) $44,200 $7,600 $51,800TOTAL ESTIMATED FEE FOR GROUND TOPO OPTION AND EXCLUDING TASK 4 OPTIONAL(NOT TO EXCEED) $47,980 $1,000 $48,980 FEE -Ferguson V1.xls\ Page 2 of 3 1/5/2023
Task Description
Project
Manager
Survey Crew
Project
Engineer/Surveyor
Draftsmen
Technician
Hourly Rate $135.00 $170.00 $125.00 $90.00 $80.00
PROFESSIONAL CONSULTANT DESIGN SERVICES FOR SIDEWALK IMPROVEMENTS ON THE SOUTHSIDE OF FERGUSON DRIVE
AND VARIOUS CUL-DE-SACS FROM GERHART AVENUE TO CONCOURSE AVENUE Estimated Fee
TOTAL
PROJECT
TOTAL
FEE
HOURS
TOTAL FEE
ELIE FARAH, INC.
(SBE)
SubconsultantsInland Aerial For
Aerial topo,
Notes: .Design of waterline,sewer line or relocation of utility lines.Other services such as traffic counts, Traffic signal timing, PSR, TIA, PEER, Backup Queue studies, LOS are also excluded..Acquisition of R/W, Appraisal of R/W, Easements, and Dedications are excluded. Negotiating with property owners.Traffic Control Plans can be provided for an additional fee.Setting property corners and/or filing corner record or record of survey. .Title reports for propertiesThe following services are excluded from the Scope of Services offered in this Proposal:. Monument signage design . Entire redesigns or designs for other areas outside of the project zone in the RFP. .GEOTECHNICAL WORK OR REPORTS. Investigation of sub-surface hazards or conditions that is not covered under the Geotechnical report scope of work such as hazardous material or contamination. . LID, SWPPP, or any other storm water management or drainage design or work. .Any architectural plans, structural calculations can be provided by EFI for an additional fee. Structures may have to be modified. New Walls have to be approved by Bldg and Safety under a separate permit. Structure modifications may require architectural drawings and structural calculations to be approved by planning and Building and safety.
FEE -Ferguson V1.xls\ Page 3 of 3 1/5/2023
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.