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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 5
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”)Liability Insurance – a policy with minimum limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence claim 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&OProfessional liability insurance during the life of this Agreement and for three years after Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 6
completion of the work hereunder. This policy
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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
endorsementscertificates of insurance to the policies:
a. Additional insureds (applicable to commercial general and automobile liability policies only): “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 to no longer meet the requirements of this Agreement, until thirty (30) days after written notice is given to City.”
c. Other insurance (applicable to commercial general and automobile liability policies only): “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.
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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 selfCommented [JV1]: It is customary for a firm of our size to have a professional liability insurance deductible
larger than $25k.
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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 which may be redacted at the Consultant’s or the Consultant’s insurers’ discretion to protect confidential or proprietary elements of the policies.
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 to the extent caused by and and volunteers arising out of the negligent acts, errors or omissions in 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.
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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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 11
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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 12
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 as it would its own similar information but in no event use less than reasonable care 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, rule, regulation, court order or governmental investigation. Consultant agrees to release such information or material only to employees or Sub-consultants who have agreed to keep the information confidential in accordance with this Agreementsigned a nondisclosure agreement, the terms of which have been previously approved by City. Consultant agrees to implement reasonable 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 Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 13
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 reasonable 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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 15
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 reasonable 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 promptly inform City and shall not proceed, except at Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 16
Consultant’s
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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 in force during the Services;
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 substantially prevailing party in the legal action shall be entitled to recover reasonable 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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 19
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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 www.deainc.com
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12
STATEMENT OF QUALIFICATIONS (SOQ)
(Traffic Engineering Firms)
• DAVID EVANS AND ASSOCIATES, INC.
• HARTZOG & CRABILL, INC.
• ITERIS, INC.
• JMDIAZ, INC.
• TJKM TRANSPORTATION CONSULTANTS
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Professional On-Call
Traffic Engineering Services
June 13, 2024
Qualifications to Provide
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 1
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
TABLE OF CONTENTS
Section Description Page
1. Cover Letter
2. Firm Qualifications and Experience ......................................... 3 Firm Background and Experience....................................... 3 Firm Strengths .................................................................... 3 Quality Assurance / Quality Control .................................... 9 Familiarity of Regional Grants / Competitive Funds............ 10
3. Key Personnel and Experience................................................ 12 List of Contracts with Other Local Agencies ....................... 12 Staff Qualifications .............................................................. 13
4. Organizational Chart ................................................................ 14
5. Similar Projects/Services ......................................................... 15
6. References ............................................................................. 22
7. Fee Schedule........................................................................... 23
8. Resumes ............................................................................. 24 Appendix. Agreement Exceptions
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 201 S. Figuerao Street, Suite 240 Los Angeles, CA 90012 T: 213.337.3680 F: 213.337.3679 June 13, 2024
Kevin Kwak, Assistant Public Works Director
Public Works Department
City of Gardena
1717 West 162nd Street
Gardena, CA 90247-3778
RE: QUALIFICATIONS TO PROVIDE PROFESSIONAL ON-CALL: TRAFFIC ENGINEERING Dear Mr. Kwak:
David Evans and Associates, Inc. (DEA) is pleased to respond with our submittal to the Request for Proposal for Traffic Engineering On-Call Professional Services. DEA is a multi-disciplinary full-service consulting firm with staff actively working on public and private sector projects in Los Angeles County. DEA and our team members bring expertise and knowledge that will allow us to efficiently support the City of Gardena (City) to deliver on any of the traffic engineering tasks ref-erenced in the RFP. Our team looks forward to building a long-term partnership with the City sharing a common goal of providing planning and design solutions that are feasible, economical, frequently eligible for funding through state, federal and local grant programs, and can be pro-cured with an expedited schedule for successful delivery. Some of the benefits our team brings to this contract include the following. ■ Understanding: DEA’s team includes former municipal / city traffic engineers who understand the demands of on-call traffic engineering contracts through their management of on-call consultant teams as city traffic engineers. Based on our practical knowledge managing citywide traffic engineering demands, we will assemble the best team for each assignment, with consideration given to experience, capability, flexibility, and past working relationships, to provide seamless integration with City staff, and an understanding of the city stakeholder’s needs. DEA’s depth of experience not only provides the ability to self-perform the needs of the contract but also scale project teams to successfully deliver both large- and small-scale projects efficiently. ■ Team Experience: The DEA team has significant experience in each of the traffic/transportation engineering services listed in the RFP, local experience to deliver projects for public agencies similar to the City, and the hands-on project management experience using project delivery tools to track and monitor cost, schedule and quality. Furthermore, our team has in-house experts to deliver tasks, which will reduce time (through expedited communication and coordination) and expense to be reliable under this contract. We have assigned James Daisa, TE to be the Project Manager. Furthermore, our team has a large set of in-house resources to deliver tasks, which will reduce time (through coordination and communication) and expense to be reliable under this contract. ■ Approach: Through the years, DEA has been able to successfully deliver projects. Our team members have extensive project experience with municipalities and a strong understanding of requirements having serviced 70 cities through on-call contracts. These same team members will be involved with the quality references you can check for this contract.
■ Detail Focused: Our attention to the little things sets us apart. We develop checklists, review elements of a deliverable, and are comprehensive in our cross-coordination and quality procedures with disciplines to make sure every submittal reduces review time and keeps the project on schedule.
We understand that the contract provided with the RFP is a sample and not intended to represent the final agreement between the City and the consultants for this on-call contract. When the time comes for negotiations, we have some suggested language changes that are very similar to the changes proposed and accepted by similar agencies. We have included these in the Appendix. We acknowledge receipt of Addendum No. 1 issued on June 4, 2023.
We thank you again for your consideration of our qualifications and look forward to the next step in the selection process.
I am the main point of contact with legal authority to commit the firm under this contract. Please feel free to contact me at 909.912.7304 or via email at [email protected] if you have any questions or need additional information.
Sincerely,
DAVID EVANS AND ASSOCIATES, INC.
James Daisa, TE
Project Manager
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 3
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
SECTION 2. FIRM QUALIFICATIONS AND EXPERIENCE
FIRM BACKGROUND AND EXPERIENCE
Since its founding in 1976 in Portland, Oregon, DEA has become a recognized leader for progressive and sustainable design and management solutions for complex transportation, traffic, transit, structures, and roadway improvement projects nationwide. DEA’s multi-disciplinary teams partner with clients to tailor solutions to meet the unique needs of each project. We have 28 offices in 10 states and employ approximately 900 people firm-wide. DEA staff includes professional engineers, surveyors, planners, landscape architects, and natural resources scientists. We are an employee-owned corporation and consistently rank among ENR’s Top 100 Pure Design firms in the U.S. DEA staff are committed to improving the quality of life, while demonstrating stewardship of the built and natural environments.
DEA recognizes the importance of building a deep pool of diverse expertise in the local market. We take this responsibility seriously and have a long and well-established reputation of building significant relationships with numerous consultants in the region and nationwide.
DEA has a proven track record of successfully providing on-call professional services to municipalities throughout Southern California. DEA has worked with numerous public agencies on various on-call contracts including:
■ Anaheim
■ Azusa
■ Baldwin Park
■ Banning
■ Barstow
■ Brea
■ Burbank
■ Carlsbad
■ Cathedral City
■ Chino
■ Chino Hills
■ Claremont
■ Costa Mesa
■ County of Orange
■ Huntington Park
■ Colton
■ Corona
■ Covina
■ Diamond Bar
■ El Monte
■ Fontana
■ Glendale
■ Glendora
■ Hesperia
■ Indian Wells
■ Indio
■ Irvine
■ LA Metro
■ La Puente
■ La Quinta
■ Laguna Niguel
■ Laguna Woods
■ Lake Elsinore
■ Lawndale
■ Lomita
■ Long Beach
■ Los Angeles
■ Montclair
■ Montebello
■ Moreno Valley
■ Murrieta
■ Newport Beach
■ Oceanside
■ Ontario
■ Palm Desert
■ Palm Springs
■ Pasadena
■ Perris
■ Pomona
■ Rancho Mirage
■ RCTC
■ Rialto
■ Riverside
■ Rosemead
■ San Bernardino
■ San Diego
■ San Gabriel
■ San Jacinto
■ Santa Ana
■ Santa Clarita
■ SBCTA
■ Simi Valley
■ South El Monte
■ Temecula
■ Temple City
■ Upland
■ Ventura
■ Victorville
■ Walnut
■ West Covina
■ Wrightwood
■ Yorba Linda
■ Yucaipa
FIRM STRENGTHS
On-call contracts provide an opportunity for DEA to work as an extension of the staff and build the trust for a long-term collaboration that goes well beyond the term of the on-call contract. For decades, DEA has contracted with numerous Southern California municipalities for on-call services where we have found the strong working relationships that we build with agency staff are essential for minimizing time spent on contractual issues, effective task order management, and producing high-quality work that exceeds the agency’s expectations. The trust we earn through consistently showing these qualities is the basis for most of our repeat client relationships.
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On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
DEA is committed to the City of Gardena (City) in providing our project deliverables that address the City’s needs as identified during the initial scope preparation. DEA will provide the following services for this on-call contract: Traffic Engineering.
SERVICES
TRAFFIC ENGINEERING DESIGN
DEA offers full traffic engineering and transportation
infrastructure design services to our clients. Our
comprehensive services range from the initial
investigation of a transportation problem through
planning and conceptual development to final design
and construction. We have had direct experience in
designing and constructing hundreds of roadway,
intersection, pedestrian and bicycle facilities, trail and bridge projects, as well as preparing Traffic Control
Plans (TCP) and managing the permitting process
for improvements to the State Highway System. Our
traffic and civil engineers have worked with cities,
counties, and regional and state departments of transportation, as well as private developers and industry.
We have applied our knowledge to multimodal roadway evaluation and design, signing and striping plans, corridor analyses, traffic engineering studies, traffic impact analyses, transportation demand management programs, bridge evaluation and design, alternative transportation planning and design, intersection evaluation and design, environmental impact assessments, parking programs, transit system planning and design, and community transportation plans that coordinate land use and transportation.
With local knowledge and a broad base of experience in traffic engineering, DEA has the tools required to analyze and design traffic systems and roadway systems in a cost-effective, timely manner. We blend creativity and client concerns with our knowledge and technical expertise in local agency design standards. DEA routinely develops projects that are financed with local, state and federal funding, and clearly understand the requirements to meet the applicable standards and agency guidelines. Our project managers have a thorough understanding of the process and provide a solid base for meeting the requirements for grant and funding authorization.
DEA’s traffic engineering services extend into operational analysis and systems planning including traffic control plans for construction, development and evaluation of traffic management technologies, analysis of arterial traffic operations, and signal timing and coordination plans for corridors and urban street networks.
Finally, DEA’s traffic and transportation design team has extensive experience in the transportation planning and traffic engineering skills needed to satisfy the day to day demands of municipalities including traffic impact studies, preparing engineering and traffic studies for establishing speed limits, conducting sight distance studies, traffic signal warrant analyses, and developing safety studies (e.g., Local Roadway Safety Program) supporting applications for common grant funding such as HSIP and ATP. DEA can address all types of traffic engineering responsibilities from responding to neighborhood complaints of speeding with a Neighborhood Traffic Management Plan to collaborating on Safe Routes to School studies with school districts, school administrators, and parents.
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On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
WORK APPROACH
DEA is committed to providing project deliverables that address the City’s needs as identified during the initial scope preparation. Our approach for each specific task order proposal would be to first identify the appropriate team members to successfully accomplish the project. Because we monitor project requirements and adjust project scheduling weekly, we can maximize availability of our key project staff as needs arise as well as commit staff in advance of needing them. Each project is unique and as such we will develop a tailored project team and scope of services / approach to satisfy the requirements. Our general approach to task order management from receipt of RFP to project close out is illustrated in the following diagram.
Project
Management
Develop Task
Order Scope
Prepare Project
Management Plan
Status Reports to
Client/Invoicing
Review QC
Plan Status
Closeout Checklist/
File Transfers/
Final Invoice
Quality
Assurance
TASK ORDER APPROACH
PM & Technical Leads work together
througout the task order process
Weekly meeting with
Technical Leads/Staffing Needs
Project
Execution
Project
Manager
Technical
Leads
Select Task
Order Team
Project
Initiation
QC Expectations
and Plan
Implement QC
Control Plan QC Checks
QC
Documentation
Anual Survey
Identify
QC Manager
Submittal &
Deliverables
Project
Closeout
Key aspects of our approach to on-call contracts include the following and are detailed below:
■ Task Order Development
■ Fee Proposal
■ Early Communication for Clear Expectations
■ Commitment of Staff
■ Notice-to-Proceed
■ Task Order Management
■ Monitoring Progress
TASK ORDER DEVELOPMENT
We anticipate that the first step in the on-call process will be the execution of a project specific task order. We recognize that this process is an extension of the proposal process, not directly billable to the project, and often competitive with other on-call consultants. It is of high importance to both the City and DEA to develop the scope, fee, and schedule for task orders based on a clear understanding of the City’s needs and with clear expectations of the process and deliverables. DEA appreciates the opportunity to meet with staff in advance to understand the key issues and expected results, and ask for clarifications if needed. In this way, we will be able to propose an effective approach and complete task orders that achieve what the City wants to receive.
FEE PROPOSAL
The City’s project manager will issue a task order solicitation to DEA’s project manager, Jim Daisa, together with schedule expectations and other related project information. Jim will work with the City’s project manager to complete the necessary task order documentation as follows:
■ Project objective
■ Scope of services
■ Deliverable products
■ Schedule of milestones and deliverables
■ Quality control review schedule
■ Specific staffing requirements
■ Labor rates, hours, and budget (not-to-exceed)
■ Other direct expenses (if applicable)
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City of Gardena TRAFFIC ENGINEERING
EARLY COMMUNICATION FOR CLEAR EXPECTATIONS
Consistent communication is the cornerstone of a good working relationship between teaming partners.
The kick-off meeting establishes the stakeholders with input at each phase of the project. Communication plans can determine the frequency of meetings, how to correspond and who holds the lines of communication.
In addition, this can include document control aspects for sending and receiving information between consultant and staff. Our project manager would also get our quality control manager involved at this stage to develop and implement a Quality Control plan as mandated by DEA for all projects regardless of size. The plan's rigor will depend on the type of project (planning vs. engineering) and type of deliverables.
COMMITMENT OF STAFF
During task order development, DEA’s management team, project manager and relevant task leaders, will commit the specific technical team best qualified to complete the project. Our southern California team uses a forward-looking scheduling process, specifically designed for responding to on-call work, and to assign staff for future work. The system is such that we are able to lock people into projects well in advance, thereby eliminating the potential for over-commitments, and assuring that the City’s schedule expectations will be met. We can also utilize our large pool of skilled resources with select access to our hundreds of planners and engineers in the Western United States at all levels of expertise and cost point through DEA's Workshare Program, whereas PMs can fill unexpected or planned staff requirements to address an urgent client request or if they need "all hands on deck" to meet a major deadline.
NOTICE-TO-PROCEED
The task order and cost proposal will be submitted to the City’s project manager, who will either initiate further discussion, or give approval to proceed. It is our intent to do a thorough job the first time so the needs for cycles of discussion/negotiation can be minimized.
TASK ORDER MANAGEMENT
Upon receipt of a task order notice-to-proceed, our project manager, Jim Daisa, will become the City’s point-of-contact for project execution and will work directly with the City’s project manager throughout the project execution phase. He will manage the activities of DEA’s technical staff and be a principal technical expert to guide the project.
MONITORING PROGRESS
DEA project managers are required to carefully monitor the progress of their projects to assure that staff resources are available as required and to make sure that the City’s overall budget and schedule expectations are being met or exceeded. Each week Jim holds a workload meeting to review upcoming work, deadlines, and progress to date on all current projects with all staff and, if necessary, he re-balances the workload to prioritize assigning qualified staff to work where they may best utilized. At least once per week, he meets with task leads, including subconsultants, when applicable, and reviews budget status reports for each task on his projects based on the most recent timesheet labor postings, reviews progress on deliverables and cost to complete projections, and discusses any issues that have arose and how to resolve them. Any task nearing 80% of budget is flagged for review with the task lead to make sure the remaining work can be completed within budget, and if not, to develop a recovery plan for the client to approve. In this way, issues are identified early and the task can be brought to the earned value to date via various project management tactics such as parallel design for non-critical path elements, work-around, and extending resources from other offices. To provide quality control and consistency, Jim will also oversee monthly progress reporting and invoicing functions.
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On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
ABILITY TO MEET PROJECT WORK PLAN AND TIMELINES
As described earlier, Jim Daisa, TE will manage the technical side of the project through frequent communication with our team’s discipline task leaders on task order progress and confirming that our Quality Control plan is being applied to milestones and deliverables. On the administrative side, Jim, his project coordinator, and project accountant, have worked together for many years performing the recurring monthly reporting and invoicing process.
Jim understands the nature of on-call contracts and the need to be prepared for the expected and unexpected.
He will be your single point of contact, responsible for orchestrating DEA project resources. Jim will use well-defined project management procedures to maintain budgets, manage risk, enhance communications, document activities, and facilitate a quality product. He has had specific training in DEA's project management policies, practices and procedures. His overall approach stresses clear communication, strict adherence to deadlines, and steady monitoring of the work that is completed versus project budget expenditures. Quality assurance checks are a constant element throughout each project.
Jim will select the appropriate team members and assign roles and responsibilities based on the criteria of the individual tasks and appropriate team member expertise to execute the task. An implementation plan will be created per the scope, budget and schedule. Clear expectations of roles, tasks, budgets and schedules will be communicated to each team member. Internal and external team meetings will be scheduled at a number and frequency appropriate to the project. DEA's Workshare Program is available to Jim when necessary to fill urgent needs.
DEA’s project team will act as an extension of City staff. The team’s goal will be to provide the services to City staff in a seamless manner, helping to affect the successful completion of the project. The DEA team defines a successfully completed project as one in which all project goals are met within schedule and budget. In summary, Jim will take the following steps to help ensure project success:
■ Fully understand the scope and purpose of each
task order
■ Identify and manage risk
■ Establish the project schedule
■ Assign the most qualified task leader to the task
order
■ Working with the chosen task leader, select the
best team for each task, taking into consideration
experience, expertise, and working relationships
between the team members
■ Explore alternatives to reduce costs and/or
provide better service
■ Coordinate communications with City and team
members
■ Implement the DEA quality control management
plan
■ Identify issues early, and present resolution(s) to
the City's project manager as soon as possible
■ Extensively track the progress of work for each
task order and communicate progress in the City
project manager's preferred format and frequency
■ Oversee all project work to assure that assigned
tasks stay on track with the schedule and within
budget
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On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
SCHEDULE CONTROL
Schedule control is the essence of completing projects on time and within budget, because schedule control directly relates to cost control. The DEA team will control schedule and cost through the work progress measurement and the milestone monitoring processes. We use the Critical Path method to establish a reasonable schedule of milestones for each project deliverable. We monitor progress of each milestone and compare it against the planned schedule. We track and maintain records itemizing scope and schedule changes and mitigate any negative impacts due to such changes in consultation with the City's project manager. In the event the schedule falls behind, DEA has several solutions for getting projects on track including to ensure parallel work on milestones to halve the time and meet deliverable submittal commitments.
This can be critical when applying for cyclical grants such as the time restrictive Active Transportation Grants, or ensuring the project continues to receive funding for the next fiscal year.
COST CONTROL
DEA has established internal procedures and policies to control costs on our clients’ projects. Our management information system is customized to give our project managers project cost information on a daily, weekly, and monthly basis. Keeping open channels of communication with the City regarding cost, budget and schedule is a crucial element of the project approach and the City can expect to be involved in the process at multiple intervals upon DEA’s receipt of a task order, from kick-off through 100% delivery.
One of the important principal factors in project success and client satisfaction is constant communication and clarity of expectations. Open communication and honest discussions between the consultant’s project manager and the City’s designated staff will promote quality, on time deliverables and budget control.
Prior to the start of work, DEA's Project Manager provides go-by examples, standards and practices to help ensure the team follows the correct process for project work. This quality assurance step eliminates re-work from the beginning. For design projects, our QA/QC manager reviews progress sets to verify the reports, plans, and exhibits are meeting the developed quality standards and have the appropriate information on each document.
Another factor in controlling costs for design is matching staff’s abilities with the project requirements. For these on-call services, we have identified the key staff that will support the necessary technical aspects of any given project. We will work with the staff and Task Leads to verify there are adequate resources (time) for the appropriate staff member. Ultimately, controlling the schedule will also control the cost.
At DEA, organization is of the utmost importance, matching each project with the correct resources for work tasks to be carried out on schedule and within budget. The management plan for each project is adjusted and refined once the project is initiated. Our project manager Jim Daisa, will review staff commitments in the near, medium and long term to ensure there are adequate qualified resources available for each task. DEA’s basic elements of project management are:
■ Informing the team of the project's goals, scope, schedule and budget, and obtaining a commitment from the entire team in achieving these goals.
■ Adjusting the project plan with input from the task leads and team members to improve cost-effectiveness and quality
■ Ensuring that each team member has a clear understanding of individual roles and responsibilities in meeting the project’s goals.
■ Weekly, review assignments and commitment of hours by staff, and ensure the appropriate resources are available to each team member to complete their work
■ Communicate the project's status, progress, and the team's ability to meet each milestone deliverable as frequently as the City's project manager prefers
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 9
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
QUALITY ASSURANCE / QUALITY CONTROL
COMMITMENT TO QUALITY CONTROL
DEA’s Quality Assurance (QA) and Quality Control (QC) Program is an essential element in our approach to deliver a project that meets or exceeds City requirements. A Quality Assurance / Quality Control manager is appointed at the beginning of every task order project and has overall responsibility and authority to implement the QA program, including resource and training needs, approving the project-specific Quality Management Plan, documentation, and monitoring progress. The terms Quality Assurance and Quality Control are often used interchangeably, but DEA clearly distinguishes these concepts as follows.
Quality Assurance: Quality Assurance (QA) is an overall program that establishes project related policies, procedures, standards, guidelines, and systems aimed at producing an acceptable level of quality in our products. These are things we do continuously before, during, and upon completion of specific project deliverables to make sure we understand what is required of our deliverables and that those requirements are met. But most importantly it’s the things we do during the process like setting and communicating standards and verifying City requirements, among others. The goal is to do things right, the first time, by verifying that the project requirements are clearly defined and communicated.
Quality Control: Quality Control (QC) is project-specific activities consistently applied to assist with quality project deliverables. The objective of DEA’s QC program is to detect and eliminate major defects in project work products and limit minor defects consistent with commonly accepted standards. This is accomplished through the application of continuous checks and comprehensive reviews prior to each delivery milestone adopting the 30-60-90 percent review. We believe that this procedure will increase quality control, attention to project controls, and target budgets. The QC program is project specific (technical review, accuracy review, interdisciplinary review, constructability review) and is implemented under the authority of the QA/QC manager.
DEA has developed internal QA/QC
tools that each discipline follows for the
development of all plans, estimates,
reports, or other deliverables defined in the
scope. These include detailed checklists
and narratives that highlight expectations
for all team members to follow. Internal
staff have been trained in and are required
to utilize these tools in the day-to-day
delivery of work products.
Before delivering any submittal, DEA conducts
independent internal reviews of all deliverables.
Copies of outgoing and incoming
documents are stored in a filing
system that maintains the integrity
and accessibility of both hard copy
and electronic documents. The
City will be provided with electronic
and/or hard copies as required by
specific projects.
Our QMs receive special training in QA/
QC procedures and must pass a test
before becoming a certified QM. The QM
works closely with the PM to see that the
quality assurance and quality control plans
are strictly followed.
At project start-up, the DEA project manager
prepares a quality control plan that identifies the
quality manager (QM) and subsequent primary
reviewers for different project deliverables.
DEA’s Quality
Control
Program
Quality
Control
Quality
nI
et nr
l a
Control
Manager
Too sl
l eD vi r e ab el
s Document
Plan
DEA’s Quality Control Program
BUDGETING AND ACCOUNTING TOOLS
We use Microsoft Excel in combination with our Solomon accounting software to track individual activities for task orders. DEA’s Project Manager and the task order team establish a Work Breakdown Structure (WBS) of individual tasks and budgets to which the team charges time. The budgets are determined during the scoping process based on the actual hours and rates for each person assigned to the project.
The budgets are based on experience with similar tasks and are checked against averages established from previous projects.
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DEA updates the budget status for each WBS task charge numbers on a weekly basis from timesheet input, for project manager review and action, to determine the budget remaining. Project managers review and approve timesheets before they are posted in the system to identify incorrect charges or unusual activity. Our Solomon accounting software tracks costs and status of each task order and produces reports for our project manager on a weekly basis. The reports are checked for accuracy of labor and subconsultant invoicing. The accounting software also provides the financial basis for monthly invoices that include a one month look ahead for activities, as well as outstanding issues that may affect budget or schedule. Budget status is shared weekly with each task team member working on the task so that they are always aware of the budget remaining to complete their work.
FAMILIARITY OF REGIONAL GRANTS / COMPETITIVE FUNDS
DEA has experience with preparing successful funding applications at the local, state, and federal level. Our staff has prepared funding applications such as the E76 paperwork for funding authorization.
FUNDING ASSISTANCE
■ Rio Hondo Bridge Widening (I-710/Firestone Boulevard Interchange Phase 3), City of South Gate:
Prepared successful application for HBRR funding ($5.412m HBRR funds) including bridge widening, deck replacement, roadway approach improvements, painting, barrier rail improvements, and seismic retrofit.
Also prepared Request for Authorization for obligation of funds through Caltrans for HBRR funds and Letter of Agreement for MTA Proposition C funds.
■ Los Angeles River Bridge Widening (portion of I-710/Firestone Boulevard Interchange Phase 4A), City of South Gate: Prepared successful application for HBRR funding ($4.321 m HBRR) including bridge widening, deck rehabilitation, roadway approach, and barrier rail improvements. Also prepared Request for Authorization and Finance Letter for obligation of funds through Caltrans for HBRR funds and Letter of Agreement for MTA Proposition C funds. Assisted City with paperwork required to convert RSTP fund to Proposition C.
■ I-710/Firestone Boulevard Interchange, Phase 3 and 4, City of South Gate: Prepared funding applications for the 1999 MTA Call for Projects. Funding awarded for both Phases, $664,000 for Phase 3 and $1.783m for Phase 4.
■ I-710/Firestone Boulevard Interchange, Phase 2 and 3, City of South Gate: Prepared funding applications for the 1997 MTA Call for Projects. Funding awarded ($2.5m) for Phase 2. ■ I-710/Firestone Boulevard Interchange, Phase 1 and 2, City of South Gate: Prepared funding applications for the 1995 MTA Call for Projects. Funding awarded ($4.834m) for Phase 1. ■ I-710/Firestone Boulevard Interchange, City of South Gate: Prepared funding application for TEA-21 High Priority Projects program. Funding awarded in the amount of $12m. ■ Union Street Two-Way Cycle Track, City of Pasadena: Prepared the funding application for the 2019 Metro Call for Projects for the Pilot Program from Caltrans Local Assistance in the Active Transportation Program category.
■ Redondo Beach Boulevard Mobility Enhancement Improvements, City of Lawndale: Prepared a funding application for the 2015 Metro Call for Projects in the Regional Surface Transportation Improvements category for improvements on Redondo Beach Boulevard between Prairie Avenue and Artesia Boulevard.
■ US-101/Victoria Avenue Interchange, City of San Buenaventura. Assisted the City in the preparation of federal funding forms (FNM76) for $3.5 million. The project included the rehabilitation of Victoria Avenue, Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 11
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
the reconstruction and reconfiguration of the interchange, and the relocation of Valentine Road. ■ Lincoln Avenue, City of Buena Park, OCTA. Prepared funding applications for OCTA Call for Projects. ■ I-10 / Sierra Avenue Interchange, City of Fontana. Project involved the complete reconstruction of the interchange and conversion from a diamond configuration to an urban (single point diamond) interchange.
Prepared successful funding application for National Highway System Demonstration Projects program.
Project cost was approximately $17 million of which approximately half came from the federal funds.
ATP AND HSIP FUNDING APPLICATION EXPERIENCE
DEA’s team has extensive experience in preparation of applications for ATP and HSIP projects. Presented below is our rate of successfully awarded ATP and HSIP grant applications for public sector our clients.
As presented, we have a 55% success rate for ATP applications, and an 87% success rate for HSIP applications prepared by DEA.
45%
50%
100%
City of Victorville
$5.7 M
Granted
ATP Application Success
City of Palmdale
$8.7 M
Granted
100%
LA Metro
$21.0 M
Granted
55%
77% 100%
City of Ridgecrest
$2.2 M
Granted
HSIP Application Success
City of Barstow
$1.0 M
Granted
100%
City of Hesperia
$200 K
Granted
City of Lancaster
$700 K
Granted
87%
City of Victorville
$400 K
Granted
100%
TOTAL GRANTED
$4.5 M
TOTAL GRANTED
$35 M
Total Requested Total Granted
$68.8 M $39.7 M 58%
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City of Gardena TRAFFIC ENGINEERING
SECTION 3. KEY PERSONNEL AND EXPERIENCE
LIST OF CONTRACTS WITH OTHER LOCAL AGENCIES
The DEA team is organized to provide the contract manager and the City of Gardena (City) with flexibility and resources to meet the needs of the varying levels of work that could potentially be assigned under this oncall contract. Our team includes staff with experience in every project type and task that may be needed to accommodate the City's needs. Our experience performing the type of services requested and our regional resources will facilitate our ability to meet your needs, regardless of the level of work assigned.
Our abilities are best demonstrated by projects we have recently and successfully performed. DEA has performed on a range of projects providing professional traffic engineering services. A summary of key personnel is provided in this section. Our proposed project manager, Jim Daisa has proven himself to be a service-oriented contract manager/project engineer who will see that your project needs are met by bringing together technical experts to deliver precise project design in support of this on-call assignment. He will provide you with up-to-date costs and schedule control, and maintaining communications with the stakeholders including City staff, utility companies, construction personnel, and others as necessary.
The following is a list of a public agency projects for which we have performed similar work.
PROJECTS
RFP TASK NEEDS
KEY
PERSONNEL
S = Support / L=Lead
Traffic Signal DesignSigning, Striping, Signal ModificationsDetour and Traffic Control DesignSpecial Traffic StudiesSignal Synchronization StudiesPrepare Grant ApplicationsJames DaisaEddie GuerreroRob KilpatrickMarie Marston Civic Center Complete Streets ATP Application and PE/ED Approval L S ITC Traffic Analysis Peer Review, Inglewood L
Liechty Middle School SRTS Safety Improvement Design, Los Angeles S S S Citywide Traffic Engineering, Yorba Linda L
Raymond Avenue at Pico Street Traffic Signal Modification Project, Pasadena L
South Highland Avenue at Mango Avenue Traffic Signal, Fontana L Arrowhead Rd. / 7th St. Complete Streets ATP, Victorville L Main St. and Sultana St./Timberlane Ave. Traffic Signal, Hesperia L Westgate Raise Grants Infrastructure, Fontana L S S
Diaz Road Expansion, Temecula L S S
China Lake Blvd. Traffic Signal Coordination, Ridgecrest L Local Road Safety Plan (LRSP), Adelanto L S S
SR-1 / Huntington Street Intersection Improvements, Huntington Beach L Speed Zoning and Engineering Survey, Adelanto L S
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STAFF QUALIFICATIONS
The DEA team is organized to provide the City of Gardena with flexibility and resources to meet the needs of the varying levels of work that could potentially be assigned under this on-call contract. Our team includes staff with experience in every project type and task that may be needed to accommodate the City's needs. Our experience performing the type of services requested and our regional resources will facilitate our ability to meet your needs, regardless of the level of work assigned. Shown below is the list of staff who will be assigned to this contract for the three services we are proposing.
Name Title
Years of
Exp.
License /
Certification
Education/ Certifications &
Licenses
James M. Daisa, TE Project Manager 35 CA - TE #1624 BS, Mechanical Engineering, 1988, San Francisco State University
Sean Haeri Principal-in-Charge 33 CA - PE # 53275
CA - TE #1687
MS, Engineering, 1991, California State
University, Los Angeles
BS, Engineering, 1988, California State
University, Los Angeles
Marie Marston QA/QC 44 CA - PE # 38798
CA - QSD/P #23572
BS, Civil Engineering, 1980, Oregon State
University
MBA, 1988, University of California, Irvine
Rob Kilpatrick Traffic Design
Engineering Task
Leader / Grant
Writing
39 CA - PE #42386
CA - TE #1573
BS, Civil Engineering, 1984, California
State Polytechnic University, Pomona
Eddie Guerrero Traffic Engineering
Studies Task
Leader
31 CA - TE #2020 MS, Civil Engineering - Transportation, 1992, California State University, Long
Beach
Lisa Candelaria, PE Traffic Engineer 18 CO - PE #47324
AZ - PE #50302
TX - PE #137236
BS, Civil Engineering, 2004, University of
Arizona
Abigail Hartman / Civil Designer 8 CA - EIT #171007 BS, Civil Engineering, 2020, California State University, Fullerton
Aaron Scott Traffic Engineer NY - EIT # 91757 BS, Civil Engineering, 2013, University at Buffalo
Trisha Ocasio Traffic Designer 12 CA - EIT #146773 BS, Civil Engineering, 2012, California State Polytechnic University, Pomona
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 14
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
SECTION 4. ORGANIZATIONAL CHART
Our team includes Jim Daisa, TE, as contract manager and Sean Haeri, PE, TE, CPM as principal in charge.
Assisting them will be a team of civil engineers, landscape architects, surveyors, and designers to lead the tasks requested.
PROJECT MANAGER
James (Jim) Daisa, TE
PRINCIPAL IN CHARGE
Sean Haeri, PE, TE, CPM
QUALITY ASSURANCE /
QUALITY CONTROL
Marie Marston, PE, QSD/P
Kevin Kwak
Assistant Public Works Director
Task Leader
Eddie Guerrero, TE
Support Staff
Aaron Scott, PE
Trisha Ocasio, EIT
Traffic Engineering Studies
Robert Kilpatrick, PE, TE
Grant Writing
Task Leader
Robert Kilpatrick, PE, TE
Support Staff
Lisa Candelaria, PE
Abigail Hartman, EIT
Traffic Design Engineering
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 15
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
SECTION 5. SIMILAR PROJECTS
Below you will find a list of our current / recent projects in which similiar professional services to those listed in the RFQ have been provided.
Pacific Coast Highway (SR-1) Roadway Preservation Project in Two Locations, from Vista Del Sol to 7th Avenue in Laguna Beach, and from Crescent Bay Drive to Newport Coast Drive, Newport Beach, California
Scope: As part of an on-call contract, this task order
was to rehabilitate the existing pavement, remove
and reconstruct new guard rail and upgrade and
construct new curb ramps (at SR-1/Vista Del Sol and
SR-1/Reef Point Drive intersections) as stated in the
Capital Preventive Maintenance Project Report
(CAPM PR). The work also included roadway
widening of approximately 600 feet on northbound
Pacific Coast Highway in advance of the Newport
Coast Drive intersection for a bike lane. DEA's
responsibilities included preparing final TMP, utility
conflict maps, pavement delineation plans, sign
plans, stage construction and traffic handling plans, SWDR, specifications, and quantities and estimates. The stage construction and traffic handling plans were prepared for the SR-1 widening and curb ramp reconstructions. For the curb ramp reconstructions, a pedestrian detour path with channelizers, temporary curb ramp, and temporary traffic signal push button assembly and post was designed to be outside and next to the existing curb return..
Personnel: Marie Marston
Agency: City of Newport Beach
Contact: Dave Webb, Public Works Director
Role: Prime Consultant
Inglewood Transit Connector (ITC) Project Traffic Impact Analysis and Event Management Peer Review, Inglewood, California
Scope: DEA is providing peer review verification of
traffic impact analysis determinations and developing
alternative mitigation for potential adverse conditions scenarios. DEA traffic engineers are also providing
peer review of Traffic Management Operation Plans
and developing alternative access management
scenarios to minimize peak traffic queuing conditions
and intrusion to nearby residential communities.
Personnel: Eddie Guerrero
Agency: City of Inglewood
Contact: Louis Atwell, Assistant City Manager
Role: Prime Consultant
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 16
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City of Gardena TRAFFIC ENGINEERING
Diaz Road Expansion, Temecula, California
Scope: DEA was tasked to prepare plans,
specifications, cost estimates (PS&E), and related
planning, environmental and right-of-way documents
to improve Diaz Road from Rancho California Road
to Cherry Street. In addition to extending Diaz Road,
the project will also include improvements to existing
segments of the road, including widening and
modification to medians, sidewalks, and drainage.
Traffic engineering plans prepared for the project
include PS&E for modification to existing traffic
signals, new traffic signals, and pavement markings
and signing for the entire corridor. DEA prepared a
traffic and VMT impact analysis for CEQA clearance as well as to inform the design of the intersections with respect to lane geometries and queuing storage length.
Personnel: Jim Daisa, Rob Kilpatrick,Trisha Ocasio
Agency: City of Temecula
Contact: Nino Abad, Senior Civil Engineer
Role: Prime Consultant
China Lake Boulevard Traffic Signal Coordination Project, Ridgecrest, California Scope: DEA was retained by the City of Ridgecrest to provide design and construction oversight for the coordination of six traffic signals on China Lake Blvd. The project included the installation of Fiber Optic interconnect, radio communication, and establishing the communications to City Hall for implementation. DEA was assigned as the Resident Engineer for the project, which was an CMAQ grant, and included coordination between the City and Caltrans for the preparation of the Caltrans forms and invoices for approval.
Personnel: Rob Kilpatrick
Agency: City of Ridgecrest
Contact: Travis Reed, City Engineer
Role: Prime Consultant
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 17
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City of Gardena TRAFFIC ENGINEERING
Westgate RAISE Grant Infrastructure, Fontana, California Scope: In partnership with the City of Fontana and a
private developer, DEA supported efforts to secure
$15 million in Federal funding for capital
improvements on Cherry Avenue and Victoria Street
to transform the corridor from a two-lane unimproved
rural highway to a four-lane urban complete street as
envisioned in the city’s General Plan. DEA is currently engaged in providing civil, traffic, surveying,
permitting, mapping, and landscape design services
on the project.
DEA prepared the environmental studies required by
the grant manager (Caltrans) for NEPA approval and a VMT analysis for the City of Fontana as part of CEQA approvals. In addition, DEA prepared traffic engineering studies justifying and informing the design of the roadway and intersections comprised of warrant analyses, and a Traffic Operations Analysis Report including detailed intersection capacity analyses to determine traffic control, lane configurations, turn lane length, and signal phasing and timing.
DEA is now completing the design phase of the comprehensive package of improvements that include a realignment of Victoria Street to align with an existing signalized intersection on Cherry Avenue, a roundabout on Victoria Street, approximately two miles of roadway widening, new median construction, multi-use paths on both sides of Cherry Avenue in-lieu of sidewalks to encourage active transportation, and the design of associated infrastructure including landscaping and irrigation, storm drain, water quality, reclaimed water, domestic water, and sewer utility construction.
In addition to roadway and infrastructure design, DEA is providing traffic engineering design services which includes new and modified signal design plans for five intersections including the SR-210 / Cherry Avenue ramp intersections and requisite processing of Caltrans permits, traffic signal interconnect plans, signing and striping plans for the entire Cherry Avenue corridor, temporary traffic control plans for construction, cost estimating, and preparation of specifications for bid.
Personnel: Jim Daisa, Rob Kilpatrick, Trisha Ocasio
Agency: City of Fontana
Contact: Gia Kim, City Engineer
Role: Prime Consultant
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 18
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City of Gardena TRAFFIC ENGINEERING
Citywide Traffic Engineering Investigations, Yorba Linda, California Scope: DEA conducted a study for the establishment
of speed zones citywide. The objective was to provide
the City with a legally defendable Engineering and
Traffic Survey Report that meets the requirements
defined in California Vehicle Code 627, and 40802,
and in accordance with the guidelines presented in
the California Manual of Traffic Control Devices. DEA
conducted speed zone surveys on 115 street
segments. DEA also prepared a School Safety
Assessment in coordination with the Placentia-Yorba
Linda Unified School District (PYLUSD). The purpose
was to determine if there were infrastructure issues
that were under reported for all 14 schools within the City. The analysis consisted of a systematic assessment, with potential issues ranging from school zone signing, pedestrian and bicycle concerns, traffic jams and poor circulation resulting from picking up and dropping off students, and excessive idling vehicles in residential neighborhoods. The work included examining high crash concentrations and traffic volume locations, and with input from the City and PYLUSD, identified and prioritized potential projects and determined the appropriate countermeasures improvements to roadway segments, intersection improvements, signing and striping upgrades to be in compliant with the current CA MUTCD, and traffic safety improvements. Since a key element of potential grant funding is the benefit/cost ratio, various project types and options were examined.
Personnel: Rob Kilpatrick, Trisha Ocasio
Agency: City of Temecula
Contact: Tony Wang, Traffic Engineering Manager
Role: Prime Consultant
Raymond Avenue at Pico Street Traffic Signal Modification Project, Pasadena, California
Scope: A new medical office building is proposed at the southeast corner of the Raymond Avenue/Pico Street intersection. The project will remove the existing curb return at the southeast corner and reconstruct a new curb return north of the existing curb return location and as a result, two existing traffic signal poles at the southeast corner will need to be relocated at the new curb return location. The City also intends to replace the existing safety lighting luminaries with LED and existing detection cameras the latest detection cameras. DEA's scope of work included field review, traffic signal modifications, signing and striping plans, traffic control, pedestrian detour, temporary traffic signal, temporary signing and striping, signal communication, shop drawing review, and construction support.
Personnel: Marie Marston
Agency: City of Pasadena
Role: Prime Consultant
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 19
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City of Gardena TRAFFIC ENGINEERING
Civic Center Complete Streets ATP Application and PA/ED Approval, Palmdale, California
Scope: DEA prepared this comprehensive Complete
Streets ATP project encompassing four major streets
in the City of Palmdale’s downtown civic center. The
Civic Center area is the City’s cultural, recreational, and economic development centerpiece containing
public parks, theatrical playhouse, senior center, and
housing authority funded mixed-use and live-work
developments. DEA’s involvement began with
preparing the initial Active Transportation Planning
(ATP) grant that led to the preparation of the
conceptual design for the Complete Streets which is
comprised of narrowing streets to accommodate
bicycle lanes and wider sidewalks, integration of compact urban roundabouts to slow traffic, enhanced pedestrian crossings, and landscaping plans to provide shade for pedestrians. The project also includes the preliminary and final design of three compact roundabouts and two (2) mini roundabouts. The roundabouts were designed and reviewed by our in-house roundabout design team. The project also involved facilitating an outreach program with multiple key stakeholders including soliciting public input through public meetings and workshops. DEA’s preliminary designs were used in a subsequent ATP application, which resulted in a $1.7 million ATP grant for the PA/ED, PS&E, and construction phases of the project. DEA prepared the successful ATP application, conducted the PA/ED phase of the project, completed the final engineering for construction, and is currently providing construction support services for this project.
Personnel: Rob Kilpatrick, James Daisa
Agency: City of Palmdale
Contact: Lynn Glidden
Role: Prime Consultant
Arrowhead Road/Seventh Street Complete Streets ATP, Victorville, California Scope: DEA prepared the ATP application and the
preliminary engineering services for the
improvements along the two-mile corridor of
Arrowhead Drive/Seventh Avenue in the City of
Victorville. The Improvements proposed consisted of
implementing a “Complete Streets” that included
sidewalk enhancements, new Class II and Class IV
bike lanes, ADA compliant curb ramps, and upgraded
traffic control devices. The project involved facilitating public participation with various key stakeholders,
including Public Meeting/Workshops. DEA’s designs
were used in an ATP application, which resulted in a
$3.5 M ATP grant for the PA/ED, PS&E and construction phases of the project.
Personnel: Rob Kilpatrick
Agency: City of Victorville
Contact: Fredy Bonilla, Assistanc City Engineer
Role: Prime Consultant
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 20
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Local Road Safety Plan (LRSP), for the City of Adelanto, California City of Adelanto
Draft Local Roadway Safety Plan
COVER PAGE
LOCAL ROADWAY SAFETY
PLAN (LRSP)
Final Report
November 3, 2021
Prepared for:
City of Adelanto
Prepared by:
David Evans and Associates, Inc
Scope: DEA provided design services for a Caltrans’ funded citywide Local Roadway Safety Plan for the City of Adelanto.
Using Statewide Integrated Traffic Record System
(SWITRS) collision database, and SafeTREC’s
Transportation Injury Mapping System capabilities, six years of collision data was evaluated, distilled, ranked and
prioritized into the top 20 high-risk intersections and the top ten high-risk roadway segments. Stakeholder outreach
included interviews with County sheriff, County fire and EMS, and school officials. Ranking was based on two
criteria. The primary criterion was weighting factors derived from the Equivalent Property Damage Only (EPDO)
Average Crash Frequency method which is widely used in
LRSP in California and secondary criterion based on the functional classification and traffic capacity of the streets being evaluated. The LRSP recommended a tiered set of
improvements. Highest level tiers included regular
programmatic data collection and updates include speed
surveys and cordon traffic counts. Second tier
recommendations include systemic countermeasures such
as traffic signal installation, conversion to all way stop control, regular sign and pavement marking upgrades, and pedestrian and bicycle safety improvements. Third tier
recommendations addressed improvements at specific intersections and roadway segments that ranked as very high-risk. The second and third tier recommended countermeasures conformed with Caltrans’ HSIP fund eligible measures in the current Local Roadway Safety Manual.
Personnel: James Daisa, Rob Kilpatrick, Trisha Ocasio
Agency: City of Adelanto
Contact: Jessie Flores, City Manager
Role: Prime Consultant
Main Street and Sultana Street/Timberlane Avenue Traffic Signal, Hesperia, California Scope: DEA is providing environmental clearance and civil design services to construct a new traffic signal, striping, and civil improvements at the intersection of Main Street and Sultana Street / Timberlane Avenue in the City of Hesperia. The project includes the construction of a new traffic signal, roadway widening to accommodate left-turn pockets, curb and gutter, sidewalks, curb ramps, crosswalks, and lighting. The construction of the proposed improvements will enhance the safety of pedestrians walking along and crossing the roadways at the intersection, in addition to providing better movement of vehicular traffic through the intersection.
Personnel: Rob Kilpatrick
Agency: City of Hesperia
Contact: Tina Souza
Role: Prime Consultant
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 21
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City of Gardena TRAFFIC ENGINEERING
South Highland Avenue at Mango Avenue Traffic Signal Project, Fontana, California Scope: This intersection was unsignalized and the T-intersection meets South Highland Avenue within a horizontal curve. The project proposes to signalize this intersection while constructing minor improvements including the construction of curb access return ramps to ultimate locations determined by the Circulation Master Plan, curb and gutter, and an asphalt concrete transition to the existing asphalt concrete pavement.
Several proposed street realignment alternatives were studied to add a westbound left turn lane and avoid intrusion into Caltrans right of way. The City also intends to install fiber optic interconnect cable and conduit along South Highland Avenue from Highland Village Center to Mango Avenue to eliminate a gap in the existing infrastructure. Services included field investigation, utility research, sight distance analysis, street realignment study, street improvements, signing and striping, traffic signal, coordination with SCE, signal communication, street lighting, shop drawing review, and construction support.
Personnel: Marie Marston
Agency: City of Fontana
Contact: Gia Kim
Role: Prime Consultant
Traffic Reclassification Study for Santiago Canyon Road, Jeffrey Road Extension and Black Star Canyon Road, Orange County, California
Scope: The County of Orange desired to amend the County’s Master Plan of Arterial Highways (MPAH) to reclassify a portion of Santiago Canyon Road, delete the proposed Jeffrey Road Extension from SR241 to Santiago Canyon Road, and delete the Black Star Canyon Road from Silverado Canyon Road to the Orange/Riverside county line. These three projects are located in rural areas and their development would have significant traffic and environmental impacts in the area. To make these amendments required the preparation of a traffic study to evaluate current traffic conditions for these roads and compare current designations to proposed MPAH Amendment for 2040 traffic conditions.
The project involved coordination with numerous cities including Irvine, Orange, Lake Forest, and Tustin as well as Caltrans and OCTA. Two separate analyses were performed including a focused analysis for purposes of identifying the localized impacts of the MPAH downgrades on the adjacent roadway system. The second analysed included a wider study area requested by the City of Irvine to determine potential impacts within the North Irvine Transportation Mitigation (NITM) program area. MPAH analysis was prepared for existing year 2016 and cumulative year 2040. Intersection level of service analysis was performed for 33 intersections. Arterial roadway level of service analysis was performed for 382 arterial roadway segments.
It was determined under post-2035 with project conditions the project would result in one impact at one intersection - Bake Parkway at Jeronimo Road. DEA identified mitigation measures for the intersection were determined along with concept sketches and cost estimates prepared.
Personnel: Marie Marston
Agency: County of Orange
Role: Prime Consultant
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 22
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SECTION 6. REFERENCES
Provided below are references from public agency clients for whom similar services have been provided within the past five years.
City of Inglewood
One Manchester Boulevard
Inglewood, CA 90301
Louis Atwell, Assistant City Manager
310.412.5333 | [email protected]
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dave Webb, Public Works Director
949.644.3309 | [email protected]
City of Glendale
633 E. Broadway Room 204
Glendale, CA 91206
Armen Avazian, PE, ENV SP, Principal Civil Engineer
818.937.8246 | [email protected]
City of Burbank
275 E. Olive Avenue
Burbank, CA 91502
David Null, PE, MASCE
818.238.3946 | [email protected]
City of Palmdale
38300 Sierra Highway
Palmdale, CA 93550
Lynn Glidden, Civil Engineer
661.267.5315 | [email protected]
City of Ridgecrest
100 W. California Avenue
Ridgecrest, CA 93555
Travis Reed, City Engineer
760.499.5082 | [email protected]
City of Victorville
14343 Civic Drive
Victorville, CA 92393
Fredy Bonilla, Assistant City Engineer
760.955.5170 | [email protected]
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Tony L. Wang, PE,TE, PTOE, Traffic Engineering
Manager
714.961.7170 | [email protected]
City of Temecula
41000 Main Street
Temecula, CA 92590
Nino Abad, Senior Civil Engineer
951.694.6411 | [email protected]
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SECTION 7. FEE SCHEDULE
Rates Effective through February 28, 2025*
EMPLOYEE POSITION / TITLE HOURLY RATE
Principal In Charge $345.00
Project Manager $250.00
Senior Traffic Engineer $235.00
Project Engineer (Civil or Transportation) $220.00
Senior Design Engineer $165.00
Design Engineer $150.00
Junior Engineer (Civil or Transportation) $130.00
CAD Technician $100.00
Project Assistant / Project Coordinator $135.00
Administrative / Clerical / Project Accountant $115.00
DIRECT COST UNIT AMOUNT
Parking each Per receipt
Mileage mile Per IRS rate
Courier/Mail each Per receipt
Copying B&W each $0.12
Copying Color each $0.90
Printing Services each Per receipt
1. Client shall pay the costs, plus 15%, for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services incurred on Client’s behalf.
2. Mileage will be charged at the current IRS rate.
3. Authorized overtime will be charged at 1.5 times the above
4. Not all labor classifications are shown.
*rates subject to annual increase estimated at 3-5% escalation.
NOTES:
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 24
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SECTION 8. RESUMES
James M. Daisa, TE | Contract Manager
DEA’s proposed Project Manager, James Daisa, TE, is a traffic engineer registered in the State of California. Jim has over three decades of experience in managing multimodal transportation planning and traffic engineering projects for public agencies. His emphasis has been on the operations and conceptual design of context sensitive and complete streets, large scale safety studies, and transportation planning / traffic operations around transit stations and within transit corridors. This emphasis requires expertise in geometric design, traffic operations, systemic safety analysis, active transportation planning, environmental analysis, and stakeholder and community outreach. Jim’s experience in designing safe multimodal streets has led to authoring engineering design guidelines for streets and transit facilities for institutions (ITE and the FHWA), transit agencies (FTA, OCTA, AC Transit) and municipalities across the United States. More locally, his conceptual design experience and implementation of safety programs has resulted in a thorough knowledge of applying the standards and guidelines in the California Manual on Uniform Traffic Control Devices (CA MUTCD), the Caltrans Highway Design Manual, the Local Roadway Safety Manual (LRSM), and other State guidance.
Jim has been managing transportation projects since 1990 and has been fortunate to learn and practice a spectrum of management approaches and project control tools through working at small and large global consulting firms over his career where lessons learned, and successes have allowed Jim to develop a management skillset that best satisfies his clients.
Project Experience:
Village Specific Plan Circulation and Parking Elements, Town of Apple Valley, California Brightline West Apple Valley to Las Vegas High Speed Train Station, I-15 / Dale Evans Parkway Interchange Traffic Operations Analysis Report (TOAR) and Intersection Control Evaluation Study (ICE), Apple Valley, California
Jim served as project manager for the studies required by Caltrans to evaluate reconstruction of an I-15 interchange to accommodate the Brightline West High Speed Train track alignment and station platform. The TOAR encompasses near and long-term traffic operations analysis of I-15 and local streets. The ICE evaluated the interchange ramp termini for all-way stop, roundabout, and traffic signal control strategies. The ICE included a benefit / cost evaluation and a safety analysis to show predicted crash frequency and severity for each alternative using SPICE (Safety Performance for Intersection Control Evaluation) and methods from the Highway Safety Manual (HSM).
North 12th Complete Street / LRT Line Preliminary Engineering, City of Sacramento, California Jim managed part of a multi-disciplinary team to prepare preliminary engineering for a proposed cycle track on North 12th Street from Richards Boulevard to Eighth Street. On the opposite side of North 12th Street is SacRT’s bi-directional Blue Line LRT. His role included traffic forecasting, traffic operations, identifying basis for specialized traffic signal and bi-directional LRT / cycle track design, and first/last mile and ADA access, Crime Prevention Through Environmental Design (CPTED) strategies, and layout for the four LRT stations and bus stops with the improved segment.
Speed Zoning and Engineering Survey for Establishing Speed Limits, Adelanto, California Jim was the project manager to prepare the mandatory update to Adelanto’s citywide speed limit zoning. DEA surveyed and recommended new speed limits for seventy street segments covering every major corridor in Adelanto in precise accordance with the requirements of the California Vehicle Code and the California Manual on Uniform Traffic Control Devices. Defensible and enforceable speed limits require following a rigid protocol of data collection (including radar speed surveys and comprehensive field reviews of each speed zone), an Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 25
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analysis of collisions in each zone to determine if crashes could be reduced through a change in the speed limit, and identification of conditions not readily apparent to drivers in order to adjust speed limits to maximize driver safety while avoiding creating a regulatory environment that the prudent driver would find unreasonable.
State Route 4 / Bailey Road Pedestrian and Bicycle Improvement Plan, Contra Costa County, California Jim served as Project Manager for the transportation element of this active transportation plan to connect an under-served community to the Bay Point BART Station. The result of the conceptual design effort is a plan for the corridor that fulfills the community's desire for Bailey Road to be safer for all modes of travel, and more walkable, bikeable, transit-oriented, and visually attractive. Essential features of the plan included reallocation of the right-of-way to accommodate up to 20-foot wide ADA compliant sidewalks with buffer zones between the curb and sidewalk; buffer zones planted with street trees; six-foot-wide bike lanes on both sides for the full length of the project; complete removal of one freeway loop off-ramp where bicyclists conflicted with uncontrolled traffic exiting State Route 4, an associated merge lane, and an undesirable pedestrian tunnel; re-configuration of another freeway loop off-ramp to a signalized T-intersection and removal of merge lane onto Bailey Road; narrower travel lanes which were excessively wide; safety enhancements and amenity improvements at important pedestrian crossings including the regional Delta De-Anza Trail crossing and bus stops at major intersections.
Transit Supportive Design Guidelines (TSDG), Orange County Transportation Authority (OCTA) Jim managed an international multidisciplinary team of transportation professionals to modernize and expand OCTA’s bus stop safety and design guidelines into a comprehensive planning and engineering design resource for creating transit supportive places and transit facilities within OCTA’s network of bus routes, train stations, multimodal hubs, and the OC Streetcar system. The TSDG was developed into two primary elements: the planning part presents the fundamental principles and current best practices for designing communities that support transit and the design part presents detailed engineering design guidance for OCTA’s facility types including bus stops, transit centers, and park and ride centers. The design guidelines and best practices and innovative methods for first/last mile access to transit for pedestrians, bicycles and the disabled, transit priority measures, and passenger safety and security, along with new perspectives on the traditional engineering guidance for boarding areas, vehicle operations, roadway geometric design, lighting, and amenities.
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Sean Haeri, PE, TE, CPM | Principal-in-Charge
Sean is an experienced principal, self-motivated, high performer, and actionoriented with strong administrative and technical abilities. His responsibilities require effective communication and collaboration with executive and governmental audiences, other departments and outside organizations as well as providing coaching, strategic-thinking, technical and administrative staff support. Sean is a proven leader with over 30 years of professional experience in city government; as well as, 22 years of academic background as a college professor in project management, program development and management information systems.
Project Experience:
Leichty Middle and Neighborhood Elementary
Schools Safety Improvement Project, and Active
Transportation Project, Los Angeles, California
Sean is serving as project manager for this active
transportation projects to help students gain access
from their homes to the middle school and elementary
schools in their neighborhood.
Sepulveda Boulevard Widening and Renovation
Project, Los Angeles, California
The scope of this project included widening of
Sepulveda Blvd. to include three full time lanes and
an additional 10 foot space for full-time on-street
parking. Also, based on extensive public outreach
efforts, elements of streetscape and sidewalk
improvements were added to the scope, to meet the
community’s requirement of creating an esthetically
pleasing and pedestrian friendly corridor through this
Westchester commercial district. Sean’s role as the
Project Manager was to oversee and participate in all
public outreach meetings, work with the community
members to develop an acceptable design concept,
and oversee the design and implementation of the
project. Sean’s ability to work collaboratively with the community contributed to the success of this project
and the buyoff of the Westchester stakeholders.
Lincoln Boulevard Light Rail/Bridge Project, Los
Angeles, California
This project is to remove the existing bridge on
Lincoln Blvd. over Ballona Creek and replace it with
a new and modern bridge, twice as wide. Currently,
this bridge is a bottleneck along Lincoln Blvd. where
northbound lanes have to merge before the bridge,
there are no Pedestrian Sidewalks or bike lanes
across the bridge. This project will create continuity in both the pedestrian and bikeway facilities in addition
to additional travel lanes to remove the existing
bottleneck. The project also provides enough width for
the future center-running Light Rail which is part of the Westside Mobility Study’s proposed complete streets
program. Sean's role in this project was to initiate
the concept, design the layout, secure funding and
oversee the environmental impact studies for both
CEQA and NEPA clearances.
Bridge Replacement – Culver Boulevard at
Lincoln Boulevard, Los Angeles, California
This project is to remove the existing bridge on Culver Blvd. over Lincoln Blvd. and replace it with a new
and modern bridge, which has a much wider space
between its footings to accommodate the widening
of Lincoln Blvd. passing below. Currently, this bridge
brackets the Lincoln Blvd. where northbound lanes
have to merge before the bridge. This project will
also provide both pedestrian and bikeway facilities
in addition to additional travel lanes. The project will accommodate additional widening of Lincoln Blvd.
for the future center-running Bus Rapid Transit which
is part of the Westside Mobility Study’s proposed
complete streets program. Sean’s role in this project
was to initiate the concept, design the layout, secure
funding and oversee the environmental impact studies
for both CEQA and NEPA clearances. Due to the
history of this project and the oppositions it had faced in the past, Sean sought input and comments from the
Coastal Commission and the Wetlands Conservancy
Group before initiating any work. This ground-work
was necessary to gain the support of these entities,
for the eventual success and approval of this project.
Sean’s due-diligence and advance collaborative work
on this project, led to the approval of $1.5million for the EIR/EIS studies, currently underway, by the City
Council.
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Marie Marston, PE, QSD/P | QA/QC
Marie has over 40 years of professional civil engineering experience. Her background includes general infrastructure and public works improvement projects including streets, site improvements for commercial and public facilities, hydrology and storm drains, right-of-way engineering, utility modifications, grading, retaining walls, as well as providing funding applications assistance. Her experience covers projects from inception to completion including project and program management, planning, design, and construction.
Project Experience:
I-15 / Cajalco Road Interchange Reconstruction,
Corona, California
Marie served as project manager for the drainage
and Storm Water Data Report (SWDR). The City of
Corona proposed the reconstruction of the existing
modified diamond interchange to a partial cloverleaf
interchange. DEA was responsible for the final
engineering (PS&E) for all drainage and stormwater
improvements for the interchange project. The project
included construction of a new overcrossing bridge
for Cajalco Road, reconfiguration of all four existing
ramps, and the addition of a new northbound loop
on-ramp. The reconfiguration of the northbound
off-ramp required construction of a bridge over
Bedford Wash. The tasks included preparation of a
SWDR, the Bedford Wash Bridge Hydraulics Report,
hydrology and hydraulic studies, the drainage report,
drainage plans, estimates and specifications. Marie
also assisted with engineering services during
construction.
Street Reconstruction Project, Zone G, Lomita,
California
As project manager, Mare provided design services
for this street reconstruction consisting of 20 street
segments for a total of 2.35 miles. The project
proposes removal and replacement of existing asphalt
concrete pavement, removal of unsuitable base
material, new base preparation, milling for specified
areas, and asphalt concrete overlay. It also includes
construction of 36 curb ramps to meet ADA standards.
The project was divided into two bid sets with four
phases to accommodate a separate waterline project
the City is planning. The 26 plan sheets consisted of
title, typical sections, layouts, curb ramp details, and signing and striping plans. Some streets are planned
for cold milling and overlay while others are planned
for complete structural section replacement.
Alicia Parkway and Marina Hills Drive Pavement
Rehabilitation Project, Laguna Niguel, California
As project manager Marie prepared final design
PS&E for street rehabilitation on Alicia Parkway
from Highland Avenue to Crown Valley Parkway and
on Marina Hills Drive from Niguel Road to Golden
Lantern. The two projects were prepared with three
separate bid packages – two for Alicia Parkway and
one for Marina Hill Drive. Alicia Parkway is a six-lane roadway with sidewalks and landscaping. A total of
16 sheets were prepared for the two Alicia Parkway
bid sets including title, typicals, curb ramp details for 14 curb ramps, layout, signing and striping, and traffic signal modifications.
SR-210 / Pepper Avenue Interchange, Rialto,
California
Marie served as project manager responsible for the
preparation of a combined PSR/PR, an environmental
document, and PS&E for a new diamond interchange
on SR-210 and extension of Pepper Avenue. The
project included development of geometrics and
geometric approval drawings, a detailed traffic
impact analysis including forecasting and modeling,
preparation of a combined Project Study Report/
Project Report, fact sheets for exceptions to
both advisory and mandatory standards, utility
modifications to existing and planned facilities,
risk analysis, surveys, right of way engineering
and acquisition, a traffic management plan, stage
construction plans, three new signals, drainage and
storm water data reports, location hydraulic and
summary floodplain encroachment report, landscape
architecture, geotechnical investigation and study,
hazardous materials investigation and study,
preparation and coordination of technical studies
leading to an environmental document meeting CEQA
and NEPA requirements, and mitigation measures for
sensitive species protection during construction.
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 28
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
Robert Kilpatrick, PE, TE | Traffic Engineer / Grant Writer Rob has 39 years of civil and transportation engineering experience. His areas of expertise include streets, transportation services, traffic impact analysis, traffic signal design, and traffic operations. During his career, he has completed more than 80 traffic studies for various agencies throughout Southern California. His traffic signal modification experience includes designing more than 60 signals for intersections located across the Southland.
Rob has presented many projects to city planning commissions and city council meetings. Having served as principal engineer and project manager, Rob's technical proficiency and effective management skills add value to every project.
Project Experience:
Civic Center Complete Streets ATP Application
and PA/ED Approval, Palmdale, California
Rob served a project manager and prepared the ATP
Application and conducted the PA/ED approval work
for the Complete Streets project in the Civic Center
area of the City of Palmdale. Improvements proposed
consist of implementing a “Complete Streets” element
that includes crosswalk enhancements, bulb-out
crossings, new Class II bike lanes, mini-roundabouts,
sidewalk gap closures, ADA-compliant curb ramps,
and upgraded traffic control devices. DEA’s designs
were used in the ATP application, which resulted
in a $1.7M ATP grant for the PA/ED, PS&E and
construction phases of the project.
Traffic Signal Installation, China Lake Boulevard
and Rader Avenue, Ridgecrest, California
Rob was project manager for this project that involved
the installation of a traffic signal at the intersection of China Lake Boulevard and Rader Avenue. He
led the team providing traffic engineering services
and construction management. The project’s scope
also included a traffic warranty study, Caltrans local
assistance, preparing bid documents, and assisting
with the bid process. Extensive coordination with the
City and Caltrans were undertaken by Rob.
Active Transportation Plan (ATP) Grant
Application and Preliminary Engineering,
Palmdale, California
Rob served as the project manager for two ATP
grant applications which included preliminary plan
design for traffic calming and sidewalk improvements.
An application was prepared for “Complete Street”
improvements on Avenue R from Sierra Highway
to 25th Street East. Elements in the plans make
provisions for improved pedestrian, bicycle, and bus
turnouts (transit) for the roadway.
Multi-Jurisdictional Safe Route to School ATP
Application, Victorville, California
Rob served as the Project Manager in the site
investigation, preliminary engineering, and cost
estimates for Safe Routes to School projects at
six elementary and middle schools in the Victor
Elementary School District, and four schools in the
Adelanto Elementary School District. The project
involved the coordination with the Victor Valley Safe
Route to School Task Force Committee, which is
made up of representatives of all of the Victor Valley
schools. Proposed improvements developed as a
part of the project included bulb-outs, sidewalk gap
closures, and speed feedback signs.
Barstow Road (SR 247) and Rimrock Road – HSIP
Grant Application and Design of Intersection
Improvements, Barstow, California
Rob was the project manager for this City of Barstow
project to provide engineering for modification of the
traffic signal at the intersection of Barstow Road (SR
247) and Rimrock Road. The project was funded
by a Caltrans HSIP grant for which DEA prepared
the application. DEA prepared the intersection/ADA
ramp improvement plans, traffic signal modification
plan, signing and striping plans, cost estimates, bid
documents, and utility coordination. In addition, DEA
prepared the environmental approvals, processed
the Caltrans Encroachment Permit, and assisted
the city with their preparation of the Request for
Authorization (E-76) forms for approval by Caltrans.
and construction phases of the project.
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 29
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
Eddie Guerrero, TE | Traffic Engineer
Eddie is an experienced manager, self- motivated, high performer and actionoriented with strong administrative and technical abilities. He is a proven leader with over 30 years of professional experience in city government where he excelled in delivering dozens of multi-modal and multidisciplinary capitalintensive projects. Eddie is well versed in the current state directives required for transportation analysis with respect to the new SB743 VMT performance metric and the impact threshold guidance published by the Office of Planning and Research as well as the myriad of Transportation Demand Management strategies that have been quantified as the means for achieving the goals of SB743.
Project Experience:
Inglewood Transit Connector (ITC) Project Traffic
Impact Analysis and Event Management Peer
Review, Inglewood, California
DEA is providing peer review verification of traffic
impact analysis determinations and developing
alternative mitigation for potential adverse conditions scenarios. DEA traffic engineers are also providing
peer review of Traffic Management Operation Plans
and developing alternative access management
scenarios to minimize peak traffic queuing conditions
and intrusion to nearby residential communities.
Lincoln Boulevard Multimodal Transportation
Improvement Project, Los Angeles, California
Eddie served as the Project Manager, responsible
for coordinating this multi-jurisdictional project
that included buy-in from the California Coastal
Commission, California Department of Fish and
Wildlife and the Ballona Wetlands Restoration
Group in addition to various other County and State
agencies. As the project manager, Eddie guided all
aspects of the environmental review process for the
project EIR/EIS, which included a very complex rightof-way review to accommodate the new roadway alignment for the bridge expansion.
North Hollywood (NOHO) to Pasadena Bus Rapid
Transit (BRT) Project, California
Eddie served as project manager for this complex
mass transit project that crosses four jurisdictions,
including the Cities of Burbank Glendale and
Pasadena. The western terminus of the project
is located in the Los Angeles community of North
Hollywood which required significant multi-modal
coordination to ensure the successful integration of
bicycle and pedestrian access connections with the
Metro Orange Line. Before reaching the project’s
eastern terminus in Pasadena, the project traverses
the Los Angeles community of Eagle Rock where the
project will re-configure the mixed flow operation to
create a dedicated bus-lane. To ensure appropriate
consideration of this proposal, Eddie directed the
detailed traffic analysis that included an extensive
traffic diversion review.
Los Angeles Westside Mobility Plan, California
Eddie served as the project engineer for this
program that required a multi-disciplinary team of
consultants and City staff to develop a long-term and
comprehensive mobility plan for the Westside of Los
Angeles, to promote increased transit, pedestrian
and bicycle usage, along with first/last mile gap
closures initiatives and parking policies. The project
is intended to serve as a catalyst to promote the
actions needed to implement a wholistic mobility
blueprint for all modes of travel including a thorough
evaluation of several potential north/south light rail
corridor connections which currently is non-existent
west of the I-405 freeway. To properly develop the
Plan the project required a significant outreach effort stretching across multiple Los Angeles communities
as well various public agencies including Santa
Monica, Culver City, Caltrans and LA County Metro.
To ensure that all stakeholders were provided ample
opportunity to submit input, the project executed a
broad outreach plan that included multiple project
workshops at various venues throughout the project
area. The plan also included the updating of two
transportation impact assessment fee programs that
serve to provide seed-money funding for proposed
plan projects that will require regional funding to
implement. Updating the fee program required an
extensive nexus analysis to ensure that the cost to
implement the Plan’s regional projects program would
be distributed equitably through the fee program.
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 30
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
Lisa Candelaria, PE | Engineer
Lisa has 18 years of expertise in traffic engineering design and analysis.
Her proficiency in traffic engineering and analysis is comprehensive and encompasses a wide range of critical aspects, including corridor planning and analysis, level of service operational analysis, capacity analysis, trip generation and assignment, and crash analysis. Her skills encompass a wide range of aspects including intersection, signal, and multimodal improvements.
Project Experience:
Parker Road/Quincy Avenue/Smoky Hill Road
Intersection Improvements, Aurora, Colorado
DEA conducted a study of the Parker Road and
Quincy Avenue intersection to identify improvements
for the multimodal transportation system with nearterm, fundable solutions. Recommendations focused on the intersection lane configurations and phasing,
plus new and improved sidewalk/trail connections.
Following the study, DEA supported the city with
a successful application for DRCOG TIP funding.
DEA is currently completing the design and NEPA
documentation, including coordination with the CDOT
Local Agency unit.
Vasquez Blvd. I-270 to 64th, Commerce City,
Colorado
DEA is providing environmental, traffic, and design
services for Vasquez Boulevard between I-270
and 64th Ave. The work includes advancing shortterm safety and operational improvements from the Vasquez Boulevard PEL Study, including an
alternatives analysis prior to starting early NEPA
activities.
Mineral Mobility Improvements, Littleton,
Colorado
The goal of this project is to improve multimodal
access in and around the area of the Mineral Light
Rail Station. The project included examining existing
conditions, developing/screening alternatives, and
then selecting and designing the preferred concept.
Throughout the project, we integrated feedback from
the focus group and public engagement to refine
recommendations. We applied our knowledge from
design projects within the planning process to identify potential issues within the conceptual design phase to
prevent rework in the design phase. Recommended
concepts included a protected intersection, trail
improvements, protected bike lanes, improved trail
crossings, and intersection improvements. The project
is being phased utilizing multiple funding sources to
meet funding requirement deadlines while preparing
for ever-increasing construction costs.
US 40/Colfax Avenue Complete Streets, Golden,
Colorado
DEA is performing planning and design services
to improve pedestrian, bicycle, and regional
transportation connectivity along US 40. The project
includes developing and screening multimodal
alternatives, safety and traffic analysis, the final
design of a preferred alternative, compliance with
CDOT Local Agency requirements, and public
outreach. The goal is to identify optimal connectivity
for all modes while limiting right-of-way and other
impacts. DEA is working with the City to identify nearterm multimodal improvements and providing data, analysis, and information for concurrent efforts to gain additional funding for long-term multimodal facilities
via grant application opportunities.
32nd Avenue Multimodal Improvements, Wheat
Ridge, Colorado
DEA is contracted with the City of Wheat Ridge to
provide professional design services for improving
bicycle connectivity along 32nd Avenue underneath
the I-70 bridge. DEA is currently working with the
city to analyze and develop the new bicycle facilities
considering on-street vs. off street options, cross
section and lane modifications requiring relocation
of curb and gutter, impacts to existing walls and
structures, utility impacts, pedestrian lighting
improvements, and bike signal detection. Project
tasks include public information, data collection,
environmental clearances and CDOT permitting,
development of alternatives, design phase services,
cost estimating and bidding assistance.
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 31
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
Abigail Hartman, EIT | Civil Designer
Abigail is an engineering designer with experience in both public and private works projects. In addition to Civil 3D drafting and design principles, Abigail possesses applicable knowledge of and work experience in CPM scheduling and planning, earned value concepts, SOV generation, materials sourcing, proposal and take-off generation, general contracting, survey mapping and survey data processing, and safety program implementation.
Project Experience:
Neighborhood Safety Project, Twentynine Palms,
California
DEA was selected to provide design services for
traffic safety improvements including intersection
pavement marking upgrades and installing advance
flashing beacons for a project area encompassed by
three residential neighborhoods. The project includes
slurry seal, traffic signing and striping, pavement
markings, design for 12 new flashing beacons, and
traffic control plans to facilitate construction of the contemplated improvements Abigail provided drafting
services and cost and quantity estimates.
Diaz Road Expansion, Temecula, California
Abigail has provided AutoCAD drafting services
as well as project scheduling for the Diaz Road
Expansion project. Under a contract with the City of
Temecula, DEA engineers are currently preparing
plans, specifications, cost estimates (PS&E), and
related planning, environmental and right-of-way
documents to improve Diaz Road. In addition to
extending Diaz Road, the project will also include
improvements to existing segments of the road,
including widening and modification to medians,
sidewalks, drainage and traffic signals.
Main St. & Sultana St. / Timberlane Ave. Traffic
Signal, Hesperia, California
Abigail provided engineering design and drafting for
a new traffic signal and other improvements at the
intersection of Main St. & Sultana St. / Timberlane
Ave. The project includes the construction of a new
traffic signal, roadway widening to accommodate leftturn pockets, curb & gutter, sidewalks, curb ramps, crosswalks, and lighting. The construction of the
proposed improvements will enhance the safety of
pedestrians walking along and crossing the roadways
at the intersection, in addition to providing better
movement of vehicular traffic through the intersection.
Various Street Improvements, Los Angeles,
California
Abigail provided engineering design, drafting, and
quantity and cost estimating on the Elden Elms
STI and TRA Improvements. The project design
included the evaluation of existing pedestrian corridor compliance with ADA and the addition of curb
extensions, parkway improvements, and curb ramp
design. The final design included civil engineering
plans, specifications, and engineer’s cost and quantity estimates. The final PS&E is in accordance with the
City standard design documents and manuals.
Jefferson Boulevard Complete Streets, Los
Angeles, California
Abigail provided drafting support for this project
in the City of Los Angeles. DEA is preparing the
construction plans for 1 mile complete street corridor
improvement, which include street, sidewalk,
curb ramp, lighting, landscaping, and other street
improvements. Responsibility includes delivering civil
engineering plans and profiles, landscape architecture
plans, traffic signal and striping plans, construction
specifications, bid documents, and engineering cost
and quantity estimates.
26-20th Street West Traffic Study, Lancaster,
California
DEA prepared the signing and striping plans for
the proposed street improvements on 20th Street
West along the project frontage. This included
the preparation of the geometric layout for the
proposed median improvements and striping.
This was prepared for review and approval by the
City of Lancaster Engineering Department prior to
the preparation of the final plans. The plans were
prepared in accordance with the City of Lancaster
and CA MUTCD requirements. Abigail assisted with
updating the signing and striping plan for submittal.
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 32
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
Aaron Scott, PE | Traffic Engineer
Aaron has nine years of experience in traffic analysis and engineering design.
He brings a strong background in solving complex roadway conditions through traffic analysis that leads to comprehensive design. He has expertise in demand modeling, utilizing the DRCOG Compass and FOCUS models, and has experience reviewing and making changes to the DRCOG model land use dataset and transportation network, as well as post-processing model output to develop reasonable daily and peak hour turning movement traffic forecasts.
Aaron provides design support for construction traffic control plans, traffic signals, and signing and striping.
Project Experience:
Chambers Road over Sand Creek Bridge
Rehabilitation/ Repair, Aurora, Colorado
Aaron is serving as traffic engineer for the
rehabilitation/repair to the Chamber Road Bridge over
Sand Creek structure in Aurora, Colorado. Due to
continued growth in the surrounding area, it is critical that the existing bridge structure be rehabilitated
to ensure safety and structural integrity. Structural
repairs include but are not limited to bridge rail
rehabilitation, girder spall repairs, joint replacements, and girder end repairs. DEA’s scope for this federally
funded project includes close coordination with the
Colorado Department of Transportation (CDOT),
structural design, construction traffic control,
stormwater management plans, and environmental
permitting.
8th Over South Platte River Bridge Replacement,
Denver, Colorado
Aaron served as a traffic engineer on this project. His tasks included signing and striping design on West 8th
Avenue, as well as bike detour plans for construction
and a signal design at 8th Avenue and Zuni Street.
This bridge provides an essential connection for local
and regional multimodal traffic accessing the east and
west sides of the South Platte River in the area.
High Line Canal Trail Underpasses Preliminary
Design, Southeast Denver, Colorado
Aaron served as traffic engineer on this project.
His tasks included traffic control signing during
construction and determining traffic control devices.
This TIP-funded project includes a new trail
connection and two pedestrian/bicycle underpasses.
The underpasses are expansive box culverts that
accommodate paved pedestrian/bicycle trails.
Between the two underpasses, a new trail segment
was built within the historic Wellshire Golf Course.
2019 Bike Lanes Package 4, Denver, Colorado
DEA is completing this project as part of CCD’s
next phase of the bikeway project implementation.
The project consists of bike lanes and buffered bike
lanes associated with 2020-2023 paving operations.
Our team started with collecting existing conditions,
including parking utilization, traffic counts, speed,
and current bike facilities to inform alternatives.
After confirming the selected cross section for each
segment, we developed signing and striping plans.
This project involved concurrent management
of 8 individual projects, all with different scopes,
schedules, and expectations. As the program needs
evolved, Velvet worked closely with the CCD PM to
adjust schedule and sometimes even scope to deliver
the projects on time.
Americans with Disabilities Act Ramp Compliance
Verification Program, Denver, Colorado
Aaron collected data in the field to verify that
constructed sidewalk ramps conformed to Americans
with Disabilities Act (ADA) specifications.
Santa Fe Planning and Environmental Linkages
Study, Colorado
DEA is leading alternatives evaluation and conceptual
design tasks to assess existing conditions and
develop and evaluate alternatives for transportation
improvements for an 11-mile stretch along Santa Fe
Drive between C-470 and I-25. DEA is working with
the corridor agencies on the development of corridor
concepts to move forward through the evaluation
process. Aaron served as traffic engineer.
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 33
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
Trisha Ocasio, EIT | Traffic Designer
Trisha has 10 years of experience that includes trip generation, manual trip distribution, forecast model post processing, capacity analysis calculations, queuing analysis, weaving analysis, roadway segment analysis, and site access analysis. She has experience with Synchro plus SimTraffic 11 Signal Timing and Analysis Software developed by Trafficware as well as Sidra Intersection 7.0 developed by Akcelik and Associates Pty Ltd. She has experience with the Caltrans Traffic Operations Policy Directive #13-02 Intersection Control Evaluation, traffic signal warrants, and multi-way warrants.
Her areas of expertise include traffic impact studies, intersection control evaluations, hot spot identification, and traffic safety analysis.
Project Experience:
Traffic Engineering Services for Citywide
Engineering and Traffic Survey, Yorba Linda,
California
Trisha assisted with the speed zone study and
preparing figures for the establishment of speed
zones citywide. Her involvement included reviewing
radar study data, researching crash data, and
reviewing MUTCD standards. DEA’s objective for this
project is to provide the City with an Engineering and
Traffic Survey Report that meets the requirements
defined in California Vehicle Code 627, and 40802,
and in accordance with the guidelines presented
in the California Manual of Traffic Control Devices
(CAMUTCD).
Dockweiler Extension, Santa Clarita, California
Trisha provided traffic engineering design for the
Dockweiler extension project which included a new
at-grade crossing at the Metrolink and Union Pacific
rail road corridor. The project included approximately
1-mile of new roadway as well as the closure of the
at-grade crossing at 13th Street. The design team
developed the Project Study Report Equivalent
(PSRE) and Environmental Document. Coordination
with both Metrolink and the California Public Utilities Commission was key to obtaining the crossing
improvement approvals.
Jamboree Road Widening, Irvine, California
Trisha provided traffic design for this roadway
widening project on Jamboree Road between the
I-405 northbound on/off rams and Kelvin Avenue.
This eight lane major arterial roadway was widened
to add a fifth northbound and southbound lane to
accommodate increased traffic due to adjacent
commercial development. DEA’s land surveying group
provided topographic design surveying, right-of-way
mapping, and legal descriptions for the project.
Main St. & Sultana St. / Timberlane Ave. Traffic
Signal, Hesperia, California
Trisha provided design and drafting for a new traffic
signal and other improvements at the intersection of
Main St. & Sultana St. / Timberlane Ave. The project
includes the construction of a new traffic signal,
roadway widening to accommodate left-turn pockets,
curb & gutter, sidewalks, curb ramps, crosswalks,
and lighting. The construction of the proposed
improvements will enhance the safety of pedestrians
walking along and crossing the roadways at the
intersection, in addition to providing better movement
of vehicular traffic through the intersection.
Bear Valley Road Bike Path, Apple Valley,
California: (Staff Engineer)
Trisha assisted the team in the preparation of final
improvement plans for construction of a new Class
1 Bike Path on the north side of Bear Valley Road,
from Reata Road to the upper Victor Valley College
campus. The bike path is proposed to be adjacent to
the north pavement edge from Reata Road westerly
to Fish Hatchery Road. One segment is separated
by the Mojave River Bridge, which is broken into two
segments. West of Fish Hatchery Road, the bike path
is proposed to traverse up the existing hill along Bear Valley Road from Victor Valley College lower to upper
campus. This hill is approximately 50-feet in height,
and the bike path will be designed in accordance with
the Caltrans Bicycle Transportation Design guidelines
as presented in the Highway Design Manual. Services
include alternative alignment analysis, topographic
mapping, utility coordination, cost estimates, and
preparation of the final improvement plans.
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 David Evans and Associates, Inc. | June 13, 2024 | 34
On-Call Professional Services
City of Gardena TRAFFIC ENGINEERING
APPENDIX
Agreement Exceptions
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 10 | P a g e
SECTION VIII
APPENDIX “A”
Gardena Standard Professional Services Agreement
Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 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 promptly 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 practicing under similar circumstances, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 3
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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 5
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”)Liability Insurance – a policy with minimum limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence claim 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&OProfessional liability insurance during the life of this Agreement and for three years after Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 6
completion of the work hereunder. This policy
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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
endorsementscertificates of insurance to the policies:
a. Additional insureds (applicable to commercial general and automobile liability policies only): “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 to no longer meet the requirements of this Agreement, until thirty (30) days after written notice is given to City.”
c. Other insurance (applicable to commercial general and automobile liability policies only): “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.
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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 selfCommented [JV1]: It is customary for a firm of our size to have a professional liability insurance deductible
larger than $25k.
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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 which may be redacted at the Consultant’s or the Consultant’s insurers’ discretion to protect confidential or proprietary elements of the policies.
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 to the extent caused by and and volunteers arising out of the negligent acts, errors or omissions in 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.
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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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 11
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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 12
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 as it would its own similar information but in no event use less than reasonable care 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, rule, regulation, court order or governmental investigation. Consultant agrees to release such information or material only to employees or Sub-consultants who have agreed to keep the information confidential in accordance with this Agreementsigned a nondisclosure agreement, the terms of which have been previously approved by City. Consultant agrees to implement reasonable 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 Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 13
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 reasonable 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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 15
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 reasonable 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 promptly inform City and shall not proceed, except at Docusign Envelope ID: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 16
Consultant’s
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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 in force during the Services;
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 substantially prevailing party in the legal action shall be entitled to recover reasonable 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: 2423B01D-C565-49F1-BDC3-CE06845E3D12 Consultant Agreement with XYZ Page 19
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
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CITY OF GARDENA
CONSULTANT AGREEMENT WITH
DMS 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 DMS Consultants, Inc., 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:
• General Civil Engineering Design
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: 88E57D7C-28C3-4608-B666-95200498CBE4 Consultant Agreement with DMS 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: 88E57D7C-28C3-4608-B666-95200498CBE4 Consultant Agreement with DMS 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: 88E57D7C-28C3-4608-B666-95200498CBE4 Consultant Agreement with DMS 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.
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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: 88E57D7C-28C3-4608-B666-95200498CBE4 Consultant Agreement with DMS 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: 88E57D7C-28C3-4608-B666-95200498CBE4 Consultant Agreement with DMS 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.
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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: 88E57D7C-28C3-4608-B666-95200498CBE4 Consultant Agreement with DMS 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: 88E57D7C-28C3-4608-B666-95200498CBE4 Consultant Agreement with DMS 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: DMS Consultants Inc.
12371 Lewis Street, Suite 203
Garden Grove, CA 92840
Attn: Surender Dewan
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: 88E57D7C-28C3-4608-B666-95200498CBE4 Consultant Agreement with DMS 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: 88E57D7C-28C3-4608-B666-95200498CBE4 Consultant Agreement with DMS 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: 88E57D7C-28C3-4608-B666-95200498CBE4 Consultant Agreement with DMS 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 – DMS 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: 88E57D7C-28C3-4608-B666-95200498CBE4 Surender Dewan
president
Surender Dewan
Secretary
Exhibit A
Request for Qualifications (RFQ)
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4
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: 88E57D7C-28C3-4608-B666-95200498CBE4
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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 3 | Page
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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 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: 88E57D7C-28C3-4608-B666-95200498CBE4 Exhibit B
Statement of Qualifications (SOQ)
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Statement of Qualifications
On-Call Professional Services
For
General Civil Engineering Design
Presented To:
City of Gardena
Kevin Kwak
Assistant Public Works Director
Public Works Department
1717 West 162nd Street
Gardena, California 90247-3778
Presented By:
DMS Consultants, Inc.
12371 Lewis Street, Suite 203
Garden Grove, California 92840
714.740.8840
June 13, 2024
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4
TABLE OF CONTENTS
COVER LETTER
FIRM QUALIFICATIONS AND EXPERIENCE ................................. 1 KEY PERSONNEL AND EXPERIENCE ........................................... 8 ORGANIZATION CHART........................................................... 11 SIMILAR PROJECTS / SERVICES................................................ 13 REFERENCES ........................................................................... 19 FEE SCHEDULE........................................................................ 21 RESUMES................................................................................ 23 Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 12371 Lewis Street, Suite 203, Garden Grove, CA 92840
June 13, 2024
Kevin Kwak
Assistant Public Works Director
City of Gardena
Public Works Department
1717 West 162nd Street
Gardena, California 90247-3778
SUBJECT: RFQ On-Call Professional Services
General Civil Engineering Design
Dear Mr. Kwak:
DMS Consultants, Inc. is pleased to present our proposal for On-Call Professional Services in the category of General Civil Engineering Design.
Mr. Surender Dewan, President of DMS Consultants, Inc., will serve as the principal point of contact for the City of Gardena’s on-call services. As such, Mr. Dewan would be responsible for the overall scheduling and budget control, and would be available to meet with the City to discuss the projects as required, and shall not be replaced without prior concurrence with the City of Gardena.
In accordance with the requirements set forth in the City’s RFQ, the following statements are provided:
▪ DMS Consultants, Inc. hereby affirms its acceptance and willingness to comply with all of the terms and conditions contained in the sample Consultant Agreement provided, including insurance requirements set forth by the City.
▪ DMS Consultants, Inc. has received and acknowledges Addendum 01, dated June 4, 2024 in reference to the RFQ dated May 2024.
We sincerely appreciate your consideration of our team for inclusion on the City’s approved on-call list of qualified consultants to provide On-Call Professional Civil Engineering Services and we hope that our past experience, record of performance, and sincere interest in working with the City of Gardena will result in a favorable consideration. We look forward to the opportunity of working with you and your staff.
Sincerely,
DMS Consultants, Inc.
Surender Dewan, P.E.
President
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4
FIRM QUALIFICATIONS AND EXPERIENCE
Firm Profile
Project Understanding
Methodology and Project Approach
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Firm Profile
DMS Consultants, Inc. is a California Corporation established in 1994. Our firm provides civil engineering and related services to municipalities, government entities, and private industries throughout Southern California. As a small business, we are committed to personal service, high quality products, close communications, and enduring client relationships. With a staff of registered civil engineers, designers, and surveyors, DMS Consultants, Inc. is uniquely qualified to respond to the diverse needs of our clientele.
DMS Consultants, Inc. is dedicated to technical excellence and high-quality services. A team approach is taken to every project undertaken, with a Project Engineer directing, managing, and acting as the central design figure in the work. Our firm strives to maintain a high level of communication with the client and jurisdictional agencies.
We are acutely aware of the value and importance of providing close individual attention to each project and to working within the constraints of time and budget. We also know that the success of our firm rests clearly on the management, competence, and expertise of our professional staff and team.
DMS Consultants, Inc. has worked with public agencies throughout Southern California for 30 years and have held on-call civil engineering design contracts with the City of Cerritos, City of Costa Mesa, City of Diamond Bar, City of Fountain Valley, City of Fullerton, City of Gardena, City of Irvine, City of La Mirada, City of Newport Beach, City of Norwalk, City of San Dimas, and City of South Gate.
Project Understanding
We fully understand the critical and typically time-sensitive nature of delivering on-call services, and the need to have experienced and committed teams ready to successfully deliver the City’s needs. To successfully accomplish this, our team will provide the following services, 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, rehabilitation.
▪ Preparation of hydrology and hydraulic analysis and reports. ▪ Preparation of WQMP’s, SWPPP’s or related NPDES documents/reports. ▪ Geotechnical 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.
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Knowledge of City, County, State, and Federal Codes and Procedures The professional staff at DMS Consultants, Inc. has built extensive partnership with various local, state, and federal agencies in the planning, funding, permitting, inspecting, and completing a myriad of horizontal and vertical capital improvement and emergency repair projects since the 1990’s. These agencies include metropolitan transit authorities, cooperative local and county public works jurisdictions, the Santa Ana Regional Water Quality Board, South Coast Air Quality Management Board, the California Department of Transportation, the US Army Corps of Engineers, the US Coast Guards, and others.
DMS Consultants, Inc. and its partners have enjoyed 100% success rate in assisting agencies with applying for and securing approvals in program funding requests, design exceptions, reporting requirements, reimbursement requests, and completion audits. These programs included SB1, FTIP, STIP, CTFP, RTSSP, PMRF, OCCSP, HBP, BPMP, 408 Permits, and others.
Quality Assurance and Quality Control
DMS Consultants, Inc. has an established quality assurance and quality control program that we undertake for all our design services. The primary elements include:
▪ Ensure that a quality design has been provided to the City which meets our requirements as well as the City’s.
▪ Verify that a cost effective analysis approach was followed to achieve the City’s specific goals and objectives.
▪ Provide continual assessment and tracking of project schedule. ▪ Retention of documents with highlighted markings and redline comments and verify that required revisions are incorporated into the updated documents.
▪ A peer review will be conducted by our senior professional staff to solicit critical comments and verify correctness.
▪ A complete construction review for constructability and bid ability of the complete PS&E package will be prepared prior to final submittal.
Disciplinary Action Statement
This is to state that DMS Consultants, Inc. has no disciplinary actions taken against our firm nor are any pending.
Insurance
DMS Consultants, Inc. carries general liability, professional liability, automobile liability, and workers’ compensation insurance in the amounts required by the City of Gardena. All requirements set forth by the City will be met and the insurance certificate will be in a format satisfactory to the City Attorney before entering into contractual agreement.
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Methodology and Project Approach - Street Design
DMS Consultants, Inc. will upon receipt of an RFP, prepare and submit a clear and concise scope of work, project schedule, and fee proposal that includes all tasks to successfully complete the contract to the City of Gardena’s satisfaction.
DMS Consultants, Inc. has the ability to provide Civil Engineering services in the following areas:
▪ Plan preparation for street improvements, repair, rehabilitation or other related street improvements.
▪ Plan preparation for traffic signal installations or modifications. ▪ Plan preparation for storm drain, sewer and water improvements, upgrades, modifications, extensions, repair and/or rehabilitation. ▪ Preparation of hydrology and hydraulic analysis and reports. ▪ Preparation of WQMPs, SWPPPs or related NPDES documents/reports. ▪ Preparation of project technical provisions.
▪ Preparation of detailed cost estimates.
▪ Perform mapping and prepare legal descriptions for right-of-way acquisitions, easements, vacations, etc.
▪ Provide construction survey staking.
▪ Provide construction assistance.
▪ Coordination with, and approvals from other permitting agencies and utility companies.
DMS Consultants, Inc. is very familiar with local design policies, standards and procedures for PS&E to meet the City’s budget and schedules. Our general work approach for street improvements are developed from a full understanding of the coordination and development process needed to implement the City’s goals.
The following is a brief description of the tasks anticipated for a typical design for street improvement projects.
DESIGN REVIEW MEETING
▪ In a consultation meeting with the City, the scope of work, funding constraints, procedure and precise limits of the project improvements will be reviewed. Obtain from City existing improvement plans and record maps of the project area.
▪ Meet with City staff on a continuous, as-needed basis throughout the design and construction phases to ensure that work is expeditiously carried out in keeping with City requirements.
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UTILITY COORDINATION
▪ Request initial facility maps from utility companies provided by the City at beginning of project. Plot utility information from utility maps/atlas obtained from utility companies. ▪ Notify affected utility companies at 65% design to ensure that all structures are properly located on the plans. Final plans will be sent to each affected company prior to bidding of the work along with notification of when work is anticipated to begin. A copy of all correspondence with utility companies will be provided to the City.
PAVEMENT ANALYSIS
▪ Obtain the services of the subconsultant, GMU Engineers and Geologists, to provide the required pavement investigation.
▪ Document review, permitting, and Dig Alert coordination. ▪ Pavement corings will be performed to a maximum depth of four feet (4) below the top of the surface using an electric-powered core drill. Sampling and digging below the section will be performed using hand tools. Upon completion of the sampling, the core hole will be backfilled with soil cuttings or other suitable backfill materials and capped with asphalt concrete cold patch. ▪ Traffic control will consist of single lane closures, performed in accordance with the WATCH Manual.
▪ Perform limited laboratory testing of the samples collected from pavement corings. Testing may include, R-value, maximum density and optimum moisture content, sieve analysis, laboratory soil classification (Atterberg Limits and Percent Passing No. 200 Sieve), and in-place moisture content. ▪ Pavement engineering analysis will be performed and a final report will be prepared to summarize the findings and conclusions.
DESIGN SURVEY
▪ Perform design topographic land surveys in conformance with the State Land Surveyors Act to include features that influence the project design.
▪ Locate beginning, intermediate, and final benchmarks. Establish horizontal and vertical controls for the length of the project. Set aerial targets. Tie down the project to State Plane Coordinate System. ▪ Mark limits of broken curb and gutter as well as defective sidewalk, cross gutters, etc. ▪ Conduct topographic survey to include cross section elevations at preferred intervals. Street cross sections to show elevations at right-of-way, top of curb, gutter flowline, lip of gutter, lane line, and centerline. Obtain street cross sections at BCRs and ECRs. ▪ At a minimum, survey shots shall include back of walk, top of curbs, flow lines, edge of gutters, and crown lines at 50-foot intervals. All topographic features such as valve covers, manholes, street lights, trees, traffic and utility pulls boxes, catch basins, ADA access ramps, etc. shall be included. ▪ Perform detailed survey at intersections with non-conforming curb ramps per Caltrans standards. ▪ Perform detailed survey at locations where ponding is observed, if necessary.
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4
PRELIMINARY DESIGN PHASE
▪ Prepare base maps and plot existing utilities, existing right-of-way, street addresses, existing cross sections at various locations to determine the street cross slope. ▪ Plot proposed cross sections at 50-foot intervals.
▪ Check proposed cross sections for accuracy of cross slope. If the existing cross slope is less than the minimum required or more than the maximum permissible, revise the type of proposed treatment to the street surface.
▪ Prepare preliminary improvement plans at 1”=20’ horizontal and 1”=2’ vertical scale. Preliminary plans to show location of curb and gutter, sidewalk and cross gutter replacement. Plot details at intersections for non-conforming curb ramps at 1”=10’ scale. Plans to include storm drain/sewer profiles if reconstruction is required.
▪ Provide a detailed cost estimate based on the design at this stage, to assure that the project is designed within the proposed budget.
▪ Prepare preliminary project technical provisions section of specifications. ▪ Submit PS&E for City review and address comments.
FINAL DESIGN PHASE
▪ Prepare final street improvement plans. Final plans to include:
▪ Title sheet will include:
▪ Project title, vicinity and location map, plan sheet index and scale. ▪ Utility and plan legends, utility notes, contact names and telephone numbers. ▪ Bench marks, basis of bearings, general and master construction notes. ▪ Standard signature and title blocks.
▪ Plan and profile sheets will include:
▪ Topography between right-of-way and beyond as necessary. ▪ Right-of-way limit lines.
▪ Utility location plot.
▪ Construction notes and quantity estimates.
▪ Typical sections and details
▪ Top of curb, street centerline profile, sewer and storm drain profiles. ▪ Proposed cross sections.
▪ Prepare final signage and striping plans.
▪ Prepare final project specifications and cost estimate. ▪ Submit final PS&E for City review and address comments.
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4
MONUMENT PRESERVATION
▪ Obtain from City/County of Los Angeles Surveyor’s Office copies of existing corner records. ▪ Tie down existing monuments prior to construction.
▪ Prepare and file pre-construction corner records showing ties prior to construction, and prepare post-construction corner records at completion of construction.
FINAL PLAN SUBMITTAL
▪ After approval of project design, the plans will be plotted on mylar and delivered to the City.
CONSTRUCTION SUPPORT SERVICES
▪ Assist City, as needed, in responding to RFIs, plan interpretation, evaluating revision requests, providing construction staking, and preparing “as-built” plans.
FEDERALLY FUNDED PROJECTS
▪ Assist the City (if required) in obtaining federal project number per Local Assistance Procedure Manual.
▪ Obtain NEDA approval.
▪ Complete required right-of-way certification forms of Local Assistance Procedure Manual, Chapter 13 and 14.
▪ Obtain Caltrans approval of Form E76 prior to advertisement.
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4
KEY PERSONNEL AND EXPERIENCE
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Mr. Dewan will serve as the DMS Consultants, Inc. principal point of contact for the City of Gardena’s On-Call Civil Engineering Services. Mr. Dewan has over 35 years of professional experience in the design of public works projects and has served as Project Manager for multiple public works agencies throughout California. Mr. Dewan is responsible for performing and/or coordinating engineering design and other related technical services including project management; preparation of plans, specifications, estimates, design; preparation of WQMP’s and SWPPP’s; and evaluation of major municipal projects.
Senior Project Engineer
Ms. Ly has over 30 years of experience in the design and management of capital improvement projects.
Ms. Ly worked for the City of Santa Ana as Senior Project Engineer on capital improvement projects and special projects. Ms. Ly is responsible for preparation of improvement plans including federal compliance, project specifications and cost estimates.
Project Engineer
Mr. Nguyen has over 20 years of experience in drainage design, preparation of storm water data reports, hydraulic investigation, preparation of WQMP and SWPPP including project compliance with Caltrans Highway Design Manual. Mr. Nguyen will also be responsible for in-house review of projects.
Project Engineer
Mr. Chadha has over 15 years of experience in civil engineering working on project for public agencies.
Mr. Chadha has been responsible for preparation of street plans, sewer and storm drain improvement plans, grading plans, tract maps, lot line adjustments, legal descriptions and preparation of corner records. Mr. Chadha is a key figure at DMS Consultants, Inc. in coordinating design and carrying it through to construction drawings.
Design Engineer
Mr. Nguyen has over 30 years of civil engineering experience and has been responsible for preparation of street improvement plans, sewer, water and storm drain improvement plans, grading plans and tract maps.
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Subconsultant Profile and Experience
30336 Esperanza
Rancho Santa Margarita, CA 92688
Tel: 949.888.6513
www.GMUgeo.com
Point of Contact:
Roger Schlierkamp, MSc, PE
Established in 1967, GMU has built a long reputation as a trusted consultant for some of the most challenging and recognizable projects located throughout Southern California. GMU approaches each project with the objective of developing innovative pavement and geotechnical engineering solutions.
We makes it a personal goal to find cost-effective and implementable solutions.
Client history and retention attest to GMU’s commitment to service excellence. GMU’s 50+ years of service excellence has been recognized by over 50 awards and special recognition, while also providing on-time/on-budget performance. Acknowledgement of our achievements has come from national organizations such as CELSOC to regional ones such as CalGeo and local chapters of ASCE and APWA. We are continually ranked by the County of Orange as one of the top geotechnical and pavement consulting firms in Orange County.
Our office is located in Rancho Santa Margarita, CA. Our team of 45 includes highly qualified professional engineers, geologists, and engineering technicians with experience in all phases of pavement engineering, geotechnical engineering, engineering geology, and materials testing.
GMU’s engineering technicians and registered special inspectors have an average of 15 to 25+ years of experience. Our engineering technicians hold certifications from Caltrans, American Concrete Institute (ACI), International Code Council (ICC), American Welding Society (AWS), and County of Orange.
GMU’s in-house laboratory is approved by the California Department of Transportation (Caltrans), AASHTO Materials Reference Lab (AMRL), the County of Orange, and other public agencies.
Select Pavement Evaluation and Design Projects – Local Municipalities and Agencies ▪ Camino Capistrano, City of San Juan Capistrano
▪ Hamilton Ave., Heil Ave., and Bolsa Ave. Pavement Evaluation Projects, City of Huntington Beach ▪ Irvine Center Dr., Trabuco Rd., Irvine Blvd., Walnut Ave., MacArthur Blvd, and Sand Canyon Ave.
Pavement Evaluation Projects, City of Irvine
▪ Harbor Blvd., Frontera St., and Nohl Ranch Road Ave. Pavement Evaluation Projects, City of Anaheim
▪ Glenn Ranch Road Pavement Evaluation, City of Lake Forest ▪ “Phase 1” Citywide Pavement Evaluation Project, City of Aliso Viejo ▪ East Coast Highway (MacArthur Blvd. to Newport Coast Dr.) Pavement Evaluation Project, City of Newport Beach
▪ Market Street (LA River to Cherry Ave.) Pavement Evaluation Project, City of Long Beach ▪ Colima Road Rehabilitation, City of Whittier
▪ Plaza Del Amo at Western Mobility Enhancement Project, City of Torrance Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4
ORGANIZATION CHART
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Organization Chart
The most important element in the provision of professional services is the assignment of key personnel.
Quality personnel and an effective management system combine to produce quality services.
The organization chart below identifies the key personnel and project roles for our team.
Availability of Staff
DMS Consultants, Inc. prides itself in performing the work on a short notice and in a timely manner. We will assign significant staff to complete the work on schedule and to the City’s satisfaction. Key personnel will be available for the duration of the required services and shall not be removed or replaced without prior written concurrence of the City.
DMS Consultants, Inc.
Surender Dewan, PE, QSD/QSP
Project Manager
Mindy Ly, PE
Senior Project Engineer
Hoang Nguyen, BS
Design Engineer
Thanh Nguyen, PE
Project Engineer
Nishant Chadha, MS, MBA
Project Engineer
Survey Crew
Bob Kelsoe, LS
Survey Party Chief
SUB-CONSULTANT
GMU Pavement Engineering
Geotechnical Services
Roger Schlierkamp, MSc, PE
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4
SIMILAR PROJECTS / SERVICES
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Agency & Contact:
City of Fountain Valley
Kyle Knoke, PE
Assistant Engineer
714.593.4678
[email protected]
Construction Cost:
$1.4 million
Project Dates:
Design: 2023
Construction: Pending
Agency & Contact:
City of Fountain Valley
Kyle Knoke, PE
Assistant Engineer
714.593.4678
[email protected]
Construction Cost:
$1.6 million
Project Dates:
Design: 2023
Construction: Pending
Agency & Contact:
City of Gardena
Kevin Kwak, PE
Principal Engineer
310.217.9643
[email protected]
Construction Cost:
$2.7 million
Project Dates:
Design: 2023
Construction: 2024
Relevant Experience
Street Design
Ellis Avenue Rehabilitation and Resurfacing
Fountain Valley
DMS was selected by the City of Fountain Valley to provide civil engineering design services for Ellis Avenue
Rehabilitation and Resurfacing Project. The project area is Ellis Avenue from Brookhurst Street to Bushard Street. The scope of work for the project includes utility coordination, design survey, reconstruction of roadway, reconstruction of median curb, curb and gutter, sidewalk, ADA improvements, striping and signage plans, project specifications, and cost estimates.
DMS Project Manager: Surender Dewan, PE
Warner Avenue Rehabilitation and Resurfacing
Fountain Valley
DMS was selected by the City of Fountain Valley to provide civil engineering design services for Warner Avenue
Rehabilitation and Resurfacing Project. The project area is Warner Avenue from Brookhurst Street to Bushard Street.
The scope of work for the project includes utility
coordination, design survey, reconstruction of roadway, reconstruction of median curb, curb and gutter, sidewalk, ADA improvements, striping and signage plans, project
specifications, and cost estimates.
DMS Project Manager: Surender Dewan, PE
Local Streets Improvement Project 2020-2022
Gardena
DMS was selected by the City of Gardena to provide civil engineering services for the Local Streets Improvement
Project. The project area is 8± miles of local and collector streets. The project includes rehabilitation of roadway, removal and replacement of curbs, gutters, cross gutters, and sidewalk, ADA improvements, project specifications, and cost estimates.
DMS Project Manager: Surender Dewan, PE
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Agency & Contact:
City of Newport Beach
Patricia Carpenter, PE
Associate Civil Engineer
949.644.3344
[email protected]
Construction Cost:
$1.6 million
Project Dates:
Design: 2021
Construction: 2021
Agency & Contact:
City of La Mirada
Eric Villagracia
Project Manager
562.902.2373
[email protected]
Construction Cost:
$8.2 million
Project Dates:
Design: 2020
Construction: 2022
Agency & Contact:
City of San Dimas
Shari Garwick, PE
Director of Public Works
909.644.3344
[email protected]
Construction Cost:
$3 million
Project Dates:
Design: 2022
Construction: 2023
15 Relevant Experience
Street Design
Concrete Alley & Street Replacement
Newport Beach
DMS was selected by the City of Newport Beach to provide civil engineering services on the Concrete Alley and Street Replacement Project 6502 and 20W05. The project was
located on the Balboa Peninsula and in Corona Del Mar,
south of East Coast Highway and included a total of 4± miles of alley reconstruction. The scope of work consisted of reconstruction of concrete alleys and streets, ADA
improvements, preparation of project specifications and cost estimate.
DMS Project Manager: Surender Dewan, PE
Residential Rehabilitation Project Phase 6A & 6B
La Mirada
DMS was selected by the City of La Mirada to provide civil engineering services for Phase 6 - Residential Street
Rehabilitation Project. The project consists of 16± miles of residential streets. The scope of work for the project
included roadway improvements, street resurfacing, storm drain construction and appurtenant infrastructure repairs, preparation of project specifications, cost estimates, and monument preservation.
DMS Project Manager: Surender Dewan, PE
Via Verde Street Improvements
San Dimas
DMS was selected by the City of San Dimas to provide civil engineering services for Via Verde Street Improvements
Project. The project limits are form 1400’ west of Covina Hills Road to Easterly City Limits. The project includes
rehabilitation of existing roadway, removal and
reconstruction of damaged curb and gutter, sidewalk and ADA accessible ramps, preparation of striping and signage plans, project specifications, and cost estimates.
DMS Project Manager: Surender Dewan, PE
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Agency & Contact:
City of La Mirada
Eric Villagracia
Project Manager
562.902.2373
[email protected]
Construction Cost:
$2.1 million
Project Dates:
Design: 2021
Construction: 2022
Agency & Contact:
City of Gardena
Kevin Kwak, PE
Principal Engineer
310.217.9643
[email protected]
Construction Cost:
$1.32 million
Project Dates:
Design: 2020
Construction: 2022
Agency & Contact:
City of Gardena
Frank Sanchez, PE
Associate Engineer
310.217.9631
[email protected]
Construction Cost:
$1.2 million
Project Dates:
Design: 2022
Construction: Pending
Relevant Experience
Street Design
Alondra Boulevard & Imperial Highway Rehabilitation
La Mirada
DMS was selected by the City of La Mirada to provide civil engineering services for Alondra Boulevard and Imperial Highway Rehabilitation Project. The project area is Alondra Boulevard from Valley View to Mottley Drive and Imperial Highway from Marquardt Avenue to Wicker Avenue. The
project included reconstruction of roadway, reconstruction of median curb, ADA improvements, striping and signage plans, median landscape improvements, project specifications, and cost estimates.
DMS Project Manager: Surender Dewan, PE
139th Street and Van Ness Avenue Street Improvements
Gardena
DMS was selected by the City of Gardena to provide civil engineering services for 139 Street and Van Ness Avenue Street Improvement Project. The project area was 139th
Street from Western Avenue to Van Ness Avenue and Van
Ness Avenue from Marine Avenue to 135th Street. The scope of work for the project included reconstruction of roadway, preparation of striping and signage plans, project
specifications, and cost estimates.
DMS Project Manager: Surender Dewan, PE
Van Ness Avenue Street Improvements
Gardena
DMS was selected by the City of Gardena to provide civil engineering services for Van Ness Avenue Street
Improvement Project. The project area is Van Ness Avenue from Redondo Beach Boulevard to Marine Avenue. The
project includes rehabilitation of existing roadway, removal and reconstruction of damaged curb and gutter, sidewalk and ADA accessible ramps, preparation of striping and signage plans, project specifications, and cost estimate.
DMS Project Manager: Surender Dewan, PE
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Agency & Contact:
City of Fullerton
Jose Medina
Assistant Engineer
714.738.6863
[email protected]
Construction Cost:
$1.9 million
Project Dates:
Design: Active
Construction: Pending
Agency & Contact:
City of Fullerton
Jose Medina
Assistant Engineer
714.738.6863
[email protected]
Construction Cost:
$3.5 million
Project Dates:
Design: 2022
Construction: 2023
Agency & Contact:
City of Fountain Valley
Kyle Hilton
Associate Engineer
714.593.4516
[email protected]
Construction Cost:
$1.6 million
Project Dates:
Design: 2020
Construction: 2021
Relevant Experience
Street Design
Orangethorpe Avenue Street Rehabilitation
Fullerton
DMS was selected by the City of Fullerton to provide civil engineering design services for Orangethorpe Avenue Street Project. The project area is State College Boulevard to Placentia Avenue. The scope of work for the project included
rehabilitation of existing roadway, removal and reconstruction of damaged curb and gutter, curb ramp upgrades, replacement of deteriorated driveways, sidewalk repair, and construction of missing sidewalk, including preparation of signage and striping plans, project specifications, and cost estimates.
DMS Project Manager: Surender Dewan, PE
Commonwealth Avenue & Raymond Avenue Reconstruction
Fullerton
DMS was selected by the City of Fullerton to provide civil engineering services for Commonwealth Avenue and Raymond Avenue Reconstruction Project. The project area was
Commonwealth Avenue from Balcom Avenue to Acacia Avenue and Raymond Avenue from Commonwealth Avenue to
Chapman Avenue. The project included rehabilitation of
existing roadway, removal and reconstruction of damaged curb and gutter and sidewalk, signage and striping plans, project specifications, and cost estimates.
DMS Project Manager: Surender Dewan, PE
Warner Avenue Rehabilitation and Resurfacing
Fountain Valley
DMS was selected by the City of Fountain Valley to provide civil engineering services for Warner Avenue Rehabilitation and Resurfacing Project. The project area was Warner Avenue from Brookhurst Street to Euclid Street. The project included reconstruction of roadway, reconstruction of median curb, ADA improvements, striping and signage plans, project
specifications, and cost estimates.
DMS Project Manager: Surender Dewan, PE
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Agency & Contact:
City of Gardena
Kevin Kwak, PE
Principal Civil Engineer
310.217.9643
[email protected]
Agency & Contact:
City of Irvine
Anthony Caraveo
Senior Project Manager
949.724.7555
[email protected]
Agency & Contact:
City of Irvine
Anthony Caraveo
Senior Project Manager
949.724.7555
[email protected]
Agency & Contact:
City of Irvine
Anthony Caraveo
Senior Project Manager
949.724.7555
[email protected]
Mas Fukai Park
Gardena
The proposed project consists of ADA walkway improvements, community center building, pickleball courts, and playground. The scope of work includes preparation of grading plan, demolition plan, erosion control plan, project specifications, and cost estimates.
Hicks Canyon Park
Irvine
The proposed project consists of parking lot improvements, ADA walkway improvements, batting cage area, playground area, and construction of an outdoor fitness equipment area. The scope of work includes preparation of grading plan, demolition plan, erosion control plan, project specifications, and cost estimates.
Mike Ward Park Pickleball Complex
Irvine
The proposed project consists of parking lot improvements, ADA walkway improvements, construction of eight pickleball courts, and construction of a new restroom building. The scope of work includes preparation of grading plan, demolition plan, erosion control plan, project specifications, cost estimates, and WQMP.
Civic Center Plaza
Irvine
The proposed project consists of converting 52,000 square feet of turf into a landscape that is complimentary to the City of Irvine City Hall campus. The scope of work includes preparation of grading plan, demolition plan, erosion control plan, project specifications, cost estimates, and WQMP.
Relevant Experience
Grading, Design, WQMPs & SWPPPs
Over the past 30 years our firm has prepared numerous grading plans, hydrology studies, WQMPs and SWPPPs for various municipalities and developers in Southern California. Listed below are a few of the projects which we are presently working on as a subconsultant to David Volz Design Landscape Architects.
In addition, we have prepared grading plans, WQMPs, and SWPPPs for the following municipalities:
▪ City of Costa Mesa ▪ City of Glendale
▪ City of Cypress ▪ City of La Habra
▪ City of Fullerton ▪ City of Manhattan Beach
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4
REFERENCES
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 ■ David Grantham, PE
City Engineer
City of Fullerton
303 W. Commonwealth Avenue
Fullerton, California 92832
714.738.6853
[email protected]
■ Eric Villagracia
Project Manager
City of La Mirada
15515 Phoebe Avenue
La Mirada, California 90638
562.902.2373
[email protected]
■ Temo Galvez, PE
Deputy Director of Public Works/City Engineer
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
714.593.4517
[email protected]
■ Shari Garwick, PE
Director of Public Works
City of San Dimas
245 East Bonita Avenue
San Dimas, California 91773
909.394.6248
[email protected]
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4
FEE SCHEDULE
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Fee Schedule
Project Manager............................................................................................$215.00/hr Senior Project Engineer.................................................................................$175.00/hr Project Engineer............................................................................................$155.00/hr Design Engineer.............................................................................................$130.00/hr Two-Man Survey Crew ..................................................................................$240.00/hr Three-Man Survey Crew................................................................................$310.00/hr Survey Manager ............................................................................................$115.00/hr Clerical.............................................................................................................$60.00/hr Reimbursable Expenses
▪ Subconsultants:.........................................................................................Cost + 15% ▪ Reproductions and courier services: .......................................................Cost + 10% ▪ Mileage: .......................................................................................................Included Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4
RESUMES
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Bachelor of Science, Civil Engineering
Delhi University, 1970
Master of Science, Civil Engineering
University of Washington, 1978
Civil Engineer, California
RCE 34559
SWRCB Certified QSD 20924
Mr. Dewan, President of DMS Consultants, Inc., has over 35 years of professional experience in the design of Public Works projects. Mr. Dewan is responsible for performing and/or coordinating engineering design and other related technical services including project management; preparation of plans, specifications, estimates, design; preparation of WQMP’s and SWPPP’s; and evaluation of major municipal projects.
MUNICIPAL PROJECTS
▪ Van Ness Avenue Street Improvement Project - Gardena
▪ 139th Street and Van Ness Avenue Street Improvements - Gardena ▪ Residential Rehabilitation Project - Phase 6A and 6B - La Mirada ▪ Commonwealth Avenue and Raymond Avenue Reconstruction Project - Fullerton ▪ Residential Roadway Rehabilitation Quadrants D2 and D3 - Fountain Valley ▪ Warner Avenue Rehabilitation and Resurfacing Project - Fountain Valley ▪ Local Streets Improvement Project 2020-2022 - Gardena ▪ Concrete Alley and Street Replacement Project - Newport Beach ▪ Alondra Boulevard and Imperial Highway Rehabilitation Project - La Mirada ▪ MacArthur Boulevard Pavement Reconstruction Project - Newport Beach ▪ Marguerite Avenue and Hospital Road Pavement Rehabilitation - Newport Beach ▪ Euclid Street Roadway Improvements - Fountain Valley
▪ Residential Roadway Rehabilitation Quadrants D7, E1 and F1 - Fountain Valley ▪ State College Boulevard Rehabilitation Project - Fullerton ▪ San Dimas Avenue Improvements - San Dimas
▪ Del Amo Boulevard Street Improvements - Cerritos
▪ Madonna Area Street, Sewer and Water Reconstruction - Fullerton ▪ Via Verde Reconstruction Project from Covina Hills Street to Puente Street - San Dimas ▪ Chapman Avenue Rehabilitation Project from Berkeley Avenue to Raymond Avenue - Fullerton ▪ Bastanchury / Valencia Mesa Bike Path - Fullerton
▪ FY 2014-15 Street Improvements, Sewer and Water Main Replacement - Fullerton ▪ Covina Boulevard and Cataract Avenue Street Improvement Project - San Dimas ▪ Design of Caltrans Curb Ramp Construction Plans, Studebaker Road at State Route 91 - Cerritos ▪ Placentia Avenue Reconstruction - Fullerton
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Roger W. Schlierkamp, MSc, PE
Principal, Director of Pavement Engineering
PROFESSION
Civil Engineer
REGISTRATION
Registered Civil Engineer C81529
State of California
EDUCATION
M.S. Civil Engineering
(Pavement/Materials Engineering),
University of Nevada, Reno
B.S. Civil Engineering
University of Nevada, Reno
PROFESSIONAL EXPERIENCE
GMU Geotechnical, Inc.
(2014 – Present)
Principal / Director of Pavement
Engineering, Rancho Santa
Margarita, California
Twining, Inc.
(2011 – 2014)
Pavement Engineer
Long Beach, California
University of Nevada, Reno
(2009 – 2011)
Graduate Researcher, Pavement /
Materials
Reno, Nevada
PROFESSIONAL AFFILIATIONS
▪ California Asphalt Pavement
Association (CalAPA)
▪ ASCE Orange County -
Engineers without Borders
▪ American Society of Civil
Engineer (ASCE)
▪ AGC
▪ American Public Works
Association (APWA)
Roger Schlierkamp leads GMU’s comprehensive range of
pavement engineering services, including pavement
evaluations/designs, PS&E development, construction
management, observation-and-testing, mix design
development, and pavement management planning. His fullcircle knowledge allows him to develop innovative, practical, and cost-effective solutions for a full range of pavement challenges.
He shares his experience and knowledge in both workshop and classroom settings, having previously served as an instructor for "Construction Materials and Testing" at Santiago Canyon College. Additionally, his active role in the Greenbook Committee underscores his influence in shaping pavement construction specifications embraced by numerous agencies and projects across Southern California.
Roger possesses over 14 years of experience in the field of pavement engineering and is a California licensed civil engineer.
A summary of his areas of expertise include:
▪ Pavement engineering evaluation, structural analysis, design expert
▪ Pavement management planning
▪ Pavement construction management advisory
▪ Pavement plans, specifications, and estimates
▪ Non-destructive testing, including falling-weight
deflectometer (FWD) testing & ground-penetrating radar
(GPR) testing
▪ Pavement smoothness testing
▪ Pavement mix designs, including hot-mix asphalt (HMA), rubberized hot-mix asphalt (RHMA), warm-mix asphalt
(WMA) following Marshall, Hveem, and Superpave design
methods, soil-stabilization, and cold recycled asphalt
▪ Pavement preservation strategies, including fog seals, slurry seals, scrub seals, micro-surfacing seals, and chip seals
▪ Pavement rehabilitation strategies, such as rubberized pavement overlays, cold recycling, full-depth reclamation, cement/lime base, and subgrade stabilization
▪ In-depth knowledge of various pavement construction
specifications, including Caltrans, Greenbook, Airport, and Ports.
▪ Quality control / assurance laboratory testing expertise, including Hveem Stability, Hamburg Wheel Track, Moisture Susceptibility, Maximum Density, and Wet Track Abrasion.
Docusign Envelope ID: 88E57D7C-28C3-4608-B666-95200498CBE4 Consultant Agreement with Hartzog & Crabill, Inc Page 1
CITY OF GARDENA
CONSULTANT AGREEMENT WITH
Hartzog & Crabill, Inc
This Agreement is entered into this 10th day of September, 2024, by and between the City of Gardena, a municipal corporation (“City”) and Hartzog & Crabill, Inc, 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Consultant Agreement with Hartzog & Crabill, 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Consultant Agreement with Hartzog & Crabill, 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Consultant Agreement with Hartzog & Crabill, 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.
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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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Consultant Agreement with Hartzog & Crabill, 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Consultant Agreement with Hartzog & Crabill, 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.
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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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Consultant Agreement with Hartzog & Crabill, 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Consultant Agreement with Hartzog & Crabill, 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: Hartzog & Crabill, Inc
17821 East 17th Street, Suite 245
Tustin, CA 92780
Attn: Gerald Stock
Executive 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Consultant Agreement with Hartzog & Crabill, 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Consultant Agreement with Hartzog & Crabill, 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Consultant Agreement with Hartzog & Crabill, 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 – Hartzog & Crabill, 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Executive VP
Gerald Stock
TODD HARTZOG
Vice President / Treasurer
Exhibit A
Request for Qualifications (RFQ)
Docusign Envelope ID: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325
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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325
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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 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: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Exhibit B
Statement of Qualifications (SOQ)
Docusign Envelope ID: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325
QUALIFICATIONS FOR
ON-CALL PROFESSIONAL
ENGINEERING SERVICES
Prepared for:
City of Gardena
Public Works Department
1717 West 162nd Street
Gardena, CA 90247
Attention:
Mr. Kevin Kwak, Assistant Public Works Director
Presented by:
Hartzog & Crabill, Inc.
Traffic Engineers
17821 East 17th Street, Suite 245
Tustin, CA 92780
(714) 731-9455
June 13, 2024
Docusign Envelope ID: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Consulting Traffic Engineers to Government Agencies
June 13, 2024
Mr. Kevin Kwak
Assistant Public Works Director
City of Gardena
Public Works Department
1717 West 162nd Street
Gardena, CA 90247
SUBJECT: QUALIFICATIONS FOR ON-CALL PROFESSIONAL
ENGINEERING SERVICES
Dear Mr. Kwak:
Hartzog & Crabill, Inc. (HCI) is pleased to submit this Qualifications package to the City of Gardena for providing On-Call Professional Engineering Services. HCI understands that the requested services are related to the City’s Public Works Capital Improvement Program (CIP) and General Engineering.
HCI also understands that it is the City’s intent to establish a team structure of approved consultant firms on a 3-year cycle to facilitate procurement of various engineering services on an on-call basis.
HCI is proposing to provide on-call engineering services specifically for:
Traffic Engineering Services.
HCI acknowledges receipt of Addendum 1 for the City’s Request for Qualifications (RFQ). The City’s RFQ, and Addendum 1, are incorporated in their entirety as a part of our qualifications proposal. Likewise, if selected, HCI understands that our proposed qualifications will be incorporated in its entirety as part of the consultant contract, and will jointly become part of the “Professional Services Agreement” if said Agreement is fully executed by HCI and the City of Gardena.
In the course of our (30+) years in business, HCI staff have successfully provided these same types of on-call professional engineering consulting services to numerous Southern California city agencies, where we have continued to build on their foundation for a viable, responsive traffic engineering function. Our service to our client agencies over these past years also affords us knowledge of client expectations and work products required.
As we have successfully been performing these types of Traffic Engineeirng services for numerous years, HCI is uniquely qualified and capable to perform quality work to achieve the City’s objectives on an on-going/on-call flexible service basis. We look forward to continue working with City staff and sharing our experience and expertise with the common goal of everimproving traffic safety and efficiency in the City of Gardena.
Gerald J. Stock, PE, TE,
Executive Vice President
17821 East 17th Street
Suite 245
Tustin, CA 92780
Phone: (714) 731-9455
FAX: (714) 731-9498
www.hartzog-crabill.com
Docusign Envelope ID: 0B3CEDEE-8961-4BD8-94C9-D5BDAD600325 Mr. Kevin Kwak
June 13, 2024