1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of May 9, 2023, by and between the City of Commerce, a municipal corporation ("City") and Southstar Engineering & Consulting, 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 to provide Professional Project Management Services for the Randolph Corridor Active Transportation 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 May 9, 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 December 31, 2026, 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 $162,225.00.
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 be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; 2 (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
Southstar Engineering & Consulting, Inc.
Southstar Engineering & Consulting, Inc.
1945 Chicago Avenue, Suite C-2
Riverside, CA 92507
Attn: Yvette Kirrin, PE, President & Principal-in-Charge
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: ______________________________ ___________________
Hugo A. Argumedo, Mayor Date
CONSULTANT
SOUTHSTAR ENGINEERING & CONSULTING, INC.
By: _______________________________ ___________________ Yvette Kirrin, PE, President & Principal-in-Charge Date ATTEST:
By: ______________________________ ___________________
Lena Shumway, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ___________________
Noel Tapia, City Attorney Date
1 EXHIBIT A
SCOPE OF WORK
1945 Chicago Avenue, Suite C-2
Riverside, CA 92507
951.342.3120
southstareng.com
Project Management Services
FOR THE
City of Commerce
RANDOLPH CORRIDOR ACTIVE TRANSPORTATION PROJECT
WORK PROPOSAL FOR: APRIL 13, 2023
Page i
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
1. Cover Letter
April 13, 2023
City of Commerce
2535 Commerce Way
Commerce, CA 90040
Attn: Ted Villaganas, Purchasing Manager
RE: Proposal to provide Project Management Services -
Randolph Corridor Active Transportation Project
Dear Mr. Villaganas,
Southstar Engineering & Consulting, Inc. (Southstar) greatly appreciates the opportunity to submit this proposal to the City of Commerce (City). The Southstar team is prepared to work under the City’s Public Works Staff to support the Randolph Corridor Active Transportation Project by providing Project Management Services.
Southstar Engineering is the team to deliver the quality, responsiveness, innovation, and value that the City expects, and we want to successfully deliver your project on schedule and under budget.
For the past 16+ years, Southstar has provided top-notch project and construction management services for a variety of municipalities throughout Southern California including the cities of Huntington Park, Santa Fe Springs, Bellflower, South Gate, Downey, La Mirada, San Dimas, the County of Los Angeles, and Commerce, as well as the Gateway Cities Council of Governments (GCCOG). The Southstar project management team has extensive experience working with these agencies to deliver locally funded public works projects. Our strong working relationship with our clients and knowledge of how to deliver municipal projects has promoted a complete commitment to success and the development of mutual goals.
Southstar Engineering proposes Ms. Yvette Kirrin as the Project Manager. We believe that you will find that Yvette is the most knowledgeable of this project, has the proper educated to perform the work and is the most experienced in providing project management expertise within the Gateway Cities subregion, the cities along the I-5 corridor, as well as with the City of Commerce specifically as part of recent relevant task orders related to this project. Yvette knows every member of the project team as well as the extended project stakeholders, including Metro and the subregion. She is a seasoned professional in making public presentations to city councils, as well as experienced in, finding and applying for grants, and ensuring the reimbursement of those expenditures via Metro, in this case. Her subregional experience is second to none, and she brings economy of scale on many levels to this project, including experience in coordinating with the Rails to River Segment B project, the West Santa Ana branch transit line, as well as the California High Speed Rail authority.
Ms. Kirrin, working under multiple purchase orders with the City of Commerce managed the preparation of the Funding Agreement attachments including the scope, schedule and cost, which were broken down by jurisdiction and phase of work.
Yvette understands the challenges, constraints and opportunities from the administrative, technical and political perspectives that will need to be resolved over the lifecycle of the project in order for it to be successful. The reasons to select her as the Project Manager are based on multiple important factors that make her uniquely qualified for this position, including:
1. Institutional knowledge of the project from day 1.
2. Recent, relevant experience in delivering projects in our subregion.
3. Understanding of Metro and their funding and paperwork processes.
4. Availability to manage this project and understanding of the Project Manager role envisioned by the Randolph Team.
5. Long term, trusting relationships with every jurisdiction, and the desire to work with everyone.
Ms. Kirrin has reviewed the RFP and fully understands the project. She will be responsible for the services listed in the “scope of services” of the RFP and will be the “primary point of contact” for this project. Ms. Kirrin is also President of Southstar and is authorized to bind Southstar contractually. We acknowledge receipt of the Q&A Sets 1 and 2 published on PlanetBids. This Proposal shall be valid for a minimum of ninety (90) days following submission. Southstar is excited to continue on this project, bringing its vision to a reality. We feel as invested in the success of this project as the City and the entire project team and I hope you will select me as the project manager for this contract.
Sincerely,
Yvette Kirrin, PE
President & Principal-in-Charge
Southstar Engineering & Consulting, Inc.
Southstar Engineering &
Consulting, Inc.
DIR No:
100017294
EIN No:
20-5648626
Type of Business Entity: S-Corporation/
100% Employee-Owned
Year Founded:
2006
Years
in Business:
16+
Number of
Employees:
25 Headquarters:
1945 Chicago Avenue, Suite
C-2
Riverside, CA 92507
Phone: (951) 342-3120
Fax: (951) 342-3148
www.southstareng.com
Primary Contact:
Ms. Yvette Kirrin, PE
President
Cell: (626) 644-8058
[email protected]
Engineering Trust Into
Every Project
Page ii
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
2. Table of Contents
Cover Letter i
Table of Contents ii
Experience and Qualifications 1
Firm Profile 1
Financial Interest & Litigation 1
Southstar Services 1
Organizational Chart 2
Southstar Personnel 2
References 3
Professional License 3
Southstar Resumes 4
Approach to Scope of Services 7
Background 7
Project Understanding 9
Comprehensive Approach 10
Work to be Done 10
Objectives to be Accomplished 11
Work Plan 11
Unique Subregional Qualifications 12
Other Information Necessary to Complete the
Project 12
Closing Statement 12
Non-Collusion Affidavit 13
Cost Proposal 14
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
3. Experience & Qualifications
Southstar Services
Southstar clients can be assured of the quality and professionalism of Southstar’s 25 employee staff and its extensive inhouse resources are highly regarded within the transportation construction industry. Southstar construction managers and inspectors have assisted over 40 public agencies in the successful delivery of projects of all sizes. Services include:
• Construction Engineering
Management
• Program/Project Management
& Design
• Inspection Services • Community Outreach • Critical Path Schedule Development
• Project Budget Development
& Tracking
• Program Planning
• Utility Relocation Management
• Local Agency Coordination • Traffic Engineering • Local Assistance Coordination • Resolution of Funding Issues • Federal Funding Guidance
• Claims Management/Risk
Management
• Highway Bridge Program
• Right-of-Way management • Labor Compliance • FAA Section 107 GPS Drone Photogrammetry
Southstar team members make a difference to clients and the community by continually providing superior service with the highest level of integrity. Providing client-focused services to many state and local agencies in Southern California, Southstar professionals know the critical questions to ask, and the corresponding solutions to offer. By blending innovative problem-solving skills, exceptional depth of experience, and quality supervision and inspection services, Southstar consistently completes the construction of large-scale transportation projects on time, within budget, and with no claims. The Southstar team has the ability to resolve challenges by offering their clients innovative solutions that are custom tailored to each project, and the Randolph Corridor Active Transportation Project is no different.
Firm Profile
Southstar has provided professional engineering services in Southern and Central California for the past 16+ years and is dedicated to the public works and transportation needs of California. Southstar is a certified Small Business Enterprise (SBE) with its primary office located in the City of Riverside. Southstar focuses on providing solutions to two primary industry needs: 1- managing the construction of bridges, rapid transit systems, freeways, and local infrastructure within and outside the Caltrans right-of-way (ROW) and 2- managing the project development of both small and large-scale infrastructure improvements. Southstar was built upon the successes of superior construction management skills and experiences. In addition to these two areas of expertise, Southstar’s extensive professional knowledge also includes planning, sustainability, utility coordination, design, labor compliance, public outreach, inspection services for roadways, bridges, sanitary sewer, storm channels, streambeds, and other infrastructure projects.
Southstar has an exceptional reputation for delivering and managing a wide variety of projects throughout Southern California. The Southstar Team has the ability and expertise to resolve challenges by offering our clients innovative solutions that are custom tailored to each specific project. Southstar’s Core Values – Quality, Value, Innovation, Responsiveness and Trust – drive each valued Team member to deliver high quality services that clients can trust. Our Diversity, Equity & Inclusiveness approach to hiring the best possible staff helps us create an organization that delivers high quality results coupled with community-based values. With dedicated customer service, Southstar delivers projects of any discipline on time and under budget.
Financial Interests & Litigation
Southstar is financially stable and is not involved in bankruptcy proceedings or mergers, and has no conditions that may impede its ability to complete any projects. Southstar has no outstanding or pending complaints as determined through the Better Business Bureau, State of California Department of Consumer Affairs. Southstar has no controlling or financial interests in any other organization and is not owned or controlled by any other person or organization. Southstar also has had no litigation and/or judgments entered against it by any local, state or federal entity and has had no litigation and/or judgments entered against such entities during the past five (5) years.
Southstar Office - Riverside, CA
SOUTHSTAR INFO
Southstar Engineering & Consulting, Inc.
Headquarters 1945 Chicago Ave. Unit C-2
Riverside, CA 92507
Office Hours M-F: 8am - 5pm
Phone 951.342.3120 Employees 25
Firm Type S-Corp (California)
Contact Yvette Kirrin, PE - President
[email protected]
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
3. Experience & Qualifications
Organization Chart
Southstar is a 100% employee-owned corporation and, as such, our employees are the foundation of our company and we encourage a hands-on approach from all team members. On any given project, all of the individuals on our team bring their own experiences, perspectives, ideas, and unique points-of-view developed by their specific career path. We are confident that all tasks will be addressed, and questions can be solved, by this highly experienced and innovative team.
As a contingency plan, additional personnel is provided should a member of the proposed team be unable to fulfill their responsibilities. Below is the organizational chart illustrating the proposed structure:
YEAR FOUNDED
2006
ROLE FOR THIS PROPOSAL
Project Management Services
OFFICE
Riverside, CA
Vanessa Barrientos
Southstar
Public Outreach
Manager (Optional)
Rose Keshawarz
Southstar
Project Manager
(Back-up)
Yvette Kirrin, PE*
Southstar
Principal-In-Charge/
Project Manager
City of Commerce
Southstar Personnel
Yvette Kirrin, PE, -
Principal-In-Charge/Project Manager (Key Person)
As the principal in charge/project manager, Ms. Kirrin will be the “key person” to work with the team to first develop the RFP necessary to procure the consultant needed for the planning, environmental, and design phases including the cost estimate and specifications. Ms. Kirrin will also ensure that the work is completed within the parameters of the Metro funding agreement, as well as the Cities MOU, including assurances that each jurisdiction is within their proportional Corridor allocated cost for the improvements. Ms. Kirrin will prepare the reimbursement requests for submittal to Metro.
She will also provide management of the overall scope schedule and budget.
Rose Keshawarz -
“Back-up” Project Manager
In the event that Ms. Kirrin is unable to provide these services, Ms. Rose Keshawarz is proposed as the “backup” project manager, consistent with the requirements of this RFP. Rose has a tremendous background in project management and construction management, and would successfully be able to manage the scope, schedule and budget of this project. She like most other respondents, submitting a proposal for this RFP is fully capable of managing it, but she does not have the unique subregional and project specific qualifications that Ms. Kirrin brings to this project. However, Rose is bilingual in English in Farsi. As the CEO and President of Southstar engineering, Ms Kirrin is committed to working with the City and all related stakeholders to successfully complete this project, and hours are not budgeted within the cost estimate for anyone other than herself.
Vanessa Barrientos -
Public Outreach Manager (Optional)
While the scope of work is specifically written for project management services needed to facilitate the scope, schedule, budget, the project vision of the project is equally important to understand and communicate. Southstar has included an optional scope task item for as needed for public outreach. This optional scope task is intended to augment the leadership team if more visionary collateral, including fact sheets for public presentations are needed beyond the presentations task included in the RFP. There are no hours loaded into the resource schedule for this task, but it is included in case the team should desire additional outreach support. Ms. Vanessa Barrientos has worked within the subregion with many of the Gateway Cities, along the I-5 corridor, and specifically for the City of Santa Fe Springs, providing outreach collateral on a variety of projects for more than 10 years. she is bilingual in English in Spanish. For this reason, Vanessa’s resume is also included in this proposal.
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
3. Experience & Qualifications
AGENCY CONTACT TITLE ADDRESS PHONE # EMAIL
City of Pico Rivera Noe Negrete Public Works Director 6615 Passons Blvd Pico Rivera, CA 90660 562.450.4159 [email protected] City of
Santa Fe Springs Robert Garcia CIP Manager 11710 Telegraph Rd,Santa Fe Springs, CA 90670 562.868.0511 [email protected] Gateway Cities
Council of
Governments
Nancy Pfeffer Executive Director 6401 Paramount Boulevard Paramount, CA, 90723 562.901.2037 [email protected]
City of Bellflower Len Gorecki Public Works Director 16600 Civic Center Drive Bellflower, CA 90706 562.804.1424 [email protected] City of
Huntington Park Cesar Roldan Public Works Director 6550 Miles AveHuntington Park, CA 90255 323.584.6320 [email protected] References
Southstar is proud of our references, as they generate repeat business, and help us grow. Not only do we work regularly with these agencies, but the work performed within these jurisdictions are consistent with our areas of interest for this subject proposal. We have Included five (5) references for Southstar; including similar services for the minimum over the last five years. The tables below features specific references related to Ms. Kirrin’s recent work:
SERVICES PROVIDED FOR REFERENCES
City of Pico Rivera: Worked with Mr. Negrete as the 91/605/405 TAC Chair, I-5 JPA TAC Chair and over 40 Task Orders for the City of Santa Fe Springs.
City of Santa Fe Springs: Serving as the Interim Public Works Director for the City, including the management of multiple managers and divisions, coordination with the City Council and the oversight of large-scale subregional projects including the $80 m construction phase of the BNSF/CHSRA Rosecrans Marquand Grade Separation Project. Also responsible for over 40 task orders since 2018, providing the City with Project Management, Construction Management, Inspection and Public Outreach.
Gateway Cities Council of Governments: Assistance in the development of multiple multimillion dollar transportation grants, including the Livability Initiative, preparation and support of multiple funding presentations for Metro funding agreements, lead manager for the Complete Streets Initiative including 4 completed studies thus far, and technical support and facilitation of over $1 billion in Metro funds for the subregion.
City of Bellflower: Assisted the City in various coordination issues regarding their Metro funding agreement for the Bellflower Boulevard Corridor project, and the HotSpot Project at Bellflower Boulevard and SR 91.
City of Huntington Park: Principle in charge for 2 separate construction management projects, which includes coordination with the City, providing inspection and CM expertise and ensuring the commitment of the resources needed to perform the work.
Professional License for Ms. Yvette Kirrin (Key Person)
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
3. Experience & Qualifications
Yvette Kirrin, PE | Principal-in-Charge/Project Manager BIOGRAPHY Ms. Kirrin has over 30 years of extensive transportation planning, design and construction and project management. Her management expertise is in the facilitation of large transportation projects within small and large governance structures, as well as an expertise in federal, state and local funding, including working with Metro and Caltrans. In addition to Yvette’s business role with Southstar, she is a working partner and has several Project and Program Manager roles in southern California. These roles utilize her technical knowledge to deliver projects, as well as her strategic thinking in the political advocacy arena. She has significant experience working with diverse stakeholder groups, and she focuses on equity and inclusion for the delivery of the best projects. Yvette’s technical experience includes the planning, design and construction of interchanges and freeways, multimodal complete streets, including roundabouts, and the coordination of large projects such as MagLev (planning phase), the California High Speed Rail project (representing the Cities within the Gateway subregion during the preliminary engineering) and the I-5 (in LA, representing the cities along the corridor from the 710 south to the County Line). Yvette is an active member with the American Society of Civil Engineers (ASCE), Institute of Transportation Engineers, Inc. (ITE), National Society of Professional Engineers, Project Management Institute (PMI), and the Women’s Transportation Coalition (WTC). Yvette has been the President of Southstar Engineering & Consulting, since 2010, which is a Certified Small Business Enterprise (SBE) and an Employee-Owned Non-Profit Company, which has an Employee Stock Ownership Plan (ESOP), specializing in Project Management and Construction Management including Inspection.
Education • BS, Mechanical Engineering, University of Florida, 1992 Professional
Registrations
• Professional Civil Engineer, CA #C63667
• Professional Civil Engineer, AZ #36110
• Professional Engineer, FL #53833
Experience • 15 Years with Southstar | 30 Years in Role Benefits Brought to the
Project
• Expert in managing a governance structure
• Expert in managing Caltrans and Metro projects, including federally funded projects. • Expert in utility coordination to minimize potential project delays. • Extensive experience reviewing/managing technical studies associated with the EIR and final design process.
I-5 JPA Executive Director/Authority Engineer
July 2007 – Present
Ms. Kirrin is the I-5 JPA Authority Engineer/Executive Director, responsible for the I-5 Widening for nearly 14 miles of freeway and local improvements. Since 2007, Ms. Kirrin has reviewed various plans, worked with the Cities of La Mirada, Norwalk, Downey, Santa Fe Springs and Commerce to help protect and preserve the interests of the communities while partnering on an over $1.6 billion in improvements. Oversight has included PAED, PS&E, RW and Construction, as now almost all 6 segments are construction complete south of I-605, with the environmental phase in it’s early stage along I5 north of the I-605 in the Cities of Santa Fe Springs and Downey. Success was due to the close monitoring of project activities and communication with the communities including public works, city managers and the elected officials. Ms.
Kirrin has been responsible for the delivery and reimbursement to the Cities for over $21 million in construction mitigation projects that repair and rehabilitate the roadways impacted by the I-5 construction, due to detour routes, haul routes and/or utility trenching.
Gateway Cities Council of Governments (GCCOG) – Transportation Engineer April 2013 – Present
Ms. Kirrin is responsible for the subregional technical review, oversight and program management tasks needed to facilitate Metro Measure R and Measure M funds. Additionally, she is responsible for various portions of the subregional transportation initiatives including the arterial complete streets projects and the active transportation strategic projects for the 27+ Cities/Jurisdictions. This includes the facilitation of over $1 Billion in funds. Ms. Kirrin is responsible for protecting the interests of the Cities regarding how the funds are allocated and spent, as well as responsible for communicating to the Public Works offices, City Mangers and Elected officials the status on the projects. More than 50 projects in the subregion have been coordinated and delivered, utilizing Ms. Kirrin’s expertise in the areas of funding, planning, design, right of way, construction and/or construction management and inspection.
Southstar Resumes
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
3. Experience & Qualifications
Rose Keshawarz | Project Manager (Back-up) BIOGRAPHY
Ms. Keshawarz has over 24 years of experience in heavy construction work related to highways, railroads, airports, subdivision roads, stadiums & arenas, utility coordination and leisure and hospitality projects. Owners, designers, and contractors highly value her ability to communicate effectively in addition to her adeptness at cutting overall costs and to accelerate project schedules with efficiency. Ms. Keshawarz has worked on all aspects of construction and brings expertise in contract documentation, processing change orders, resolving conflicts, coordination with designers and resolves all field issues. She possesses an in-depth understanding of the Caltrans Standard Specifications and plans, Construction Manual, Bridge Construction Records and Procedures manual, Standard Specifications for Public Works Construction (Greenbook), and Cal-OSHA practices and procedures. She has led all aspects of contract administration including staffing; meeting with contractors and agencies; monitoring construction budget and schedule, partnering; as well as conducting value analysis and constructability reviews of project plans and specifications for errors and omissions.
Ms. Keshawarz success on contracts is from developing a good working and communication with the owners to exceed expectations through staffing the right project assignment with the right personnel and resources, by proactively exploring the upcoming needs and qualifications needed for perfect matches. Public and private agencies across Southern California hold Ms.
Keshawarz in high esteem and as she is a seasoned professional with Public Works project experience, which covers a complete spectrum of their needs.
CV
Education • BS, Construction & Civil Engineering, Newark College of Engineering 1999 Registrations • OSHA 30 Hour Training & OSHA 10 Hour Training • URS Certified Project Manager
Project
Benefits
Ms. Keshawarz has over 24 years’ experience working on large construction projects:
• $1.908 billion Caltrans and Metro, I-405 Sepulveda Gap Closure HOV Widening Project • $1.5 billion Caltrans, RCTC and City of Corona, SR-91 / I-15 Corridor Improvement Design-Build • $208-million San Bernardino County and Caltrans, I-15 / I-215 Interchange Design-Build CA Experience • < 1 Year with Southstar | 24 Years in Role Metrolink-Southern California Regional Rail Authority (SCRRA), Construction Support Services Los Angeles, CA – Project Manager
As Project Manager, Ms. Keshawarz provided project management services for the safety improvements of 12 sealed corridor grade crossings on the Valley and Ventura rail subdivision for the Southern California Regional Rail Authority. The highway-rail atgrading crossing projects upgraded old style crossings to meet new standards and safety needs. Responsibilities included review of engineering designs on rail right of way, write agreements governing the construction and maintenance of rail and roadway work, assist in writing reports necessary for securing funding for engineering, funding and agreements management; ensure regulation and standards compliance; managed activities between various jurisdictions, contractors; managed the project from concept to bid to construction to full operation and close out. Project Cost: $125 Million City of Los Angeles BOE, Expo-Northvale Bikeway Project Los Angeles, CA – Project Manager
As Project Manager Ms. Keshawarz responsibilities were to development of a dedicated bike path in an urban, residential area in western Los Angeles. And included review of Design Documents for completion, review, approval, and coordination of Shop Drawings/RFI’s/ Submittals with Engineering Staff Discipline Lead, utility companies, jurisdictions, Surveying, Grading, Curb, Curb & Gutter, AC Paving, Striping, Drainage, Street Lights, CMU, Retaining Walls, Irrigation System, Sidewalls, Trees, etc.. In addition, she’s responsible for obtaining all permits and approvals, coordination with the client and sub-consultants. Project Cost: $13 Million I-405 Sepulveda Gap Closure HOV Widening Project Design-Build (Metro and Caltrans) Los Angeles, CA – Project Manager
Ms. Keshawarz provided oversight for utility plans, and conflict matrix to be incorporated into the 35% plans, which were part of the design-build, and PS&E package for the I-405 Sepulveda Gap Closure HOV Widening Project. Subtasks included utility potholing and positive identification research of utility information, field inspection/ the utility companies, identified utility placement, managed activities amongst various jurisdictions, contractors, utility companies, material suppliers and inspectors, recommended utility relocations, including major trunk/transmission lines, observation of potholing, preparing conflict matrices and coordinating efforts with all utility companies affected by the project. Responsibilities included maintained the utility conflict matrix and as-built files provided by identifying all existing utilities that conflicted with proposed freeway changes and assigning appropriate actions to resolve the conflicts, investigation of real estate prior rights, ownership, property acquisition, reviewed the feasibility studies and resolved the conflicts relocation of large sewers, water mains, and other utilities. She also observed and inspected potholing in the field and reviewed ownership and affiliated documentation. Project Cost: $1.9 Billion
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
3. Experience & Qualifications
Vanessa Barrientos| Public Outreach Manager (Optional Task) BIOGRAPHY Vanessa Barrientos has over 15 years of develop and execute tailored public awareness campaigns for over $3.4 billion high-profile infrastructure projects with a cost-effective approach by establishing goals, objectives and budgets. She encourages open conversation and facilitating the access of project information. Top priorities are safety and engaging the community in an open conversation and facilitating the access of project information. Her unique approach to public outreach strains from her experience as a Caltrans Traffic Management Center Liaison, Assistant Project Manager for Caltrans Stream-Lined Oversight Projects, and as an Office Engineer. These assignments enhanced her communication skills – affording her the capability of communicating with Engineers - turn around and decode technical project information to the general public for continuous support throughout the life of the project.
CV
Education • BS Criminal Justice, California State University, San Bernardino Awards
• ASCE OC Branch Awards | Construction Project of the Year • Gold Award, MarCom Awards | Communication Program
• Finalist, Public Relations Society of America, 50th Prism Awards, Community Relations Experience • 7 Year with Southstar | 15 Years in Role
City of Anaheim – I-5 and Gene Autry Way Interchange
Anaheim, CA – Dedicated Community Outreach Liaison
While with another firm, Ms. Barrientos served as a Dedicated Community Liaison and was responsible for developing and executing a comprehensive bilingual community outreach plan for this complicated highway project. She coordinated with the resident engineer, contractor, Anaheim Resort, Platinum Triangle, Angel Stadium, City Traffic Management Center, Event Parking Committee, Hotel Resorts, Disneyland, City Attorney, businesses and residents. Her outreach plan included a dedicated project website, event planning, business outreach, resident outreach, neighborhood association presentations/outreach, branding and collateral material design, toll-free hotline number management, graphic design, photography, translation services, and the creation of presentations, construction notices, presentation boards, and bilingual brochures. She maintained a comprehensive documentation control system, detailing public inquiries, photos, and outreach activities.
City of Newport Beach - Park Avenue Bridge Replacement
Newport Beach, CA – Dedicated Community Outreach Liaison Ms. Barrientos implemented a proactive outreach campaign for the Balboa Island(s) community through a dedicated project website, event planning, business outreach, resident outreach, Merchants Meetings, presentations, Community Fire House Meetings, toll-free hotline, graphic design, photography and collateral material. She coordinated closely with the Resident Engineer (RE), Contractor, City Staff, Fire Department, Businesses, tourist and part/full-time residents. Ms. Barrientos assisted during the delivery and removal of equipment within a one-lane in each direction main roadway on the island through proactive traffic planning.
County of Orange, OC Public Works, La Pata Extension Project San Clemente/San Juan Capistrano, CA – Dedicated Community Outreach Coordinator Ms. Barrientos was responsible for developing and implementing the extensive community outreach plan. The plan, tailored to encompass the entire Orange County region includes collaborating with other county groups, event planning, resident and business outreach, open houses, community meeting presentations, branding, collateral material development and review news releases, translation and interpretation, inquiries, and 3D simulation. Partners include, Cities of San Juan Capistrano, San Clemente, OC Waste & Recycling and construction division City of Corona – I-15/Cajalco Road Interchange Project, Dedicated Community Outreach Liaison Corona, CA – Lead Community Outreach Coordinator
Her responsibilities included the developing/executing a comprehensive community outreach plan. Coordinating Partners Include: the I-15 Express Lanes Project, EVMWD’s Flager Wells Project, Temescal Canyon Widening Project, City Water Main Project, Arantine Hills Development/Roadway Project, Fire Station, Police, Two Major Shopping Centers and the traveling public from San Diego and Los Angeles Counties
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
4. Approach to Scope of Services
Background
The Metro Active Transportation Strategic Plan was published in 2016 (Figure 1) and included two categories of possible projects identified within it, including First-Last Mile and Corridor projects. Within the Corridor component, the Randolph MAT Corridor project was the top ranked project for possible Measure M investment. The Gateway Cities Council of Governments (GCCOG) reached out to the cities of Commerce, Huntington Park, Bell, and the County of LA to gage their interest in potentially receiving a grant based on a competitive process (i.e. Measure M Metro Active Transport (MAT) Program – Cycle 1 (Letter of Interest) beginning with an application submittal (Figure 2). The Prjocet Map on the following page (Figure 3) highlights the corridor as well as the jurisdictional breakdown of the agencies partnered for this effort.
Beginning in February 2020, led by Ms. Yvette Kirrin, the jurisdictions reviewed the criteria and requirements of the application and determined they would move forward with a submittal, which was due on April 30, 2020. At that time, an estimate for the preparation of the grant application was developed and divided proportionally by the Corridor length. On August 13, 2020, the team interviewed with Metro and further detailed the proposed improvements and the strategy to implement them within the parameters set by Metro. The Project Location Map that was included in the team’s PowerPoint interview including the major stakeholders and the proportional distances along the corridor.
The application and ultimate process of being selected
by Metro was a long, arduous process but was ultimately successful, and the Commerce team was notified of a
recommended award of $8 million. As additional time
passed, the grant award amount was reduced to $6,703,891 due to COVID which reduced the Measure M sales tax
revenues. This reduction is available funding required that the team update their cost figures, by phase, needed by the Funding Agreement (FA). Metro moved forward with a
Board action recommending award of the project including the subsequent development of FA.
Figure 1 - Metro ATSP
Figure 2 - Letter of Interest
Ms. Kirrin, working under multiple purchase orders with the City of Commerce managed the preparation of the FA attachments including the scope, schedule and cost, which were broken down by jurisdiction and phase of work. Based on the development of the scope, which largely matched the application, additional regional contributing technical factors (i.e. Rails to Rivers Segment B) caused delay in executing the FA.
It was not until the project was awarded by the Metro Board, that Metro began alluding to their desire to have this project implement and pay as much of the Rails to Rivers Segment B project, as possible, and at the time, the Metro project wasn’t even recommending the Randolph Corridor as their preferred alignment. This became a series of contentious meetings that eventually was elevated to Supervisor Hahn and Board Member Fernando Dutra‘s office to assist in supporting the Commerce team, as they felt they had created an independent standalone project within the grant application package, including the scope, schedule, and cost and the FA was being held up in order for the team to acquiesce and incorporate Metro’s project into it. The outcome of this process was that Metro would move forward with the FA, and the project team would work closely with Metro‘s Rails to River Segment B project to see where overlap exists and to identify those elements that this project could incorporate into it. From that point, the FA process moved along more smoothly, and didn’t face another hiccup until the request for MOU between each of the cities were required to be executed to fold into the FA. This caused additional delay in being able to start the project. The FA was then formally packaged with all necessary attachments and provided to the team on February 24, 2023.
Recently, the Commerce team has worked to develop the necessary scope for this RFP and continued to think about the many logistics necessary in procuring the needed consultant to prepare the planning, environmental, design, and construction document deliverables needed to build the project. Ms. Kirrin has been an integral role in almost every activity outlined thus far in this section of the proposal, aside from the preparation of the Project Management RFP that this proposal is written to secure.
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
4. Approach to Scope of Services
Figure 3 - Project Loaction Map and Right-of-Way
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
4. Approach to Scope of Services
TYPE MAT ELIGIBLE ITEM* CITY OF
COMMERCE
CITY OF
HUNTINGTON PARK
CITY OF
BELL
LOS ANGELES
COUNTY
BICYCLE
ELEMENTS
Bicycle detection loops X X X
Rumble strips with consideration for bicyclists X X
Bicycle-friendly drainage gate X X X
Bicycle-friendly track crossings X X
Bike boxes X X X
Bike parking X X X
Class I, II, III, IV bike paths X X X
Green colored pavement for bikeways X X X
Bike signals/bicycle signal priority X X X
Accomodating bicyclists at interchanges X X
Bicycle signage X X
PEDESTRIAN
ELEMENTS
Sidewalks X X X X
Crosswalks X X X
High Visibility Crosswalk X X X X
ADA Compliant Curb Ramps X X X X
Pedestrian-activated control devices (PCS, APS) X X X X Crossing islands X X X
Curb bulb-outs/extensions X X
Leading pedestrian interval X X X X
Accomodating pedestrians at interchanges X X X
Pedestrian wayfinding/signage X X X
Street furniture/seating X X
Pedestrian scale lighting X X X X
Landscaped areas (including trees) X X X X
TRAFFIC
CALMING
ELEMENTS
Raised Crosswalks X X
Traffic calming elements X X X
Speed humps X X
Speed cushions X X
OTHER OTHER (not identified) Pavement Rehab X X
*The items in this list are potential eligible scope items that will be considered by each jurisdiction Project Understanding
This section begins to lay out how Southstar’s unique understanding of the project which brings significant benefit to this Project Management Services contract. From a high level, understanding the vision, goals and intended approach to “develop the project” beginning with the menu of technically and politically feasible features (shown in Table 1) included in the RFP, in the planning process and developing a concept that fits within the associated jurisdictional budgets along the Randolph Corridor to environmentally clear, design and construct, are critical.
While the features that inputs into the concept has not been fully vetted, Ms. Kirrin uniquely understands the intent of this approach and brings that expertise not only to the project as it progresses but also to apply it within the development of the RFP needed to complete the phases of the Randolph Corridor project.
Ms. Kirrin has significant experience working with Gateway Cities Council of Governments, the cities along the Randolph Corridor, including Commerce, Bell, Huntington Park and unincorporated LA County, as well as specifically coordinating Randolph Corridor Metro Active Transportation (MAT) project activities, since the inception of it beginning with the grant application. Because of this experience, Yvette will not have a learning curve, and upon the notice to proceed (NTP), this project will immediately kick off the scope of work with the RFP development for the subsequent phases. Benefits to the City include multiple efficiencies and economy of scale associated with selecting Ms. Kirrin for this work. The economy of scale benefits related to Yvette’s ongoing GCCOG coordination with Rails to River segment B that will provide this project with in-kind resource contribution based on her normal coordination activities with that position.
Table 1 - Menu of Technically and Politically Feasible Features
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
4. Approach to Scope of Services
Comprehensive Approach
As part of a Metro Funding Agreement (FA), the City of Commerce is designated as the lead agency for the Randolph Corridor Project. The Project Staffing & Partnership Model (shown in Figure 4) that was provided to Metro in August 2020, also includes the Gateway Cities Council of Governments who support the subregion, and will support the project as needed, including in-kind resources related to coordination with the Rails to River Segment B project, where Ms.
Kirrin will continue to represent the GCCOG in those briefings from Metro and fold that information into this project when quantifying areas of nexus between the projects. This nexus between the GCCOG, Metro and this project results cost savings to the project.
Work To Be Done
The work to be done to deliver the Randolph Corridor Project consists of four (4) phases including Planning/Concept
Engineering, Environmental, Design and Construction phases shown in Figure 5. These phases will be facilitated by the Project Manager chosen from this RFP.
The Project Manager responsible will be managing the overall scope, schedule and budget, but also the Metro Funding
Agreement requirements, reimbursement, and the balance of equity between the Cities of Commerce, Bell, Huntington Park and the County of LA via the executed MOU. Understanding the proportional budget allocations for each jurisdiction and having significant experience in intuitively understanding the level of improvements that can fit within the jurisdictional budgets will be the critical component in facilitating a successful project. The funding split allocation by jurisdiction shown in Figure 6 is proportional to the corridor length, and is shown by percentage in the following table. This is the basis for the allocation of the total $6,703,891 budget.
The elements that will be used to develop the jurisdictional priorities for implementation as part of this project were identified in a menu type of format, from a technical and political acceptability perspective, during the grant preparation phase in 2020. This will be the basis of the Phase 1 planning/concept engineering work to be done and based on the elements that the jurisdictions wish to move forward with, these will be basis of Phase 2 environmental work. Phase 3 will develop the PS&E and bid specifications needed to construct the elements that were cleared as part of Phase 2, and that conceptually fit within the budget, as quantified in Phase 1. The construction phase will bring this vision to reality along the Corridor.
MEASURE M FUNDS
Commerce 34.3%
Bell 22.3%
Huntington Park 38.4%
LA County 5%
TOTAL 100%
Figure 4 - Staffing & Partnership Model
Figure 5 - Phases of Work
Figure 6 - Jurisdictional
Breakdown of Corridor
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
4. Approach to Scope of Services
Work Plan
The project Work Plan includes the necessary scope tasks per Phase necessary to meet the Project Specific Objectives.
The Phases of the Project along with the scheduled number of months to complete each Phase are identified in the RFP. Based on an understanding of the tasks, as shown in the RFP, Southstar has resource loaded hours only into the relevant tasks by Phases of the project, which can be used as an “apples-to-apples” comparison for the proposed Not-toExceed contract budget. The tasks have also been folded into the relevant Phases of work and are organized in a Project Schedule.
The following schedule is a realistic projection of project phases (Table 3) including beginning and end dates.
Southstar has taken the task outlined in the RFP and resource loaded it, or estimated hours per scheduled month, per Phase, to develop the Not-to-Exceed Project Management Budget for this project. The details of the cost estimate outline the hours estimated for each phase of the project. Some tasks do not require any hours for the respective specified phases, as the cost estimate looks at the Phases of work needed to complete the project. The intent is for the Project Manager to be at a high level, and to allow the selected consultant to complete the project specific work needed to deliver the above outlined milestone phases.
Objectives To Be Accomplished
From a high level, the project has specific objectives as highlighted in the following graphic (Table 2). The grant application was prepared to meet these objectives. The Project Manager selected as a result of this RFP will be lead the project on behalf of Commerce (lead agency) as an extension of their staff, and will work with the stakeholders of the project, Metro and the consultants chosen to complete the Planning/Concept Engineering, Environmental and Design Engineering (PS&E/Bid Documents) Phases of work, as well as the Construction Management and Inspection consultant that will oversee the contractor during the Construction Phase.
The objective of this contract is to select the most qualified Project Manager that will understand the project goals, stakeholders and overall process so well, that it will minimize any additional staff time from Commerce in delivering the project, as well as publicly represent the project well to the jurisdictional leaders via presentations and Metro when outside coordination is needed.
TASK START END
PROJECT MANAGEMENT
TASK - Project Management and Administration. 07/01/23 06/27/26
PLANNING/CONCEPTUAL ENGINEERING PHASE
07/01/23 03/30/24
ENVIRONMENTAL PHASE
TASK - CEQA Environmental Documentation. 03/30/24 08/28/24
DESIGN ENGINEERING PHASE
TASK- RFP, Consultant Selection, Completion of 65%, 95% and 100% PS&E 03/30/24 07/29/25
CONSTRUCTION PHASE
TASK - Constructability, Contruction, CM. 10/31/25 9/28/26
PROJECT SPECIFIC OBJECTIVES
Provide high quality mobility improvements to the businesses & residents of the unincorporated LA County, and the Cities of Commerce, Bell, Huntington Park and Maywood Equitable improvements
Priority AT gap closure including bike lanes, pedestrian improvements, ADA compliant curb ramps, Ped Activated control devices, and other traffic calming elements Connectivity to high quality bike, ped and transit facilities as well as new corridors such as available waterways
Ms. Yvette Kirrin, PE, proposed Project Manager, has a deep understanding of the project goals and objectives. She will use the jurisdictional budgets as a constant benchmark, paired with parameters of the funding agreement, and by following the proposed process developed by the team, successful construction of the jurisdictional priorities will get the work done within budget and on schedule.
Table 2 - Project Specific Objectives
Table 3 - Projection of Project Phases
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
4. Approach to Scope of Services
Other Information Necessary to Complete the Project
Funding Agreement Management
Southstar understands the parameters outlined in the Funding Agreement. Not specified in the RFP is a concern of the delay experienced between the FA scheduled begin date and the actual begin date when the work will be done. Below is the Project Detailed Schedule (Table 4) from the FA that shows 1/1/2023 as the begin date, which the reality is that the project milestones outlined below won’t actually occur until around July 1, 2023 once the consultant is procured to complete the work. Due to this delay, the FA will need to be amended, and until then it will show delay in the submitted reimbursement requests, due to the need to reestablish the baseline schedule to align with the actual date the work begins. Ms. Kirrin has experience working with Metro staff to update the FA via the bi-annual programming update, needed to ensure that the funding remains available to the Project.
PROJECT DETAILED SCHEDULE
MILESTONES BEGIN END DURATION (MONTHS)
PLANNING/CONCEPTUAL ENGINEERING PHASE 1/1/2023 3/31/2024 15 ENVIRONMENTAL PHASE 5/1/2023 3/31/2024 10
DESIGN ENGINEERING PHASE 1/1/2024 6/30/2025 17
CONSTRUCTION PHASE 4/1/2025 3/31/2026 11
Closing Statement
In summary, Ms. Kirrin has managed the grant application “Letter of Interest” that was submitted to Metro as well as prepared the PowerPoint for the interview process. Ms. Kirrin facilitated and completed a bulk of the Metro Funding Agreement attachments including scope, schedule, budget and programming years, as well as led the preparation of the MOU’s with each of the jurisdictions. Ms. Kirrin has a deep understanding of the Project history with relation to Metro’s goals of implementing Rails to Rivers Segment B, and is able to represent and defend the independent utility of this project, and to ensure proper boundaries between Metro and the project team if/when pressured to incorporate more and more of their elements that jeopardize the available funds within the Funding Agreement to construct priorities that have been identified and are eligible for reimbursement under the project. Ms. Kirrin knows all the jurisdictions and extended stakeholders and worked with the elected officials. She knows the Metro staff and can independently prepare Funding Agreement reimbursement packages for a quick turn around to minimize the City’s leveraging of funds as higher expenditures in the design and into construction are submitted to the City for payment. For all these reasons, as well as her nexus working with the Gateway Cities jurisdictions, and her great reputation for having a confident positive attitude, Ms. Kirrin is uniquely qualified to be the Project Manager for this project.
Table 4 - Project Detailed Schedule
Unique Subregional Qualifications
The proposed Project Manager is also uniquely qualified for this position for a variety of geographical reasons. From the subregional perspective, Ms. Kirrin has worked with the Randolph Corridor jurisdictions and Metro, since 2013, as a transportation engineer for the Gateway Cities Council of Governments. She currently coordinates with Metro and the rails to river segment B project as part of this effort. She also coordinated with the CHSRA and the union pacific railroad (UP) from 2010 through 2020 under a state reimbursement agreement with various cities including Commerce.
Additionally, Ms. Kirrin has been closely coordinating with other subregional efforts including the West Santa Ana Branch Transit Corridor, for a number of years, and most recently the Eastside Transit Corridor Phase 2 along with the Washington Boulevard Collaborative. She has provided significant oversight in varying capacities for Caltrans freeway Corridors, including the I-5 and the I-710, which she has secured significant external funding for the impacted cities, through varying funding processes and grants for projects along both of these corridors.
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
5. Non-Collusion Affidavit
Request for Proposals
for Project Management Services for the Randolph Corridor Active Transportation Project Attachment 3: Non-Collusion Affidavit
California
Riverside
Yvette Kirrin - President
President
Southstar Engineering & Consulting, Inc.
Yvette Kirrin, PE
President
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
6. Cost Proposal
Cost Proposal
Southstar developed this cost proposal based on a true and realistic understanding of the limited funds available for the Project Management Services contract per the available funds. This assumes that the subsequent RFP for the Planning, Environmental, and Design phases will solicit a strong team to perform the necessary scope responsibilities with a limited need for this PM Services contract to get pulled into the day-to-day activities and allow Southstar to lead and facilitate the project, ensuring it’s properly coordinated and delivered within the Funding Agreement guidelines based on the scope tasks scoped in this proposal.
Table 5 below includes a summary of the full Not-to-Exceed budget. Additionally included below is a Southstar rate sheet in Table 6 that includes the rates for the personnel included in this proposal, as well as the general classifications for additional resources, if the City were to have an additional need and request their expertise on the project. These rates are fully burdened rates and include all overhead, benefits, etc.
The following pages includes a detailed cost proposal that was quantified using the scope of work tasks included in the RFP and allocating resources per task for each phase of the project.
Table 5 - Cost Proposal Summary By Phase
TOTAL PROJECT NOT-TO-EXCEED FEE BY PHASE
PROJECT PHASE HOURS COST % BUDGET
PLANNING/CONCEPT ENGINEERING 108 $24,300.00 0.36%
ENVIRONMENTAL 71.5 $16,087.50 0.24%
DESIGN (PS&E) 303 $68,175.00 1.02%
CONSTRUCTION 238.5 $53,662.50 0.80%
TOTAL 721 $162,225.00 2.42%
SOUTHSTAR RATE AND REIMBURSEMENT SCHEDULE (EFFECTIVE JANUARY 1, 2023)
POSITION TITLE BILLING RATE PER HOUR RANGE
Principal-in-Charge/Project Representative $195.00 - $306.60 Construction Manager $190.00 - $291.75
Structures Representative $190.00 - $281.14
Project Manager $190.00 - $285.31
Project Engineer $150.00 - $242.95
Resident Engineer $190.00 - $291.75
Assistant Resident Engineer $175.00 - $242.95
Construction Inspection $109.00 - $196.27
Document Control Specialist $89.00 - $179.29
Labor Compliance $89.00 - $164.44
Public Outreach Specialist $88.00 - $158.07
Utilities Coordinator $92.00 - $189.90
Scheduler $92.00 - $211.12
Office Support $65.00 - $147.47
Table 6 - Schedule of Standard Hourly Fee Rates
All Southstar rates shown below are subject to annual increase of 3%.
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
6. Cost Proposal
Task Month 1 Month 2 Month 3 Month 4 Totals (hrs.) Rate Total Review and fully understand the requirements of the Metro’s FA associated with the project. 0.5 0.5 0.5 0.5 2 225.00 $ $ 450.00 Review and fully understand the requirements of City of Commerce MOU with cities of Bell, Huntington Park and Los Angeles County. 0.5 0.5 0.5 0.5 2 225.00 $ $ 450.00 Assist City of Commerce, Lead Agency for compliance with FA compliance throughout various phases of the Project. 0.5 0.5 0.5 0.5 2 225.00 $ $ 450.00 Coordinate, hold and lead TAC meetings monthly or as necessary, prepare agenda, handouts, review and monitor schedule, review and monitor budget, prepare minutes, etc. 6 6 6 6 24 $ 225.00 $ 5,400.00 Assist the City in preparation of an RFP for professional services associated with Environmental, Planning and Design of the Project. 6 6 225.00 $ $ 1,350.00 Coordinate with Stakeholders, collect all necessary data and documents and prepare required quarterly reports and reimbursement requests to Metro. Recommend budgeting for 13 reimbursement packages.
2 2 4 225.00 $ $ 900.00
Assist the City in Metro’s final Project Audit before the final 5% payment to Commerce is released by Metro. 0 225.00 $ $ -
Coordinate and hold biweekly meetings with Project Consultant and Stakeholders. 2222 8 $ 225.00 $ 1,800.00 Manage work of project consultant including though not limited to review environmental documents for compliance with CEQA, Project plans and specifications and engineering estimates and related follow ups with the Consultant and the City. 4 4 4 4 16 $ 225.00 $ 3,600.00
Allow for up to 6 presentations for City Council and/or Board member meetings and participate in project related outreach efforts to be undertaken by Project environmental and design consultant as necessary.
8 8 225.00 $ $ 1,800.00
Keep track of Stakeholder’s project expenditures and budget. 1111 4 $ 225.00 $ 900.00 Coordinate, prepare and submit quarterly reports and reimbursement requests to Metro. 2 2 225.00 $ $ 450.00 Review Stakeholders project expenses and payment requests to City of Commerce and make a recommendation. Keep record of all such payments. 2 2 225.00 $ $ 450.00 Oversee the high-level activities and deliverables of the project during each phase. 4 4 4 4 16 $ 225.00 $ 3,600.00 Assist the City in preparation of RFP for Project Construction Management and Inspection services. 0 225.00 $ $ -
Explore and secure additional funding to cover project cost shortfall. 2 2 4 225.00 $ $ 900.00 Work closely with the project consultant, Gateway Council of Government, Metro and/or other regulatory agencies to secure portion of Union Pacific Railroad (UP) right of way adjacent to Randolph for bike trails and/or other related project amenities. Coordinate with affected agencies on any UP required related agreements through completion and execution. 2222 8 $ 225.00 $ 1,800.00
Totals 26.5 22.5 30.5 28.5 108 $ 24,300.00
Percent of Construction Capital 0.36%
Percent Utilization per Month 17% 14% 19% 18%
Average Hours per Week 6.625 5.625 7.625 7.125
City of Commerce
Project Management Services for the Randolph Corridor Active Transportation Project Proposed Services Plan
PLANNING (4 months, hrs.)
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
6. Cost Proposal
Task Month 1 Month 2 Month 3 Totals (hrs.) Rate Total
Review and fully understand the requirements of the Metro’s FA associated with the project. 0.5 0.5 0.5 1.5 225.00 $ $ 337.50 Review and fully understand the requirements of City of Commerce MOU with cities of Bell, Huntington Park and Los Angeles County. 0.5 0.5 0.5 1.5 225.00 $ $ 337.50 Assist City of Commerce, Lead Agency for compliance with FA compliance throughout various phases of the Project. 0.5 0.5 0.5 1.5 225.00 $ $ 337.50
Coordinate, hold and lead TAC meetings monthly or as necessary, prepare agenda, handouts, review and monitor schedule, review and monitor budget, prepare minutes, etc. 4 4 4 12 225.00 $ $ 2,700.00 Assist the City in preparation of an RFP for professional services associated with Environmental, Planning and Design of the Project. 0 225.00 $ $ -
Coordinate with Stakeholders, collect all necessary data and documents and prepare required quarterly reports and reimbursement requests to Metro. Recommend budgeting for 13 reimbursement packages. 2 2 225.00 $ $ 450.00 Assist the City in Metro’s final Project Audit before the final 5% payment to Commerce is released by Metro. 0 225.00 $ $ - Coordinate and hold biweekly meetings with Project Consultant and Stakeholders. 2 2 2 6 225.00 $ $ 1,350.00 Manage work of project consultant including though not limited to review environmental documents for compliance with CEQA, Project plans and specifications and engineering estimates and related follow ups with the Consultant and the City.
4 4 4 12 225.00 $ $ 2,700.00
Allow for up to 6 presentations for City Council and/or Board member meetings and participate in project related outreach efforts to be undertaken by Project environmental and design consultant as necessary. 8 8 225.00 $ $ 1,800.00 Keep track of Stakeholder’s project expenditures and budget. 1 1 1 3 225.00 $ $ 675.00 Coordinate, prepare and submit quarterly reports and reimbursement requests to Metro. 2 2 225.00 $ $ 450.00 Review Stakeholders project expenses and payment requests to City of Commerce and make a recommendation. Keep record of all such payments. 2 2 225.00 $ $ 450.00 Oversee the high-level activities and deliverables of the project during each phase. 4 4 4 12 225.00 $ $ 2,700.00 Assist the City in preparation of RFP for Project Construction Management and Inspection services. 0 225.00 $ $ - Explore and secure additional funding to cover project cost shortfall. 2 2 225.00 $ $ 450.00 Work closely with the project consultant, Gateway Council of Government, Metro and/or other regulatory agencies to secure portion of Union Pacific Railroad (UP) right of way adjacent to Randolph for bike trails and/or other related project amenities. Coordinate with affected agencies on any UP required related agreements through completion and execution.
2 2 2 6 225.00 $ $ 1,350.00
0 $ Totals 18.5 20.5 32.5 72 $ 16,087.50
Percent of Construction Capital 0.24%
Percent Utilization per Month 12% 13% 20%
Average Hours per Week 4.625 5.125 8.125
City of Commerce
Project Management Services for the Randolph Corridor Active Transportation Project Proposed Services Plan
CEQA
COMPLIANCE/ENVIRONMENTAL
(3 months, hrs.)
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
6. Cost Proposal
Task Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Totals (hrs.) Rate Total Review and fully understand the requirements of the Metro’s FA associated with the project. 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 6 225.00 $ $ 1,350.00 Review and fully understand the requirements of City of Commerce MOU with cities of Bell, Huntington Park and Los Angeles County. 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 6 225.00 $ $ 1,350.00 Assist City of Commerce, Lead Agency for compliance with FA compliance throughout various phases of the Project. 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 6 225.00 $ $ 1,350.00 Coordinate, hold and lead TAC meetings monthly or as necessary, prepare agenda, handouts, review and monitor schedule, review and monitor budget, prepare minutes, etc. 44444444 4 4 4 4 48 $ 225.00 $ 10,800.00 Assist the City in preparation of an RFP for professional services associated with Environmental, Planning and Design of the Project. 0 225.00 $ $ -
Coordinate with Stakeholders, collect all necessary data and documents and prepare required quarterly reports and reimbursement requests to Metro. Recommend budgeting for 13 reimbursement packages.
22 4 225.00 $ $ 900.00
Assist the City in Metro’s final Project Audit before the final 5% payment to Commerce is released by Metro. 0 225.00 $ $ -
Coordinate and hold biweekly meetings with Project Consultant and Stakeholders. 22222222 2 2 2 2 24 $ 225.00 $ 5,400.00 Manage work of project consultant including though not limited to review environmental documents for compliance with CEQA, Project plans and specifications and engineering estimates and related follow ups with the Consultant and the City. 44448888 8 8 8 8 80 $ 225.00 $ 18,000.00
Allow for up to 6 presentations for City Council and/or Board member meetings and participate in project related outreach efforts to be undertaken by Project environmental and design consultant as necessary.
8 8 225.00 $ $ 1,800.00
Keep track of Stakeholder’s project expenditures and budget. 11111111 1 1 1 1 12 $ 225.00 $ 2,700.00 Coordinate, prepare and submit quarterly reports and reimbursement requests to Metro. 2 2 2 6 225.00 $ $ 1,350.00 Review Stakeholders project expenses and payment requests to City of Commerce and make a recommendation. Keep record of all such payments. 2 2 2 6 225.00 $ $ 1,350.00 Oversee the high-level activities and deliverables of the project during each phase. 44444444 4 4 4 4 48 $ 225.00 $ 10,800.00 Assist the City in preparation of RFP for Project Construction Management and Inspection services. 2 2 4 1 9 225.00 $ $ 2,025.00
Explore and secure additional funding to cover project cost shortfall. 2 2 4 4 4 16 225.00 $ $ 3,600.00 Work closely with the project consultant, Gateway Council of Government, Metro and/or other regulatory agencies to secure portion of Union Pacific Railroad (UP) right of way adjacent to Randolph for bike trails and/or other related project amenities. Coordinate with affected agencies on any UP required related agreements through completion and execution. 22222222 2 2 2 2 24 $ 225.00 $ 5,400.00
Totals 18.5 20.5 28.5 26.5 22.5 22.5 22.5 28.5 24.5 30.5 26.5 31.5 303 $ 68,175.00 Percent of Construction Capital 1.00%
Percent Utilization per Month 12% 13% 18% 17% 14% 14% 14% 18% 15% 19% 17% 20% Average Hours per Week 4.625 5.125 7.125 6.625 5.625 5.625 5.625 7.125 6.125 7.625 6.625 7.875 City of Commerce
Project Management Services for the Randolph Corridor Active Transportation Project Proposed Services Plan
DESIGN (12 months, hrs.)
Proposal for City of Commerce - Project Management Services Randolph Corridor Active Transportation Project
6. Cost Proposal
Task Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Month 13 Month 14 Month 15 Month 16 Month 17 Month 18 Month 19 Month 20 Month 21 Month 22 Month 23 Month
24 Month 25
Totals
(hrs.) Rate Total
Review and fully understand the requirements of the Metro’s FA associated with the project. 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 12.5 225.00 $ $ 2,812.50 Review and fully understand the requirements of City of Commerce MOU with cities of Bell, Huntington Park and Los Angeles County. 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 12.5 225.00 $ $ 2,812.50 Assist City of Commerce, Lead Agency for compliance with FA compliance throughout various phases of the Project. 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 12.5 225.00 $ $ 2,812.50 Coordinate, hold and lead TAC meetings monthly or as necessary, prepare agenda, handouts, review and monitor schedule, review and monitor budget, prepare minutes, etc.
0 225.00 $ $ -
Assist the City in preparation of an RFP for professional services associated with Environmental, Planning and Design of the Project. 0 225.00 $ $ - Coordinate with Stakeholders, collect all necessary data and documents and prepare required quarterly reports and reimbursement requests to Metro.
Recommend budgeting for 13 reimbursement packages.
2222 222222 2 224 $ 225.00 $ 5,400.00
Assist the City in Metro’s final Project Audit before the final 5% payment to Commerce is released by Metro. 0 225.00 $ $ -
Coordinate and hold biweekly meetings with Project Consultant and Stakeholders. 22222222 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 50 $ 11,250.00 225.00 $ Manage work of project consultant including though not limited to review environmental documents for compliance with CEQA, Project plans and specifications and engineering estimates and related follow ups with the Consultant and the City.
444 4 4 4 4 28 $ 225.00 $ 6,300.00
Allow for up to 6 presentations for City Council and/or Board member meetings and participate in project related outreach efforts to be undertaken by Project environmental and design consultant as necessary.
0 225.00 $ $ -
Keep track of Stakeholder’s project expenditures and budget. 11111111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 25 $ 225.00 $ 5,625.00 Coordinate, prepare and submit quarterly reports and reimbursement requests to Metro. 2 2 2 2 2 2 12 225.00 $ $ 2,700.00
Review Stakeholders project expenses and payment requests to City of Commerce and make a recommendation. Keep record of all such payments. 2 2 2 2 2 2 12 225.00 $ $ 2,700.00 Oversee the high-level activities and deliverables of the project during each phase. 11111111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 25 $ 225.00 $ 5,625.00 Assist the City in preparation of RFP for Project Construction Management and Inspection services. 0 225.00 $ $ -
Explore and secure additional funding to cover project cost shortfall. 0 225.00 $ $ - Work closely with the project consultant, Gateway Council of Government, Metro and/or other regulatory agencies to secure portion of Union Pacific Railroad (UP) right of way adjacent to Randolph for bike trails and/or other related project amenities. Coordinate with affected agencies on any UP required related agreements through completion and execution.
11111111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 25 $ 225.00 $ 5,625.00 Totals 10.5 8.5 6.5 12.5 10.5 8.5 6.5 12.5 10.5 8.5 6.5 12.5 10.5 8.5 6.5 12.5 10.5 8.5 6.5 12.5 10.5 10.5 8.5 6.5 12.5 239 $ 53,662.50 Percent of Construction Capital 0.79%
Percent Utilization per Month 7% 5% 4% 8% 7% 5% 4% 8% 7% 5% 4% 8% 7% 5% 4% 8% 7% 5% 4% 8% 7% 7% 5% 4% 8% Average Hours per Week 2.625 2.125 1.625 3.125 2.625 2.125 1.625 3.125 2.625 2.125 1.625 3.125 2.625 2.125 1.625 3.125 2.625 2.125 1.625 3.125 2.625 2.625 2.125 1.625 3.125 City of Commerce
Project Management Services for the Randolph Corridor Active Transportation Project Proposed Services Plan
CONSTRUCTION (25 months, hrs.)
1945 Chicago Avenue, Suite C-2
Riverside, CA 92507
951.342.3120
southstareng.com
WORK PROPOSAL FOR:
1945 Chicago Avenue, Suite C-2
Riverside, CA 92507
951.342.3120
southstareng.com
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 2 for any and 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 3 City.
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 of Commerce, City of Bell, City of Huntington Park, and County of Los Angeles, 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) 4 in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved 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 6 Agreement.
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, 7 including apprenticeship.
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. 8 16. Attorney's Fees. In the event that either party to this Agreement shall commence 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 9 required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” 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.