Chino Quadrant III Water Line Replacement Project, City of Chino Project, Project Engineer/Specs Manager, 2017-2018
This City project required the replacement of approximately 8000LF of existing 6-inch ACP water pipe with new 8-inch PVC water pipe within13 local streets for the City. The process included obtaining DDW approvals for 8 of the 13 segments.
Portola Parkway Resurfacing Project, City of Lake Forest, Project Manager, 2015-2016 As PM, David provided civil engineering, surveying, geotechnical engineering and federal funding assistance services on the federally funded arterial pavement rehabilitation project which included design engineering, geotechnical engineering, surveying, and federal documentation/ approvals. The project included the rehabilitation of the arterial roadway as well as the identification and replacement of non-ADA compliant or non-functional PCC sidewalk, curb ramp, curb and gutter and other improvements. The design also included the replacement and updating of the roadway and bike lane striping throughout the project limits. The project also included the relocation and reconstruction of an existing median at Bake parkway in order to construct an additional left turn pocket.
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA• JUNE 13, 2024 • PG. 41
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES In addition to 16 years of private development experience, Mr. Broussard has over 21 years of municipal design and project management experience as Principal in Charge with the City of Huntington Beach Public Works Department, overseeing an annual Capital Improvement Program budget of approximately $25 million per annum.
Project specific responsibilities included street improvements, wastewater, stormwater, and special projects outside of the public right of way for the City as detailed below.
Selected Projects:
YTEC Re-Use Project at the Great Park, City of Irvine, Project Engineer, 2022-2023
As Project Engineer, Todd provided engineering services for the Building Demolition (Phase I) for the City of Irvine. Site Demolition and Rough Grading (Phase 2) is currently nearing completion. TAIT has also been awarded the final Phase for the Cultural Terrace West project, which will utilize the LIFOC site for re-use.
Youth Treatment and Education Center, Riverside County, Project Manager, 2022-2023
As Project Manager/Project Engineer, Todd oversaw in-house services, including surveying and engineering for the expansion of the County’s YTEC facility . Those improvements included a new recreation/learning building and supporting utilities.
Baldwin Park City Yard Improvement Project, City of Baldwin Park, Project Manager, 2021-2023
As Project Manager, TAIT provided in house services, including surveying, engineering, architectural, and fuel station design, for improvements to their City Yard. Those improvements include a total gut and reconfiguration of the main Administration building, as well as improvements to the warehouses and garage and site configuration.
Newport Beach City Yard Improvement Project, City of Newport Beach, Project Manager, 2023
As Project Manager/Project Engineer, Todd is currently overseeing services, including surveying, engineering, architectural, structural, and fuel station design, for improvements to their City Yard. Those improvements include an expansion of the waste material recovery operations, relocation of their fuel island, restroom and wash bay, in addition to a new CNG facility.
Parnell Park Reconfiguration Project, City of Whittier, Project Manager, 2022-2023
As Project Manager, Todd oversaw PS&E construction documents for demolition of all existing facilities to support a new soccer complex, practice fields, basketball court, playground, splash pad, and other amenities. TAIT’s services also included surveying to support the project.
Todd Broussard, P.E.,
QA/QC
Sr. Professional Engineer
Education
Master of Public
Administration, California
State University
B.S. Civil Engineering –
University of Louisiana,
Lafayette
Year of TAIT Team Enlistment
2021 (1989-1997) Previous
Total Experience
37 Certifications
Professional Engineer
California No. C57144
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA • JUNE 13, 2024 • PG. 42
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES Dennis Postler is Director of Public Infrastructure of TAIT & Associates’ Engineering Division in Santa Ana, CA. He is responsible for supervising staff at TAIT on the preparation of public infrastructure projects. As a Project Manager, Dennis has been involved with local roadway and federally funded arterial roadways design and management, public utility design and relocation, traffic design, and park development and design for over 37 years. In addition to managing and designing public capital improvement projects, Dennis has functioned as consulting city engineer to municipalities, has provided general city engineering services and managed plan reviews for developments, land division, stormwater, and final construction.
He also provides budgeting assistance; facility planning; sanitary sewer, water main, and storm sewer master planning; special assessments assistance; and QA/QC review and construction management. These services enable Dennis and his staff to efficiently assist public clients with their engineering and public works needs by being an extension of their staff. His work for both the public and private sectors has allowed Dennis to gain invaluable experience in understanding and appreciating what both sides bring to the table.
Selected Projects:
Figueroa Street Rehabilitation, City of Carson, Project Manager, 2023-24 This project includes surveying and civil engineering for 18 miles of an arterial collector roadway The roadway rehabilitation methods include full-width grind and overlay, and full pavement replacement and reconstruction where needed. The project also included concrete reconstruction where needed The project also included concrete reconstruction, repair of damaged sidewalks, driveways, curbs and gutters to meet Americans with Disabilities Act (ADA) requirements, signing and striping improvements, tree removal and replacement based on safety hazards.
Las Palmas Area Street Rehabilitation, City of Fullerton, Project Manager, 2024 This project included surveying and civil engineering for a half mile of rural residential collector full-depth pavement reclamation, three quarters of a mile of residential collector full-width grind and overlay and full pavement replacement where needed, and a half mile of residential cul-de-sacs slurry seal with full pavement replacement where needed. The project also included concrete reconstruction, repair of damaged sidewalks, driveways and curbs & gutters to meet Americans with Disabilities Act (ADA) requirements, signing & striping improvements, and removal and replacement and CIPP lining of damaged sanitary sewer and storm drain utilities.
Whittier Parks & Parking Lot Improvements – Michigan, Kennedy & Guirado Parks, City of Whittier, Project Manager, 2023-24
This project included Survey and Civil Engineering services for modifications and improvements to three parks in the City of Whittier. The project consisted of parking lot rehabilitations and ADA parking and pedestrian improvements in all three parks. Specific improvements to each park included basketball court and fitness court construction, restroom removal, and site improvements for a pre-fab building addition. Services included Topographic Survey, Utility Notifications/Coordination, Demolition Plan, Utility Plan, Grading Plan, Horizontal Control and Signing/Striping Plans. In addition, Specifications, Cost Estimates, Bidding Support, and Construction Support were in included in the Scope of Services.
Dennis Postler, P.E.,
Director of Public
Infrastructure/Sr.
Professional Engineer
Education
B.S. Civil Engineering –
University of Minnesota
Year of TAIT Team Enlistment
2023
Total Experience
37 Certifications
Professional Engineer
California No. C46106
Minnesota No. 22011
Wisconsin No. 28521-6
Michigan No. 6201068766
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA• JUNE 13, 2024 • PG. 43
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES Mr. Engelbach has extensive experience in preparing hydrology and hydraulic analysis utilizing AES, Civil-D and WSPG for a variety of public works and private development projects. Additionally, he has experience with developing and designing Water Quality Best Management Practices (BMPs) WQMP, report preparation, coordination with clients, sub-consultants, site managers, contractors, and survey crew. Mr. Engelbach’s technical skills, abilities and engineering experience allow him to assist on all areas of a project.
Jeronimo Road Widening, City of Lake Forest, Project Engineer, 2020-Current
The Jeronimo Road Widening Project will correct the current roadway geometry of Jeronimo Road at the Intersection with El Toro Road in the City of Lake Forest.
Mr. Engelbach is the Project Engineer handling the roadway widening design which includes vertical and horizontal design, drainage, relocation of existing public and private improvements, reconstruction of existing roadway medians and construction of a new retaining wall. In addition to engineering services Mr.
Engelbach supports coordination with the client, land owners, and appropriate utility purveyors.
Balboa Peninsula Alley Reconstruction and Sewer Repair Project, City of Newport Beach, Project Engineer, 2020-Current
The Balboa Peninsula Project will extend the existing alley, provide needed additional width, correct existing drainage, provide accessible paths of travel, and repair damaged portions of the existing public sewer line. Mr. Engelbach’s familiarity with the City’s standards along with his knowledge of roadway design and drainage are an asset in facilitating the client’s budgetary and scheduling needs.
Trabuco Road Median, City of Lake Forest, Project Engineer, 2020-Current
The Trabuco Road Median Project will provide a safe left turn to and from the Ascension Cemetery Located in the City of Lake Forest. This project includes the design of a new acceleration lane and redesign of existing medians. Mr.
Engelbach is the Project Engineer handling the roadway design which includes vertical and horizontal design while maintaining existing drainage patterns. 2020 Local Paving Project, City of Seal Beach, Project Manager, 2020- 2021
Project Manager for civil engineering design services on several residential roadways in the College Park neighborhood. The project limits include a total of
0.83 miles of residential roadway uniform and variable depth grind and overlay on two (2) lane.
Chris Engelbach,
E.I.T.
Project Engineer (Roadway/
Pavement)
Education
B.S. Civil Engineering,
California State Polytechnic
University, Pomona
Year of TAIT Team Enlistment
2016
Total Experience
12 Certifications
E.I.T.
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA • JUNE 13, 2024 • PG. 44
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES Samantha A.
Wohlfarth, P.E.
Professional Engineer (Site/
Infrastructure)
Education
B.S. Civil Engineering,
Valparasio University
Year of TAIT Team Enlistment
2012
Total Experience
12 Certifications
Professional Engineer
California No. 861216
Ms. Wohlfarth has professional experience that includes the preparation of grading plans, water main replacement plans, storm drain plans and drainage reports, sewer plans, cost estimates and storm water management reports for public and private developments throughout Southern California, Western Washington, and North Dakota.
Her project experience also includes the preparation of storm water quality reports such as SWPPP, WQMP, SUSMP and LID as mandated by the state and local municipalities.
Ms. Wohlfarth has technical knowledge with multiple software programs including AutoCAD 2009-2018, Civil 3D, Land Desktop, Microstation, GeoPak, WWHM2012, RetainPro, and additional specialty programs.
Selected Projects:
Glendale FY2021-2022 Water Main Replacement Projects Glendale Water & Power, Project Manager, 2021-2023
TAIT was contracted to provide design build services with JDC for various neighborhood water main replacement projects. The project required the replacement of approximately 15,000 LF of existing water pipe within 20 local streets, while working in residential streets and incorporating a design that would work with many existing utilities.
The process included obtaining DDW approvals for many of the segments.
Dana House Hotel and Surf Lodge Hotel – Project Manager– Dana Point, CA, 2019-Present
As the project manager, Ms. Wohlfarth designed and coordinated the entitlements of the new hotel development at the Dana Point Harbor, in Dana Point, CA. The hotel development is part of an overall Dana Point Harbor redevelopment that in addition to the 5.95 acre hotel site includes approximately 20 acres of redevelopments. This created additional coordination challenges between all of the developments. The project consisted of on-site grading, on and off-site storm drainage design, new off-site driveways within the City’s right of way as well as sidewalk and curb ramp improvements within County right of way. The project is currently undergoing a lengthy entitlement and EIR approval process with South Orange County and the City of Dana Point.
Pipeline Management Program, FY2018-2019 Phase 1 Project Glendale Water & Power, Project Manager/Engineer, 2018-2019 TAIT was contracted to provide design build services with JDC for the Pipeline Management Program, FY2018-2019 Phase 1 water main replacement project. The project was located in residential streets in various areas of Glendale which required our team to develop construction documents that could accommodate traffic while working in residential streets and a design that would work with many existing utilities.
Chino Quadrant III A, B, and C Water Line Replacement Project, City of Chino, Project Manager/Engineer, 2017-2018
This City project required the replacement of approximately 8000LF of existing 6-inch ACP water pipe with new 8-inch PVC water pipe within13 local streets for the City.
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA• JUNE 13, 2024 • PG. 45
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES Daniela Malott, P.E.
Professional Engineer
(Drainage/WQMP)
Education
M.S. Civil Engineering
(Hydrology & Water
Resources), University of
California, Irvine
B.S. Civil Engineering,
California State University,
Long Beach
Year of TAIT Team Enlistment
2017
Total Experience
12 Certifications
Professional Engineer
California No. C86581
Mrs. Malott has a strong civil engineering background with a water resources and surface water focus. Her engineering experience includes storm drain design, hydrology analysis, and hydraulics analysis and modeling. Prior to working for TAIT & Associates, she was a Civil Engineer at Michael Baker International for 4 years. Before working at Michael Baker International she interned for the Los Angeles County Department of Public Works. Her computer modeling background includes the application of Watershed Modeling System (WMS), Advanced Engineering Software (AES) for hydrologic/hydraulic analysis in Southern California, Water Surface Pressure Gradient (WSPGW) Software, XP-Solutions Storm Water and Wastewater Management Model (XP-SWMM), AutoCAD Civil 3D, ArcGIS, and the U.S. Army Corps of Engineers HECHMS (Hydraulic Modeling System), HEC-SSP (Statistical Software package), and HEC-RAS (River Analysis Software). Selected Projects:
Storm Drain Plans, Estimates, and Specifications for MDP Line S-1B, City of Norco, Project Manager/Engineer, 2022
Project Manager/Engineer for the Norco Master Plan of Drainage Storm Drain Line S-1B project, includes the design of a 24-inch storm drain later extension line along Golden West Lane. The scope of work for the design of the storm drain system includes hydrology and hydraulics analysis for the proposed line, surveying, preparation of Plan, Specifications and Estimates (PS&E), assisting the City in the bidding process and construction support.
Dana Point Harbor Revitalization, City of Dana Point Harbor, Project Manager, 2018-Present
Ms. Malott has provided stormwater technical design for the Master Plan of Drainage for Planning Areas 1 and 2, supported the development of the Hydrology and Hydraulics Basis of Design Report and WQMP for Planning Areas 3 and 4 for the Coastal Commission Project Application. Starting 2020, she has assisted as the Project Manager for the Commercial Core and Marina development portions of the DPH Revitalization Plan. As the Project Manager, Mrs. Malott has overseen the preliminary design of different aspects of the project, and the construction documents design and development for the Phase 2 of the Commercial Core Portion of the DPH Revitalization Plan. Additionally, Mrs. Malott has led a team of 10 Civil Engineering Designers to support the Projects efforts, while maintaining and providing coordination with the client and other subconsultants. Her organizational skills, civil design knowledge and experience, and communication abilities resulted in timely submittals and project reviews to achieve deadlines and project schedule, as well as to maintain project budget goals.
WQMP/BMP Design for Bristol Street Improvements and Civic Center Street Improvements, City of Santa Ana, Project Manager/Project Engineer, 2020
Mrs. Malott served as the Project Manager/Project Engineer, she provided client coordination, scheduling tracking, reviewed internal scheduling and supported the City in a timely manner and under the budget to achieve the project goals.
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA • JUNE 13, 2024 • PG. 46
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES As a firmly established architect in Southern California, Mr. Hinson has more than 31 years of experience in all aspects of the architectural field. Dan has established and maintains a diverse list of clientele. Dan has extensive experience in the construction industry from finishing concrete to general contracting. As a general contractor, he has provided Design-Build projects consisting of office space, restaurants, hotels and concrete “tilt-up” buildings.
The combination of construction field experience along with architectural sensitivity gives Dan a truly unique ability to provide balance to a project. It is this understanding that gives clients confidence that projects will meet a budget and be completed on time, a value that always brings a vision into reality. Selected Project Experience:
Glen Helen Rehabilitation Center, Sheriff’s Multipurpose and Classroom Facility
The Project includes a new structure with Office Space and a Training Area and Conference Room located within the Rehabilitation Center.
Orange County Sherriff, IRC Carousel Replacement Project Dan has served as the Principal-in-Charge/Architect-of-Record for the Orange County Sherriff for the IRC Carousel Replacement Project. This project consists of the documentation of the existing carousel and support facilities on two levels of the Intake Release Center, the re-design of a new carousel and the Construction Documents for the entire project.
City of Norco Community Center, Conceptual Design
The Project includes a 7,200 S.F. Day Care Facility, a Multi-Purpose Building and a 8,400 S.F. Library. The site was designed to promote outdoor activities which included and amphitheater and a large outdoor patio area.
Riverside County Department of Environmental Health (Corona Office) The project includes the design and preparation of tenant space for new County Offices.
Department of Naval Warfare
The Project includes Schematic Design of three structures for processing with the Federal Government for funding.
San Bernardino County Department of Child Services, Conceptual Design
Developed a Program based on staff needs and desires and also prepared a schematic design that was functional and cost effective.
Knabe Road Day Car Facility and Medical Office
The Project includes a new private day care facility with necessary State approvals and a two story private Medical Office structure.
Dan Hinson, Architect
Principal/Architect-of-Record
Education
B.S. Civil Engineering –
California State University
Year of TAIT Team Enlistment
2017
Total Experience
31 Certifications
Licensed Architect
California No. C27416
Registered Contractor
California, No. B338174
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA• JUNE 13, 2024 • PG. 47
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES Michael Furlong,
P.L.S.
Sr. Professional Surveyor
Equipment
GPS-Trimble & Lieca, Total
Stations Trimble & Leica, Data
Collectors- Trimble, Leica &
Allegro, Electronic Levels,
AutoCAD
Year of TAIT Team Enlistment
2019
Total Experience
45 Certifications
CA P.L.S. No. 8899
Mr. Furlong is a Land Surveyor licensed in the State of California with 45 years of experience, over 30 of those being in the Field on all types of Projects from Boundary Surveys to Construction Services with some of the largest listed below. More recently he has spent years providing Mapping Services preparing Tract Maps, Parcel Maps, Record of Surveys, Corner Records and Exhibits of all kinds as well as providing Support to Engineering and Field Support for the Survey Crews.
Public Works Related Projects
• On-call Services for Caltrans District 7 East Contact Area providing Construction Staking and Topographical Surveys on various large widening and reconstruction Highway Projects including the 10, 110, 134 and 210 Freeways. • Topo and mapping of various rivers at bridge crossings along HWY 101, Santa Clara County.
• SR 71 Segments 1 through 3 in Chino, 6 miles of new Freeway Construction. • I-10 Segments 1 and 2 in Montclair and Ontario, 10 Miles of Freeway widening. • SR 30/210 Segments 4, 5 and 7 in Rancho Cucamonga and Fontana, 6 miles of new Freeway Construction.
• I-10 in El Monte, 2 Miles of Freeway widening with 12 Undercrossing structures to be widened.
• SR 60 in Moreno Valley, 8 miles of Freeway widening.
Subdivisions
• Coyote Canyon, a 400 Lot Development in North Fontana with extensive Storm Drain Improvements.
• Sunnymead Ranch a 2000 Lot Development in Moreno Valley. • Infrastructure for Moreno Valley Ranch a large Development in Moreno Valley. • Many other Residential and Commercial Development Projects in Orange, San Bernardino and Riverside County.
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA • JUNE 13, 2024 • PG. 48
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES
EDUCATION
B.S. (Civil Engineering) 1995
REGISTRATION
Professional Civil Engineer
(CA) C69467
Professional Civil Engineer
(VA) 33614
Professional Traffic
Engineer (CA) TR2565
ADDITIONAL SKILLS
Contract Management
Project Management
THOMAS J. WHEAT, P.E., T.E.
Principal-in-Charge / Owner
CAREER SUMMARY
Mr. Thomas J. Wheat, P.E., T.E., is the owner and Principal of TJW. He has been involved in the traffic engineering profession for over twenty-six years managing and designing traffic engineering and transportation planning related projects for both the public and private sectors. His versatile experience includes a wide variety of design and construction projects, and traffic engineering studies. This includes, traffic signals, traffic control, signing and striping, signal timing, ITS, traffic impact studies, warrant analyses and traffic safety studies. Acting as an extension of staff, Mr. Wheat has represented agencies and cities at City Council meetings, Planning Commissions, Public Works Committees, and public outreach meetings. With expertise in traffic engineering, Mr. Wheat has also provided plan check services to the cities of Canyon Lake, Perris, and San Jacinto in Riverside County as well as to the Public Works Department of Orange County.
Leading the TJW team, TJW has had the opportunity to design miles of signing and striping plans and traffic control plans and over 45 traffic signalized intersections and roundabouts within the Orange County Great Park and Neighborhoods in the City of Irvine since 2012. Along with the design, TJW analyzed the capacity and efficiency of roundabouts surrounding Great Park’s sports park. In addition to design work, Mr.
Wheat has also prepared a variety of traffic engineering studies including traffic impact studies, trip generation studies, parking studies, safety studies, and warrant analyses, to name a few, for various clients and agencies throughout Southern California as well as for public agencies on the East Coast.
Mr. Wheat also has substantial experience in the operations side of traffic signals where he has created timing plans for individual signalized intersections as well as signal systems by using modeling programs, such as Synchro and SimTraffic. He has had the opportunity to adjust and implement timing plans into individual field controllers along with a city’s centralized signal system computer.
RELEVANT EXPERIENCE
• Citywide Traffic Signal Upgrades, Lake Forest, CA
• Great Park Neighborhood Traffic Engineering Design, Irvine, CA • Willow Lane and Manzanita Lane Pedestrian Signal Warrant Review and Pedestrian Beacon Design, Thousand Oaks, CA
• Eucalyptus Ave. and Auto Mall Dr. HAWK Signal Design, Moreno Valley, CA • US-395 and SR-18 (Palmdale Road) Traffic Analysis and Off-Site Design, Victorville, CA
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA• JUNE 13, 2024 • PG. 49
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES
EDUCATION
Cal Poly Pomona
B.S. Civil Engineering (2006)
REGISTRATION
Professional Civil Engineer (CA)
C83175
Professional Traffic Engineer
(CA) TR2684
ADDITIONAL SKILLS
APWA PWI Certified Manager
Agency Coordination
Microsoft Word, Excel,
Powerpoint etc.
Traffic Analysis Software -
Synchro
CAD Software – AutoCAD,
Microstation
CAREER SUMMARY
Mr. Gene Kim, P.E., T.E. is a licensed Civil and Traffic Engineer in the State of California with over 17 years of traffic engineering experience in both private and public agencies. His experience includes transportation planning and traffic design projects such as traffic impact analyses, parking studies, queueing studies, warrant analyses, traffic safety assessments/studies, traffic calming assessments, traffic signals, traffic control and signing & striping design. He has also provided plan check and transportation planning/ traffic engineering services for various land development and construction companies in various cities throughout Southern California. He is also experienced in design-build project-related maintenance of traffic design, traffic analysis of design alternatives and agency coordination.
Most recently, he served a 7-year tenure as a public agency City Traffic Engineer where he was involved in the various aspects of municipal traffic engineering, which was comprised of field observations, safety assessments, traffic data collection, parking demand assessment, speed limit designation, conducting neighborhood and outreach meetings, traffic calming, and engineering design and traffic analysis. His position also afforded him the responsibilities of staff oversight, CIP project management, traffic engineering design and transportation planning plan check and study reviews. His municipal experience also included extensive administrative involvement as a staff liaison for the Public Works Commission (which included writing technical and administrative reports, and presentations) and presentations to the City Council to help carry out their interests, and the interest of constituents.
As part of the TJW team, Mr. Kim has had the opportunity to use his experience and skillset to enhance the management of client relationships while conducting, and supervising staff on, traffic studies and design projects within Southern California, and several projects in the State of Idaho. With the municipal experience gained, Mr.
Kim has also been able to successfully navigate inter-agency coordination, while managing agency demands in helping to address their needs.
RELEVANT EXPERIENCE
• Public Agency City Traffic Engineer
• SR-91 Corridor Improvement Design-Build MOT Lead and Coordination • California High Speed Rail (CAHSR) Project
• Camp Pendleton Basewide Traffic Safety and Operations Analysis GENE KIM, P.E., T.E.
Principal Engineer
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA • JUNE 13, 2024 • PG. 50
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES Gregory K. Mitchell
Principal Engineer
• • • •
Professional Registrations
Registered Civil Engineer, California
Registered Geotechnical Engineer, California
Education
BS Civil Engineering, University of New Mexico, 1987
Professional Training
Shallow Foundation Short Course,
University of Missouri-Rolla, 1987
USEPA 40-hour HAZWOPER Training, 1987
Slope Stability and Landslides Short Course
University of Wisconsin, 1997
Experience
Over thirty years’ experience in the geotechnical field. Began career as a field engineer on both environmental and geotechnical assignments. The geotechnical assignments included supervision of drilling rigs during geotechnical investigations, and field density testing as part of grading control operations.
Mr. Mitchell managed the geotechnical operations at a branch office of a national engineering firm for three years, and was the regional manager for a second national firm for 7 years. In addition to the management activities, also had responsibility as a senior-level engineer, and obtained extensive experience in preparing and supervising geotechnical studies for commercial, industrial, residential and retail properties, including warehouses, manufacturing facilities, bridges, towers and single-family residences. Many of the commercial/industrial projects consisted of distribution centers in excess of 1,000,000 square feet. Projects have also included mid- and high-rise office buildings, parking structures and industrial equipment such as concrete batch plans and aggregate processing facilities. Provided designs for shallow foundations, drilled piers, driven piles, pavements, floor slabs and retaining walls. Geotechnical experience also includes liquefaction studies, fault studies, forensic investigations, pavement studies, groundwater studies, landslide evaluations, slope stability studies, and general geotechnical consulting services.
Mr. Mitchell currently has joint responsibility for overall management, administration and operations of the Corporation. Duties include proposal and report preparation, development and implementation of field and laboratory testing programs for geotechnical and environmental investigations, and preparation of comprehensive geotechnical reports.
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA• JUNE 13, 2024 • PG. 51
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES RESUME
Daniel Nielsen, PE
Senior Engineer
Professional Registrations
Registered Civil Engineer, California
Education
BS Civil Engineering, California State Polytechnic University, 2007 Professional Training
Fundamentals of Professional Practice Course, 2017
Experience
Mr. Nielsen began his career at Southern California Geotechnical in 2005. His duties primarily consisted of field investigation including construction observation and testing, logging geotechnical borings and trenches, percolation testing, and infiltration testing.
His duties as a staff-level engineer progressively expanded to include engineering analysis and report preparation for geotechnical investigation reports, shrinkage studies, segmental block retaining wall design, and infiltration studies.
Mr. Nielsen is experienced with various projects types including warehouses, hotels, manufacturing buildings, retail buildings, medical office buildings, residences, bridges, airfield pavements, and building additions. His geotechnical experience includes liquefaction evaluations, slope stability analyses, deep foundation design, pavement design, laboratory testing, and general geotechnical consulting services.
Mr. Nielsen is presently involved with all phases of project coordination, scope definition, proposals, subsurface investigation, lab scheduling, site characterization, design and analysis, and report preparation.
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA • JUNE 13, 2024 • PG. 52
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES RESUME
Daryl R. Kas
Senior Geologist
Professional Registrations
Registered Geologist, California
Certified Engineering Geologist, California
Education
BS Geology, California State University Long Beach, California, 2001 Professional Training
USEPA 40-hour HAZWOPER Training, 2013
Fundamentals of Professional Practice Course, 2018
Experience
Mr. Kas began his career as a staff geologist and has progressed to a senior geologist at Southern California Geotechnical, Inc. (SCG). For over 17 years, he has managed geotechnical investigations related to engineering geology, geologic hazards, slope stability, and liquefaction.
Mr. Kas has extensive experience in:
• geological/geotechnical subsurface investigations;
(drilling, sampling, trenching, and rock coring)
• geologic mapping;
• geologic/geotechnical feasibility investigation;
• geologic hazard studies;
• fault studies;
• landslide evaluations;
• photo-geologic interpretation;
• detail-oriented data and literature reviews/research; and • floor level surveys and forensic investigation.
Mr. Kas has performed numerous geological/geotechnical engineering studies for the following type of projects:
• Commercial/Industrial – Concrete tilt-up distribution/warehouse buildings less than 100,000 ft² to over 1,000,000± ft² in size
• Office – Low to mid-rise office buildings with associated parking structures • Residential – Single-family and multi-family residential buildings to hill-side grading residential developments.
• Retail/Restaurant – Multi-tenant retail buildings, chain restaurant buildings, and nation-wide banks
Mr. Kas currently has responsibility of overall management of the geotechnical/geologic field staff. His current duties also include proposal and report preparation, project oversight and status, field supervision for geotechnical investigation, and preparation of geotechnical and geologic reports. Mr. Kas is a Professional Geologist and a Certified Engineering Geologist in the state of California. He values participation in industry associations and is currently a member of the Association of Environmental and Engineering Geologists (AEG).
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA• JUNE 13, 2024 • PG. 53
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES RESUME
Pablo Montes
Project Engineer
Professional Registrations
Engineer in Training, June 2005
Nuclear Density Gauge Certification, December 2005
Education
BS Civil Engineering, California State Polytechnic University, 2005 Experience
Mr. Montes is involved with all phases of project coordination, scope definition, proposals, design and analysis, and report preparation.
Mr. Montes’ duties at Southern California Geotechnical include assistance in preparing of Geotechnical Investigations, drafting geotechnical plans, performing slope stability analyses, pile design, cost estimates, and supervising lab work. Mr. Montes’ duties also include grading and earthwork observation and testing at construction sites as well as preparing compaction reports.
Professional History
Southern California Geotechnical, Inc.
Yorba Linda, California
Staff Engineer
November 2005 to Present
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA • JUNE 13, 2024 • PG. 54
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES RESUME
Gary R. Conrads
Field Operations Manager
Professional Certifications
Nuclear Density Gauge Certification
Radiation Safety Officer Certification
Education
Fairleigh Dickinson University, 1984, B.A. Geology
Experience
Mr. Conrads has over twenty years of successful geotechnical experience, specifically in the area of grading and earthwork observation and testing. Related responsibilities also include extensive experience in training and supervision of others in that area. His experience includes geotechnical testing activities in the laboratory and at the construction site. He is experienced in all phases of grading activities for commercial, retail, and residential projects as well as preparing compaction/grading reports for those projects. He is familiar with interpreting and implementing construction plans, and with local, state and federal regulatory compliance.
Mr. Conrads is as well qualified and experienced in all aspects of project management as he is in geotechnical field and laboratory work. His specific areas of expertise include:
Technician Supervision/Training
Project Management
Grading Observation and Testing
Compaction Testing of Soils, Base Materials, Asphalt
Subgrade Stabilization Techniques Including Lime Stabilization Maximum Density Curves
Expansion Index Testing
Consolidation Testing
Supervision of Drill Rig and Sampling Procedures during Subsurface Exploration Grading/Compaction Reports
Pavement Design Reports
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA• JUNE 13, 2024 • PG. 55
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES Resumes
conceptual design & planning company landscape architecture & land planning
JIM BALDOVIN
Managing Principal | Landscape Architect
Project Experience
• Town Square Las Vegas Park Renova� on | Las Vegas, NV • Wild Rivers Water Park | Irvine, CA
• Schleisman Road Streetscape Theming | Eastvale, CA
• Moreno Valley Mall Renova� on | Moreno Valley, CA
• Newport Boulevard Streetscape Improvements | Costa Mesa, CA • Kitsap Mall Renova� on Pocket Park | Silverdale, WA
• La Canada Flintridge Streetscapes Renova� on | La Canada Flintridge, CA • La� no Health Access Community Center + Neighborhood Park | Santa Ana, CA • Mariners Church Campus + Playground Renova� on | Irvine, CA • J Serra High School Sports Complex + Pedestrian Bridge | San Juan Capistrano, CA • Whi� er Chris� an School Sports Fields | La Habra, CA • Del Amo Park Community Center, Playground + Sports Fields | Carson, CA • Atascadero High School Baseball + Soccer Field Renova� on | Atascadero, CA • Grijalva Park Irriga� on and Landscape Renova� on | Orange, CA • Azalea Regional Shopping Center | South Gate, CA
• Castle Heights Elementary School | Los Angeles, CA
• Evermont Aff ordable Housing and Transit Plaza | Los Angeles, CA • Hya� Regency Newport Beach Pool Courtyard Renova� on | Newport Beach, CA • Intel Perimeter Renova� on | San Jose, CA
• Irvine Ranch Water District Professional Center | Irvine, CA • Michigan Avenue Traffi c Circles | Santa Monica, CA
• Monterey Road Elementary School Sports Field Moderniza� on | Atascadro, CA • St. Joseph Hospital | Orange, CA
Jim Baldovin is the Landscape Architect of record for all projects at CDPC and will approve all landscape architectural design documents and construc� on documents. Jim is the founder and Principal Landscape Architect of Conceptual Design and Planning Company. As a Landscape Architect with over 39 years of hands on experience, Jim embodies CDPC’s philosophy of ‘social environmentalism’ and is primarily responsible for the company’s strategic planning and business development. He is ac� vely involved in all aspects of project development including site planning, development of design concepts, submi� al review and construc� on administra� on. Jim is always focused on the project requirements, program elements, sustainable environmental concerns and client needs. Jim’s diverse background brings a unique point-of-view and approach to all of CDPC’s projects. He is an advocate for the prac� ce of Landscape Architecture and helps maintain industry professionalism by mentoring students and recent college graduates.
Educa� on
BS Landscape Architecture,
Cal Poly, San Luis Obispo, CA
Professional Affi lia� ons
Registered Landscape Architect
CA #4176 | AZ #46496
CO #1135 | HI #LA-18985
NM #LA649 | NV #941
TX #3261 | UT #10438291
WA #1451 | WY #0260C
Expert Witness
McMillin Morgan Hill, LLC vs.
Van Dyke Landscape Architects
Philanthropy
The Bourke Family Founda� on,
Lights for Literacy Board Member
Cal Poly, San Luis Obispo
Landscape Architect
Mentoring Program
Alliance Founda� on
Board Member
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE CITY OF GARDENA • JUNE 13, 2024 • PG. 56
TAIT & ASSOCIATES, INC.
GENERAL CIVIL ENGINEERING DESIGN ON-CALL PROFESSIONAL SERVICES ON-CALL ENGINEERING SERVICES
JENNIFER FREDERICK
Director of Design
Jennifer has been with CDPC over 25 years and serves as Director of Design. She is an enthusias� c designer and contributor, winning several industry awards for her contribu� ons in landscape design. As Director of Design, Jennifer establishes the ow and rhythm of spaces and pedestrian circula� on, leading to harmonious integra� on of program elements.
Her strong design sense brings cohesiveness to elements such as design, materials, FF&E and overall theming. Her love of landscape architecture is a great in uence in her work and inspires her to create new and exci� ng designs in a broad range of industry sectors. She is a skilled project manager with a forte in crea� ve problem solving and client rela� ons.
Project Experience
• Town Square Las Vegas Park Renova� on | Las Vegas, NV • Wild Rivers Water Park | Irvine, CA
• Azalea Regional Shopping Center | South Gate, CA
• Schleisman Road Streetscape Theming | Eastvale, CA
• Moreno Valley Mall Renova� on | Moreno Valley, CA
• Kitsap Mall Renova� on Pocket Park | Silverdale, WA
• Renaissance Marketplace | Rialto, CA
conceptual design & planning company landscape architecture & land planning Resumes
EducaƟ on
BS Landscape Architecture,
Cal Poly, San Luis Obispo
Study Abroad, Florence, Italy
ERIK PETERSON
Senior Project Manager
EducaƟ on
BS Landscape Architecture,
Temple University, Philadelphia, PA
Relevant Project Experience
• Schleisman Road Streetscape Theming | Eastvale, CA
• Wild Rivers Water Park | Irvine, CA
• Mariners Church Campus + Playground Renova� on | Irvine, CA • County of Orange Plan Check Services | Orange County, CA • Renaissance Marketplace | Rialto, CA
• Promenade at Downey Retail Power Center | Downey, CA
Erik is an experienced project manager with a proven track record of managing large projects in various industry sectors, including public works. Erik was the Project Manager for the succesful Hamner Place Mixed Use Development and the Schleisman Road Theming project for the City of Eastvale and currently serves as Plan Checker for the County of Orange.
Erik is an accomplished Landscape Designer and Project Manager with over 15 years of experience under his belt. Erik is a driving force behind the successful comple� on of many projects at CDPC. His passion for combining the art of environmental design with the prac� - cal aspects of construc� on make him an invaluable member of our team. In addi� on to Erik’s well-re ned technical abili� es, he also possess the ability to monitor jobs and keep them on-schedule and on-budget. Successfully managing simultaneous projects, large and small, is a skill Erik has mastered by keeping the lines of communica� on open throughout the project life cycle and working effi ciently within the established budget.
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE //Santa Ana - Orange County, CA (HQ)
Norco, CA
Sacramento, CA
Boise, ID
Denver, CO
Dallas, TX
Atlanta, GA
TAIT & Associates, Inc.
701 N. Parkcenter Drive
Santa Ana, CA 92705
Contact: David Sloan, P.E.
T: (714) 560-8200 ext. 643
[email protected]
www.tait.com
Docusign Envelope ID: D3C2E5C4-B64B-4FD8-BAF0-413A658853CE Consultant Agreement with Terracon Consultants, Inc Page 1
CITY OF GARDENA
CONSULTANT AGREEMENT WITH
TERRACON CONSULTANTS, INC
This Agreement is entered into this 10th day of September, 2024, by and between the City of Gardena, a municipal corporation (“City”) and Terracon Consultants, Inc, a DE Corporation (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree, as follows.
1. RECITALS. This Agreement is made and entered into with respect to the following facts:
A. Whereas, City is desirous of obtaining the as-needed professional on-call consultant services in the following category or categories:
• Geotechnical Engineering, Geology and Material Testing
B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to accomplish these services; and
C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement; and
D. Whereas, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
2. TERM OF AGREEMENT. This Agreement shall commence upon execution and shall continue until September 9, 2027 (3-yr term), with an option to extend for one additional two-year at City’s discretion, unless earlier terminated as provided below.
A. Either party may terminate this Agreement, without cause, by giving thirty (30) days written notice to the other party.
B. City may terminate this Agreement for cause by giving thirty (30) days written notice to Consultant. Lack of funding shall be considered cause for terminating this Agreement.
C. Upon termination, Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to City all data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the services under this Agreement, whether completed or in Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 2 progress. Consultant shall be entitled to reasonable compensation for the services it performs up to the date of termination; however, if the Agreement is terminated by City for cause, other than lack of funding, or by Consultant without cause, City shall be entitled to deduct any costs it incurs payment to another consultant for Services, which duplicate Consultant’s Services to date. In the event of termination for other than cause attributable to Consultant, Consultant shall be deemed released for liability for any work assigned but not completed as of the effective date of termination.
3. SERVICES. Consultant agrees to provide the services as specified in the City’s Request for Qualification (“RFQ”), Exhibit A, attached hereto and incorporated herein by this reference (“services”). Unless otherwise specified herein, Consultant shall, at its sole cost and expense, furnish all facilities, equipment and personnel which may be required for providing the Services pursuant to this Agreement.
4. ADDITIONAL SERVICES. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the agreed upon charges therefore as set forth in the written authorization. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.
5. CONSULTANT’S PROPOSAL. This Agreement shall include Consultant’s Response to City’s RFQ, also known as the Statement of Qualifications (SOQ), which is incorporated herein as Exhibit B. In the event of any inconsistency between the terms of the proposal and this Agreement, it shall be resolved by giving precedence in the following order: (a) The Agreement (b) Exhibit A (c) Exhibit B.
6. PERSONNEL. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City. During the term of this Agreement, Consultant shall provide the services specified in the proposal. Such individual(s) shall not be replaced without the prior written consent of City.
7. PERFORMANCE BY CONSULTANT. Consultant shall maintain or exceed the level of competency presently maintained by other similar practitioners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.
8. TIMING OF PERFORMANCE. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 3 and timely pursue and complete the performance of the Services required of it by this Agreement. City, in its sole discretion, may extend the time for performance of any Service.
9. MONITORING OF CONSULTANT. Consultant’s performance of this Agreement shall be continuously monitored by the Public Works Director/City Engineer.
Consultant shall be notified in writing of any deficiency in the performance of this Agreement in a timely manner by the Public Works Director/City Engineer.
Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the Public Works Director/City Engineer. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereunder. Should the Public Works Director/City Engineer determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, City may terminate this Agreement for cause as specified in Section 2 above.
10.COMPENSATION. Consultant shall be compensated as follows:
A. Amount. City shall compensate Consultant for services rendered pursuant to this Agreement at the rate specified in the attached fee schedule set forth in Exhibit B. Consultant’s total compensation shall be based on each proposal the consultant submits and the City accepts for the services requested on a particular project.
B. Invoices and Payment. Payment by City to Consultant shall be made upon receipt and approval of invoices for Services rendered. For payment to be made, Consultant’s invoice must include an itemization as to the services rendered, date(s) of service, direct and/or subcontract costs and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced. City shall review the invoices to determine whether services performed, and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or City shall provide Consultant with a written statement objecting to the charges and stating the reasons therefor.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.
C. Expenses. Consultant shall not be entitled to any additional compensation for expenses.
11.INSURANCE REQUIREMENTS.
A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consultant must have and maintain in place all of the insurance coverages required in this Section. Consultant’s insurance shall Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 4 comply with all items specified by this Agreement. Any subcontractors shall be subject to all the requirements of this Section and Consultant shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.
B. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.
C. Coverages, Limits and Policy Requirements. Consultant shall maintain the types of coverages and limits indicated below:
1. Commercial General Liability Insurance – a policy for occurrence coverage for bodily injury, personal injury and property damage, with coverage at least as broad as Insurance Services Office Form CG 00 01, with no special limitations affecting City. The limit for all coverage under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.
2. Commercial Auto Liability Insurance – a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, including Symbol 1 (any auto) with no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.
3. Worker’s Compensation and Employers Liability Insurance – a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.
4. Professional Errors & Omissions (“E&O”) – a policy with minimum limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. This policy shall be issued by an insurance company which is admitted to do business in the State of California.
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 5
5. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
a. Additional insureds: “The City Gardena and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
b. Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.” c. Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Gardena, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Gardena shall be excess and not contributing with the insurance provided by this policy.” d. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Gardena, its officers, officials, agents, employees, and volunteers. e. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
D. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.
E. Deductibles. Any deductible or self-insured retentions over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or selfinsured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or Consultant shall provide satisfactory financial guarantee for payment of Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 6 losses and related investigations, claim administration and defense expenses.
F. Verification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.
G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.
H. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
12.INDEMNIFICATION. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subconsultants, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subconsultants, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subconsultants under this Agreement, whether or not the Consultant, its employees, and/or authorized subconsultants are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity and defense shall be limited to the extend required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 7 recklessness, or misconduct of Consultant. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
13.COOPERATION. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
14.INDEPENDENT CONTRACTOR. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City 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 City.
Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the 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 paragraph.
15.PERS ELIGIBILITY INDEMNIFICATION. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 8
16.NON-LIABILITY OF CITY. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.
17.OWNERSHIP OF WORK PRODUCT. All documents or other information created, developed, or received by Consultant shall, for purposes of copyright law, be deemed works made for hire for City by Consultant as City employee(s) for hire and shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination or expiration of this Agreement.
18.CONFIDENTIALITY CLAUSE. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either state or federal (“Confidential Information”). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types of information. Consultant agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Sub-consultants requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City's express written consent or as provided by law. Consultant agrees to release such information or material only to employees or Sub-consultants who have signed a nondisclosure agreement, the terms of which have been previously approved by City. Consultant agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.
"Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses, phone numbers, birth dates, and social security numbers collected, used, or acquired in connection with this Agreement shall be protected against unauthorized use, disclosure, modification or loss.
HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Consultant must comply with all HIPAA requirements and rules when determined applicable by the City. If City determines that (1) City is a "covered entity" under HIPAA, and that (2) Consultant will perform "business associate" services and activities covered under HIPAA, then at City's request, Consultant agrees to execute City's Agreement in compliance with HIPAA.
Consultant shall ensure its directors, officers, employees, Sub-consultants or agents use personal information solely for the purposes of accomplishing the services set forth herein. Consultant and its Sub-consultants agree not to release, divulge, Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 9 publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the City or as otherwise required by law.
Any breach of this provision may result in termination of the Agreement and demand for return of all personal information. Moreover, Consultant will indemnify and hold the City harmless from and against all losses and damages resulting from any unauthorized or improper disclosure, dissemination or use of the information as a result, in whole or in part, of Consultant’s action or inaction.
19.NONUSE OF INTELLECTUAL PROPERTY OF THIRD PARTIES. Contractor shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Contractor has a license. Contractor shall indemnify and hold City harmless against all claims raised against City based upon allegations that Contractor has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Contractor pursuant to this Agreement.
20.WAIVER OR BREACH. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
21.COMPLIANCE WITH LAWS. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
22.CONFLICT OF INTEREST AND REPORTING. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2.24.020H and 2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Agreement.
23.NON-DISCRIMINATION. Consultant covenants there shall be no discrimination Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 10 based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in activity pursuant to this Agreement.
24.FORCE MAJEURE. Consultant shall not be in default for failing to perform in accordance with the terms of this Agreement if such failure arises out of causes beyond the control and without the fault or negligence of Consultant.
25. ASSIGNMENT. Consultant shall not assign or subcontract any of its obligations pursuant to this Agreement, nor any part thereof, except for any monies due the Consultant, without the prior written consent of City. Such consent by City shall not be unreasonably withheld. Consultant shall be fully responsible to City for all work performed by assignees or subcontractors.
26. NOTICES. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be in writing and shall be given by personal service upon the party to be notified, or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed to the party to be notified as follows:
To City: City of Gardena
1700 West 162nd Street
Gardena, California 90247
Attn: Allan Rigg
Director of Public Works/City Engineer
To Consultant: Terracon Consultants, Inc
145 W. Walnut St.
Gardena, CA 90248
Attn: Josh Morgan
Principal
Notices shall be deemed to have been served upon the date of personal service or three (3) working days after the same has been deposited in the United States Postal Service.
27.LICENSED STATUS. Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a City Business License.
28.FAMILIARITY WITH WORK. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should Consultant discover any conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City and shall not proceed, except at Consultant’s own risk, until written instructions are received from City.
29.PUBLIC RECORD ACT DISCLOSURE. Consultant has been advised and is aware Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 11 that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
30.MAINTENANCE OF RECORDS. Consultant shall maintain for a minimum of three (3) years from the completion date of the Services under this Agreement, the following records:
A. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assume proper accounting for all funds;
B. Records which establish that Consultant and all subcontractors who render Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations; C. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.
D. The aforementioned records shall be made available to City or any authorized representative thereof upon request for audit.
31.BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
32.GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branch of the Los Angeles County Municipal or Superior Court.
33.SECTION HEADINGS. The Section headings used in this Agreement are for reference purposes only and shall have no binding effect.
34.AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.
35.ATTORNEY’S FEES. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 12 attorney’s fees and court costs from the opposing party.
36.PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreement. No provision of this Agreement or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.
37.SEVERABILITY. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
38.ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an original. All counterparts, taken together, constitute the executed Agreement. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
39.ELECTRONIC SIGNATURE. The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Agreement and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Agreement had been delivered and had been signed using a handwritten signature. City and Consultant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will reply on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with Terracon Consultants, Inc Page 13 IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first hereinabove set forth.
CITY OF GARDENA CONSULTANT – Terracon Consultants, Inc
________________________________ _________________________________ Tasha Cerda, Mayor Name
ATTEST:
Sign:_____________________________
Title:
________________________________
Mina Semenza, City Clerk _________________________________ Name
APPROVED AS TO FORM:
Sign:_____________________________
Title:
Carmen Vasquez, City Attorney
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Chief Financial Officer
Donald J. Vrana
Fred Buhamdan
Vice President
Exhibit A
Request for Qualifications (RFQ)
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196
CITY OF GARDENA
PUBLIC WORKS DEPARTMENT
REQUEST FOR QUALIFICATIONS (RFQ)
FOR
GENERAL CIVIL ENGINEERING DESIGN, CONSTRUCTION
MANAGEMENT & INSPCTION, TRAFFIC ENGINEERING,
ARCHITECTURE AND LANDSCAPE ARCHITECTURE,
GEOTECHNICAL ENGINEERING/GEOLOGY AND MATERIAL
TESTING, AND STAFF AUGMENTATION
ON‐CALL PROFESSIONAL SERVICES:
MAY 2024
Memoranda:
Qualifications Due: Thursday, June 13, 2024, 2:00 p.m. PST.
City of Gardena Public Works Department: (310) 217‐9568 Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196
TABLE OF CONTENTS
SECTION I NOTICE OF REQUEST FOR QUALIFICATIONS…………………….…………………….. 1 SECTION II SCOPE OF SERVICES/SCOPE OF WORK………………………………….………………… 3 SECTION III SUBMITTAL REQUIREMENTS…………………………………………………….……………. 7 SECTION IV FEE SCHEDULE………………………………………………………………………..…..…………. 8 SECTION V SELECTION/EVALUATION CRITERIA…………………………………………….………….. 8 SECTION VI GENERAL CONDITIONS……………………………………………………………..……….….. 9 SECTION VII AGREEMENT AND INSURANCE……………………………………………………......….... 9 SECTION VIII APPENDIX “A” Gardena Standard Professional Services Agreement…………….……………… 10 Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 1 | Page
SECTION I
NOTICE OF REQUEST FOR QUALIFICATIONS
On-Call Professional Engineering, Architecture, and/or Landscape Architecture Services NOTICE IS HEREBY GIVEN that the City of Gardena is requesting Statements of Qualifications (SOQ) from professional engineering, architecture, and/or landscape architecture consulting firms to provide on-call services related to our Public Works Capital Improvement Program and General Engineering. The work will be assigned on an as-needed basis for various projects in the City.
The Request for Qualifications (RFQ) provides information on the City of Gardena, the required scope of services, the consultant selection process, and the minimum information that must be included in the RFQ response. Proposals will be evaluated based on the overall best value to the City, considering factors such as quality, service, price, and any other criteria outlined herein, including but not limited to, the proposer's ability to meet the requirements, qualifications, and competencies set forth in the RFQ.
The Request for Qualifications (RFQ) can be obtained at http://www.cityofgardena.org/rfps/ Questions regarding this RFQ shall be directed to Kevin Kwak at (310) 217-9643 or [email protected].
BACKGROUND
The City of Gardena is located in the South Bay region of Los Angeles County, California, and was incorporated on September 11, 1930, as a general law city. It operates under the Council-Manager form of government. The population is approximately 62,000, occupying approximately six (6) square miles. It is primarily built-out, with a few remaining undeveloped parcels and a 9.4-acre wetland preserve, Gardena Willows Wetland Preserve. Gardena is bordered by the cities of Torrance, Hawthorne, Carson, Los Angeles (L.A.), and the County of Los Angeles, including their unincorporated areas.
The Gardena roadways are divided into three (3) major street classifications: Arterial (26.8 Centerline miles), Collector (28.7 centerline miles), and Local (57.5 centerline miles). Combined, the entire network consists of 113 centerline miles of streets with a weighted average PCI of 81.
The existing city-owned wastewater collection system comprises approximately 89 miles of gravity collection system pipes ranging from 6 to 12 inches, approximately 2,080 manholes, and one lift station and its associated force main. The collection system pipes within the City discharge to the LACSD interceptor at over 100 locations.
The existing stormwater collection system consists of approximately 29 miles of gravity pipe system (City SD = 12 miles & LA County SD = 17 miles) and 795 total catch basins (City CB = 216 & LA County CB = 579).
The collection system pipes within the City primarily discharge to the Dominguez Channel.
Lastly, note that Gardena’s water system is operated and maintained by Golden State Water.
The City has six (6) parks with community buildings, two gymnasiums, and a parkette. Additionally, the Gardena Wetland Preserve is situated next to Johnson Park. The City is currently constructing a new pool and senior center community center. Furthermore, the newly acquired Chase Bank Building on Rosecrans Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 2 | Page
Boulevard is slated to become a new Community Center, and Mas Fukai Park is in the construction document phase for improvements.
SUBMITTAL DEADLINE
Complete proposal/Statement of Qualification must be submitted no later than Thursday, June 13, 2024, at 2:00 p.m. PST. Three (3) hard copies and one complete PDF copy (on CD or memory stick) shall be address to:
City of Gardena
Public Works Department
1717 West 162nd Street
Gardena, CA 90247-3778
Attn: Kevin Kwak, Assistant Public Works Director
The City currently anticipates conducting the selection process according to the following schedule, which is subject to revision. The City reserves the right to modify the schedule as needed.
May 9, 2024 RFQ Released
June 3, 2024 RFI Deadline
June 13, 2024 Proposal/SOQ Deadline
July 9, 2024 Staff Short List Selection
July 23, 2024 City Council Review/Approval
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SECTION II
SCOPE OF SERVICES/SCOPE OF WORK
The City of Gardena would like the selected firms to provide professional on-call engineering, architecture, and/or landscape architecture services (including Construction Documents, PS&E, technical memoranda, research studies, plan checks, testing, etc.) for City projects to support the Public Works Department. The City intends to select between three and five (3-5) consultants for each respective service category, with the exception of only one or two consultants for Geotechnical Engineering/Geology/Material testing.
However, the actual number of consultants selected may be subject to change based on the number of responses and qualifications.
The award agreements are to provide on-call services for a period of three (3) years. The agreements may be renewed at the City’s discretion for up to two (2) additional years, subject to satisfactory performance during the initial three-year term. The initial three-year term is anticipated to commence in September 2024 and end in September 2027. The City encourages firms to submit qualifications for any or all parts of the key services listed below to be eligible for placement on the qualified on-call/as-needed list for each service category separately.
At the City’s discretion, selected firms will be assigned projects based on their qualifications in relation to the project(s) scope of work, or requested to submit a proposal, on an as-needed basis for various projects in the city. The City does not guarantee that successful firms will be provided with any projects.
MINIMUM QUALIFICATIONS
Only those consultants with verifiable experience related to the services requested in this solicitation will be considered during the evaluation process. Consultant staff assigned to execute the scope of services must have relevant experience in providing the necessary services as described in the scope. All personnel assigned to the work must possess appropriate certification or registration as required by state and local agencies.
SCOPE OF WORK
Selected firms will report to and operate under the direction of the City of Gardena Public Works staff to provide professional engineering, architecture, and/or landscape architecture services to the City. In general, the selected consultants will be expected to provide services and staffing for the following categories:
• General Civil Engineering Design
• Construction Management and Inspection
• Traffic Engineering
• Architecture and Landscape Architecture
• Geotechnical Engineering, Geology and Material Testing • Staff Augmentation
Consultants may submit qualifications for one or more of the service categories requested; however, separate proposals and letter of transmittals must be submitted for each category.
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GENERAL CIVIL ENGINEERING DESIGN
Provide complete design services for Capital Improvement Program projects. Example services include, but not limited to:
• Plan preparation for street improvements, repair, rehabilitation, or other related street improvements.
• Plan preparation for storm drain and sewer improvements, upgrades, modifications, extensions, repair, or rehabilitation.
• Preparation of hydrology and hydraulic analysis and reports. • Preparation of WQMP’s, SWPPP’s or related NDPES documents/reports. • Geotechnic engineering and material testing as needed. • Preparation of project technical provisions.
• Preparation of detailed cost estimates.
• Perform mapping and prepare legal descriptions for right of way acquisitions, easements, etc. • Provide design and construction surveys.
• Provide construction assistance.
• Coordination with, and approvals from other permitting agencies and utility companies.
CONSTRUCTION MANAGEMENT AND INSPECTION
Provide complete construction management and inspection services for CIP, including park renovations, and facility construction/ modifications/ modernizations. Including, but not limited to:
• Coordinate and lead project construction meetings.
• Lead all meetings during the construction from pre-construction to final closeout. • Provide and maintain project files/documents per City template. • Provide and supervise construction observations/inspections for CIP projects such as streets, sewer, storm drain, parks and facilities.
• Provide construction inspection services in grading, street improvements, drainage, SWPPP/erosion control, paving, sewer, water, and franchise utilities. • Provide public contract administration (i.e. CCO, Daily logs/report, Weekley Statements, Notices, labor compliance/enforcement).
• Provide utility company coordination.
• Provide labor compliance/enforcement as needed.
• Assure contractor to maintain a set of as-built plans. • Schedule the final walk-through inspections and prepare a “punch-list”. • Collect and review the Certified Payrolls as needed.
• Assume contractor to obtain all necessary permits.
• Provide constructability review, quantity take-off and cost estimates as needed.
TRAFFIC ENGINEERING
Provide traffic design engineering and/or study/analysis services for signal and signing, striping, grant writing, and all related services, including but not limited to:
• Improvements associated with traffic signal design.
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• Preparation of signing, striping, signal modifications, detour, and traffic control design • Preparation of special traffic studies
• Conducting signal synchronization studies (before and after synchronization travel time), utilizing HCM method for LOS, as well as Los Angeles County standards.
ARCHITECTURE AND/OR LANDSCAPE ARCHITECTURE
Provide architecture and/or landscape architecture professionally services for public facilities. Including, but not limited to:
• Provide conceptual design, master plan, feasibilities study and envelope evaluations. • Renovation and/or expansion of existing public facilities. • Preparation of landscape/planting plans and irrigation. • Parking lot and hardscapes improvements.
• Playground layout and play structure design/upgrade.
• Preparation of project special provisions and technical specifications • Provide cost estimates.
• Provide constructability review and construction support.
GEOTECHNICAL ENGINEERING, GEOLOGY AND MATERIAL TESTING
Provide complete design, construction, or assistance services for City improvement projects and/or investigations. Services include, but are not limited to:
• Complete soils investigation and preparation of Geotechnical Engineering reports and studies, such as pavement design, grading requirements, retaining wall parameters, slope stability analysis, sinkhole/voids investigation and analysis, etc. • Laboratory work related to all aspects of Geotechnical Engineering. • Provide construction inspection for items such as asphalt concrete, aggregate base, and concrete placement during construction, grading excavation, and backfill. • Provide testing services such as field compaction and laboratory testing of soils, aggregates, asphalt, and concrete.
STAFF AUGMENTATION SERVICES (Firms may submit only for positions or service they provide.) Provide qualified and available personnel to provide professional staff augmentation services and/or backfill various positions and classifications within the Engineering Division on short notice. Positions include but are not limited to: Engineer(s), Permit Technician(s), and Inspector(s) and perform duties as an “Acting” City representative. Positions may require personnel reporting to City offices.
Immediately the City plans to augment one (1) Associate, Civil, or Senior Civil Engineer based on the qualification and best fit for the City. Other categories of augmentation services are not currently needed, however will be requested as needed.
Sample duties include, but not limited to:
• Engineer(s) general requirements (Identify an Engineer with resume and proposed classification; Associate, Civil, or Senior Civil Engineer) - Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 6 | Page
o Able to work minimum 20 hours per week or more. The City is open to accepting fulltime services as well. o Perform mathematical computations and estimates.
o Simultaneously handle several tasks and continue to reestablish priorities. o Communicate clearly and concisely with others, orally and in writing. o Ability to establish and maintain effective team relationships with all internal and external customers.
o Able to operate Microsoft Office and AutoCAD.
o Able to perform in indoor and outdoor environments with exposure to the elements. o May be required to pass a security/background check and a drug test prior before providing any services to the City.
o Must maintain a valid California Drive License.
o You may be required to work more than 40 hours a week and/or work irregular hours, particularly during emergency situations.
o Typical working hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. or 9/80 schedule from 7:30 a.m. to 5:30 p.m.
o Civil and Senior Engineer positions require a California Professional Civil Engineering license.
o May be required to arrange for the City to interview a candidate, at the Consultant’s expense, for a period of up to one (1) hour.
Typical Responsibilities – The staff will be under general direction of Engineering Division Manager, performing and overseeing various CIP projects from preliminary design to final construction. Examples of duties and responsibilities are as follow:
o Prepares RFP/RFQ for design and Construction Management and Inspection (CMI) services.
o Prepares and/or oversees design Plans, Specifications, & Estimates (PS&E). o Prepares and leads project bid processing, writes council agenda report, and executes contract.
o Oversees CMI services.
o Prepares Caltrans required submittals and coordinates review process (i.e. PES, E76 o and Contract award packages).
o Performs minor drafting, computing, and checking field operations as related to the layout and construction of pavement, curbs, gutters, sidewalk, traffic, utilities and other CIP.
o Performs LA Metro required project reporting, reimbursement process, etc. o Interprets and applies GREENBOOK, Caltrans Standards, City Standards, and other laws and regulations relating to CIP projects.
• Provide Permit Technicians to assist public at Engineering public counter (Not required to identify personnel at this time).
• Provide Construction Inspection services (Not required to identify personnel at this time), such as:
o CIP projects such as street rehabilitation; sewer or storm drain improvements, facility modifications and improvements; park rehabilitation and improvements. o Private development including paving, utilities, sewer, storm drains, paving, etc. o Repairs and improvements by private utility companies.
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SECTION III
SUBMITTAL REQUIREMENTS
The Proposal package shall be organized and presented in a neat and logical format relevant to the services requested. Submittals shall be clear, accurate, concise, and comprehensive. There is no page limitation, however, excessive, or irrelevant material will not be favorably received.
The Proposal should be in the order below and include the following:
• Cover
• Cover Letter
o Clearly indicate the on-call service category.
o Express why Consultant is interested in the RFQ.
o Include contact information for the person responsible for the Proposal and who will be the point of contract for the City.
o Include any unique attributes or distinguishing characteristics which would be of value to the City.
o State if any addendums have been received and include in the Proposal. o Statement regarding acceptance of Agreement and insurance requirements. o Letter shall be signed by an officer of the firm who is authorized to bind the firm to the contract. Include a statement to this effect.
• Firm Qualifications and Experience
o Describe firm’s background and experience.
o Describe your firm’s strengths.
o State how your firm produces deliverables free of errors and how you will address erros if they occur.
o Include experience and technical competence of subconsultants. o Familiarity of regional grants/competitive funds (SBCCOG & LA Metro) • Key Personnel and Experience
o Experience and history performing directly for local agencies within the last five years. o Include subconsultants if any.
• Organization Chart
• Similar Projects/Services
o Brief description of the project scope, personnel involved and their roles, plus agency and contact information of agency Project Manager/Engineer. o Projects that the firm was the prime consultant and responsible for management of any subconsultants.
• References
o Current contact information related to projects completed within the last five years. • Fee Schedule
• Resumes
Note: All licensed professionals in 'responsible charge' working on City projects (Engineers, Architects, Landscape Architects, and/or Surveyors) are required to disclose all disciplinary actions against them, including any future actions. Please provide a copy of any disciplinary actions with the proposal submission. Additionally, provide a statement if there are no disciplinary actions.
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SECTION IV
FEE SCHEDULE
A fee schedule should be included in the Proposal. This schedule should comprise a comprehensive list of positions and labor rates for all services provided by the prime consultant and all subconsultants. Rates should cover all necessary resources, including labor, equipment, materials, incidental reports, transportation, etc. Any percentage markup of subconsultant invoices shall be specified.
The fee schedule should remain fixed throughout the initial term of the Agreement unless formally amended by the City Council. Adjustment of the fee schedule can be negotiated if the City renews the Agreement.
The City is subject to prevailing wage laws, which apply to professional service providers and their subconsultants for whom the Department of Industrial Relations has established a wage determination.
This includes, but is not limited to, Field Soils Materials Testers, Operating Engineers, Surveyors, and Building/Construction and Specialty Inspectors.
Prevailing wage requirements apply when a Consultant and/or Consultant Team is awarded a contract for a specific project, which is designated by the issuance of a City Purchase Order.
SECTION V
SELECTION/EVALUATION CRITERIA
The Proposals will be evaluated by City of Gardena Public Works Department staff. The evaluation criteria will include:
• Presentation, completeness, clarity, organization, and conformance to the RFQ content. • Project Manager’s experience related to the City’s requirements and needs. • Familiarity/Experience related to the South Bay Cities Council of Governments (SBCCOG), Los Angeles County Metropolitan Transportation Authority (Metro), and Caltrans project programs, funding opportunities, grant writing, and their requirements. • Qualifications and resumes of staff members, subconsultants, and organization chart. • Similarity of the firm’s referenced projects completed within the last five years to the City’s expected projects.
• Availability and depth of staff and resources to deliver quality products on schedule, including work on short notice and under time constraints.
• References.
• Fee schedule.
During the evaluation period, the City may conduct negotiations with the most qualified consultants.
However, consultants should note that an award may be made without negotiations or discussions.
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SECTION VI
GENERAL CONDITIONS
By submitting a Proposal, the Consultant represents that they have thoroughly examined and become familiar with the requirements of this RFQ and are capable of performing quality work to achieve the objectives of the City.
The City reserves the right to withdraw the RFQ at any time without prior notice. The City makes no representations that any Agreement will be awarded to any Consultant responding to this RFQ. The City reserves the right to extend the deadline for Proposals, postpone reviewing the Proposals for its own convenience, reject any and all Proposals without indicating any reasons for such rejections, and negotiate with any qualified consultant. The City does not guarantee that successful firms will be provided with any projects.
The successful consultant(s) and sub-consultants are required to obtain and maintain a City of Gardena business license and insurance. The license and insurance shall be maintained for the duration of the Agreement. A current business license is not a prerequisite for submittal of the qualifications.
The City is not liable for any costs incurred by the Proposers before entering into a formal agreement.
Costs for developing the Proposal or any other such expenses incurred by the Proposer in responding to this RFQ and entirely the responsibility of the Proposer and shall not be reimbursed by the City.
The City is not responsible for Proposals which are delinquent, lost, incorrectly marked, sent to the wrong address, or sent by mail or courier service and not signed for by the City.
SECTION VII
AGREEMENT AND INSURANCE
The City’s standard Professional Services Agreement is included in Appendix A. The Consultant will be expected to enter into the Agreement without substantive changes. Any changes will require approval by the City Attorney. If there are any exceptions or if there are no exceptions, a statement to the effect shall be included in the proposal as well.
The City’s standard insurance requirements are included as part of the standard Professional Services Agreement included in Appendix A. The consultant shall procure and maintain throughout the duration of this Agreement.
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SECTION VIII
APPENDIX “A”
Gardena Standard Professional Services Agreement
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with XYZ Page 1
CITY OF GARDENA
CONSULTANT AGREEMENT WITH XYZ
This Agreement is entered into this day of , 2024,
by and between the City of Gardena, a municipal corporation (“City”) and XYZ, a [state] [type of entity] (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree, as follows.
1. RECITALS. This Agreement is made and entered into with respect to the following facts:
A. Whereas, City is desirous of obtaining the as-needed professional on-call consultant services in the following category or categories:
• General Civil Engineering Design
• Construction Management and Inspection
• Traffic Engineering
• Architecture and Landscape Architecture
• Geotechnical Engineering, Geology and Material Testing • Staff Augmentation
B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to accomplish these services; and
C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement; and
D. Whereas, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
2. TERM OF AGREEMENT. This Agreement shall commence upon execution and shall continue until completion, unless earlier terminated as provided below.
A. Either party may terminate this Agreement, without cause, by giving thirty (30) days written notice to the other party.
B. City may terminate this Agreement for cause by giving thirty (30) days written notice to Consultant. Lack of funding shall be considered cause for terminating this Agreement.
C. Upon termination, Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to City Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with XYZ Page 2
all data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the services under this Agreement, whether completed or in progress. Consultant shall be entitled to reasonable compensation for the services it performs up to the date of termination; however, if the Agreement is terminated by City for cause, other than lack of funding, or by Consultant without cause, City shall be entitled to deduct any costs it incurs payment to another consultant for Services, which duplicate Consultant’s Services to date. In the event of termination for other than cause attributable to Consultant, Consultant shall be deemed released for liability for any work assigned but not completed as of the effective date of termination.
3. SERVICES. Consultant agrees to provide the services as specified in the City’s Request for Proposal (RFP), Exhibit A, attached hereto and incorporated herein by this reference (“services”). Unless otherwise specified herein, Consultant shall, at its sole cost and expense, furnish all facilities, equipment and personnel which may be required for providing the Services pursuant to this Agreement.
4. ADDITIONAL SERVICES. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the agreed upon charges therefore as set forth in the written authorization. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.
5. CONSULTANT’S PROPOSAL. This Agreement shall include Consultant’s proposal or bid to City’s RFP, which is incorporated herein as Exhibit B. In the event of any inconsistency between the terms of the proposal and this Agreement, it shall be resolved by giving precedence in the following order: (a) The Agreement (b) The Request for Proposal (Exhibit A) (c) The Consultant Proposal or Bid (Exhibit B).
6. PERSONNEL. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City. During the term of this Agreement, Consultant shall provide the services specified in the proposal. Such individual(s) shall not be replaced without the prior written consent of City.
7. PERFORMANCE BY CONSULTANT. Consultant shall maintain or exceed the level of competency presently maintained by other similar practitioners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.
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8. TIMING OF PERFORMANCE. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently and timely pursue and complete the performance of the Services required of it by this Agreement. City, in its sole discretion, may extend the time for performance of any Service.
9. MONITORING OF CONSULTANT. Consultant’s performance of this Agreement shall be continuously monitored by the Public Works Director/City Engineer.
Consultant shall be notified in writing of any deficiency in the performance of this Agreement in a timely manner by the Public Works Director/City Engineer.
Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the Public Works Director/City Engineer. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereunder. Should the Public Works Director/City Engineer determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, City may terminate this Agreement for cause as specified in Section 2 above.
10.COMPENSATION. Consultant shall be compensated as follows:
A. Amount. City shall compensate Consultant for services rendered pursuant to this Agreement at the rate specified in the attached fee proposal hereto and incorporated herein by reference. In no event shall compensation under this Agreement exceed _____________and 00/00 ($###.##) without the prior written authorization of the City Council.
B. Invoices and Payment. Payment by City to Consultant shall be made upon receipt and approval of invoices for Services rendered. For payment to be made, Consultant’s invoice must include an itemization as to the services rendered, date(s) of service, direct and/or subcontract costs and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced. City shall review the invoices to determine whether services performed, and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or City shall provide Consultant with a written statement objecting to the charges and stating the reasons therefor.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.
C. Expenses. Consultant shall not be entitled to any additional compensation for expenses.
11.INSURANCE REQUIREMENTS.
A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with XYZ Page 4
extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consultant must have and maintain in place all of the insurance coverages required in this Section. Consultant’s insurance shall comply with all items specified by this Agreement. Any subcontractors shall be subject to all the requirements of this Section and Consultant shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.
B. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.
C. Coverages, Limits and Policy Requirements. Consultant shall maintain the types of coverages and limits indicated below:
1. Commercial General Liability Insurance – a policy for occurrence coverage for bodily injury, personal injury and property damage, with coverage at least as broad as Insurance Services Office Form CG 00 01, with no special limitations affecting City. The limit for all coverage under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.
2. Commercial Auto Liability Insurance – a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, including Symbol 1 (any auto) with no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.
3. Worker’s Compensation and Employers Liability Insurance – a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.
4. Professional Errors & Omissions (“E&O”) – a policy with minimum limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. This policy Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with XYZ Page 5
shall be issued by an insurance company which is admitted to do business in the State of California.
5. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
a. Additional insureds: “The City Gardena and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
b. Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.” c. Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Gardena, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Gardena shall be excess and not contributing with the insurance provided by this policy.” d. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Gardena, its officers, officials, agents, employees, and volunteers. e. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
D. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.
E. Deductibles. Any deductible or self-insured retentions over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or selfDocusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with XYZ Page 6
insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or Consultant shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense expenses.
F. Verification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.
G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.
H. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
12.INDEMNIFICATION. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subconsultants, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subconsultants, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subconsultants under this Agreement, whether or not the Consultant, its employees, and/or authorized subconsultants are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, to Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with XYZ Page 7
the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity and defense shall be limited to the extend required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or misconduct of Consultant. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
13.COOPERATION. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
14.INDEPENDENT CONTRACTOR. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City 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 City.
Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the 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 paragraph.
15.PERS ELIGIBILITY INDEMNIFICATION. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with XYZ Page 8
paid by City for employer contribution and/or employee contributions for PERS benefits.
16.NON-LIABILITY OF CITY. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.
17.OWNERSHIP OF WORK PRODUCT. All documents or other information created, developed, or received by Consultant shall, for purposes of copyright law, be deemed works made for hire for City by Consultant as City employee(s) for hire and shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination or expiration of this Agreement.
18.CONFIDENTIALITY CLAUSE. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either state or federal (“Confidential Information”). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types of information. Consultant agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Sub-consultants requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City's express written consent or as provided by law. Consultant agrees to release such information or material only to employees or Sub-consultants who have signed a nondisclosure agreement, the terms of which have been previously approved by City. Consultant agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.
"Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses, phone numbers, birth dates, and social security numbers collected, used, or acquired in connection with this Agreement shall be protected against unauthorized use, disclosure, modification or loss.
HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Consultant must comply with all HIPAA requirements and rules when determined applicable by the City. If City determines that (1) City is a "covered entity" under HIPAA, and that (2) Consultant will perform "business associate" services and activities covered under HIPAA, then at City's request, Consultant agrees to execute City's Agreement in compliance with HIPAA.
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Consultant shall ensure its directors, officers, employees, Sub-consultants or agents use personal information solely for the purposes of accomplishing the services set forth herein. Consultant and its Sub-consultants agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the City or as otherwise required by law.
Any breach of this provision may result in termination of the Agreement and demand for return of all personal information. Moreover, Consultant will indemnify and hold the City harmless from and against all losses and damages resulting from any unauthorized or improper disclosure, dissemination or use of the information as a result, in whole or in part, of Consultant’s action or inaction.
19.NONUSE OF INTELLECTUAL PROPERTY OF THIRD PARTIES. Contractor shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Contractor has a license. Contractor shall indemnify and hold City harmless against all claims raised against City based upon allegations that Contractor has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Contractor pursuant to this Agreement.
20.WAIVER OR BREACH. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
21.COMPLIANCE WITH LAWS. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
22.CONFLICT OF INTEREST AND REPORTING. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2.24.020H and 2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with XYZ Page 10
Agreement.
23.NON-DISCRIMINATION. Consultant covenants there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in activity pursuant to this Agreement.
24.FORCE MAJEURE. Consultant shall not be in default for failing to perform in accordance with the terms of this Agreement if such failure arises out of causes beyond the control and without the fault or negligence of Consultant.
25. ASSIGNMENT. Consultant shall not assign or subcontract any of its obligations pursuant to this Agreement, nor any part thereof, except for any monies due the Consultant, without the prior written consent of City. Such consent by City shall not be unreasonably withheld. Consultant shall be fully responsible to City for all work performed by assignees or subcontractors.
26. NOTICES. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be in writing and shall be given by personal service upon the party to be notified, or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed to the party to be notified as follows:
To City: City of Gardena
1700 West 162nd Street
Gardena, California 90247
Attn: Allan Rigg
Director of Public Works
To Consultant: XYZ
Address
XXXX, CA #####
Attn: Name
Tittle
Notices shall be deemed to have been served upon the date of personal service or three (3) working days after the same has been deposited in the United States Postal Service.
27.LICENSED STATUS. Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a City Business License.
28.FAMILIARITY WITH WORK. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should Consultant discover any conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City and shall not proceed, except at Consultant’s Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with XYZ Page 11
own risk, until written instructions are received from City.
29.PUBLIC RECORD ACT DISCLOSURE. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
30.MAINTENANCE OF RECORDS. Consultant shall maintain for a minimum of three (3) years from the completion date of the Services under this Agreement, the following records:
A. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assume proper accounting for all funds;
B. Records which establish that Consultant and all subcontractors who render Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations; C. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.
D. The aforementioned records shall be made available to City or any authorized representative thereof upon request for audit.
31.BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
32.GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branch of the Los Angeles County Municipal or Superior Court.
33.SECTION HEADINGS. The Section headings used in this Agreement are for reference purposes only and shall have no binding effect.
34.AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.
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35.ATTORNEY’S FEES. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover attorney’s fees and court costs from the opposing party.
36.PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreement. No provision of this Agreement or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.
37.SEVERABILITY. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
38.ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an original. All counterparts, taken together, constitute the executed Agreement. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
39.ELECTRONIC SIGNATURE. The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Agreement and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Agreement had been delivered and had been signed using a handwritten signature. City and Consultant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will reply on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with XYZ Page 13
other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first hereinabove set forth.
CITY OF GARDENA CONSULTANT – XYZ
________________________________ _________________________________ Tasha Cerda, Mayor Name
ATTEST:
Sign:_____________________________
Title:
________________________________
Mina Semenza, City Clerk _________________________________ Name
APPROVED AS TO FORM:
Sign:_____________________________
Title:
Carmen Vasquez, City Attorney
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 2024 City of Gardena RFQ On-Call Professional Services
JUNE 4, 2024
RFQ FOR ON-CALL PROFESSIONAL SERVICES
ADDENDUM 01
TO: ALL RFQ HOLDERS
ADDENDUM NO. 1, AS DESCRIBED BELOW, IS FOR THE USE OF CONSULTANTS SUBMITTING THE STATEMENT OF QUALIFICATIONS OR RESPONSES TO THE CITY’S REQUEST FOR QUALIFICATIONS. ALL
CONSULTANTS SHALL INDICATE ON THE STATEMENT/PROPOSAL COVER LETTER THAT THEY HAVE RECEIVED THIS ADDENDUM NO. 1.
QUESTIONS & RESPONSES:
1. In regard to the subject RFQ Scope of Work for General Civil Engineering Design as shown on page 4, can you please confirm if the City would like us to include Geotechnical services as part of the Civil component as stated, since there is also a separate RFQ category for Geotechnical service on page 5? No, please submit a separate statement of qualifications if your firm is interested in providing services in the category of Geotechnical Engineering, Geology, and Material Testing. This category is intended for direct geotechnical services for the City. For General Civil Engineering Design, it is expected that the lead consultant will team up with your desired geotechnical consultant or your own qualified staff as needed to provide complete PS&E construction documents.
2. Can firms be both a prime consultant and a sub-consultant to another team in the same or different service category?
Yes, firms can be both.
3. Will the City allow the usage of the City’s logo in the proposal materials? Yes, the City will allow the usage of the logo.
4. Can you specify how “Associate, Civil, and Senior Civil” Engineers are classified? Is it based on number of years of experience or other criteria?
You may reference the City of Gardena’s job specifications as your minimum guideline:
https://www.governmentjobs.com/careers/cityofgardena/classspecs. The specifications for the Senior Civil Engineer position have not been developed. Therefore, assume that the job responsibilities are similar to those of a Civil Engineer, but require a minimum of 8 years of experience, including managerial experience. As mentioned, these specifications are minimal guidelines and consultants are encouraged to propose additional qualifications or experience to provide a competitive proposal.
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 2024 City of Gardena RFQ On-Call Professional Services
5. Can you please confirm if firms are able to just submit a proposal for the geotechnical engineering/geology and material testing services or require having a team with a construction management company in order to pursue this?
Yes, you may just submit a proposal/statement for the geotechnical/geology and material services.
6. Do you anticipate consultants to support and prepare grant applications? The City may request services under General Civil Engineering, Traffic Engineering, Architecture and/or Landscape Architecture as applicable.
7. You are requesting references in the Similar Projects/Services and the References sections. Can you please clarify what information you would like in each section since both sections are asking for client contact information?
The information can overlap; however, Similar Projects/Services should identify specific projects with scope descriptions, key personnel and their roles, project dates, etc., as mentioned in the RFQ. The Reference Section should identify the current contact agency, person, phone number, and email so the reviewer can perform the reference check if necessary.
END OF ADDENDUM 01
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Exhibit B
Statement of Qualifications (SOQ)
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 145 W. Walnut Street,
Gardena, CA 90248
P (310) 627-3430
Terracon.com
Statement of Qualifications
On-Call Geotechnical Engineering,
Geology, and Materials Testing
June 13, 2024
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196
COVER LETTER
June 13, 2024
City of Gardena
1717 West 162nd Street
Gardena, CA 90247
Attn: Kevin Kwak
Assistant Public Works Director
[email protected]
Re: RFQ On-Call Geotechnical Engineering, Geology, and Materials Testing Dear Mr. Kwak:
The City of Gardena (City) is dedicated to enhancing the quality of life for its residents, fostering business growth, and embracing new prospects, with a particular emphasis on public facilities and infrastructure. Terracon Consultants, Inc. (Terracon) is uniquely positioned to assist the City with On-Call Geotechnical Engineering, Geology, and Materials Testing Services that will ensure safe and sustainable development. Terracon’s expertise spans a wide range of projects, from transportation and water infrastructure to City parks and facilities and public parkways. Terracon’s commitment to excellence aligns seamlessly with the City of Gardena’s vision for a thriving and resilient community.
Terracon is poised to support these efforts. The benefits of selecting the City of Gardena include the following:
• Proximity to the City: Terracon is strategically located just three miles from the City, hand as established a profound presence in Gardena. We deeply understand the importance of improving and maintaining the City’s infrastructure and facilities and we’re dedicated to being an integral part of the public works department. We firmly believe that effective communication is the cornerstone of all successful endeavors. Our local presence will facilitate close collaboration with the City’s team, fostering a robust relationship that we anticipate will strengthen over the years. • Knowledge of Local Conditions: Terracon has provided professional engineering services for over 200 projects within the City and over 1000 in the Greater Los Angeles Area. This local expertise positions us as a valuable partner for the City’s infrastructure needs. Our team’s historical knowledge and deep understanding of the local geology, regulatory environment, and community dynamics allow us to provide tailored solutions that align with Gardena’s goals. Whether it’s geotechnical investigations, materials testing, or construction support, Terracon’s commitment to excellence supports successful project outcomes.
• Unmatched Resources: Terracon stands out as one of the nation’s leading providers of geotechnical services. Our extensive resources include a large fleet of geotechnical exploration equipment, a network of over 140 laboratories (the largest accredited network among geotechnical firms), and more than 175 offices serving all 50 states. With such comprehensive capabilities, Terracon can efficiently gather and analyze data, providing accurate assessments for Gardena’s projects.
• Comprehensive Service Offerings: Terracon’s services cover a wide range of geotechnical and materials testing needs. On-time and real-time data-driven insights, provided by our talented employee-owners, create an unmatched client experience that spans the lifecycle of any project from earth to sky. This adaptability ensures that Gardena receives tailored recommendations for safe and sustainable development. • Commitment to Excellence: As an employee-owned firm, Terracon is deeply committed to quality and client satisfaction. Our engineers and scientists specialize in geotechnical performance monitoring, site evaluation, and construction materials testing. By partnering with Terracon, the City can confidently move forward with its growth initiatives, knowing that they have a reliable and experienced ally. 145 W. Walnut Street
Gardena, CA 90248
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 We are committed to supporting the City’s infrastructure and community development goals. We understand that the City places a high value on maintaining and enhancing public facilities and infrastructure, and we are well-equipped to assist in these areas with our comprehensive range of services:
• Soils Investigation and Geotechnical Engineering Reports: Our team can conduct thorough soils investigations and prepare detailed Geotechnical Engineering reports. These reports can cover various aspects such as pavement design, grading requirements, retaining wall parameters, slope stability analysis, and sinkhole/voids investigation and analysis. These services will ensure that the city’s infrastructure projects are built on a solid foundation and are designed to last.
• Laboratory Work: We offer laboratory services related to all aspects of Geotechnical Engineering. Our state-ofthe-art labs can analyze soil samples, providing valuable data that can inform the design and construction of infrastructure projects.
• Construction Inspection: Our team can provide construction inspection services for various aspects of infrastructure projects. This includes inspection of asphalt concrete, aggregate base, and concrete placement during construction, as well as grading excavation and backfill. These services can help ensure that construction projects adhere to the highest standards of quality and safety.
• Testing Services: We offer a range of testing services, including field compaction and laboratory testing of soils, aggregates, asphalt, and concrete. These tests can provide crucial information about the materials used in construction projects, helping to ensure their durability and longevity.
We appreciate the opportunity to work with the City. Josh Morgan, Principal, is authorized to bind Terracon and has read and will comply with all terms and conditions of the RFQ. Carlos Amante, PE, GE is the Senior Project Manager and direct point of contact for the City. If you have any questions or require further information, please do not hesitate to contact us.
We look forward to your positive response.
Sincerely,
Terracon Consultants, Inc.
Carlos Amante, PE, GE Josh Morgan, PE
Senior Project Manager | Point of Contact Principal | Authorized Signer (949) 864-2062 (310) 627-3414
[email protected] [email protected]
Kevin Kwak
City of Gardena
June 13, 2024
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Table of Contents
Cover Letter 1
Firm Qualifications and Experience 3
Key Personnel and Experience 11
Organizational Chart 16
Similar Projects/Services 17
References 19
Fee Schedule 20
Resumes 26
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Firm Qualifications
and Experience
FIRM QUALIFICATIONS
AND EXPERIENCE
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 3
FIRM QUALIFICATIONS AND EXPERIENCE
TERRACON BACKGROUND & EXPERIENCE
Wherever you are on your project journey, Terracon’s employee-owners are ready to meet you there and help you reach your goals. Since our founding in 1965, Terracon has grown and evolved to become a thriving, employee-owned, multidiscipline engineering consulting firm providing geotechnical, materials, environmental, and facilities services. Our more than 6,000 professionals include engineers, scientists, architects, facilities experts, and field professionals focused on solving engineering and technical challenges from more than 175 offices nationwide. Of the 6,000+ employees, Terracon has 350 principals, nationwide.
Terracon consistently ranks among the top 25 design firms by Engineering News-Record (ENR). In addition to ranking #21 in ENR’s Top 500 Design Firms, Terracon also ranks #11 in California’s Top Geotechnical and Environmental Firms.
Terracon has provided geotechnical engineering services for over 100 projects within the City and surrounding communities. This translates into quick and economical responsiveness for projects located in the City, supported by a demonstrated understanding of prevailing conditions, regulations, and protocols applicable to each project, allowing them to provide practical and cost-effective solutions.
Throughout the life of your project, we won’t just point the way – we will go with you. Together, we are explorers turning big ideas into reality for our partner clients, employees, and the world around us.
From site selection to the design and construction to maintaining the infrastructure’s life, we will help you succeed through engineering and scientific expertise, a passion for problem-solving, and a drive to explore.
We’re ready when – and where – you are. Explore with us!
TERRACON SERVICES
Geotechnical and Materials Testing Services
With Terracon you get an experienced team of experts in both geotechnical investigations and materials testing. We partner with cities throughout the region to provide on-call services to meet their goals and keep projects on budget and schedule. Terracon has all the capabilities needed to successfully complete all tasks assigned under this contract.
Our services include:
• Geotechnical Investigation: Terracon conducts geotechnical investigations at project sites to assess existing subgrade soils and slopes. These investigations provide critical information for design, including slope stability analysis.
Background geotechnical reviews are also performed, utilizing readily available geotechnical reports from nearby and adjacent projects, regional geologic maps, aerial photographs, and geotechnical maps.
Subsurface Geotechnical Evaluation: Terracon collects relatively undisturbed and bulk samples of existing materials for laboratory testing. This evaluation helps assess the engineering characteristics of on-site materials and any imported materials.
• Geotechnical Reporting: Terracon prepares comprehensive geotechnical reports that present findings, soil and engineering analyses, conclusions, and recommendations. These reports cover various aspects, including materials testing and design parameters.
• Construction Support Services: Terracon provides on-site materials testing during construction. This includes documenting trench backfill operations, assessing soil moisture conditions, evaluating lift thickness, and ensuring proper compaction methods.
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 4
GEOTECHNICAL ENGINEERING DESIGN SERVICES
• Subsurface Exploration and Testing
• Field/Laboratory Testing
• Infiltration Testing
• Soil Classification and Analysis
• Geologic and Seismic Ground Motion Hazard Analyses
• Soil Liquefaction and Seismic Settlement Analyses
• Foundation Analysis & Design & Review of Earth
Structures, Slopes, & Retention Systems
• Slope Stability Analysis
• Soil Stabilization & Ground Improvements
• Landslide Investigations
• Erosion Mitigation
• Pavement Analysis & Design
• Road Subgrade Stabilization Recommendations
• Earthwork and Grading Recommendations
• Fill Compaction and Backfill Requirements
• Dewatering and Seepage Control Analysis
• Groundwater Level Monitoring
• Shoring Design
SPECIAL TESTING SERVICES GEOTECHNICAL INSPECTION SERVICES • Surface Wave Analysis and Seismic Refraction Testing
• Inclinometer Monitoring
• Settlement Monitoring
• Thermal Integrity Testing
• Crosshole Sonic Logging (CSL)
• Pile Dynamic Analysis
• CESCL Inspection
• Field Density Testing
• Subgrade Proofrolling
• Shallow Foundations
• Ground Improvement
• Deep Foundations
• MSE Retaining Walls
• Permanent Retaining Walls
• Tieback/Soil Nail Testing
• Temporary Shoring
AGGREGATE TESTING SOILS TESTING
• Fractured Face Count
• LA Abrasion
• Sodium Sulfate Soundness
• Sieve Analysis
• Course and Fine Aggregate Specific Gravity
• Organic Content
• Degradation
• Sand Equivalent
• Soil Strength Characteristics
• Consolidation Testing
• Soil Moisture Content
• Soil Grain Size/Hydrometer
• Soils Specific Gravity
• Atterberg Limits
• Soil Relative Density
• Corrosion Properties
Geostructural Design and Instrumentation
Whether a project needs excavation support to allow underground development, retaining walls to facilitate the development of sloping sites, ground improvement systems to provide foundation support over soft soils, or micropiles to support heavy loads in confined areas, we can design a solution to appropriately fit our clients’ needs. Terracon engineers have extensive experience in preparing geostructural instrumentation monitoring plans, performing instrumentation installation, and providing monitoring and web- hosting services for remote, real-time project instrumentation monitoring.
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 5 Laboratory Services
You will have access to Terracon’s in-house, fully equipped and accredited laboratories. Our Colton laboratory is full-service. Our regional laboratories are equipped with concrete compressive strength testing machines, high-temperature asphalt ovens, and full HVEEM and Marshall mix design capabilities.
Terracon’s laboratories are equipped to perform a wide variety of tests for various geotechnical studies and materials used during construction. Based on experience with several other on-call type contracts, we anticipate laboratory testing for geotechnical projects will likely include sieve analysis, Atterberg limits, specific gravity, moisture content, dry unit weight, laboratory compaction characteristics (Proctors), R-value, permeability, swell-consolidation, time-rate consolidation, compressive strength (rock), and triaxial or direct shear strength.
Our local laboratories have the following certifications:
• AASHTO Accreditation Program/Materials Reference
Laboratory (AMRL)
• The U.S. Army Corps of Engineers Certified
• Accepted Laboratory (LEA Program), Division of State
Architect (DSA)
• Inspected by Cement and Concrete Reference
Laboratory (CCRL)
• Caltrans Qualified Laboratory
• Office of Statewide Health Planning & Development
(OSHPD)
For construction materials testing, we anticipate laboratory testing may include several of the tests described above for geotechnical projects as well as asphalt extraction, asphalt stability/flow/air voids, bulk specific gravity of asphalt, and theoretical maximum specific gravity. We can also provide compressive strength testing for concrete cylinders, concrete beams, grout, masonry block and prisms, and core samples. We have dozens of unique laboratory capabilities that can be offered by other offices throughout the country as special testing requirements arise. Terracon works regularly with nearby laboratories to perform other types of unique laboratory testing requests if needed.
In-House Drilling Services
With more than 135 drill rigs, including one locally in Gardena, Terracon owns and operates the largest drilling fleet of any geotechnical engineering firm in the U.S.
You will have access to the largest geotechnical drilling fleet in the nation. This large drilling fleet allows for the use of multiple rigs if work must be expedited.
Our exploration equipment, which can access almost any site condition, includes:
• Drills
• Cone Penetrometer Testing
• Direct Push Units (all sizes mounted on trucks)
• Tracks
• Skids
• Buggies
• Barges (overwater access)
• Other All-Terrain Vehicles
Our intrusive methods of exploration and sampling, include:
• Hand Augering
• Hollow Stem Augering
• Mud Rotary Wash
• Rock Coring
• Angle Drilling
• Direct Push Techniques
• ODEX© and Symmetrix© Overburden Drilling, Air Rotary
with casing
Specialized in-situ testing methods include:
• Cone Penetration Testing (CPT and SCPTu)
• Dual-Cone Penetrometer
• Downhole Vane Shear
• Dilatometer Modulus Testing
• Pressure Meter Testing
• Borehole Shear
• Packer Testing
• Geo-Instrumentation Installation and Automation
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 6 In addition, the track and all-terrain balloon tire rigs allow us to access the full spectrum of terrain regardless of site conditions. We also have many master agreements in place with local subcontractor exploration teams to supplement our in-house exploration team to provide support for large projects, meet expedited schedules if our internal drill rigs are not readily available, and to perform other types of field exploration such as completion of exploratory test pits. This is a direct benefit to you since fieldwork will be performed faster and will not be delayed by adverse site conditions.
Soil Testing
Laboratory tests are performed to define soil properties and identify those soils that do not conform to project specifications. For moisture content, strength, and stability, the early identification of issues helps avoid future problems for our clients and allows for correcting problems both before and during construction.
Tests include laboratory compaction characteristics of soil, plasticity index, gradation, organic content, classification, swell pressure, unconfined compressive strength, and corrosion index testing.
Advanced Soils Testing
In addition to routine index property testing, Terracon laboratories are also equipped to perform the following specialized soil tests:
• Shear Testing
• Consolidation
• Swell
• Hydraulic Conductivity
• Thermal Resistivity
Inspection Services
Proper selection, quality, workmanship, and performance of construction materials play a vital role in ensuring that today’s buildings and infrastructure perform adequately over long periods. We provide continuous improvement and innovative solutions while working with clients to communicate goals, evaluate materials and processes, and reduce the potential for deficiencies. If a failure occurs, we investigate and evaluate to provide our client with practical and cost effective solutions. • Construction Quality Assurance/Quality Control
• Special Inspection
• Materials Engineering Field and Laboratory Testing
and Analysis
• Construction Observation & Monitoring
• Structural Steel & Nondestructive Testing
• Pavement Consulting & Engineering
• Forensic Evaluation
• Materials Condition Assessments
Terracon’s Project Approach to providing Special Inspection and Testing Services for the City’s projects is founded on decades of Special Inspections and Materials Testing experience with large and complex projects. Our experience on these projects has led Terracon to develop programs and processes to facilitate continuous improvement and innovative solutions.
Pavement Engineering
Terracon’s pavement evaluation, design, preservation management, and construction management experience provides needed expertise to meet pavement lifespan challenges.
Terracon uses technologies in field testing and evaluation, laboratory testing, and both visual and geophysical surface condition assessments to provide accurate results. We can provide the most cost-effective recommendations intended to support decision making during the design process and long-term planning for many types of pavement projects.
D Subgrade Evaluation: Subgrade properties are fundamental to pavement design. Terracon offers a full range of drilling, sampling, and coring equipment.
D Material Evaluation: Dynamic Cone Penetration testing for subgrade support characterization and a suite of laboratory tests for determining material properties.
D Existing Surface Evaluation: Paving surfaces may consist of concrete, asphalt, or both. Evaluation of the existing pavement and distresses are performed using ASTM methods.
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 7 Pavement design requires knowledge of the traffic conditions (current and projected), environmental conditions, subgrade properties, pavement types, and design life criteria. With the appropriate balance between subgrade preparation and pavement design, a practical solution is engineered.
Services include performing pavement condition surveys to forecast future pavement condition and lifespan. We prepare work plans to extend pavement life, optimize pavement expenditures, and manage pavement maintenance programs. The client can then make informed decisions and remove the guessing game associated with short- and long-term pavement management.
Once the path forward has been determined, proper pavement management plan execution is paramount. Terracon provides the owner the peace of mind the construction/maintenance of their pavement investments will be done correctly and efficiently. From construction administration to materials testing, Terracon provides construction management services from project start to finish.
Concrete and Masonry
New criteria for concrete and masonry construction are evolving continually. Terracon routinely performs design mixes for concrete, mortar, and grout to satisfy the project specifications. Compression and flexural tests are typically performed on hardened concrete cylinders and beams, mortar and grout cubes, and masonry units. Petrographic analysis, drying shrinkage of Portland cement concrete mixes, chloride ion content, rapid chloride ion permeability, freeze-thaw durability, and efflorescence tests can also be performed.
Concrete mix design is the process by which concrete performance properties and mixture proportions are established. Terracon laboratories are experienced at finding the right combination of cementitious materials and aggregates to meet today’s rigorous specifications and yield a workable, economic mix to meet your project needs. With Terracon’s nationwide network of laboratories, our experienced professionals have a vast knowledge of regional standards, materials, and aggregate sources.
Asphalt
Modern construction practices involving asphalt require consideration of such factors as durability, adaptability to fast-track construction, and proper performance under specialized applications. Asphalt concrete mixes can be designed using local materials that best-fit roadway and airport needs. The optimum mix design is determined through Superpave, Marshall, or Hveem test methods and laboratory testing of aggregate properties, extraction, and gradation.
The evaluation of in-place materials is fundamental to decisions regarding the necessity to replace or repair pavement layers. Core samples can be taken to determine the thickness and density of the asphalt concrete and base course materials and to evaluate subgrade properties. Nondestructive nuclear density gauge tests can be performed rapidly for statistical analysis at numerous locations. Recommendations regarding the need for under-drainage or subgrade improvement can be developed. Areas that require patching before placing overlays, and the potential for recycling the in-place pavement system into a new pavement system can also be studied.
Aggregates
Aggregate quality is established and monitored by performing various laboratory tests such as gradation analysis, specific gravity, absorption, soundness, freeze-thaw, abrasion, deleterious substances, and acid solubility.
The construction industry requires durable aggregates for many construction building applications, which must meet strict quality testing standards and criteria. Terracon has a nationwide network of laboratories that specialize in determining the durability of aggregates for these applications. Our full range of independent concrete and Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 8 aggregate testing services can help ensure both the quality of your aggregate and the long-term performance of your project.
A few applications may include the following:
D Portland cement concrete structures (buildings, bridges, pavement, lightweight aggregate applications, art/ decorative/sound barriers, and many other hardscape applications) D Pavement construction (aggregate road base, hot mix asphalt) D Sports athletic structures (running track and athletic field synthetic turf substrate and drains) D Earthwork and foundations (structural embankments, dam applications, and rammed aggregate piers) D Masonry construction (mortar, grout, CMU, and modular blocks)
TERRACON STRENGTHS
LOCAL TO GARDENA
Situated just 3 miles from City Hall, Terracon is deeply rooted in Gardena. We understand the importance of improving and maintaining the City’s infrastructure and facilities and will become an extension of the public works department.
Communication is the key to all successful projects and being local allows us to work closely with the City’s team to foster a strong relationship for years to come.
We also maintain three additional offices within Southern California, providing convenient support for our local team to meet our client’s project needs, including schedules.
PRIMARY OFFICE SUPPORTING OFFICES
Los Angeles County:
145 W. Walnut Street
Gardena, CA 90248
Orange County:
23041 Avenida De La Carlota, Suite 350
Laguna Hills, CA 92653
San Diego County:
9123 Chesapeake Drive
San Diego, CA 92123
Inland Empire:
1355 E. Cooley Drive
Colton, CA 92324
INNOVATIVE SOLUTIONS
Terracon’s vision to lead innovation means constantly asking, “How can we do things better?” We are focused on innovation efforts supporting both employee experience and client experience, driving efficiency and safety. This commitment is evidenced by internal leadership dedicated to developing innovation and digital services, including Stage1, TARGETID, Pivvot, CompassSM, and GIS services and data solutions. This leadership team is focused on assessing potential innovation within our service lines, innovation development, and industry trends. “Your team is always so reliable,
and I am so grateful for it.”
Charlotte Knight, Senior Proposal
Coordinator, CWE
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 9 Stage1 is a technology developed by Terracon
that allows quick, site-specific research, so
project planning and feasibility-level design
can move forward, with a plan to confirm
expectations in later project phases. Clients can interact with GIS layers, tap into our historical subsurface data, and receive the opinion of our experienced geotechnical professionals to understand preliminary geotechnical site considerations prior to field exploration. Using this web-based delivery system, real-time collaborative reporting and decision-making is faster, more informed, and more efficient. Our clients (and our industry) are taking notice: Stage1 has earned awards for innovation from the Environmental Business Journal and the Association of General Contractors.
Our proprietary data management system, TargetID, is our premier materials testing data delivery service. With actual CAD drawings inserted into our GIS system, you can interact with your information in a way like never before.
TargetID, generates real-time test results of critical information such as 24-hour report turnaround of non-conformance items and failing tests, custom report delivery that can be shared with the entire project team and real-time reporting to keep the entire project team informed, saving time and money. TargetID generates real-time test results of critical information, keeping you informed of all test results and helping your project move forward.
TargetID also offers almost unlimited flexibility with items to map, statistical tools to keep on your dashboard, and filtering by elevations in high rises and large cuts and fills. The flexibility and intuitive capabilities of TargetID are ideal for “big data” projects and will most assuredly make your construction manager’s life much simpler.
Terracon GIS Capabilities
Terracon uses the most advanced GIS software applications and database management tools in the industry to help us effectively manage, analyze, and visualize site data in support of projects nationwide. We leverage the ArcGIS platform to provide a wide range of project solutions from traditional map documents to custom web applications. Our staff are versed in a variety of programming tools and languages including Python, C#, JavaScript, VB.NET, ArcGIS Server, ArcObjects, and XML to deliver customized project solutions, and execute complex database development and integration tasks. We also utilize 3D modeling applications including ESRI ArcScene/ArcGlobe and Ctech MVS for complex sites requiring advanced data analysis and visualization. Regardless of the project scope, we strive to deliver intuitive products that help us communicate project data to our clients and other project stakeholders.
CMELMS™ Management System
In order to provide our clients with real-time field and laboratory data management and reporting, Terracon developed and maintains an automated application that we call CMELMS. The acronym stands for Construction Materials Engineering Laboratory Management System and is utilized by construction materials engineering and testing operations in our offices.
CMELMS is a complete and comprehensive field and laboratory testing data and results management system.
Features in the application include accessing and distributing test results and field observation reports by a push of a button.
CMELMS automates the delivery of our testing and inspection information and can be used anywhere with an internet connection or through a wireless device. Data (test results and inspections) can be entered into the application right from the project site so that project managers and engineering staff have real-time access to the field data.
Final Client Reports are produced in the same application, which allows us to achieve better communication, more consistency, and faster turnaround of reports on the project.
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 10 We utilize our industry-leading delivery platforms to allow us to provide real-time information to clients and their design teams to allow projects to move along at an accelerated pace and on schedule. Our internal project delivery systems are designed to provide timely information via CompassSM, Terracon’s online collaboration platform.
Make rock-solid decisions and maintain your project’s forward momentum with real-time access to high-quality data and Terracon’s responsive partners. As soon as the City gives us the green light to move forward as your consultant, your project is launched through an online collaboration platform that lets you easily view project data, documents, and reports, and interact with your team all in one place!
Terracon’s CompassSM tool connects the City’s team with your project data and our technical team through a highly customized, visual interface. We are continually enhancing this proprietary platform to deliver seamless facilities, environmental, geotechnical, and material services at any point in your project lifecycle, from site selection through construction and asset management.
The City has real-time digital access to your project information as it becomes available. Our team uses mobile technology to capture and transmit data from the field as it’s collected, so you don’t have to wait for the final report to make critical decisions to keep your project on schedule.
How does Terracon Compass work?
• City’s team receives automated access and secured login credentials. • Next, the team will be introduced to Compass at our client-engaged kickoff meeting. • Following that meeting, your team can log in at any time to:
D Customize notifications.
D Obtain contact information for key Terracon
project team members.
D Collaborate with the entire team.
D View project site overlaid with both public
subsurface maps and Terracon’s proprietary
subsurface data.
D Monitor project progress.
D View all Terracon services performed at the site.
D Track milestone deadlines with completion dates
updated in real-time.
D Download digital data.
D Receive final, signed deliverables.
D Build a library of past projects and access the
data any time long after projects have been
completed.
Pavement Technology Solutions with Pave-AI
Managing your pavement assets is essential to detect hazards early and apply the appropriate pavement maintenance technique to extend the life of your pavement asset while simultaneously keeping operations moving at your business.
Using information from pavement asset quantification and management technology, Terracon can partner with you to develop a best-practice, data-driven pavement maintenance strategy to mitigate future risks and optimize your budgets.
Terracon’s pavement technology provides automated distress detection and Pavement Condition Index (PCI) calculation through time-stamped mosaic imagery and artificial intelligence (AI) learning. This innovative approach enables our engineers to safely and efficiently collect field imagery, generate mosaic models, calculate pavement conditions, and ultimately utilize this data to create summary reports with maintenance and rehabilitation options and budget projections.
The City can make cost-effective maintenance decisions and prioritize projects over time using the pavement condition data collected and stitched together using Terracon’s Pave-AI innovative approach that provides a more precise image of your pavement as well as more comprehensive coverage of your pavement than is done in a typical manual survey.
The City can be confident that our innovative, cost-effective pavement solutions will help you extend the life of your pavement assets and optimize your budget! Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196
AND EXPERIENCE
KEY PERSONNEL
Key Personnel
and Experience
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 11
KEY PERSONNEL AND EXPERIENCE
DELIVERABLE WORK PLAN
Ensuring all deliverables are on time, within budget, and free of errors starts with an excellent work plan. Our methodology begins with a strong commitment to partnership, collaboration, communication, and coordination with all team members.
A typical scenario of how this strategy would be implemented consists of the following:
• Project Initiation and Coordination: Terracon will meet with the project team to receive the specific project requirements. A preliminary work plan including project cost estimates, schedule, allocation of staff and equipment, and formulation of budget control elements will be submitted for approval. • Project Level Coordination/Field Work: Under the City’s direction and based on the construction plans, Terracon’s Project Manager will undertake detailed phase planning and execution. The Project Manager will coordinate with the appropriately certified and qualified engineers, inspectors, technicians, and staff to initiate the work and to follow it through to completion.
• Laboratory Testing: Laboratory testing for each project will be performed by Terracon’s Colton office and results will be subject to quality assurance by the Laboratory Manager. • Task Analyses/Report Preparation: Terracon utilizes our proprietary tools and software, Construction Materials Engineering Laboratory Management System (CMELMS) and Client Portal, to provide your project team with accurate and timely reports associated with the services on your project. CMELMS is a complete and comprehensive field and laboratory report tracking, information management, and distribution system that ensures timely and accurate reporting. This system allows us to accurately track a sample in the field or laboratory by setting up a dispatch report and tracking ID for each task scheduled and dispatched. Our field staff will complete their daily reports on-site, utilizing laptops and smartphones. We have a mobile app that our field staff will use for field data collection and reporting as part of our Seamless Constructed Deliver approach. Once the reports are completed, our project managers will be notified that reports are ready for review and distribution. Our project manager will review and submit reports to the designated project team daily. Any non-conforming conditions or uncorrected deficiencies will also be tracked and reported immediately to the project team for a resolution plan.
QUALITY CONTROL/QUALITY ASSURANCE
Terracon’s approach to consulting services for the City’s projects is founded on decades of Geotechnical and Materials Testing experience with various on-calls. This experience has led Terracon to develop programs and processes to facilitate timeliness and communication on our projects. Unique to Terracon, our data management system, Compass, strengthens our entire process. Terracon’s CompassSM tool connects your project data with our technical team through a highly customized, visual interface. Our clients have real-time digital access to your project information as it becomes available.
Our team uses mobile technology to capture and transmit data from the field as it’s collected, so you don’t have to wait for the final report to make critical decisions to keep your project on schedule. • Quality Control/Quality Assurance: Our Authorized Project Reviewer (APR) program promotes quality performance – getting it right the first time, every time. Terracon’s APR program provides you with accurate, comprehensive reports and saves you time and money by using internal measures to reduce errors. Quality oversight includes the selection, vetting, approval, and ongoing evaluation of qualified Authorized Project Reviewers (APRs) who have the responsibility to oversee quality for every project. We have designated APRs for our geotechnical, materials testing, and laboratory services.
“Sending out a quick note thanking
team Terracon for concluding the
work earlier today. Your team did
a great job staying on schedule
and conducting themselves in a
professional manner”.
-Daniel Sanchez,
Operations Coordinator
Aeroplex Group Partners
(Long Beach Airport)
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 12 The City needs more than a consultant. We operate as an extension of your staff and take a personal stake in your success. Carlos Amante, PE, GE will serve as Terracon’s Senior Project Manager and be the City’s primary point of contact. He will support Smriti Dhital who will serves as the Project Manager and will oversee day-to-day operations until project completion, ensuring that the Terracon team’s resources are readily available to the City. One of Terracon’s key advantages lies in its comprehensive range of specializations, all conveniently housed under one roof. Additionally, Terracon boasts a dedicated team of specialists who provide geotechnical and materials testing services across various categories.
The primary objective of Terracon’s management approach is to ensure the technically proficient, timely, and cost-effective execution of your project. Our approach has been designed to achieve this objective using components of management strategies that have proven successful for similar projects with municipalities throughout Southern California. In order to provide the City with services that respond to a variety of needs, while simultaneously maintaining the technical quality of final deliverables and budget/schedule control, we designed our program management for the City to provide clearly defined lines of communication and management responsibilities, including the following features:
• Integrated team of consultant professionals and resources allocated for assignment based on expertise.
• Structured approach to conducting quality control that assigns a team of senior personnel who have an expertise in applicable regulations and current industry standards to provide review of deliverables throughout the life of a project.
• Redundant capacity, capable of expanding team resources in response to supporting changes of requirements and priorities, as needed.
• Ease of scheduling through the use of Geotechnical Exploration Managers and Construction Inspector Dispatchers. • Clear, centralized management procedures for financial control and quality assurance that provides weekly cost accounting report for each person working on a specific project. • Proactive approach to problem solving which provides direct input to the City and access to the Terracon Team. • Simplified management structure with areas of responsibilities and accountability defined. • Depth of resources capable of expanding teams to respond to changing future support requirements and priorities. • Senior Quality Assurance/Quality Control reviews throughout the life of a project to help assure the highest caliber reports and engineering documents.
• Technical experts with varied discipline backgrounds and expertise to provide technical and regulatory guidance throughout a project, as appropriate.
Terracon understands the nature of the work to be performed through our experience with numerous projects performed within the city and the surrounding area. We have developed a management structure to provide high-quality products and timely results at reasonable costs.
To assist the City in successfully completing projects, we provide constant communication. Terracon recognizes that effective partnering, adequate resources, and technical capabilities, while vital, do not alone guarantee successful project performance. The resources must be directed and supported by effective management procedures, cost and quality controls, and a proven delivery system. Terracon brings you a well-defined program management approach and proven procedures for planning, budgeting, scheduling, communicating, and controlling successful project delivery.
Type I
Project Process
PROJECT CLOSEOUT
PROPOSAL REVIEW
PROJECT AWARD
APR ENGAGEMENT
PROJECT MANAGEMENT
VERIFICATION
KICKOFF MEETING
PROJECT MILESTONES
PROJECT DELIVERABLES
LEGAL CONTRACT
REVIEW
CONTRACT
SIGNED
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 13 EXPERIENCE AND TECHNICAL COMPETENCE OF SUBCONSULTANTS.
Terracon is fully competent in all geotechnical and materials testing services that may be needed; however, we understand that projects sometimes require working with small business, minority, or other subconsultants (subs). We have longstanding relationships with many local subs that meet these requirements and can utilize their services when necessary. Subs are considered part of the Terracon team and are integrated into projects seamlessly. We have assembled and have worked with the following subconsultants to perform the following services as needed.
MR DRILLING
MR Drilling, a Small Business Enterprise (SBE), also known as J. & H. Drilling Co., Inc., was founded in 1989 and is headquartered in Santa Fe Springs, California. They offer a broad range of environmental and geotechnical drilling services, including:
• Soil Sampling: Collecting soil samples for analysis.
• Well Installations: Setting up wells for various purposes. • Agricultural, Production, and Monitoring Well Abandonment: Properly closing wells that are no longer in use.
• Well Development: Ensuring optimal well performance.
• Close Confinement Drilling with a High Torque Rig: Drilling in tight spaces using specialized equipment.
• Direct Push Machines: A method for collecting subsurface samples. • Air Knife Capabilities: Using compressed air to clear debris during drilling. • Potholing/Utility Clearance: Creating holes to locate utilities or other underground structures. 2R DRILLING, INC.
2R Drilling, Inc. specializes in geotechnical and environmental soil test borings. Based in Chino, California, they serve Southern California. Their services include:
• Hollow Stem Auger Drilling: Using equipment like the CME 85 Hollow Stem Auger drill. • Mud Rotary Wash Drilling: Employing techniques like wireline coring and direct push. • Well Development: Ensuring optimal well performance.
• Concrete and Asphalt Coring: Providing core samples for construction purposes.
They offer a range of drill rigs, including the GT16 Tier 4 Final Rubber Track Mounted Drill and the GT8 Tier 4 Final Multipurpose Track Mounted Drill. These rigs feature wireless remote consoles and LIDAR optical proximity cages for safety.
AP ENGINEERING & TESTING, INC.
AP Engineering & Testing, Inc. offers a complete line of geotechnical testing services with high quality, competitive prices and the fastest possible turnaround time. Their field services include field exploratory, in-situ testing, deputy inspection, field observation and testing during grading, wall and trench backfill testing, quality control testing during street rehabilitation, manometer survey, and field instrumentation and monitoring. Their geotechnical laboratory is equipped with a full range of testing equipment ranging from basic classification test apparatus to sophisticated equipment such as triaxial test apparatus. All of their equipment conform to ASTM and/or Caltrans standards and are calibrated regularly for accuracy and conformance.
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 14
FAMILIARITY OF REGIONAL GRANTS/COMPETITIVE FUNDS (SBCCOG & LA METRO) When it comes to familiarity with regional grants and competitive funds, Terracon’s Southern California offices are strategically positioned to understand and navigate the funding landscape. Two key organizations in this region are the South Bay Cities Council of Governments (SBCCOG) and LA Metro.
The SBCCOG is a joint powers authority government agency of 16 cities and Los Angeles County that aims to maximize the quality of life and productivity of the Los Angeles South Bay subregion. They work collaboratively to identify additional funding to assist cities in implementing their strategies through adaptation and resiliency grants and programs.
On the other hand, LA Metro is responsible for programming transportation funds in Los Angeles County. They manage various funding programs and sources, including the Active Transportation Program (ATP), Climate Investment Programs (Cap-and-Trade), and the Road Repair and Accountability Act (SB1).
Terracon’s expertise in geotechnical, materials engineering, environmental, and facilities, coupled with our understanding of the regional funding landscape, positions us well to assist clients in leveraging these funds for their projects. Whether it’s navigating the application process for a grant from the SBCCOG or understanding the requirements of a competitive fund from LA Metro, Terracon’s Southern California offices are equipped to provide the necessary support. Our commitment to problem-solving and scientific expertise makes us a reliable partner in maximizing the potential of these regional grants and competitive funds.
EXPERIENCE AND HISTORY WITH LOCAL AGENCIES
The convenience of having four offices servicing Southern California has allowed us to complete hundreds of Geotechnical, Materials, Environmental, and Facilities projects throughout Southern California, including over 1,000 Geotechnical and Materials projects within the greater Los Angeles Metro area. We have diligently tracked data on subsurface conditions and project findings for all these projects and routinely utilize this information to benefit our clients’ strategic decision-making.
We understand the unique geological and environmental issues relevant to key regions. Our experts are familiar with navigating various local, state, and federal regulations and processes that may overlap at any site. The advantage of working with Terracon is the interconnectedness of our services and our efficient data collection and reporting systems. With our project experience, our reporting systems and applications already contain soil information for several projects allowing us to utilize this data on future projects to reduce the cost and schedule associated with a new project. With our in-house efficiencies, we will bring you quality services that will benefit your cost and schedule on every project.
Terracon’s local team has been supporting local agencies and municipalities across Southern California for nearly six decades. We understand the needs of our public clients, and the resources required to successfully service on-call contracts. Our nationwide network of professionals allows us to initiate services easily on one or multiple contracts or task orders simultaneously.
Below is a list of local agencies and local agencies and municipalities we have directly served throughout Southern California over the past 10 years:
Los Angeles County
• City of Arcadia
• City of Carson
• City of Cerritos
• City of Culver City
• City of Camarillo
• City of Downey
• City of El Cerrito
• City of Hermosa Beach
• City of Lancaster
• City of Lemon Grove
• City of Manhattan Beach
• City of Monterey Park
• City of Moorpark
• City of Pomona
• City of Santa Monica
• City of Simi Valley
• City of South Gate
• City of Thousand Oaks
Orange County
• City of Anaheim
• City of Santa Ana
• City of Huntington Beach
• City of Tustin
Inland Empire
• City of Beaumont
• City of Chino
• City of Colton
• City of Grand Terrace
• City of Jurupa Valley
• City of Loma Linda
• City of Moreno Valley
• City of Palm Springs
200+
Projects Completed
in the past 5 years for
local agencies and
municipalities throughout
Southern California
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 15 • City of Rancho Mirage
• City of Redlands
• City of Rialto
• City of Riverside
• City of San Bernardino
• County of San Bernardino
• County of Riverside
• Riverside County Sheriff-Coroner
• City of Victorville
• City of Yucaipa
San Diego County
• City of Chula Vista
PROJECT TEAM
Terracon has a significant depth of experienced employee-owners, including licensed professionals, project managers, regional managers, geologists, engineers, materials testing technicians, soils technicians and laboratory personnel for every potential project the City may require. In addition to the key personnel shown below, we have staff beyond those included that we can draw upon to perform the City’s work.
To support efficient project delivery, we request that a City representative is present at the kickoff call of each project to discuss logistics of the project at hand. This person would facilitate consistency throughout the process of permitting prior to exploration through the engineering analysis and design phase of the project. They would be engaged and be familiar with our team members (summarized below) if questions arise after our work is concluded.
Terracon’s local team has no past or pending disciplinary actions against them.
Team Members
Team Member/Role Years of
Experience Responsibility CA Licenses Availability
Carlos Amante, PE, GE
Senior Project Manager/Point of
Contact 30
Carlos will be responsible for overseeing all aspect
of each task order including defining scope,
schedule and budget, and coordinating resources.
PE #GE 2724
PE #C57831 40%
Smiriti Dhital
Project Manager 5 Smiriti will manage assigned geotechnical engineering task orders. 60%
Josh Morgan, PE
Principal/Contract Manager 15 Josh will manage the contract and provide oversight and resources. PE #C86032 30%
Fred Buhamdan, PE, PMP
Senior Principal/VP/APR 22 Fred will provide QA/QC as an Authorized Project Reviewer.
PE #C77455
PMP 20%
Tim Slegers, PE
Regional Materials Manager 27
Tim will ensure that laboratory testing services are
conducted safely, efficiently, and in accordance with
quality protocols and project requirements.
PE #C58653 30%
Jay Martin, PG, CEG
Principal Geologist 35
Jay will evaluate and interpret subsurface field and
sampling data, to develop conclusions about site
conditions.
PG #4887
CEG #1529 30%
Michael Mackey
Sr. Materials Testing Tech 20 Mike will oversee all aspects of the construction materials department. 25%
Morteza (Max) Tajabadi, PhD
Materials Project Manager 8 Max will manage assigned materials task orders. 40% John McKeown, PG, CEG
Geotechnical Project Manager 20 John will manage assigned geotechnical engineering task orders.
PG #7753
CEG #2396 35%
James Dalgity
Soils Manager 35 James will oversee activities of soils, concrete, and asphalt testing. 25%
Sean Paroski, EIT
Geotechnical Project Manager 5 Sean will manage assigned geotechnical engineering task orders. EIT #176293 35%
Ryan Hankes
Geotechnical Field Supervisor 10 Ryan will oversee geotechnical field staff. 25% Tom Remmel
Laboratory Manager 15 Tom will oversee training, equipment maintenance, and staff utilization within the laboratory. 20%
Geotechical Engineering Team Member Materials Testing Team Member Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196
ORGANIZATION
CHART
Organization Chart
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 16 Key Personnel - Resumes provided
ORGANIZATIONAL CHART
FRED BUHAMDAN, PE
Sr. Principal/Vice President/
Authorized Project Reviewer
JAY MARTIN, PG, CEG
Principal Geologist
MORTEZA TAJABADI, PhD
Project Manager
JAMES DALGITY
Soils Manager
MICHAEL MACKEY
Field Services Manager
TIM SLEGERS, PE
Regional Materials Manager
JOSH MORGAN, PE
Principal | Contract Manager
CARLOS AMANTE, PE, GE
Senior Project Manager | Point of Contact
JOHN MCKEOWN, PG, CEG
Project Manager
SEAN PAROSKI
Project Manager
SMRITI DHITAL
Project Manager
TOM REMMEL
Laboratory Manager
RYAN HANKES
Field Supervisor
10 SOIL TECHNICIANS
FIELD TEAM
14 Geologists
16 Engineers
2R
DRILLING INC.
MR AP ENGINEERING
DRILLING
30+
SPECIAL INSPECTORS
Geotechical Engineering
Materials Testing
Geotechnical Field Support
Construction Support
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196
SIMILAR PROJECTS/
SERVICES
Similar Projects/Services
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 17
SIMILAR PROJECTS/SERVICES
Manhattan Beach Design 28th Street Storm
Drain Infiltration
MANHATTAN BEACH, CA
Terracon performed a geotechnical investigation including explorations and infiltration testing. The second phase included a slope stability analysis. The final phase of the project included engineering analysis and lab testing for general engineering recommendations.
CLIENT:
Vik Bapna, Principal or Katie Harrel, Special Projects Manager CWE Corporation
1561 E Orangethorpe Ave, Ste 240, Fullerton, CA 92831-5202 Phone: (714) 732-8181
[email protected] | [email protected]
DATE:
2022 – 2023
TEAM:
Fred Buhamdan, APR/Project Director
Josh Morgan, Principal
Smiriti Dhital, Project Manager
On-Call Pavement Rehabilitation Contract
CULVER CITY, CA
As part of an on-call contract, Terracon performed geotechnical investigation services for Culver City’s Pavement Rehabilitation Project that involved 14 locations within City boundaries. Our services helped in determining the design and construction of the pavement rehabilitation and construction projects throughout the City.
Our scope of work included the advancement of 22 test boring to approximate depths ranging between 4 inches and 3 feet below existing grades. Laboratory testing included classification testing and R-Value tests. In addition, we conducted a visual pavement survey and identified areas with poor conditions that required total reconstruction and provided pavement rehabilitation recommendations for the rest of the project areas.
CLIENT:
Diana Szymanski, Associate Engineer
City of Culver City, DPW
9770 Culver Blvd, Culver City, CA 90232
Phone: (310) 253-5623 • [email protected]
DATE:
2020
TEAM:
Fred Buhamdan, APR/Project Director
Josh Morgan, Project Manager
REPRESENTATIVE SERVICES ON RELEVANT PROJECTS
X Geotechnical Engineering Investigations
X Geotechnical Report
X Pavement Design
X Grading Requirements
X Concrete Testing
X Soil and Aggregate Testing
X Construction Support Services
REPRESENTATIVE SERVICES ON RELEVANT PROJECTS
X Geotechnical Engineering Investigations
X Geotechnical Report
X Pavement Design
X Grading Requirements
X Retaining Walls
X Slope Stability Analysis
X Concrete Testing
X Soil and Aggregate Testing
X Construction Support Services
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 18 City of Monterey Park Residential
Pavement Rehabilitation
MONTEREY PARK, CA
This project involved the rehabilitation of existing asphalt concrete (AC) pavement. The scope included cold milling the pavement by two to five inches and overlaying it with two inches of Asphalt Rubber Hot Mix (ARHM). Damaged
underlying roadway pavement was removed and replaced up to a depth of 15.5 inches. Sections of PCC curb and gutter was also reconstructed.
Terracon provided project management and specialized field and laboratory services for testing and inspection throughout the project including earthwork observation and compaction testing, soil/aggregate testing, shallow foundation bearing soil observation and testing, cast-in-place concrete reinforcing steel special inspection, , PCC field and laboratory testing, and structural masonry special inspection and testing.
CLIENT REFERENCE:
Ziad Mazboudi, PE, LEED AP, Interim City Engineer Manager City of Monterey Park
320 W Newmark Ave, Monterey Park, CA 91754
Phone: (626) 307-1320 • [email protected]
DATE:
2022-2023
TEAM:
Fred Buhamdan, Project Director
Smiriti Dhital, Project Manager
Jay Martin, APR
REPRESENTATIVE SERVICES ON RELEVANT PROJECTS
X Geotechnical Engineering Investigations
X Geotechnical Report
X Pavement Design
X Grading Requirements
Old Town Placentia Streetscape
Improvements
PLACENTIA, CA
The project involves the redesign and rehabilitation of one of the main streets within the City of Placentia. This street is the heartbeat of the City and was in dire need of modernization.
Our scope of work involved nearly 20 borings at critical intersections which were being modernized to support both redesign of pavements and infrastructure but also to support design of stormwater infiltration systems. This area of the City has been overlayed multiple times and had numerous areas that were PCC paved. A coring scope of work was developed to provide information between the borings to delineate these PCC areas and support accurate contractor bidding.
CLIENT:
Chase Keys, Engineering Group Leader
HR Green, Inc.
1260 Corona Pointe Court Ste 305
Corona, CA 92879
Phone: (855) 900-4742 • [email protected]
DATE:
2023
TEAM:
Josh Morgan, APR
Octavio Flores, Project Manager
Smriti Dhital, Assistant Project Manager
REPRESENTATIVE SERVICES ON RELEVANT PROJECTS
X Geotechnical Engineering Investigations
X Geotechnical Report
X Pavement Design
X Grading Requirements
X Concrete Testing
X Soil and Aggregate Testing
X Construction Support Services
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196
REFERENCES
References
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 19
REFERENCES
CITY OF CULVER CITY
Contact: Mate Gaspar – City Engineer
Phone: (310) 253-5623
Email: [email protected]
Contact: Diana Szymanski – City Associate Engineer
Phone: (310) 253-5623
Email: [email protected]
Location: 9505 West Jefferson Boulevard,
Culver City, CA 90232
CITY OF MONTEREY PARK
Contact: Ziad Mazboudi, PE, LEED AP, Interim City Engineer Manager Phone: (626) 307-1320
Email: [email protected]
Location: 320 W Newmark Ave,
Monterey Park, CA 91754
CWE COPORATION:
Contact: Vik Bapna, Principal
or Katie Harrel, Special Projects Manager
Phone: (714) 732-8181
Email: [email protected] | [email protected]
Location: 1561 E Orangethorpe Ave, Ste 240,
Fullerton, CA 92831-5202
HR GREEN, INC:
Contact: Chase Keys, Engineering Group Leader
Phone: (855) 900-4742
Email: [email protected]
Location: 1260 Corona Pointe Court Ste 305
Corona, CA 92879
14 PROJECTS
DIRECTLY WITH
CITY OF CULVER CITY
6 PROJECTS
DIRECTLY WITH
CITY OF MONTEREY
PARK
71 PROJECTS
DIRECTLY WITH
CWE
18 PROJECTS
DIRECTLY WITH
HR GREEN
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196
FEE SCHEDULE
Fee Schedule
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 20 2024
Schedule of Services and Fees
Geotechnical and Materials Testing Services - Southern California Title Rates
Senior Principal $325 /hour
Principal $300 /hour
Senior Consultant $290 /hour
Senior Engineer $250 /hour
Senior Geologist $250 /hour
Senior Geophysicist $250 /hour
Senior Project Manager $225 /hour
Project Manager $190 /hour
Project Engineer $185 /hour
Project Geologist $185 /hour
Project Geophysicist $185 /hour
Assistant Project Manager $170 /hour
Field Supervisor $165 /hour
Senior Staff Engineer $160 /hour
Senior Staff Geologist $160 /hour
Senior Staff Geophysicist $160 /hour
Senior GIS Analyst $155 /hour
Project Field Manager $150 /hour
Staff Engineer - Prevailing Wage $194.25 /hour
Staff Engineer $145 /hour
Staff Geologist - Prevailing Wage $194.25 /hour
Staff Geologist $145 /hour
Staff Geophysicist $145 /hour
CAD Operator $130 /hour
Field Engineer - Prevailing Wage $183.75 /hour
Field Engineer $130 /hour
Field Geologist - Prevailing Wage $183.75 /hour
Field Geologist $130 /hour
Field Geophysicist - Prevailing Wage $183.75 /hour
Field Geophysicist $130 /hour
Assistant Geologist - Prevailing Wage $183.75 /hour
Assistant Geologist $120 /hour
Assistant Geophysicist - Prevailing Wage $183.75 /hour
Assistant Geophysicist $120 /hour
Engineering Assistant - Prevailing Wage $183.75 /hour
Engineering Assistant $120 /hour
Construction Inspector - Prevailing Wage $183.75 /hour
FEE SCHEDULE
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 21 2024
Schedule of Services and Fees
Geotechnical and Materials Testing Services - Southern California Title Rates
Construction Inspector $135 /hour
Technician V - Prevailing Wage (4 hour minimum) $194.25 /hour Technician V (4 hour minimum) $139.05 /hour
Technician IV - Prevailing Wage (4 hour minimum) $189.00 /hour Technician IV (4 hour minimum) $128.75 /hour
Technician III - Prevailing Wage (4 hour minimum) $189.00 /hour Technician III (4 hour minimum) $118.45 /hour
Technician II - Prevailing Wage (4 hour minimum) $183.75 /hour Technician II (4 hour minimum) $108.15 /hour
Technician I - Prevailing Wage (4 hour minimum) $183.75 /hour Technician I (4 hour minimum) $97.85 /hour
Clerical/Administrative Staff / Senior Administrative Staff $103.00 /hour Project Coordinator $103.00 /hour
*An overtime premium of 1.5 times the hourly rate will apply for services provided Monday through Friday that are in excess of 8 hours per day and for services provided before 7:00 AM and after 6:00 PM, as well as for services provided on Saturday, Sunday and Terracon recognized holidays.
Note: Deposition or court testimony at a minimum of 1.75 times the regular rate-minimum of $250/hr.
2. DRILLING
Mobilization of equipment and personnel – With-in Gardena $650 /minimum Support Vehicle $250 /day
Difficult Moving $350 /hour
Shelby Tube Samples $55 /sample
Hourly charge for field personnel and drilling equipment Drilling w/truck-mount rig with two persons $350 /hour
Drilling w/truck-mount rig with two persons (Overtime) $450 /hour Drilling w/track-mount & ATV rig with two persons $375 /hour Drilling w/track-mount & ATV rig with two persons (Overtime) $475 /hour Drill crew (2-man) surcharge for Davis Bacon or CA Prevailing wages $200 /hour Cost of special equipment for moving drilling equipment about site or for permits Cost Plus 15% Miscellaneous items, client delay, stand-by time
Truck-mount $300 /hour
Track-mount & ATV $400 /hour
Well point installation in drilled borehole, installing pipe plus $375 /hour Perforated pipe (3“ max size) does not include drilling hole $21 /ft Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 22 2024
Schedule of Services and Fees
Geotechnical and Materials Testing Services - Southern California Title Rates
Additional charge for surface protector pipe, cap, and pad $600 /minimum Grouting, cement-bentonite $25 /ft
Borehole backfill, bentonite chips $18 /ft
3. INSITUTESTING (Cone Penetration, Dilatometer and Vane Shear Testing) Mobilization of equipment and personnel – CPT Rig within Gardena $800 /day minimum Hourly charge for operator and equipment* $450 /hour
* Note - Standby for client delay or difficult access greater than ½ hour per test location 4-hour minimum Electronic Cone Penetration Testing (CPT)
CPTU (with pore pressure) $20 /ft
Seismic Tests at 5 ft intervals $65 /test
Pore pressure dissipation testing $340 /hour
In-Situ Vane Shear Testing (VST-direct push, 3” x 6” vane) $350 /hour Dilatometer Testing (DMT) tests at 1-foot intervals $35 /ft Data Reduction
CPT sounding $125 /each
DMT sounding $160 /each
VST test $40 /test
4. GEOPROBE SYSTEM
Mobilization of equipment and personnel – GeoProbe within Gardena $750 /day Direct Push only, 8-hr day $ 3,900 /day
Consumable Geoprobe® Supplies Cost Plus 15%
Excess of 8-hrs, Standby/Client Delay Time - machine and operators $390 /hour
5. GEOTECHNICAL AND MATERIALS EQUIPMENT RENTAL (Personnel Time Not Included) Nuclear Density and Moisture Measuring Equipment $20 /test Porosity $211.15 /test
Pin Hole Dispersion $309.00 /test
With Remolding of Sample $339.90 /test
Sand Equivalent $231.75 /test
Soil Thermal Resistivity - 4-point Dry Out Curve $ 1,250 /test Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 23 2024
Schedule of Services and Fees
Geotechnical and Materials Testing Services - Southern California Title Rates
Additional Points $250 /point
Consolidation
Constant Rate of Strain Consolidation, 2.5” diameter - ASTM D4186 $669.50 /test Includes duration of 4 days, each additional day $103.00 /day Incremental Consolidation, 2.5” diameter - ASTM D2435
$643.75 /test
(Regular Load Increment to 16 TSF)
Each additional Unloaded-Reload Cycle $103.00 /cycle
Each additional Unloaded-Reload Cycle $396.55 /test
Swell Test ASTM D4546 Method A, per specimen (requires 4 minimum) $283.25 /test Swell Test ASTM D4546 Method B, per specimen $283.25 /test Swell Test ASTM D4546 Method C, per specimen $437.75 /test Shear Strength
Unconfined Compression, ASTM D2166 $154.50 /test
With Stress-Strain Curve $154.50 /each
Calibrated Hand Penetrometer or Torvane $25.75 /each
Direct Shear FAST (cohesionless) $309.00 /point
Direct Shear SLOW (cohesive) $386.25 /point
Standard Sample Preparation $97.85 /sample
Preparation on remolding for difficult samples $103.00 /hour Unconfined Compression on Cured Proctor Sample with Fly Ash $128.75 /test Triaxial Compression
Unconsolidated Undrained Triaxial (per Confining Stress) $216.30 /each Consolidated Undrained Triaxial (per Confining Stress) $422.30 /each Consolidated Drained Triaxial (per Confining Stress) *Note: Normally requires three $463.50 /each Preparation of Remolded Samples $103.00 /hour
Note: Test rates for 1.4 inch,1.8 inch and 2.8 inch diameter samples. Rates for other diameter samples available upon request.
Compaction and Density
Laboratory CBR (does not include maximum density) $450 /test R-Value (ASTM D-2844) $400 /each
Modified Proctor (ASTM D 1557) $300 /test
Standard Proctor (ASTM D 698) $250 /test
Relative Density (ASTM D 4253 & D 4254 wet or dry method) $463.50 /each Standard Proctor with Fly Ash (2 hour Delay) $272.95 /each Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 24 2024
Schedule of Services and Fees
Geotechnical and Materials Testing Services - Southern California Title Rates
Harvard Miniature $257.50 /each
Field CBR * Additional charge for Coarse Aggregate Correction $51.50 /each Permeability
Constant Head Permeability Test (ASTM D2434) $242.05 /test Falling Head Permeability Test (ASTM D5084) $324.45 /each Preparation of Remolded Samples $51.50 /each
Chemical Tests
pH (By meter) $51.50 /each
Electrical Conductivity by Miller box $149.35 /each
Chloride Concentration $97.85 /each
Soluble Sulfate $113.30 /each
Cation Exchange Capacity of Soil $164.80 /each
6. ROCK LABORATORY TESTING
ASTM D 7012 Triaxial Compression, Method A (per confining stress) $396.55 /each ASTMD7012ElasticModuliinTriaxialCompression, Method B (per confining stress) $530.45 /each ASTM D 7012 Uniaxial Compression Test, Method C $288.40 /each ASTM D 7012 Elastic Moduli in Uniaxial Compression, Method D $406.85 /each ASTM D 3967 Indirect Brazilian Tensile Test $108.15 /each ASTM D 4644 Slake Durability Index $206.00 /each
ASTM D 5607 Direct Shear Intact Rock (per normal stress) $386.25 /each ASTM D 5607 Direct Shear at Discontinuity (3 normal stresses) $1,158.75 /each ASTM D 5607 Direct Shear Saw Cut (3 normal stresses) $1,158.75 /each ASTM D 5607 Direct Shear Intact Rock with Residual Cycles (3 normal stresses $1,261.75 /each ASTM D 5731 Point Load Axial Diametrical $97.85 /each
Difficult Sample Preparation $103.00 /hour
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196
RESUMES
Resumes
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 25
EDUCATION
Master of Applied Science,
Geotechnical Engineering,
University of British Columbia,
Canada
Master of Engineering, Earthquake
Engineering, Kanazawa University,
Japan
Bachelor of Science in Civil
Engineering, University of the
Philippines, Metro Manila,
Philippines
REGISTRATIONS
Registered Geotechnical Engineer,
CA, #GE 2724
Registered Civil Engineer, CA,
#C 57831
CERTIFICATIONS
American Society of Civil Engineers
(ASCE)Geo-Institute
California Geotechnical Engineering
Association (CalGeo)
* Work performed prior to
joining Terracon.
CARLOS V. AMANTE, PE, GE
SENIOR PROJECT MANAGER | POINT OF CONTACT
Carlos Amante has over 29 years of geotechnical and earthquake engineering consulting and project management experience in southern California.
Carlos is highly experienced in the management and technical delivery of design and construction projects involving complex ground investigation, seismic-resilient design of earthworks and foundations, slope engineering, liquefaction assessment, constructability/value engineering study, construction quality management, and materials testing and special inspection services.
PROJECT EXPERIENCE
• Bicycle and Pedestrian Facilities, Sixth Street Viaduct Replacement Project, Los Angeles, CA. Geotechnical Project Manager. Geotechnical investigation for proposed street pavement improvements on Mission Road, Jesse Street and Myers Road and installation of underground fiberglass-reinforced polymer (FRP) water silos with a nominal diameter of 12 feet and height of up to 60 feet.
• Ocean View Boulevard Slope Repair Project, (PS&E and CQA), La CañadaFlintridge, CA. Geotechnical Project Manager. Geotechnical investigation, preparation of geotechnical design report providing recommendations for slope reconstruction and repair of retaining walls, and preparation of plans and technical specifications.
• First Street Viaduct over Glendale Boulevard (PS&E), Los Angeles, CA.
Geotechnical Project Manager. Geotechnical investigation, preparation of Final Bridge Foundation Report, review of plans and technical specifications. • Alameda Corridor-East Grade Separation Projects at Baldwin Avenue, Nogales Street and Brea Canyon Road (PS&E), Los Angeles County, CA.
Lead Geotechnical Engineer. Geotechnical investigation for proposed railroad bridges over existing roadways, retaining walls, and pump stations at four grade separation projects.
• I-405 Sepulveda Pass Widening (Design-Build), Los Angeles, CA. Lead Geotechnical Engineer. Geotechnical study of impact of construction of MSE wall embankment on existing MWD pipeline. Conducted numerical modelling of fill-induced settlements along the pipeline using FLAC program. • City of La Habra Heights Pavement Rehabilitation (PS&E), La Habra Heights, CA. Geotechnical Project Manager. Pavement design services for the rehabilitation of select residential streets within the City, including pavement coring. (Client: City of La Habra Heights).
• City of Placentia Residential Street Rehabilitation (PS&E), Placentia, CA. Geotechnical Project Manager. Pavement design services for the rehabilitation of select residential streets within the City of Placentia, including pavement coring.
• City of Laguna Niguel Design Services for Construction and Beautification of Landscaped Medians and Monuments, Laguna Niguel, CA. Lead Geotechnical Engineer. Geotechnical and foundation design of shallow foundations for 23 monuments, and drilled caissons for two 60-ft high monuments to be located throughout the City of Laguna Niguel.
RESUMES
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 26
SMRITI DHITAL
PROJECT MANAGER
Smriti Dhital is a Project Manager with over five years of experience in geotechnical report preparation, Geo-structure design, and field investigations. Her expertise extends to ground improvement techniques, including dynamic compaction, surcharge preloading with PVD, and vibro-replacement. She is also adept at shoring design (including MSE walls, soldier piles, and soil nail walls) and finite element modeling for non-routine geotechnical challenges. Additionally, Smriti possesses comprehensive knowledge of geotechnical and structural software, enabling her to analyze slope stability, design deep excavations, assess pile foundations, model groundwater flow, and perform structural analysis and design.
PROJECT EXPERIENCE
• 28th St. Stormwater Infiltration Project, Manhattan Beach, CA • Manhattan Beach Infiltration, Manhattan Beach, CA
• Santa Ana Green Street Urban Greening, Santa Ana, CA
• I-405 South Multi-Asset Design Build, Orange County, CA • Hollywood Burbank Airport Passenger Terminal, Burbank, CA • Jet Center II, Long Beach Airport, Long Beach, CA
• Pavement Assessment of Various Streets, Monterey Park, CA • Culver City Bioretention, Culver City, CA
• Los Nietos Green Infrastructure, Whittier, CA
• Parkway BMPs for Dominguez Channel-Harbors, Torrance, CA • Barnes Park Project, Baldwin Park, Baldwin Park, CA
• Dominguez Channel-Harbors Toxics, Torrance, CA
• LACPW South Whittier Green Streets, Meyer Site, Whittier, CA • Malibu Stormwater Improvement, Malibu, CA
• Bristol-Tolliver Urban Greening, Santa Ana, CA
• San Gabriel Levee Ramp Evaluation, Arcadia, CA
• City of Torrance Storm Drain, Torrance, CA
• Indian Street Pedestrian Bridge, Ontario, CA
• B Street Water Main Replacement, Chino, CA
EDUCATION
Master of Science, Civil
Engineering, California State
University, Fullerton, CA
Bachelor of Science, Civil
Engineering, Tribhuvan University
Kathmandu, Nepal
PRESENTATIONS/PUBLISHED
ARTICLES
“Geological, Topographical, and
seismological control on the coseismic landslides triggered by the 2015 Gorkha Earthquake”:
Geotechnical Frontiers (2017)
“Characteristics to moderate to
large scale landslides triggered
by the Mw 7.8 Gorkha Earthquake
and its aftershocks.”: Springers
(2016)
“Strength reduction in soil due to
NaCl leaching and Earthquakes.”:
Poster Presentation (2016)
“GIS based landslide hazard
mapping for pre and postearthquake rainfall.”: Poster
Presentation (2016)
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 27
EDUCATION
Master of Science, Civil
Engineering, California State
University
Bachelor of Science, Civil
Engineering, University of Mutah
REGISTRATIONS
Registered Civil Engineer, CA,
#C77455
Project Management Professional
(PMP)
FRED BUHAMDAN, PE, PMP
PRINCIPAL / PROJECT EXECUTIVE / APR
Fred Buhamdan is our regional manager and a licensed civil engineer with substantial experience in performing geotechnical investigations, engineering design, and project management. These projects included various public works projects, commercial and educational buildings, renewable energy facilities, retail centers, office/warehouse projects, street improvements, industrial facilities.
His experience includes hundreds of projects involving shallow and deep foundations design, settlement and slope stability analysis, pavement design, geologic hazards analysis preparation of project proposals and geotechnical engineering reports, and construction management.
Fred oversees project budgets and schedules, manages client accounts, business development, and supervises engineers, geologists, subconsultants, subcontractors, as well as laboratory and field personnel.
PROJECT EXPERIENCE
The following is a representative list of distinguished projects where Fred has fulfilled roles as an engineer of record, project manager, authorized project reviewer, and/or project engineer:
• San Clemente Island Replacement Tanks, San Clemente Island, CA • 28th Street Storm Drain Infiltration Project, Manhattan Beach, CA • Two-Year Sewer Main Rehabilitation Program - Manhattan Beach, CA • Manhattan Beach Subsurface Infiltration Trench Feasibility Study, Manhattan Beach, CA
• Huntington Beach Utility Operations facility, Huntington Beach, CA • Garvey Avenue Grade Separation Drainage, El Monte, CA • Transfer Station Water Quality Improvement Project, Culver City, CA • Sewer Main Replacement Project – Acacia and Taft, Garden Grove, CA • Mesmer Low Flow Diversion, Culver City, CA
• YVWD Water Reservoirs, Yucaipa, CA
• Agoura Hills Stormwater Treatment Facility, Agoura Hills, CA • City of Malibu Stormwater Improvements, Malibu, CA
• City wide Storm Drain Point Repair Project, Rancho Palos Verdes, CA • 28th Street Storm Drain Infiltration Project, Manhattan Beach, CA • SGVCOG ACE Rio Hondo Load Reduction Strategy Design, multiple Cities in LA County, CA
• LA Public Works Compton Creek Low Flow Diversion, Los Angeles, CA • Topock Raw Water Tank Replacement, Needles, CA
• LA Public Works Arroyo Seco Low Flow Diversion, Pasadena, CA • Culver City Diversion Sewer Project – Culver City, CA • Multiple Trunk Sewer Line Projects – Long Beach, CA
• Temecula Flood Control Channel Recon and Repair, Temecula, CA Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 28
EDUCATION
Bachelor of Science, Civil
Engineering, University of Texas
at Austin
Master of Science, Civil
Engineering, Cal Poly Pomona
REGISTRATIONS
Registered Civil Engineer, CA,
#C86032
AFFILIATIONS
American Society Civil Engineer
Associate member APWA
JOSHUA R. MORGAN, PE
PRINCIPAL | CONTRACT MANAGER
Josh Morgan is a licensed Professional Engineer and the Regional Geotechnical Services Manager for Terracon’s Southern California region. With over 12 years of experience in geotechnical investigations and engineering design, Josh has managed numerous projects across Southern California. He will be the Primary Contact for the City and available for any questions regarding our proposal.
His work has encompassed a wide range of projects, including commercial and educational buildings, street improvements, low impact development stormwater management, and public works projects.
As a manager, Josh is responsible for overseeing all aspects of subsurface exploration programs, obtaining necessary permits, supervising field/lab personnel, and managing subcontractors/subconsultants. He is also responsible for tracking project budgets and schedules to ensure client satisfaction. In addition to his managerial duties, Josh is also responsible for preparing geotechnical engineering reports and engineering analysis related to pavement design, shallow and deep foundation design, ground improvement, settlement analysis, liquefaction analysis, infiltration and percolation testing, and retaining wall/shoring/excavation recommendations.
Josh’s expertise and experience make him an invaluable asset to the Terracon team, as well as to his clients throughout southern California
PROJECT EXPERIENCE
• Subsurface Infiltration Trench Feasibility Study, Manhattan Beach • Manhattan Beach Subsurface Infiltration Trench Feasibility Study, Manhattan Beach, CA
• Culver Boulevard Street Improvement, Culver City, CA
• Street Rehabilitation for 13 Streets, Culver City, CA • Street Rehabilitation for Nine Major Streets, Huntington Beach, CA, • La Brea Ave. Street Improvements, Inglewood, CA
• Huntington Beach Utility Operations facility, Huntington Beach, CA • City wide Storm Drain Point Repair Project, Rancho Palos Verdes • Transfer Station Water Quality Improvement Project, Culver City • John Anson Ford Park Infiltration Project, Bell Gardens, CA • Garvey Avenue Grade Separation Drainage, El Monte, CA • Agoura Hills Stormwater Treatment Facility, Agoura Hills, CA • 28th Street Storm Drain Infiltration Project, Manhattan Beach, CA • Culver City Diversion Sewer Project – Culver City, CA Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 29
EDUCATION
Bachelor of Science, Civil
Engineering, California State
University, Long Beach
REGISTRATIONS
Registered Civil Engineer, CA,
#C58653
American Concrete Institute – Field
testing technician, Grade I
International Code Council,
Reinforced Concrete Special
Inspector
TIM SLEGERS, PE
REGIONAL MATERIALS MANAGER
Tim Slegers brings over 26 years of expertise in construction materials testing and geotechnical engineering. As a registered engineer and certified inspector, he possesses a unique blend of technical acumen and practical field knowledge. With more than two decades of project management experience across diverse services and project sizes, Tim offers a wealth of insights in construction quality assurance, delivering pragmatic solutions.
His geotechnical field testing proficiency includes compaction testing, observation of engineered fill, trench and wall backfill, slope stability mitigation, pavement assessments, and foundation excavations. Tim has firsthand experience with ground improvement techniques like stone columns, geopiers, and mechanical stabilization using geogrids and aggregates. He’s also witnessed the installation of driven piles and conducted testing on CIDH (cast-in-drilled-hole) piers using cross-hole sonic logging and gamma-gamma testing. His familiarity extends to HMA (hot mix asphalt) and concrete mix designs, construction practices, and quality testing.
Tim’s inspection portfolio covers foundations, reinforcing steel, adhesive dowels, and anchors. He has successfully managed projects under the jurisdiction of Caltrans, OSHPD (Office of Statewide Health Planning and Development), and DSA (Division of the State Architect). During construction, Tim assumes responsibility for overseeing inspections, reviewing submittals for compliance with project specifications, analyzing test results, maintaining direct communication with owners and design teams, and providing expert recommendations for engineering-related challenges that arise.
PROJECT EXPERIENCE
LA County Department of Public Works, As-Needed Geotechnical Engineering and Materials Testing and Inspection Services. Tim served as project manager in charge of multiple contracts providing geotechnical engineering and materials testing and inspection services for various projects.
Alameda Corridor East - Baldwin Avenue Grade Separation, El Monte, California.
Provided project management for geotechnical and materials testing for a grade separation at a high-traffic intersection and railroad bridge. The project includes the construction of caisson foundations, retaining walls, tie-backs, pre-stressed concrete, soil compaction, lean concrete base, and Portland cement concrete pavement. A pedestrian bridge was also fabricated at an offsite location. Mr. Slegers provided inspection and testing onsite and at the fabrication facility.
City of Huntington Beach, As-Needed Materials Testing and Inspection. While with a prior firm, Tim provided project management and engineering review as contract manager for a multi-year agreement to provide materials testing and special inspection for street improvements consisting of asphalt concrete reconstruction or replacement, and asphalt overlays. He observed and tested full depth reclamation of several city streets. Projects also include the reconstruction and expansion of the City Utility Yard which included construction of three new buildings and the renovation of a fourth.
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 30
EDUCATION
M.S., Geology, University of
California, Riverside
B.S., Geology, University of
California, Riverside
REGISTRATIONS
Professional Geologist, CA,
#PG 4887
Certified Engineering Geologist,
CA, #CEG 1529
AFFILIATIONS
Inland Geological Society
(Co-Founder and Past Officer)
Geological Society of America
Seismological Society of America
Earthquake Engineering Research
Institute
GeoHazards International
JAY MARTIN, PG, CEG
PRINCIPAL GEOLOGIST
Jay Martin boasts 35 years of expertise in assessing and managing geological risks and hazards throughout California. His oversight spans project management and senior-level engineering geology for roadway, bridge, railroad, intermodal yard, hospital, school, dam, and large-scale residential and commercial development projects. With extensive experience in evaluating and mitigating seismic threats, he has conducted numerous fault trenching projects along major fault lines in southern California. Additionally, Jay has contributed geologic, soils, and mineral resources insights to various environmental impact reports and assessments.
PROJECT EXPERIENCE
• Old Town Placentia Streetscape Improvement, Placentia, CA • City of Pomona Street Preservation, Pomona, CA
• Kentucky Street Erosion at Dunlap Channel, Yucaipa, CA • Limonite Avenue Widening, Jurupa Valley, CA
• Year 2 CIP Streets, Grand Terrace, CA
• CIP On-Call Services, San Bernardino, CA
• Piedmont Dr. Widening Project - Highland, CA
• Pavement Rehabilitation Victoria Ave & Neighboring Streets, Highland, CA • Foothill Pipeline Relocation - Highland, CA
• Relocation of 78-Inch Water Line - Highland, CA
• UPRR Tunnel Extension - Irwindale, CA
• Glen Helen Parkway Investigation, Devore, CA
• On-Call Various Improvements and Repairs, Yucaipa, CA • On-Call Street Improvements, Pomona, CA
• On-Call Street Improvements, Grand Terrace, CA
• Union Pacific Railroad Overpass to BNSF Tracks, Colton, CA • Various Residential and Commercial Projects, Rialto, CA • Various Water System Improvements, Rialto, CA
• County of San Bernardino, 3rd Main Line Bridges, Cajon Creek Crossing / Cajon Boulevard, CA
• Potrero Boulevard Interchange, Beaumont, CA
• Fern Avenue Parking Lot and Retaining Wall, Redlands, CA • 26th Street Pavement Assessment, San Antonio Heights, CA • 57-175 Complex Security Upgrade (10.10.1071), San Bernardino, CA Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 City of Gardena | RFQ Geotechnical Engineering/Geology and Material Testing 31
EDUCATION
Saddleback Community College –
Some Coursework
CERTIFICATIONS
Nuclear Density Gauge Certified
Caltrans: 125, 231,504, 518,539,
540, 556, 557
ICC #: 4847977
ICC Soils Special Inspector
ICC Reinforced Concrete Special
Inspector
ICC Structural Masonry Special
Inspector
ICC Structural Steel and Bolting
Special Inspector
ACI #: 01262473
ACI Concrete Field-Testing
Technician – Grade
MICHAEL MACKEY
SENIOR MATERIALS TESTING TECHNICIAN
Michael Mackey, a seasoned Senior Materials Testing Technician, brings 20 years of expertise in delivering field and laboratory materials testing services. His extensive background includes adeptly coordinating and overseeing materials testing for large-scale grading projects. His responsibilities encompass field grading observation, compaction testing, concrete tests, and various soil assessments.
Additionally, Michael is well-versed in laboratory soils and asphalt testing. He organizes and compiles daily inspection reports and testing data, collaborating with the project engineer to prepare final reports.
PROJECT EXPERIENCE
Romoland MDP Line A Stages 4, 5, and 6, Briggs Basin, Line A-2 and Line A-3, Riverside County, CA. Mr. Mackey is serving as a Materials Testing Technician for the grading, backfill and concrete observation, and conformance testing of the 22,000 linear feet of storm drain.
Street Improvements, Meridian Business Center (former March AFB), Riverside, CA. Mr. Mackey performed grading observation, compaction testing, materials testing, coordination of materials testing, and supervision of other materials testing personnel on the site. The project included more than 3 million cubic yards of earthwork, 3.5 miles of street improvements, and many concrete tilt-up commercial warehouses and office buildings. Compaction and materials testing services were performed for grading, curb and gutter, sidewalk, utilities, aggregate base, and pavement.
Greenspot Road Widening, City of Highland, Highland, CA. Mr. Mackey served as a Materials Testing Technician responsible for testing and inspection services for the City of Highland Greenspot Road Widening project. The project consisted of widening Greenspot Road from SR-210 to Boulder Avenue, widening the existing on and off ramps at SR-210, and utility improvements. Terracon provided compaction testing and grading observation of the earthwork, placement, and testing of Portland cement concrete (PCC) and hot mix asphalt (HMA) concrete pavement, and testing of aggregate base (AB).
San Bernardino County High Desert Government Center, Hesperia CA. As a Materials Testing Technician, Mr. Mackey provided materials testing, grading observation, and compaction testing for a two-story, 55,000-sqare-foot building.
Other improvements included a parking lot, underground utilities, sidewalks, landscaping, enclosures for a transformer, above-ground fuel tanks, a generator, and trash receptacles.
Smith Creek Bank Stabilization, Banning, CA. Mr. Mackey performed grading observation, compaction testing, and materials testing for this recently completed project. Other services included testing during the placement of filter fabric, riprap, aggregate base, grout and Portland Cement Concrete (PCC).
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Nationwide
Terracon.com
145 W. Walnut Street,
Gardena, CA 90248
P (310) 627-3430
Terracon.com/Los Angeles
Docusign Envelope ID: 1EFA3CC9-F167-4D41-8205-AA66F9CF7196 Consultant Agreement with TJKM Transportation Consultants Page 1
CITY OF GARDENA
CONSULTANT AGREEMENT WITH
TJKM Transportation Consultants
This Agreement is entered into this 10th day of September, 2024, by and between the City of Gardena, a municipal corporation (“City”) and TJKM Transportation Consultants, a CA Corporation (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree, as follows.
1. RECITALS. This Agreement is made and entered into with respect to the following facts:
A. Whereas, City is desirous of obtaining the as-needed professional on-call consultant services in the following category or categories:
• Traffic Engineering
B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to accomplish these services; and
C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement; and
D. Whereas, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
2. TERM OF AGREEMENT. This Agreement shall commence upon execution and shall continue until September 9, 2027 (3-yr term), with an option to extend for one additional two-year at City’s discretion, unless earlier terminated as provided below.
A. Either party may terminate this Agreement, without cause, by giving thirty (30) days written notice to the other party.
B. City may terminate this Agreement for cause by giving thirty (30) days written notice to Consultant. Lack of funding shall be considered cause for terminating this Agreement.
C. Upon termination, Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to City all data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the services under this Agreement, whether completed or in Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with TJKM Transportation Consultants Page 2 progress. Consultant shall be entitled to reasonable compensation for the services it performs up to the date of termination; however, if the Agreement is terminated by City for cause, other than lack of funding, or by Consultant without cause, City shall be entitled to deduct any costs it incurs payment to another consultant for Services, which duplicate Consultant’s Services to date. In the event of termination for other than cause attributable to Consultant, Consultant shall be deemed released for liability for any work assigned but not completed as of the effective date of termination.
3. SERVICES. Consultant agrees to provide the services as specified in the City’s Request for Qualification (“RFQ”), Exhibit A, attached hereto and incorporated herein by this reference (“services”). Unless otherwise specified herein, Consultant shall, at its sole cost and expense, furnish all facilities, equipment and personnel which may be required for providing the Services pursuant to this Agreement.
4. ADDITIONAL SERVICES. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the agreed upon charges therefore as set forth in the written authorization. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.
5. CONSULTANT’S PROPOSAL. This Agreement shall include Consultant’s Response to City’s RFQ, also known as the Statement of Qualifications (SOQ), which is incorporated herein as Exhibit B. In the event of any inconsistency between the terms of the proposal and this Agreement, it shall be resolved by giving precedence in the following order: (a) The Agreement (b) Exhibit A (c) Exhibit B.
6. PERSONNEL. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City. During the term of this Agreement, Consultant shall provide the services specified in the proposal. Such individual(s) shall not be replaced without the prior written consent of City.
7. PERFORMANCE BY CONSULTANT. Consultant shall maintain or exceed the level of competency presently maintained by other similar practitioners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.
8. TIMING OF PERFORMANCE. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with TJKM Transportation Consultants Page 3 and timely pursue and complete the performance of the Services required of it by this Agreement. City, in its sole discretion, may extend the time for performance of any Service.
9. MONITORING OF CONSULTANT. Consultant’s performance of this Agreement shall be continuously monitored by the Public Works Director/City Engineer.
Consultant shall be notified in writing of any deficiency in the performance of this Agreement in a timely manner by the Public Works Director/City Engineer.
Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the Public Works Director/City Engineer. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereunder. Should the Public Works Director/City Engineer determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, City may terminate this Agreement for cause as specified in Section 2 above.
10.COMPENSATION. Consultant shall be compensated as follows:
A. Amount. City shall compensate Consultant for services rendered pursuant to this Agreement at the rate specified in the attached fee schedule set forth in Exhibit B. Consultant’s total compensation shall be based on each proposal the consultant submits and the City accepts for the services requested on a particular project.
B. Invoices and Payment. Payment by City to Consultant shall be made upon receipt and approval of invoices for Services rendered. For payment to be made, Consultant’s invoice must include an itemization as to the services rendered, date(s) of service, direct and/or subcontract costs and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced. City shall review the invoices to determine whether services performed, and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or City shall provide Consultant with a written statement objecting to the charges and stating the reasons therefor.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.
C. Expenses. Consultant shall not be entitled to any additional compensation for expenses.
11.INSURANCE REQUIREMENTS.
A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consultant must have and maintain in place all of the insurance coverages required in this Section. Consultant’s insurance shall Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with TJKM Transportation Consultants Page 4 comply with all items specified by this Agreement. Any subcontractors shall be subject to all the requirements of this Section and Consultant shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.
B. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.
C. Coverages, Limits and Policy Requirements. Consultant shall maintain the types of coverages and limits indicated below:
1. Commercial General Liability Insurance – a policy for occurrence coverage for bodily injury, personal injury and property damage, with coverage at least as broad as Insurance Services Office Form CG 00 01, with no special limitations affecting City. The limit for all coverage under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.
2. Commercial Auto Liability Insurance – a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, including Symbol 1 (any auto) with no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.
3. Worker’s Compensation and Employers Liability Insurance – a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.
4. Professional Errors & Omissions (“E&O”) – a policy with minimum limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. This policy shall be issued by an insurance company which is admitted to do business in the State of California.
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5. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
a. Additional insureds: “The City Gardena and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
b. Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.” c. Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Gardena, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Gardena shall be excess and not contributing with the insurance provided by this policy.” d. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Gardena, its officers, officials, agents, employees, and volunteers. e. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
D. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.
E. Deductibles. Any deductible or self-insured retentions over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or selfinsured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or Consultant shall provide satisfactory financial guarantee for payment of Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with TJKM Transportation Consultants Page 6 losses and related investigations, claim administration and defense expenses.
F. Verification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.
G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.
H. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
12.INDEMNIFICATION. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subconsultants, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subconsultants, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subconsultants under this Agreement, whether or not the Consultant, its employees, and/or authorized subconsultants are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity and defense shall be limited to the extend required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with TJKM Transportation Consultants Page 7 recklessness, or misconduct of Consultant. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
13.COOPERATION. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
14.INDEPENDENT CONTRACTOR. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City 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 City.
Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the 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 paragraph.
15.PERS ELIGIBILITY INDEMNIFICATION. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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16.NON-LIABILITY OF CITY. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.
17.OWNERSHIP OF WORK PRODUCT. All documents or other information created, developed, or received by Consultant shall, for purposes of copyright law, be deemed works made for hire for City by Consultant as City employee(s) for hire and shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination or expiration of this Agreement.
18.CONFIDENTIALITY CLAUSE. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either state or federal (“Confidential Information”). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types of information. Consultant agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Sub-consultants requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City's express written consent or as provided by law. Consultant agrees to release such information or material only to employees or Sub-consultants who have signed a nondisclosure agreement, the terms of which have been previously approved by City. Consultant agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.
"Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses, phone numbers, birth dates, and social security numbers collected, used, or acquired in connection with this Agreement shall be protected against unauthorized use, disclosure, modification or loss.
HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Consultant must comply with all HIPAA requirements and rules when determined applicable by the City. If City determines that (1) City is a "covered entity" under HIPAA, and that (2) Consultant will perform "business associate" services and activities covered under HIPAA, then at City's request, Consultant agrees to execute City's Agreement in compliance with HIPAA.
Consultant shall ensure its directors, officers, employees, Sub-consultants or agents use personal information solely for the purposes of accomplishing the services set forth herein. Consultant and its Sub-consultants agree not to release, divulge, Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with TJKM Transportation Consultants Page 9 publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the City or as otherwise required by law.
Any breach of this provision may result in termination of the Agreement and demand for return of all personal information. Moreover, Consultant will indemnify and hold the City harmless from and against all losses and damages resulting from any unauthorized or improper disclosure, dissemination or use of the information as a result, in whole or in part, of Consultant’s action or inaction.
19.NONUSE OF INTELLECTUAL PROPERTY OF THIRD PARTIES. Contractor shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Contractor has a license. Contractor shall indemnify and hold City harmless against all claims raised against City based upon allegations that Contractor has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Contractor pursuant to this Agreement.
20.WAIVER OR BREACH. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
21.COMPLIANCE WITH LAWS. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
22.CONFLICT OF INTEREST AND REPORTING. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2.24.020H and 2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Agreement.
23.NON-DISCRIMINATION. Consultant covenants there shall be no discrimination Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with TJKM Transportation Consultants Page 10 based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in activity pursuant to this Agreement.
24.FORCE MAJEURE. Consultant shall not be in default for failing to perform in accordance with the terms of this Agreement if such failure arises out of causes beyond the control and without the fault or negligence of Consultant.
25. ASSIGNMENT. Consultant shall not assign or subcontract any of its obligations pursuant to this Agreement, nor any part thereof, except for any monies due the Consultant, without the prior written consent of City. Such consent by City shall not be unreasonably withheld. Consultant shall be fully responsible to City for all work performed by assignees or subcontractors.
26. NOTICES. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be in writing and shall be given by personal service upon the party to be notified, or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed to the party to be notified as follows:
To City: City of Gardena
1700 West 162nd Street
Gardena, California 90247
Attn: Allan Rigg
Director of Public Works/City Engineer
To Consultant: TJKM Transportation Consultants
4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588
Attn: Ruta Jariwala
Vice President
Notices shall be deemed to have been served upon the date of personal service or three (3) working days after the same has been deposited in the United States Postal Service.
27.LICENSED STATUS. Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a City Business License.
28.FAMILIARITY WITH WORK. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should Consultant discover any conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City and shall not proceed, except at Consultant’s own risk, until written instructions are received from City.
29.PUBLIC RECORD ACT DISCLOSURE. Consultant has been advised and is aware Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with TJKM Transportation Consultants Page 11 that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
30.MAINTENANCE OF RECORDS. Consultant shall maintain for a minimum of three (3) years from the completion date of the Services under this Agreement, the following records:
A. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assume proper accounting for all funds;
B. Records which establish that Consultant and all subcontractors who render Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations; C. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.
D. The aforementioned records shall be made available to City or any authorized representative thereof upon request for audit.
31.BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
32.GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branch of the Los Angeles County Municipal or Superior Court.
33.SECTION HEADINGS. The Section headings used in this Agreement are for reference purposes only and shall have no binding effect.
34.AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.
35.ATTORNEY’S FEES. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with TJKM Transportation Consultants Page 12 attorney’s fees and court costs from the opposing party.
36.PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreement. No provision of this Agreement or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.
37.SEVERABILITY. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
38.ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an original. All counterparts, taken together, constitute the executed Agreement. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
39.ELECTRONIC SIGNATURE. The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Agreement and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Agreement had been delivered and had been signed using a handwritten signature. City and Consultant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will reply on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.
Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with TJKM Transportation Consultants Page 13 IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first hereinabove set forth.
CITY OF GARDENA CONSULTANT – TJKM Transportation
Consultants
________________________________ _________________________________ Tasha Cerda, Mayor Name
ATTEST:
Sign:_____________________________
Title:
________________________________
Mina Semenza, City Clerk _________________________________ Name
APPROVED AS TO FORM:
Sign:_____________________________
Title:
Carmen Vasquez, City Attorney
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RUTA JARIWALA
Secretary
Vice President
RUTA JARIWALA
Exhibit A
Request for Qualifications (RFQ)
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CITY OF GARDENA
PUBLIC WORKS DEPARTMENT
REQUEST FOR QUALIFICATIONS (RFQ)
FOR
GENERAL CIVIL ENGINEERING DESIGN, CONSTRUCTION
MANAGEMENT & INSPCTION, TRAFFIC ENGINEERING,
ARCHITECTURE AND LANDSCAPE ARCHITECTURE,
GEOTECHNICAL ENGINEERING/GEOLOGY AND MATERIAL
TESTING, AND STAFF AUGMENTATION
ON‐CALL PROFESSIONAL SERVICES:
MAY 2024
Memoranda:
Qualifications Due: Thursday, June 13, 2024, 2:00 p.m. PST.
City of Gardena Public Works Department: (310) 217‐9568 Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A
TABLE OF CONTENTS
SECTION I NOTICE OF REQUEST FOR QUALIFICATIONS…………………….…………………….. 1 SECTION II SCOPE OF SERVICES/SCOPE OF WORK………………………………….………………… 3 SECTION III SUBMITTAL REQUIREMENTS…………………………………………………….……………. 7 SECTION IV FEE SCHEDULE………………………………………………………………………..…..…………. 8 SECTION V SELECTION/EVALUATION CRITERIA…………………………………………….………….. 8 SECTION VI GENERAL CONDITIONS……………………………………………………………..……….….. 9 SECTION VII AGREEMENT AND INSURANCE……………………………………………………......….... 9 SECTION VIII APPENDIX “A” Gardena Standard Professional Services Agreement…………….……………… 10 Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A 1 | Page
SECTION I
NOTICE OF REQUEST FOR QUALIFICATIONS
On-Call Professional Engineering, Architecture, and/or Landscape Architecture Services NOTICE IS HEREBY GIVEN that the City of Gardena is requesting Statements of Qualifications (SOQ) from professional engineering, architecture, and/or landscape architecture consulting firms to provide on-call services related to our Public Works Capital Improvement Program and General Engineering. The work will be assigned on an as-needed basis for various projects in the City.
The Request for Qualifications (RFQ) provides information on the City of Gardena, the required scope of services, the consultant selection process, and the minimum information that must be included in the RFQ response. Proposals will be evaluated based on the overall best value to the City, considering factors such as quality, service, price, and any other criteria outlined herein, including but not limited to, the proposer's ability to meet the requirements, qualifications, and competencies set forth in the RFQ.
The Request for Qualifications (RFQ) can be obtained at http://www.cityofgardena.org/rfps/ Questions regarding this RFQ shall be directed to Kevin Kwak at (310) 217-9643 or [email protected].
BACKGROUND
The City of Gardena is located in the South Bay region of Los Angeles County, California, and was incorporated on September 11, 1930, as a general law city. It operates under the Council-Manager form of government. The population is approximately 62,000, occupying approximately six (6) square miles. It is primarily built-out, with a few remaining undeveloped parcels and a 9.4-acre wetland preserve, Gardena Willows Wetland Preserve. Gardena is bordered by the cities of Torrance, Hawthorne, Carson, Los Angeles (L.A.), and the County of Los Angeles, including their unincorporated areas.
The Gardena roadways are divided into three (3) major street classifications: Arterial (26.8 Centerline miles), Collector (28.7 centerline miles), and Local (57.5 centerline miles). Combined, the entire network consists of 113 centerline miles of streets with a weighted average PCI of 81.
The existing city-owned wastewater collection system comprises approximately 89 miles of gravity collection system pipes ranging from 6 to 12 inches, approximately 2,080 manholes, and one lift station and its associated force main. The collection system pipes within the City discharge to the LACSD interceptor at over 100 locations.
The existing stormwater collection system consists of approximately 29 miles of gravity pipe system (City SD = 12 miles & LA County SD = 17 miles) and 795 total catch basins (City CB = 216 & LA County CB = 579).
The collection system pipes within the City primarily discharge to the Dominguez Channel.
Lastly, note that Gardena’s water system is operated and maintained by Golden State Water.
The City has six (6) parks with community buildings, two gymnasiums, and a parkette. Additionally, the Gardena Wetland Preserve is situated next to Johnson Park. The City is currently constructing a new pool and senior center community center. Furthermore, the newly acquired Chase Bank Building on Rosecrans Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A 2 | Page
Boulevard is slated to become a new Community Center, and Mas Fukai Park is in the construction document phase for improvements.
SUBMITTAL DEADLINE
Complete proposal/Statement of Qualification must be submitted no later than Thursday, June 13, 2024, at 2:00 p.m. PST. Three (3) hard copies and one complete PDF copy (on CD or memory stick) shall be address to:
City of Gardena
Public Works Department
1717 West 162nd Street
Gardena, CA 90247-3778
Attn: Kevin Kwak, Assistant Public Works Director
The City currently anticipates conducting the selection process according to the following schedule, which is subject to revision. The City reserves the right to modify the schedule as needed.
May 9, 2024 RFQ Released
June 3, 2024 RFI Deadline
June 13, 2024 Proposal/SOQ Deadline
July 9, 2024 Staff Short List Selection
July 23, 2024 City Council Review/Approval
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SECTION II
SCOPE OF SERVICES/SCOPE OF WORK
The City of Gardena would like the selected firms to provide professional on-call engineering, architecture, and/or landscape architecture services (including Construction Documents, PS&E, technical memoranda, research studies, plan checks, testing, etc.) for City projects to support the Public Works Department. The City intends to select between three and five (3-5) consultants for each respective service category, with the exception of only one or two consultants for Geotechnical Engineering/Geology/Material testing.
However, the actual number of consultants selected may be subject to change based on the number of responses and qualifications.
The award agreements are to provide on-call services for a period of three (3) years. The agreements may be renewed at the City’s discretion for up to two (2) additional years, subject to satisfactory performance during the initial three-year term. The initial three-year term is anticipated to commence in September 2024 and end in September 2027. The City encourages firms to submit qualifications for any or all parts of the key services listed below to be eligible for placement on the qualified on-call/as-needed list for each service category separately.
At the City’s discretion, selected firms will be assigned projects based on their qualifications in relation to the project(s) scope of work, or requested to submit a proposal, on an as-needed basis for various projects in the city. The City does not guarantee that successful firms will be provided with any projects.
MINIMUM QUALIFICATIONS
Only those consultants with verifiable experience related to the services requested in this solicitation will be considered during the evaluation process. Consultant staff assigned to execute the scope of services must have relevant experience in providing the necessary services as described in the scope. All personnel assigned to the work must possess appropriate certification or registration as required by state and local agencies.
SCOPE OF WORK
Selected firms will report to and operate under the direction of the City of Gardena Public Works staff to provide professional engineering, architecture, and/or landscape architecture services to the City. In general, the selected consultants will be expected to provide services and staffing for the following categories:
• General Civil Engineering Design
• Construction Management and Inspection
• Traffic Engineering
• Architecture and Landscape Architecture
• Geotechnical Engineering, Geology and Material Testing • Staff Augmentation
Consultants may submit qualifications for one or more of the service categories requested; however, separate proposals and letter of transmittals must be submitted for each category.
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GENERAL CIVIL ENGINEERING DESIGN
Provide complete design services for Capital Improvement Program projects. Example services include, but not limited to:
• Plan preparation for street improvements, repair, rehabilitation, or other related street improvements.
• Plan preparation for storm drain and sewer improvements, upgrades, modifications, extensions, repair, or rehabilitation.
• Preparation of hydrology and hydraulic analysis and reports. • Preparation of WQMP’s, SWPPP’s or related NDPES documents/reports. • Geotechnic engineering and material testing as needed. • Preparation of project technical provisions.
• Preparation of detailed cost estimates.
• Perform mapping and prepare legal descriptions for right of way acquisitions, easements, etc. • Provide design and construction surveys.
• Provide construction assistance.
• Coordination with, and approvals from other permitting agencies and utility companies.
CONSTRUCTION MANAGEMENT AND INSPECTION
Provide complete construction management and inspection services for CIP, including park renovations, and facility construction/ modifications/ modernizations. Including, but not limited to:
• Coordinate and lead project construction meetings.
• Lead all meetings during the construction from pre-construction to final closeout. • Provide and maintain project files/documents per City template. • Provide and supervise construction observations/inspections for CIP projects such as streets, sewer, storm drain, parks and facilities.
• Provide construction inspection services in grading, street improvements, drainage, SWPPP/erosion control, paving, sewer, water, and franchise utilities. • Provide public contract administration (i.e. CCO, Daily logs/report, Weekley Statements, Notices, labor compliance/enforcement).
• Provide utility company coordination.
• Provide labor compliance/enforcement as needed.
• Assure contractor to maintain a set of as-built plans. • Schedule the final walk-through inspections and prepare a “punch-list”. • Collect and review the Certified Payrolls as needed.
• Assume contractor to obtain all necessary permits.
• Provide constructability review, quantity take-off and cost estimates as needed.
TRAFFIC ENGINEERING
Provide traffic design engineering and/or study/analysis services for signal and signing, striping, grant writing, and all related services, including but not limited to:
• Improvements associated with traffic signal design.
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• Preparation of signing, striping, signal modifications, detour, and traffic control design • Preparation of special traffic studies
• Conducting signal synchronization studies (before and after synchronization travel time), utilizing HCM method for LOS, as well as Los Angeles County standards.
ARCHITECTURE AND/OR LANDSCAPE ARCHITECTURE
Provide architecture and/or landscape architecture professionally services for public facilities. Including, but not limited to:
• Provide conceptual design, master plan, feasibilities study and envelope evaluations. • Renovation and/or expansion of existing public facilities. • Preparation of landscape/planting plans and irrigation. • Parking lot and hardscapes improvements.
• Playground layout and play structure design/upgrade.
• Preparation of project special provisions and technical specifications • Provide cost estimates.
• Provide constructability review and construction support.
GEOTECHNICAL ENGINEERING, GEOLOGY AND MATERIAL TESTING
Provide complete design, construction, or assistance services for City improvement projects and/or investigations. Services include, but are not limited to:
• Complete soils investigation and preparation of Geotechnical Engineering reports and studies, such as pavement design, grading requirements, retaining wall parameters, slope stability analysis, sinkhole/voids investigation and analysis, etc. • Laboratory work related to all aspects of Geotechnical Engineering. • Provide construction inspection for items such as asphalt concrete, aggregate base, and concrete placement during construction, grading excavation, and backfill. • Provide testing services such as field compaction and laboratory testing of soils, aggregates, asphalt, and concrete.
STAFF AUGMENTATION SERVICES (Firms may submit only for positions or service they provide.) Provide qualified and available personnel to provide professional staff augmentation services and/or backfill various positions and classifications within the Engineering Division on short notice. Positions include but are not limited to: Engineer(s), Permit Technician(s), and Inspector(s) and perform duties as an “Acting” City representative. Positions may require personnel reporting to City offices.
Immediately the City plans to augment one (1) Associate, Civil, or Senior Civil Engineer based on the qualification and best fit for the City. Other categories of augmentation services are not currently needed, however will be requested as needed.
Sample duties include, but not limited to:
• Engineer(s) general requirements (Identify an Engineer with resume and proposed classification; Associate, Civil, or Senior Civil Engineer) - Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A 6 | Page
o Able to work minimum 20 hours per week or more. The City is open to accepting fulltime services as well. o Perform mathematical computations and estimates.
o Simultaneously handle several tasks and continue to reestablish priorities. o Communicate clearly and concisely with others, orally and in writing. o Ability to establish and maintain effective team relationships with all internal and external customers.
o Able to operate Microsoft Office and AutoCAD.
o Able to perform in indoor and outdoor environments with exposure to the elements. o May be required to pass a security/background check and a drug test prior before providing any services to the City.
o Must maintain a valid California Drive License.
o You may be required to work more than 40 hours a week and/or work irregular hours, particularly during emergency situations.
o Typical working hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. or 9/80 schedule from 7:30 a.m. to 5:30 p.m.
o Civil and Senior Engineer positions require a California Professional Civil Engineering license.
o May be required to arrange for the City to interview a candidate, at the Consultant’s expense, for a period of up to one (1) hour.
Typical Responsibilities – The staff will be under general direction of Engineering Division Manager, performing and overseeing various CIP projects from preliminary design to final construction. Examples of duties and responsibilities are as follow:
o Prepares RFP/RFQ for design and Construction Management and Inspection (CMI) services.
o Prepares and/or oversees design Plans, Specifications, & Estimates (PS&E). o Prepares and leads project bid processing, writes council agenda report, and executes contract.
o Oversees CMI services.
o Prepares Caltrans required submittals and coordinates review process (i.e. PES, E76 o and Contract award packages).
o Performs minor drafting, computing, and checking field operations as related to the layout and construction of pavement, curbs, gutters, sidewalk, traffic, utilities and other CIP.
o Performs LA Metro required project reporting, reimbursement process, etc. o Interprets and applies GREENBOOK, Caltrans Standards, City Standards, and other laws and regulations relating to CIP projects.
• Provide Permit Technicians to assist public at Engineering public counter (Not required to identify personnel at this time).
• Provide Construction Inspection services (Not required to identify personnel at this time), such as:
o CIP projects such as street rehabilitation; sewer or storm drain improvements, facility modifications and improvements; park rehabilitation and improvements. o Private development including paving, utilities, sewer, storm drains, paving, etc. o Repairs and improvements by private utility companies.
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SECTION III
SUBMITTAL REQUIREMENTS
The Proposal package shall be organized and presented in a neat and logical format relevant to the services requested. Submittals shall be clear, accurate, concise, and comprehensive. There is no page limitation, however, excessive, or irrelevant material will not be favorably received.
The Proposal should be in the order below and include the following:
• Cover
• Cover Letter
o Clearly indicate the on-call service category.
o Express why Consultant is interested in the RFQ.
o Include contact information for the person responsible for the Proposal and who will be the point of contract for the City.
o Include any unique attributes or distinguishing characteristics which would be of value to the City.
o State if any addendums have been received and include in the Proposal. o Statement regarding acceptance of Agreement and insurance requirements. o Letter shall be signed by an officer of the firm who is authorized to bind the firm to the contract. Include a statement to this effect.
• Firm Qualifications and Experience
o Describe firm’s background and experience.
o Describe your firm’s strengths.
o State how your firm produces deliverables free of errors and how you will address erros if they occur.
o Include experience and technical competence of subconsultants. o Familiarity of regional grants/competitive funds (SBCCOG & LA Metro) • Key Personnel and Experience
o Experience and history performing directly for local agencies within the last five years. o Include subconsultants if any.
• Organization Chart
• Similar Projects/Services
o Brief description of the project scope, personnel involved and their roles, plus agency and contact information of agency Project Manager/Engineer. o Projects that the firm was the prime consultant and responsible for management of any subconsultants.
• References
o Current contact information related to projects completed within the last five years. • Fee Schedule
• Resumes
Note: All licensed professionals in 'responsible charge' working on City projects (Engineers, Architects, Landscape Architects, and/or Surveyors) are required to disclose all disciplinary actions against them, including any future actions. Please provide a copy of any disciplinary actions with the proposal submission. Additionally, provide a statement if there are no disciplinary actions.
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SECTION IV
FEE SCHEDULE
A fee schedule should be included in the Proposal. This schedule should comprise a comprehensive list of positions and labor rates for all services provided by the prime consultant and all subconsultants. Rates should cover all necessary resources, including labor, equipment, materials, incidental reports, transportation, etc. Any percentage markup of subconsultant invoices shall be specified.
The fee schedule should remain fixed throughout the initial term of the Agreement unless formally amended by the City Council. Adjustment of the fee schedule can be negotiated if the City renews the Agreement.
The City is subject to prevailing wage laws, which apply to professional service providers and their subconsultants for whom the Department of Industrial Relations has established a wage determination.
This includes, but is not limited to, Field Soils Materials Testers, Operating Engineers, Surveyors, and Building/Construction and Specialty Inspectors.
Prevailing wage requirements apply when a Consultant and/or Consultant Team is awarded a contract for a specific project, which is designated by the issuance of a City Purchase Order.
SECTION V
SELECTION/EVALUATION CRITERIA
The Proposals will be evaluated by City of Gardena Public Works Department staff. The evaluation criteria will include:
• Presentation, completeness, clarity, organization, and conformance to the RFQ content. • Project Manager’s experience related to the City’s requirements and needs. • Familiarity/Experience related to the South Bay Cities Council of Governments (SBCCOG), Los Angeles County Metropolitan Transportation Authority (Metro), and Caltrans project programs, funding opportunities, grant writing, and their requirements. • Qualifications and resumes of staff members, subconsultants, and organization chart. • Similarity of the firm’s referenced projects completed within the last five years to the City’s expected projects.
• Availability and depth of staff and resources to deliver quality products on schedule, including work on short notice and under time constraints.
• References.
• Fee schedule.
During the evaluation period, the City may conduct negotiations with the most qualified consultants.
However, consultants should note that an award may be made without negotiations or discussions.
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SECTION VI
GENERAL CONDITIONS
By submitting a Proposal, the Consultant represents that they have thoroughly examined and become familiar with the requirements of this RFQ and are capable of performing quality work to achieve the objectives of the City.
The City reserves the right to withdraw the RFQ at any time without prior notice. The City makes no representations that any Agreement will be awarded to any Consultant responding to this RFQ. The City reserves the right to extend the deadline for Proposals, postpone reviewing the Proposals for its own convenience, reject any and all Proposals without indicating any reasons for such rejections, and negotiate with any qualified consultant. The City does not guarantee that successful firms will be provided with any projects.
The successful consultant(s) and sub-consultants are required to obtain and maintain a City of Gardena business license and insurance. The license and insurance shall be maintained for the duration of the Agreement. A current business license is not a prerequisite for submittal of the qualifications.
The City is not liable for any costs incurred by the Proposers before entering into a formal agreement.
Costs for developing the Proposal or any other such expenses incurred by the Proposer in responding to this RFQ and entirely the responsibility of the Proposer and shall not be reimbursed by the City.
The City is not responsible for Proposals which are delinquent, lost, incorrectly marked, sent to the wrong address, or sent by mail or courier service and not signed for by the City.
SECTION VII
AGREEMENT AND INSURANCE
The City’s standard Professional Services Agreement is included in Appendix A. The Consultant will be expected to enter into the Agreement without substantive changes. Any changes will require approval by the City Attorney. If there are any exceptions or if there are no exceptions, a statement to the effect shall be included in the proposal as well.
The City’s standard insurance requirements are included as part of the standard Professional Services Agreement included in Appendix A. The consultant shall procure and maintain throughout the duration of this Agreement.
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SECTION VIII
APPENDIX “A”
Gardena Standard Professional Services Agreement
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CITY OF GARDENA
CONSULTANT AGREEMENT WITH XYZ
This Agreement is entered into this day of , 2024,
by and between the City of Gardena, a municipal corporation (“City”) and XYZ, a [state] [type of entity] (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree, as follows.
1. RECITALS. This Agreement is made and entered into with respect to the following facts:
A. Whereas, City is desirous of obtaining the as-needed professional on-call consultant services in the following category or categories:
• General Civil Engineering Design
• Construction Management and Inspection
• Traffic Engineering
• Architecture and Landscape Architecture
• Geotechnical Engineering, Geology and Material Testing • Staff Augmentation
B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to accomplish these services; and
C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement; and
D. Whereas, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
2. TERM OF AGREEMENT. This Agreement shall commence upon execution and shall continue until completion, unless earlier terminated as provided below.
A. Either party may terminate this Agreement, without cause, by giving thirty (30) days written notice to the other party.
B. City may terminate this Agreement for cause by giving thirty (30) days written notice to Consultant. Lack of funding shall be considered cause for terminating this Agreement.
C. Upon termination, Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to City Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with XYZ Page 2
all data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the services under this Agreement, whether completed or in progress. Consultant shall be entitled to reasonable compensation for the services it performs up to the date of termination; however, if the Agreement is terminated by City for cause, other than lack of funding, or by Consultant without cause, City shall be entitled to deduct any costs it incurs payment to another consultant for Services, which duplicate Consultant’s Services to date. In the event of termination for other than cause attributable to Consultant, Consultant shall be deemed released for liability for any work assigned but not completed as of the effective date of termination.
3. SERVICES. Consultant agrees to provide the services as specified in the City’s Request for Proposal (RFP), Exhibit A, attached hereto and incorporated herein by this reference (“services”). Unless otherwise specified herein, Consultant shall, at its sole cost and expense, furnish all facilities, equipment and personnel which may be required for providing the Services pursuant to this Agreement.
4. ADDITIONAL SERVICES. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the agreed upon charges therefore as set forth in the written authorization. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.
5. CONSULTANT’S PROPOSAL. This Agreement shall include Consultant’s proposal or bid to City’s RFP, which is incorporated herein as Exhibit B. In the event of any inconsistency between the terms of the proposal and this Agreement, it shall be resolved by giving precedence in the following order: (a) The Agreement (b) The Request for Proposal (Exhibit A) (c) The Consultant Proposal or Bid (Exhibit B).
6. PERSONNEL. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City. During the term of this Agreement, Consultant shall provide the services specified in the proposal. Such individual(s) shall not be replaced without the prior written consent of City.
7. PERFORMANCE BY CONSULTANT. Consultant shall maintain or exceed the level of competency presently maintained by other similar practitioners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.
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8. TIMING OF PERFORMANCE. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently and timely pursue and complete the performance of the Services required of it by this Agreement. City, in its sole discretion, may extend the time for performance of any Service.
9. MONITORING OF CONSULTANT. Consultant’s performance of this Agreement shall be continuously monitored by the Public Works Director/City Engineer.
Consultant shall be notified in writing of any deficiency in the performance of this Agreement in a timely manner by the Public Works Director/City Engineer.
Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the Public Works Director/City Engineer. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereunder. Should the Public Works Director/City Engineer determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, City may terminate this Agreement for cause as specified in Section 2 above.
10.COMPENSATION. Consultant shall be compensated as follows:
A. Amount. City shall compensate Consultant for services rendered pursuant to this Agreement at the rate specified in the attached fee proposal hereto and incorporated herein by reference. In no event shall compensation under this Agreement exceed _____________and 00/00 ($###.##) without the prior written authorization of the City Council.
B. Invoices and Payment. Payment by City to Consultant shall be made upon receipt and approval of invoices for Services rendered. For payment to be made, Consultant’s invoice must include an itemization as to the services rendered, date(s) of service, direct and/or subcontract costs and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced. City shall review the invoices to determine whether services performed, and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or City shall provide Consultant with a written statement objecting to the charges and stating the reasons therefor.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.
C. Expenses. Consultant shall not be entitled to any additional compensation for expenses.
11.INSURANCE REQUIREMENTS.
A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with XYZ Page 4
extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consultant must have and maintain in place all of the insurance coverages required in this Section. Consultant’s insurance shall comply with all items specified by this Agreement. Any subcontractors shall be subject to all the requirements of this Section and Consultant shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.
B. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.
C. Coverages, Limits and Policy Requirements. Consultant shall maintain the types of coverages and limits indicated below:
1. Commercial General Liability Insurance – a policy for occurrence coverage for bodily injury, personal injury and property damage, with coverage at least as broad as Insurance Services Office Form CG 00 01, with no special limitations affecting City. The limit for all coverage under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.
2. Commercial Auto Liability Insurance – a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, including Symbol 1 (any auto) with no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.
3. Worker’s Compensation and Employers Liability Insurance – a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.
4. Professional Errors & Omissions (“E&O”) – a policy with minimum limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. This policy Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with XYZ Page 5
shall be issued by an insurance company which is admitted to do business in the State of California.
5. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
a. Additional insureds: “The City Gardena and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
b. Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.” c. Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Gardena, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Gardena shall be excess and not contributing with the insurance provided by this policy.” d. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Gardena, its officers, officials, agents, employees, and volunteers. e. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
D. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.
E. Deductibles. Any deductible or self-insured retentions over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or selfDocusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with XYZ Page 6
insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or Consultant shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense expenses.
F. Verification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.
G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.
H. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
12.INDEMNIFICATION. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subconsultants, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subconsultants, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subconsultants under this Agreement, whether or not the Consultant, its employees, and/or authorized subconsultants are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, to Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with XYZ Page 7
the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity and defense shall be limited to the extend required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or misconduct of Consultant. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
13.COOPERATION. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
14.INDEPENDENT CONTRACTOR. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City 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 City.
Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the 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 paragraph.
15.PERS ELIGIBILITY INDEMNIFICATION. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with XYZ Page 8
paid by City for employer contribution and/or employee contributions for PERS benefits.
16.NON-LIABILITY OF CITY. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.
17.OWNERSHIP OF WORK PRODUCT. All documents or other information created, developed, or received by Consultant shall, for purposes of copyright law, be deemed works made for hire for City by Consultant as City employee(s) for hire and shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination or expiration of this Agreement.
18.CONFIDENTIALITY CLAUSE. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either state or federal (“Confidential Information”). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types of information. Consultant agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Sub-consultants requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City's express written consent or as provided by law. Consultant agrees to release such information or material only to employees or Sub-consultants who have signed a nondisclosure agreement, the terms of which have been previously approved by City. Consultant agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.
"Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses, phone numbers, birth dates, and social security numbers collected, used, or acquired in connection with this Agreement shall be protected against unauthorized use, disclosure, modification or loss.
HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Consultant must comply with all HIPAA requirements and rules when determined applicable by the City. If City determines that (1) City is a "covered entity" under HIPAA, and that (2) Consultant will perform "business associate" services and activities covered under HIPAA, then at City's request, Consultant agrees to execute City's Agreement in compliance with HIPAA.
Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with XYZ Page 9
Consultant shall ensure its directors, officers, employees, Sub-consultants or agents use personal information solely for the purposes of accomplishing the services set forth herein. Consultant and its Sub-consultants agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the City or as otherwise required by law.
Any breach of this provision may result in termination of the Agreement and demand for return of all personal information. Moreover, Consultant will indemnify and hold the City harmless from and against all losses and damages resulting from any unauthorized or improper disclosure, dissemination or use of the information as a result, in whole or in part, of Consultant’s action or inaction.
19.NONUSE OF INTELLECTUAL PROPERTY OF THIRD PARTIES. Contractor shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Contractor has a license. Contractor shall indemnify and hold City harmless against all claims raised against City based upon allegations that Contractor has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Contractor pursuant to this Agreement.
20.WAIVER OR BREACH. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
21.COMPLIANCE WITH LAWS. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
22.CONFLICT OF INTEREST AND REPORTING. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2.24.020H and 2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with XYZ Page 10
Agreement.
23.NON-DISCRIMINATION. Consultant covenants there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in activity pursuant to this Agreement.
24.FORCE MAJEURE. Consultant shall not be in default for failing to perform in accordance with the terms of this Agreement if such failure arises out of causes beyond the control and without the fault or negligence of Consultant.
25. ASSIGNMENT. Consultant shall not assign or subcontract any of its obligations pursuant to this Agreement, nor any part thereof, except for any monies due the Consultant, without the prior written consent of City. Such consent by City shall not be unreasonably withheld. Consultant shall be fully responsible to City for all work performed by assignees or subcontractors.
26. NOTICES. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be in writing and shall be given by personal service upon the party to be notified, or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed to the party to be notified as follows:
To City: City of Gardena
1700 West 162nd Street
Gardena, California 90247
Attn: Allan Rigg
Director of Public Works
To Consultant: XYZ
Address
XXXX, CA #####
Attn: Name
Tittle
Notices shall be deemed to have been served upon the date of personal service or three (3) working days after the same has been deposited in the United States Postal Service.
27.LICENSED STATUS. Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a City Business License.
28.FAMILIARITY WITH WORK. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should Consultant discover any conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City and shall not proceed, except at Consultant’s Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with XYZ Page 11
own risk, until written instructions are received from City.
29.PUBLIC RECORD ACT DISCLOSURE. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
30.MAINTENANCE OF RECORDS. Consultant shall maintain for a minimum of three (3) years from the completion date of the Services under this Agreement, the following records:
A. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assume proper accounting for all funds;
B. Records which establish that Consultant and all subcontractors who render Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations; C. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.
D. The aforementioned records shall be made available to City or any authorized representative thereof upon request for audit.
31.BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
32.GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branch of the Los Angeles County Municipal or Superior Court.
33.SECTION HEADINGS. The Section headings used in this Agreement are for reference purposes only and shall have no binding effect.
34.AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.
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35.ATTORNEY’S FEES. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover attorney’s fees and court costs from the opposing party.
36.PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreement. No provision of this Agreement or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.
37.SEVERABILITY. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
38.ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an original. All counterparts, taken together, constitute the executed Agreement. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
39.ELECTRONIC SIGNATURE. The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Agreement and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Agreement had been delivered and had been signed using a handwritten signature. City and Consultant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will reply on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Consultant Agreement with XYZ Page 13
other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first hereinabove set forth.
CITY OF GARDENA CONSULTANT – XYZ
________________________________ _________________________________ Tasha Cerda, Mayor Name
ATTEST:
Sign:_____________________________
Title:
________________________________
Mina Semenza, City Clerk _________________________________ Name
APPROVED AS TO FORM:
Sign:_____________________________
Title:
Carmen Vasquez, City Attorney
Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A 2024 City of Gardena RFQ On-Call Professional Services
JUNE 4, 2024
RFQ FOR ON-CALL PROFESSIONAL SERVICES
ADDENDUM 01
TO: ALL RFQ HOLDERS
ADDENDUM NO. 1, AS DESCRIBED BELOW, IS FOR THE USE OF CONSULTANTS SUBMITTING THE STATEMENT OF QUALIFICATIONS OR RESPONSES TO THE CITY’S REQUEST FOR QUALIFICATIONS. ALL
CONSULTANTS SHALL INDICATE ON THE STATEMENT/PROPOSAL COVER LETTER THAT THEY HAVE RECEIVED THIS ADDENDUM NO. 1.
QUESTIONS & RESPONSES:
1. In regard to the subject RFQ Scope of Work for General Civil Engineering Design as shown on page 4, can you please confirm if the City would like us to include Geotechnical services as part of the Civil component as stated, since there is also a separate RFQ category for Geotechnical service on page 5? No, please submit a separate statement of qualifications if your firm is interested in providing services in the category of Geotechnical Engineering, Geology, and Material Testing. This category is intended for direct geotechnical services for the City. For General Civil Engineering Design, it is expected that the lead consultant will team up with your desired geotechnical consultant or your own qualified staff as needed to provide complete PS&E construction documents.
2. Can firms be both a prime consultant and a sub-consultant to another team in the same or different service category?
Yes, firms can be both.
3. Will the City allow the usage of the City’s logo in the proposal materials? Yes, the City will allow the usage of the logo.
4. Can you specify how “Associate, Civil, and Senior Civil” Engineers are classified? Is it based on number of years of experience or other criteria?
You may reference the City of Gardena’s job specifications as your minimum guideline:
https://www.governmentjobs.com/careers/cityofgardena/classspecs. The specifications for the Senior Civil Engineer position have not been developed. Therefore, assume that the job responsibilities are similar to those of a Civil Engineer, but require a minimum of 8 years of experience, including managerial experience. As mentioned, these specifications are minimal guidelines and consultants are encouraged to propose additional qualifications or experience to provide a competitive proposal.
Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A 2024 City of Gardena RFQ On-Call Professional Services
5. Can you please confirm if firms are able to just submit a proposal for the geotechnical engineering/geology and material testing services or require having a team with a construction management company in order to pursue this?
Yes, you may just submit a proposal/statement for the geotechnical/geology and material services.
6. Do you anticipate consultants to support and prepare grant applications? The City may request services under General Civil Engineering, Traffic Engineering, Architecture and/or Landscape Architecture as applicable.
7. You are requesting references in the Similar Projects/Services and the References sections. Can you please clarify what information you would like in each section since both sections are asking for client contact information?
The information can overlap; however, Similar Projects/Services should identify specific projects with scope descriptions, key personnel and their roles, project dates, etc., as mentioned in the RFQ. The Reference Section should identify the current contact agency, person, phone number, and email so the reviewer can perform the reference check if necessary.
END OF ADDENDUM 01
Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Exhibit B
Statement of Qualifications (SOQ)
Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Statement of Qualifications for
General Civil Engineering Design,
Construction Management & Inspection,
Traffic Engineering, Architecture & Landscape Architecture, Geotechnical Engineering/Geology & Material Testing, and Staff Augmentation On-Call Professional Services
TRAFFIC ENGINEERING CATEGORY June 13, 2024
Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com
June 13, 2024
City of Gardena
Public Works Department
1717 West 162nd Street
Gardena, CA 90247
Attn: Kevin Kwak, Assistant Public Works Director
Subject: Statement of Qualifications for General Civil Engineering Design, Construction Management & Inspection, Traffic Engineering, Architecture and Landscape Architecture, Geotechnical Engineering/Geology and Material Testing, and Staff Augmentation On‐Call Professional Services, Traffic Engineering Category
Dear Mr. Kwak:
TJKM Transportation Consultants (TJKM) is pleased to submit our Statement of Qualifications for Professional Consultant Services for General Civil Engineering Design, Construction Management and Inspection, Traffic Engineering, Architecture and Landscape Architecture, Geotechnical Engineering/Geology and Material Testing, and Staff Augmentation On‐Call Professional Services. TJKM is submitting on the Traffic Engineering Category for the City of Gardena.
Founded in 1974, TJKM is a transportation planning, traffic operations, and engineering firm providing services throughout California, Florida, and Texas. Our projects range in size from short-term engagements developing meaningful safe mobility solutions for a wide range of transportation issues to long-term planning for new developments, communities, and transportation systems. TJKM has been involved in more than 8,000 transportation projects and averages over 240 new projects each year. The TJKM Team brings professional knowledge and experience to the City and is ready to “hit the ground running”. TJKM has contracts with the following agencies in Southern California:
• City of Thousand Oaks On-Call Professional Services
• City of Beverly Hills As-Needed Traffic Consulting Services • City of Anaheim On-Call Traffic Engineering and Transportation Planning Services • City of Coachella On-Call Engineering Services
• City of Oxnard Engineering Multi-Year Professional Services for Traffic Engineering • City of Lancaster Multi-Year Professional Services for Traffic Engineering • City of Palm Desert On-Call Consultant Services
• City of Santa Paula On-Call Services
• City of Yorba Linda On-Call Consultant Services
• City of West Hollywood On-Call Services
• Southern California Association of Governments On-Call Services Transportation/Mobility Planning and Analysis Docusign Envelope ID: 48DB658D-9487-46E2-ACB5-EA42375B506A Mr. Kwak
June 13, 2024