A notary public or other officer completion this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of California
County of ____________
Subscribed and sworn to (or affirmed) before me on this ______ day of ______________, 20__, by _______________________ ___________________________________________________,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Seal) Signature_____________________
City Council Agenda Report
Agenda Item No. 9.d.
DATE: September 13, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 78, AWARDING A PROFESSIONAL SERVICES AGREEMENT
(PSA) TO KIMLEY-HORN AND ASSOCIATES, INC. FOR
DESIGN SERVICES FOR TRAFFIC SIGNAL IMPROVEMENTS
AT VARIOUS SIGNALIZED INTERSECTIONS HIGHWAY
SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 9
PROJECT
SUMMARY: Kimley-Horn and Associates, Inc. has been selected by staff as the most responsive and qualified consultant to provide design services for various traffic signal improvements within the HSIP Cycle 9 Project. The HSIP Cycle 9 Project includes safety improvements at various signalized intersections, including hardware modifications to the traffic signal lenses, backplates with retroreflective borders, mounting, size, and number, as well as installation of pedestrian countdown signal heads. The project improvements will involve a total of eleven signalized intersections throughout the City.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 22-78, Awarding a professional services agreement to KimleyHorn and Associates, Inc. for Design Services for Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9 Project in the amount of $56,526.94; and
2. Approve $1,926.94 in Measure R Funds for the project design phase.
FISCAL IMPACT: The City received $57,600 from the State through the Highway Safety Improvements (HSIP) Cycle 9 grant program. The following is the project's anticipated cost during the design phase:
Design Services (Kimley-Horn and Associates,
Inc.)
$56,526.94
City Staff Time for Project Management $3,000.00
Total $59,526.94
Below is the design phase funding breakdown:
HSIP Cycle 9 (no local match required)$57,600.00
Measure R Local Return Program $1,926.94
Total $59,526.94
DISCUSSION: The HSIP Cycle 9 Project includes safety improvements at various signalized intersections, including hardware modifications to the traffic signal lenses, backplates with retroreflective borders, mounting, size, and number, as well as installation of pedestrian countdown signal heads. The project improvements will involve a total of eleven signalized intersections throughout the City.
On April 12, 2022, the City Council authorized staff to issue a Request for Proposals (RFP) for Design Services for Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9 Project.
On April 12, 2022, the City issued a Request for Proposal (RFP) for Design Services for Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9 Project with a proposal due date of May 4, 2022. No proposals were received on this solicitation.
On July 19, 2022, the City reissued a Request for Proposal (RFP) for Design Services for Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9 Project with a proposal due date of August 16, 2022. Three (3) firms submitted proposals:
Kimley-Horn and Associates, Inc., KOA Corporation and Minagar & Associates. The proposals were evaluated based on the established criteria identified in the RFP including compliance with the RFP requirements, proposal quality, project understanding, approach, methodology including responsiveness and flexibility, experience of assigned staff, similar project experience, schedule efficiency, and references.
Staff reviewed the proposals and determined that the proposal from Kimley-Horn and Associates, Inc. was the most qualified. Their proposal was the most comprehensive and demonstrated the best understanding of the project. Kimley-Horn and Associates, Inc. showed in its proposal their related project experience of similar projects for cities including City of Monterey Park, Downey, and Culver City.
Staff recommends that the City Council approve a professional services agreement with Kimley-Horn and Associates, Inc., as the most qualified consultant, to provide Design Services for Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9 Project for a total amount of $56,526.94 and authorize the City Manager to execute the agreement.
ATTACHMENT(S):
A. Resolution No. 22-78
B. Technical Proposal
C. Fee Proposal
D. Draft Professional Services Agreement with Kimley Horn
ATTACHMENT A
RESOLUTION NO. 22-78
A RESOLUTION OF THE SOUTH EL MONTE CITY
COUNCIL AWARDING PROFESSIONAL SERVICE
AGREEMENT TO KIMLEY-HORN AND ASSOCIATES, INC.
FOR DESIGN SERVICES FOR TRAFFIC SIGNAL
IMPROVEMENTS AT VARIOUS SIGNALIZED
INTERSECTIONS HSIP CYCLE 9 PROJECT
WHEREAS, on April 12, 2022, the City Council authorized staff to issue a Request for Proposals (RFP) for Design Services for Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9 Project; and
WHEREAS, on April 12, 2022, the City issued a Request for Proposal (RFP) for Design Services for Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9 Project with a proposal due date of May 4, 2022 and no proposals were received on this solicitation; and
WHEREAS, on July 19, 2022, the City reissued a Request for Proposal (RFP) for Design Services for Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9 Project with a proposal due date of August 16, 2022 and received three (3) proposals; and WHEREAS, the City staff evaluated the proposals and determined that Kimley-Horn, Inc. submitted the most qualified and comprehensive proposal to provide the subject services for the project;
WHEREAS, the City staff determined that Kimley-Horn, Inc. was the most qualified consultant for the project.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY
RESOLVES AS FOLLOWS:
SECTION 1: The above recitals are true and correct and incorporated by reference.
SECTION 2: Upon reviewing the proposals submitted for Design Services for Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9 Project, the City Council hereby finds that Kimley-Horn, Inc. has submitted the most qualified proposal, in the amount of $56,526.94.
SECTION 3: Approve $1,926.94 in Measure R funds the project design phase.
SECTION 4: The City Council hereby authorizes the City Manager to execute a professional service agreement with Kimley-Horn, Inc. in the amount of $56,526.94. The City Attorney may amend the agreement as to form. The Council further directs the City Manager to take all actions necessary to effectuate the agreement.
SECTION 5: The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 13th day of September, 2022. _____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 22-78 was passed and approved by the City Council of the City of South El Monte at a Regular meeting of said Council held on the 13th day of September, 2022, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk
ATTACHMENT B
Prepared for:
Design Services for Traffic
Signal Improvements at Various
Signalized Intersections
HSIP Cycle 9 Project
HSIPL-5352(020)
Proposal to Provide
Prepared by:
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
»660 South Figueroa Street
Suite 2050
Los Angeles, CA
90017
TEL 213.261.4040
City of South El Monte TRED96026.2022 i
August 16, 2022
Colby Cataldi
Community Development Director
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
RE: Proposal to Provide Design Services for Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9 Project, HSIPL-5352(020)
Dear Mr. Cataldi and Members of the Selection Committee:
The City of South El Monte (City) is an industrious community of spirited residents rapidly growing into a flourishing commercial center. To support this growth, improvements to the City’s infrastructure is vital. As the City prepares to initiate traffic signal improvements at various signalized intersections, selecting the team with the right combination of local knowledge and expertise in traffic engineering design is critical.
Kimley-Horn has assembled a team that has significant relevant experience and covers the full range of skillsets needed to deliver this project. As you review our proposal, please keep in mind the following Kimley-Horn attributes:
Experienced Project Manager Backed by Multidisciplinary Resources. As your project manager, I, Jean Fares, P.E., will manage our team and provide design services to the City. I have more than 30 years of robust transportation experience and have managed numerous traffic signal modification projects and construction support services for local municipalities. I will be supported by a team of skilled engineers, planners, analysts, and public involvement specialists. We have supplemented our in-house team with Avant-Garde, Inc., a local disadvantaged business enterprise (DBE), to provide funding administration services and meet the City’s 10% DBE goal.
Extensive HSIP Project Experience. Kimley-Horn has completed numerous Highway Safety Improvement Project (HSIP) projects ranging from roadway realignments to multiple intersection corridors. We understand that being familiar with the coordination of the approval process is the key to timely completion of these projects. Our Southern California HSIP project experience includes:
» City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits » City of Palm Springs, Traffic Signal Improvements
» City of Culver City, Signal Upgrade and Left Turn Phasing Project » City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials » City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop Project » City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System » City of Santa Clarita, Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement Project » City of Rancho Mirage, Traffic Signal Interconnect Improvements A Partner You Can Trust. We value our long-term partnerships with local municipalities and responsiveness is the cornerstone of our success in developing these relationships. We will pay attention to and approach your projects with sound judgment based on your needs. We are here to serve you and we will listen to your concerns and act independently while partnering with you to deliver your projects. Kimley-Horn is a trusted name among our clients—in fact, 90 percent of our business is from repeat clients. Any of our transportation-industry clients can attest to our ability to exceed your expectations and deliver your project on time and within budget.
By choosing Kimley-Horn as your consultant, you capitalize on our team’s expertise, resources, and proven ability to put your needs first as we help you develop effective, practical solutions for your anticipated project. As your project manager, you have my personal pledge that our team will be committed to helping you achieve your goals and vision. Please don’t hesitate to contact me at 213.354.9402, [email protected], or the address listed above with any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Jean Fares, P.E.*
Project Manager/Senior Vice President
*Jean is authorized by Kimley-Horn to represent
the firm and negotiate agreement terms
and compensation.
Kimley-Horn acknowledges that this proposal offer
is valid for 120 days from the submittal date of
August 16, 2022.
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 ii
TABLE OF CONTENTS
Section 1: Approach and Scope of Work.................................................................................................................1 Section 2: Schedule.............................................................................................................................................12 Section 3: Project Team, Key Personnel, and Resumes.........................................................................................13 Section 4: Company Qualifications.......................................................................................................................20 Section 5: References..........................................................................................................................................23 Section 6: City’s Standard Professional Services Agreement ................................................................................24 Section 7: Addenda Acknowledgment..................................................................................................................25 Section 8: Required Attachments.........................................................................................................................26
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 1
SECTION 1: APPROACH AND SCOPE OF WORK
UNDERSTANDING
The City of South El Monte (City) is looking to improve safety and operability through the installation of retroreflective signal heads, 12” vehicle heads, and pedestrian countdown signal heads at 11 existing signalized intersections in various locations throughout the City. Per the City’s Request for Proposals (RFP), the project is funded at an estimated $601,300 by an HSIP Cycle 9 grant from Caltrans.
The City has compiled collision data history from 2013-2017 with a total of 215 collisions, 15 of which include pedestrians and cyclists. The only collision resulting in fatality involved pedestrians. In the past 20 years, there have been no safety focused projects at these intersections.
Residents have expressed concern for their safety, further cementing the need for this project.
The Caltrans Local Roadway Safety Manual (LRSM) outlines a systemic approach of proven safety countermeasures to address system-wide safety issues. The Manual provides steps to calculate Benefit to Cost ratios (BCR) to determine which low-cost countermeasures could be implemented to high crash locations. Based on the collision data history and BCRs, the City has determined two countermeasures to increase safety and reduce the number of collisions.
The first countermeasure S2: Improve Signal Hardware: Lenses, Back-Plates with Retroreflective Borders, Mounting Size, and Number of Signal Heads includes improvements in safety for signalized intersections by installing new LED lighting, signal back plates, retro-reflective tape outline on the back plates, or visors to increase signal visibility, larger signal heads, relocation of signal heads, or additional signal heads. The LRSM states that the S2 countermeasure provides better daytime and nighttime visibility, clarity of signals, and reduces rear-end and right-angle collisions associated with drivers who are unable to see traffic signals sufficiently in advance of an intersection. The implementation of upgrading all vehicle head lenses to 12” LED vehicle heads and all back-plates with retroreflective borders and mountings has the potential to reduce crashes by 15% as documented in the LRSM and RFP.
The second countermeasure S19: Install Pedestrian Countdown Signal Heads focuses on improving safety for pedestrians by installing a timer display to let pedestrians know how much time they have left to safely cross a street. Of the 11 intersections in the RFP, six of the intersections have collision history involving pedestrians and bicycles. The implementation of pedestrian countdown signal heads will reduce crashes by 25% as documented in the LRSM and RFP.
Countermeasures S2 and S19 will have a combined BCR of 16.18. Specific improvements are further discussed in the succeeding Scope of Work section of this proposal. These project intersections and improvements are shown in the exhibit on page 3.
Key Project Element: Grant Administration
Grant administration is a key element to confirm that the City follows through with procurement. When agencies are appropriated funding, it is their responsibility to work with the administering agencies to submit the required documents as well as reimbursements requests.
Funding administration involves various steps such as the tracking of all eligible and non-eligible expenditures through the project’s lifespan, providing advisement on programmatic changes and updates, and building relationships with each agency granting or administering the funding. We have included Avant-Garde, Inc. on our team to assist with PSE Certification and E-76 Construction Authorization. Each member of Avant-Garde’s staff has provided professional consultant services on similar projects in the past and is thoroughly familiar with the processes required pursuant to Caltrans Local Assistance Procedures and Metro (LAPM) funding administration procedures. Avant-Garde has successfully completed audits with Caltrans, Metro, and the Federal Highway Administration (FHA). The documents are organized in a manner that is conducive to the auditor’s review and we have cleared all the audits conducted on federally-funded projects that were administered through Avant-Garde, Inc.
Key Project Element: Caltrans Coordination
In addition to the design and integration of this project, Kimley-Horn understands the importance of coordination with Caltrans District 7 to assure a successful implementation of this project. Our team will verify that our submittals are complete to meet Caltrans LAPM requirements for each submission.
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 2
Anticipated Project Challenges
Navigating Caltrans’ Policies, Procedures, and Timeline Proposed Resolution: There will be extensive coordination with Caltrans for this project. Our team has a well-established relationship with Caltrans and a successful history of working with the agency on the Local Assistance Program Manual requirements, PES Submittal for NEPA Certification, Right-of-Way Certification, and Requests for Authorization to Proceed with Construction (E-76 for CON).
Outdated As-Builts
Proposed Resolution: There have been no upgrades for vehicular, pedestrian, and cyclist traffic at these 11 intersections for the past 20 years. Kimley-Horn will document detailed field notes at each intersection to minimize discrepancies between as-builts and current existing conditions for each submittal. An example of field notes documented for an intersection is provided on page 4.
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 3
Figure 1: Project Intersections and Improvements
60 19
Garvey Ave
Rush St
Rush St
Durfee Ave
Michael Hunt Dr
Merced AveCentral Ave
Chico Ave
Portero Ave
Tyler Ave
Peck Rd
Tyler Ave
Santa Anita Ave
1 2
3 42 5 6 7
8 9
10 11
PROJECT LOCATIONS:
1 Garvey Ave & Chico Ave
2 Garvey Ave & Potrero Ave
3 Chico Ave & Rush St
4 Potrero Ave & Rush St
5 Merced Ave & Rush St
6 Central Ave & Rush St
7 Tyler Ave & Rush St
8 Durfee Ave & Rush St
9 Santa Anita Ave & Tyler Ave
10 Michael Hunt Dr & Santa Anita Ave
11 Durfee Ave & Peck Rd
15 collisions involving pedestrians and bicyclists
have been documented between 2013-2017 along
this corridor. Due to the high number of collisions
the following improvements are suggested to
all intersections:
Install 12” vehicle signal heads with retroreflective
borders and countdown pedestrian signal heads.
Upgrade 8” vehicle signal heads.
Kimley-Horn will conduct a field assessment
and inventory at each of the intersections for the
number, type, size, and configuration of all existing
traffic signal heads at the 11 intersections. Typical
retroreflective backplates to accommodate varying
signal heads are shown to the right.
Durfee AveDurfee Ave
Peck RdPeck Rd
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022
4
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 5
APPROACH
The implementation of Countermeasures S2 and S19 is an effective method to improve overall intersection safety through enhancements to visibility. Both countermeasures are low-cost safety treatments that are unintrusive to the overall traffic signal system and can be employed without impacting existing conduits, signal controllers, or poles. For this reason, Kimley-Horn is committed to working with the City to deliver a project that is comprehensive, timely, and cost-effective.
Based on an initial field observation on August 2, 2022 (Figures 2 and 3), some intersections have broken or faded backplates. Kimley-Horn will conduct more thorough field investigations at each of the 11 intersections to document existing signal head equipment, pedestrian countdown signal heads, 8” vehicle heads, and constraints that might impact the proposed design. Kimley-Horn will submit preliminary plans that would include four intersections per sheet. The plans will show the removal of existing signal head backplates, 8” vehicle signal heads, and pedestrian signal heads and the installation of retroreflective backplates, 12” LED vehicle heads, and pedestrian countdown signal heads.
To reduce costs associated with plan preparation and City review, base mapping within each sheet will be kept to a minimum and limited to show only relevant signal equipment, conduit runs, pull boxes, controllers, and other elements unnecessary to the design will be omitted.
Santa Anita Avenue and Tyler Avenue facing the southeast corner (Taken 8/2/2022) We have included two project samples on the following page. For the City of Rancho Mirage, we successfully utilized aerial backgrounds with our design superimposed. For the City of West Hollywood, we drew the existing right-of-way, curb, and centerlines as a base for the design.
This provided enough context for the design, conveyed the information to the contractor, and required zero contractor change orders.
Figure 2: Existing 12” vehicle head with
broken bulb hood
Figure 3: Faded backplate on mast arm, existing
8” bulb vehicle head on pole
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 6
City of Rancho Mirage
City of West Hollywood
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 7
Methodology
The flowchart below illustrates methodology and techniques our team will employ for this project.
QUALITY CONTROL
Since our founding, Kimley-Horn has aggressively pursued a commitment to quality for every task, deliverable, and service provided by the firm. Recognizing the importance of careful quality control, Kimley-Horn developed a quality control/ quality assurance (QC/QA) manual that every contract manager and task manager is required to know and use. We strive for our procedures to facilitate the delivery of high-quality services that satisfy our client’s needs. There will be no learning curve relative to quality for the Kimley-Horn team. Our QC/QA program is based on the philosophy that:
» Quality is achieved by adequate planning, coordination, supervision, and technical direction; proper definition of the job requirements and procedures; understanding the scope of services; and the use of appropriately skilled personnel performing work functions carefully
» Quality is controlled by assigning a manager to evaluate all work and procedures followed while providing the services
» Quality is secured through the careful surveillance of work activities by individuals who are not directly responsible for performing the initial efforts » Quality is verified through independent reviews by a qualified staff member of the processes, procedures, documentation, supervision, technical direction, and staffing associated with the project development
Local Assistance Procedure Manual
PS&E Process
Submit PES
to Caltrans
Prepare Required
Environmental
Studies and
Technical Memos
Caltrans/City
Approval of
CEQA/NEPA
Document
Caltrans
Signs
NEPA
Start ROW
Certification
Progress/
Comments
Meeting
Gather Existing Data
• As-Builts
• Field
Investigation
Design of
Improvements
Deliverable:
Preliminary PS&E
Kick-off
Meeting
Prepare E-76
Forms for
Construction
City Submits
E-76 for
Construction
E-76 Authorization
for Construction Bidding Assistance ConstructionAssistance Deliverable:
100% PS&E
Deliverable:
90% PS&E
Deliverable:
Bid Package
Progress/
Comments
Meeting
Progress/
Comments
Meeting
Progress/
Comments
Meeting
Deliverable:
60% PS&E
KIMLEY-HORN
QUALITY CONTROL IS
ACHIEVED
Through adequate planning,
coordination, supervision and
technical direction
CONTROLLED
By assigning a manager to
evaluate all work flow
and procedures
VERIFIED
Through independent reviews
by qualified staff
SECURED
Through careful surveillance of
work activities by parties not
involved in the initial efforts
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 8
Our QC/QA program will include the review of project documents and supporting data by our task managers and key staff who will direct individual tasks. Our QC/QA program will include the following procedures:
» The task manager will be responsible for being thoroughly familiar with requirements and will be given the authority to direct the project team and call upon our corporate resources, as required, to satisfy the project needs » An internal “kick-off” meeting will be held with key individuals assigned to the task to clearly define the scope of services and establish the schedule
» Project meetings and decisions will be documented by a “paper trail.” All documents will be supported by appropriate data that will clearly show the choices evaluated and the basis for our recommendations » Supporting calculations, text, or data used to develop a document will be signed and dated by the individual involved when the services are performed. Also, telephone conversations and meetings that include or affect a project decision will be documented » Team network review will be undertaken. Team network quality control is the day-to-day peer review that is undertaken by the project team. Documents, analyses, letters, etc., are reviewed by a team member other than the individual preparing the documents and analyses.
Review of significant analyses and documents are provided by the task manager for each task. The individual doing the checking will sign and date the documents and prepare a record of the findings. The findings will be resolved by the originator of the document and checked again until corrected. Quality control review comments will be maintained in a quality assurance file. This network review will be enhanced by weekly or bimonthly full team meetings with the task manager
SCHEDULE AND BUDGET CONTROL
Kimley-Horn understands the importance of meeting the City’s schedule and is committed to completing this project on time. Our confidence in being able to meet the City’s timeline is attributed to our stringent approach to schedule control. We understand that schedule control must begin with a clear understanding of the scope of work and budget as well as the subsequent preparation of a detailed schedule that includes milestone completion dates, critical path items, and risks for interim deliverables. We maintain a detailed, integrated Management Information System (MIS), designed primarily to focus on schedule control. MIS tracks both effort and performance by recording time spent and percent of projects completed. Twice monthly, MIS produces a Project Effort Report, which shows the actual effort expended by task. This internal control allows us to make any timely adjustments reasonably necessary to maintain project schedules.
Cost control is achieved through two independent processing systems integrated into the MIS, providing a complete financial and reporting overview of each individual task as well as the entire project. The project managers receive detailed status reports twice a month but can also access the system and obtain real time information on an ongoing basis. This level of tracking controls task budgets, allowing us to keep our clients fully informed of all administrative aspects of each task at a moment’s notice.
DOCUMENT CONTROL
We utilize a redundant document control system in which both hard and electronic copies of project deliverables and significant project communications are filed and tracked by project number and key words. Our streamlined electronic filing system includes records of meetings and data shared; documentation of design decisions; and data collected and/or provided by others, allowing us to quickly locate project records and respond to your requests in a timely fashion.
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 9
SCOPE OF WORK
Task 1: Project Management
Project management will consist of project coordination, administration, and attendance at project meetings. Kimley-Horn’s administration efforts include the development and maintenance of the project schedule, work plan, and filing system and processing timely invoices/ progress reports. We will create and maintain a simplified critical path method schedule, updating it as needed and as requested by the City.
We assume that we will attend a pre-design (kick-off) meeting and bi-weekly progress conference calls with City staff and subsequently the 60%, 90%, and 100% design reviews. Kimley-Horn will coordinate with the City to develop agendas for each meeting. After each meeting, Kimley-Horn will prepare minutes to document decisions and action items and will distribute a digital copy to each meeting attendee. Any additional in-person meetings or conference calls will require a change in scope.
Task 1 Deliverables
3 Attendance at kick-off meeting and bi-weekly progress conference calls 3 Electronic copy of meeting agendas and meeting minutes 3 Schedule updates at each submittal milestone (60%, 90%, 100% Submittals) Task 2: Preliminary Engineering
Kimley-Horn will be working with Avant-Garde to perform a Preliminary Environmental Study (PES) to prepare the Categorical Exclusion documents and coordinate with the City to receive approval.
Kimley-Horn will review existing record data and conduct field investigations at each of the 11 intersections to document existing signal head equipment, existing pedestrian countdown signal heads, and constraints that would affect the design of the proposed project. Kimley-Horn will also obtain right-of-way maps, assessor parcel maps, and easement information within the project limits. Any Temporary Construction Easements (TCEs) will be shown on the plans.
The project scope is not anticipated to impact utilities and will maintain existing signal head locations and equipment. As a result, Kimley-Horn believes that, in the interest of cost-savings for the City, utility coordination efforts will not be required or included for this project.
Kimley-Horn will prepare preliminary plans for traffic signal modifications at the 11 intersections to replace existing signal head backplates with retroreflective backplates and replace existing pedestrian non-countdown signal heads with countdown signal heads. Kimley-Horn will submit preliminary plans that would include four intersections per sheet and would show the removal of existing signal head backplates and the installation of reflective backplates. To reduce costs associated with plan preparation and City review, base mapping with each sheet will be kept to a minimum and will be limited to show only relevant signal equipment; conduit runs, pull boxes, controllers, and other elements unnecessary to the design will be omitted.
A preliminary opinion of probable construction costs will be prepared based on preliminary plans. A project contingency will be included in the engineer’s opinion of probable costs to provide for cost increases and unknown issues that may arise but cannot be specifically identified at this stage. The preliminary opinion of probable construction costs will be prepared in spreadsheet format using Microsoft Excel.
Kimley-Horn will prepare technical specifications. The base documents that the specifications will be based on is the City of South El Monte Traffic Signal Specifications, the Standard Specifications for Public Works Construction (“Greenbook”), and Caltrans 2018 Standard Specifications. The technical specifications will be prepared using the latest edition of Microsoft Word for Windows.
Plans will be completed in AutoCAD Version 2022 and will be presented with four intersections per plan sheet.
Task 2 Deliverables
3 One set of field notes for all 11 intersections
3 One set of preliminary plans in PDF format
3 Preliminary opinion of probable costs in PDF format
3 Technical specifications in PDF format
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 10
Task 3: Plans, Specifications & Estimate (PS&E)
Task 3.1 90% PS&E Package
Based on one set of non-conflicting comments on the 60% preliminary plans, Kimley-Horn will advance the construction documents to a 90% level of design. Kimley-Horn will adjust the design plans based on City comments.
Kimley-Horn will prepare a comment response matrix to be submitted with the 90% submittal. The comment response matrix will include the original comments, Kimley-Horn responses to the comments, and final resolution. Additional annotation will be added to the traffic signal plans based on the comments received by the City.
We anticipate the following plan sheet counts for the project:
» Cover sheet (one sheet)
» Notes, legends, and construction details (one sheet)
» Signal modification plans (three sheets)
Estimated total sheets: five sheets
We do not anticipate the following sheets to be part of the design at any stage of the project:
» Signing and striping plans
» Civil improvements
» Communication plans
» Street lighting plans
The engineer’s opinion of probable construction costs will be developed based on the preliminary plans. A project contingency will be included in the engineer’s opinion of probable costs to provide for cost increases and unknown issues that may arise but cannot be specifically identified at this stage. The opinion of probable construction costs will be prepared in spreadsheet format using Microsoft Excel.
Kimley-Horn will prepare technical specifications. The base documents that the specifications will be based on is the City of South El Monte Traffic Signal Specifications, the Standard Specifications for Public Works Construction (“Greenbook”), and Caltrans 2018 Standard Specifications. The technical specifications will be prepared using the latest edition of Microsoft Word for Windows.
Task 3.1 Deliverables
3 One set of 90% plans in PDF format
3 Updated technical specifications in PDF format
3 90% opinion of probable cost in PDF format
3 Comment response matrix in PDF format
Task 3.2 100% PS&E Package
Based on one set of non-conflicting comments from the 90% PS&E comments, Kimley-Horn will advance the PS&E to the 100% level of design. It is expected that the comments will not result in a major change in design. Kimley-Horn will adjust the plans, opinion of probable cost, and technical specifications based on the City comments accordingly. Kimley-Horn will prepare a comment response matrix to be submitted with the final submittal. The comment response matrix will include the original comments, Kimley-Horn responses to the comments, and final resolution. A licensed professional engineer will conduct a peer review and QC/QA of the design plans, cost estimates, and technical specifications. A licensed professional engineer will stamp and sign all plan sheets for this submittal.
Task 3.2 Deliverables
3 One set of 100% plans with wet signed mylars
3 Updated technical specifications in MS Word
3 100% opinion of probable cost in Excel
3 Comment response matrix in PDF format
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 11
Task 3.3 Caltrans LAPM Forms for PSE Certification and E-76 Construction Authorization Kimley-Horn will be working with Avant-Garde to prepare Caltrans LAPM forms for PSE certification and E-76 Construction Authorization.
Avant-Garde understands federal and state requirements, funding administration, and the complex diversity of Southern California. They are uniquely qualified to perform extensive research to identify and secure grants as an on-call consultant, deliver a variety of grants, deliver reports and documents for projects from inception to conclusion, and administer federal, state, and regional required submittals and reporting.
The Request for Authorization (RFA) will be submitted in advance for right-of-way certification. If there are no right-of-way takes, a Short Form will be submitted. When approved, we will submit with the full RFA package.
Task 3.3 Deliverables
3 Right-of-way certification package
3 RFA to proceed with construction to secure the E-76
Task 4: Bidding and Construction Support
This task consists of coordination and support during the bidding phase of the project. Kimley-Horn will attend the pre-bid meeting and assist City staff and/or potential contractors in answering pre-bid questions, and interpretations of the plans and specifications. Kimley-Horn will provide responses to requests for information (RFI) during the bidding phase and prepare project addenda.
Kimley-Horn will also assist with coordination and support during the construction stages of the project. Kimley-Horn will attend the preconstruction meeting and address items for the construction management team to be aware of. Kimley-Horn will be involved during construction stages by responding to RFIs, reviewing and responding to all submittals, and reviewing any proposed changes by the contractor during construction. We will attend up to five construction progress meetings or field meetings.
Task 4 Deliverables
3 Response to pre-bid questions
3 Response to RFI and questions during bidding phase
3 Attendance of up to five meetings
3 Response to RFI’s and submittal reviews
Task 5: Prepare Record Drawings (As-Builts)
Kimley-Horn will prepare record drawing as-builts after construction has been completed. Any comments and changes during construction as red-lined and noted by the contractor will be documented and annotated. Record drawings will be prepared in AutoCAD and PDF electronic files will be sent to the City.
Task 5 Deliverables
3 Record drawings in PDF electronic format
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 12
SECTION 2: SCHEDULE
Our draft project schedule is provided below. This schedule assumes a Notice to Proceed of October 2022. It is our intent to review this schedule with the City at the start of the project and make any desired adjustments and track the project work as a progress schedule by providing regular updates.
Task Name
2022 2023
Oct Nov Dec Jan Feb Mar Apr May
Task 1 – Project Management
Task 2.1 – Environmental Documentation
Task 2.2-2.5 – Field Work/60% Preliminary Plans
Task 3 – Plans, Specifications, and Estimates (PS&E)
Task 4a – Bidding Assistance: Advertising period,
Council to award, Agreement execution (approximately 2 months) Task 4b – Construction Support
Task 5 – Prepare Record Drawings (As-Builts)
2 Wks Review (City)
90%
Submitted
(mid of September)
100%
Submitted
(mid of October)
Ongoing
(Ongoing throughout duration of construction)
(After construction
completion)
Design must be complete by 3/31/2023
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 13
SECTION 3: PROJECT TEAM, KEY PERSONNEL, AND RESUMES
FIRM PROFILE
Kimley-Horn is a full-service engineering, planning, and environmental consulting firm providing services to both public and private sector clients nationwide. Since our founding in 1967, Kimley-Horn has grown from a small group of transportation planners and traffic engineers to a multidisciplinary firm of more than 6,100 employees in 106 offices nationwide, including 12 in California. Work for this project will be led out of our local Downtown Los Angeles office. Today, we are one of the largest engineering consulting firms in the U.S. This year, Engineering News-Record has ranked Kimley-Horn 10th of the top 500 U.S. design firms. Our growth is the direct result of our commitment to integrity and dedication to providing quality services. Our clients receive the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm can offer.
PROJECT TEAM
Our team will be led by Jean Fares, P.E., a successful Kimley-Horn project manager with over 30 years of experience in traffic and transportation engineering in Southern California. Jean will coordinate with the City’s project manager to execute the scope of work. He will take the lead in preparing all individual task assignments with staff and will personally manage the overall project, schedule, and deliverables, projecting one point of contact for the City.
Jean understands how important effective project management is to the success of a project. That’s why, for this project, he will implement Kimley-Horn’s proven fundamentals for project management, consisting of:
» Developing a clear understanding of the task to be accomplished (carefully determining what services we will deliver) » Developing a comprehensive work plan and schedule to accomplish the task goals » Setting weekly and monthly milestones that support the larger milestones » Maintaining regular coordination with the project team to discuss any technical issues and provide updates on milestone progress » Engaging with stakeholders during early stages in the project and foster community support for the project by understanding and addressing public concerns up front
Jean will be supported by Kevin Aguigui, P.E, T.E., E.E., CSEP, with more than 32 years of experience in the transportation industry; Jason Melchor, P.E., with over 24 years of experience in transportation engineering; Darryl dePencier, AICP, GISP, RSP1, RSP2B, with 15 years of transportation planning experience; Lissette Montoya, a staff member of our subconsultant Avant-Garde, Inc. with more than 18 years of funding administration experience; and a team of additional, well-qualified engineers.
The organizational chart below delineates the roles and responsibilities of both Kimley-Horn’s key personnel and subconsultant staff. Our project team is unsurpassed in local knowledge and relevant experience and has been structured to provide strong support to the City’s project manager. Resumes that highlight the experience and qualifications of our key personnel are provided starting on page 15.
ORGANIZATIONAL CHART
Traffic Signal Plans (PS&E)
Jason Melchor, P.E.
Tim Chan, P.E.
Vivian Chong, EIT
Funding Administration
Lissette Montoya1
Keith LeNoue1
Caltrans LAPM
Jean Fares, P.E.
Darryl dePencier, AICP, GISP, RSP1
, RSP2B
Bidding/Construction Support
Jason Melchor, P.E.
Tim Chan, P.E.
QC/QA Manager
Kevin Aguigui, P.E., T.E., E.E., CSEP
Project Manager
Jean Fares, P.E.
Subconsultants:
1. Avant-Garde, Inc. (DBE)
Bold = Key Team Members
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 14
SUBCONSULTANTS
Avant-Garde, Inc. – Funding
Administration
To enhance our team, we have partnered with Avant-Garde, Inc. AvantGarde has built a strong reputation for providing innovative and successful solutions for a number of public agencies. They are committed to developing a working relationship that becomes a seamless extension of the City’s staff. Avant-Garde has intimate knowledge of the City’s processes due to the funding administration, grant writing, community outreach, and labor compliance services they have provided the City since 2016. The firm has assisted the City with the processes required pursuant to Caltrans LAPM funding administration procedures. Avant-Garde has completed and is continuing to work on several Caltrans and Metro submittals within various stages including ATP, Metro Measure M, and HSIP funded projects
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 15
Jean has more than 30 years of experience–including 28 years at Kimley-Horn–with the planning and design of traffic and transportation projects throughout California and the western U.S. As a registered Professional Engineer (Traffic) in California, he has provided traffic signal design at over 2,000 locations, signal system design at over 1,500 locations, and traffic signal timing at over 2,500 locations, and has wide-ranging experience with traffic operations, signing and marking plans preparation, transportation management plans (TMP), and traffic control plans. Jean also has extensive experience in applying traffic engineering, Intelligent Transportation Systems (ITS) technologies, and communications infrastructure design to leading design-build transportation and transit projects.
Relevant Experience
» City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits, Monterey Park, CA – Project Manager
» City of Palm Springs, Traffic Signal Improvements (HSIP Project), Palm Springs, CA – Project Manager » City of Culver City, Signal Upgrade and Left Turn Phasing Project (HSIP Project), Culver City, CA – Project Manager » City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP Project), West Hollywood, CA – Project Manager
» City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP Project), San Bernardino, CA – Project Manager
» City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System (HSIP Project), Downey, CA – Project Manager
» City of Santa Clarita, Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement (HSIP Project), Santa Clarita, CA – Deputy Project Manager » City of Thousand Oaks, Rancho Road Sidewalks and Bike Lanes (HSIP Project), Thousand Oaks, CA – Project Manager » City of San Marino, Los Robles Avenue Traffic Signal Improvement and Interconnect, San Marino, CA – Project Engineer » City of Glendale, Smart Corridor-San Fernando Road, Glendale, CA – Project Manager » Los Angeles County, Pomona Valley Advanced Traffic Management and ITS Project, Pomona Valley, CA – Project Manager » Los Angeles County, Colima Road and Fullerton Road ITS and Street Improvements, Los Angeles County, CA – Project Manager » Los Angeles County, Nogales Street Traffic Signal Synchronization Project, Various Cities in Los Angeles County, CA – Project Manager
» Los Angeles County, Woodruff Avenue Traffic Signal Synchronization Project, Various Cities in Los Angeles County, CA – Project Manager
» Los Angeles County, Marine Avenue Traffic Signal Synchronization Project, Various Cities in Los Angeles County, CA – Project Manager
» City of Burbank, Buena Vista Street and Winona Avenue Improvements, Burbank, CA – Project Manager » City of Santa Monica, Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA – Project Manager » City of Agoura Hills, On-Call Traffic Engineering Services, Agoura Hills, CA – Project Director » City of Long Beach, Long Beach Boulevard Traffic Signal System Projects, Long Beach, CA – Project Manager Jean Fares, P.E.
Project Manager
Professional Credentials
& Affiliations
» Bachelor of Science,
California State Polytechnic
University, Pomona
» Professional Engineer in
California #TR2097
» Institute of Transportation
Engineers (ITE), Member
RESUMES
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 16
Professional Credentials
& Affiliations
» Bachelor of Science, Civil
Engineering, University of
Hawaii at Manoa
» Certificate with Distinction,
Telecommunications and
Network Engineering, UC
Berkeley Extension
» Professional Engineer in
California #48732 (Civil),
#19888 (Electrical),
#1781 (Traffic)
» Certified Systems Engineering
Professional #00156
Kevin is a Senior Electrical and Systems Engineer with extensive hands-on experience in ITS, transportation engineering, and electrical systems design. His main focus is in the areas of ITS, transit ITS, security and surveillance systems, communications networks, traffic engineering and design, adaptive control systems and transit signal priority systems. He has planned, designed, implemented, and integrated numerous ITS systems that have included advanced transportation controllers, closed-circuit televisions (CCTVs), variable message sign (VMS), detection systems, security and surveillance systems, real-time transit information systems, wireless networks, local and wide area networks, and electrical distribution systems.
He has conducted numerous technology evaluations, prepared several ITS strategic and master plans, and conducted systems integration for many different types of networks and systems. He has implemented and integrated all forms of communications networks including configuration and testing of field elements and network equipment for both wired and wireless systems.
Relevant Experience
» City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits, Monterey Park, CA – QC/QA Reviewer
» City of Palm Springs, Traffic Signal Improvements (HSIP Project), Palm Springs, CA – QC/QA Reviewer » City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP Project), West Hollywood, CA – QC/QA Reviewer
» City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP Project), San Bernardino, CA – QC/QA Reviewer
» City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System (HSIP Project), Downey, CA – Project Engineer
» LA Metro, Expo Metro Line Construction Authority, Design of LRT Phase 2 - Stage B, Los Angeles, CA – Systems Engineer » City of Santa Monica, Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA – QC/QA Reviewer » Port of Long Beach, Gerald Desmond Bridge Design-Build (D-B) Project, Long Beach, CA – Electrical and Systems Engineer » City of Santa Clarita, ITS Phases II - VII Projects, Santa Clarita, CA – QC/QA Reviewer » City of Stockton, Miner Avenue and Filbert Street Traffic Signal Installation, Stockton, CA – Principal-in-Charge » City of Stockton, Davis Road and Wagner Heights Road Traffic Signal Installation, Stockton, CA – Principal-in-Charge/QC/QA Reviewer
» City of Walnut Creek, Adaptive Traffic Signal System, Walnut Creek, CA – Project Manager » City of Dublin, Citywide Traffic Signal Communications Inventory, Dublin, CA – QC/QA Reviewer » City of Santa Clara, De La Cruz Boulevard, El Camino Real, and Scott Boulevard Traffic Signal Interconnect and Coordination Project, Santa Clara, CA – Project Manager
» City of Santa Clara, Bowers Avenue Traffic Signal Interconnect, Santa Clara, CA – Project Manager » City of Santa Clara, Benton Street at Pomeroy Avenue Intersection Improvements and Signal Interconnect Project, Santa Clara, CA – Project Manager
Kevin Aguigui, P.E., T.E., E.E., CSEP
QC/QA Reviewer
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 17
Professional Credentials
& Affiliations
» Bachelor of Science, Civil
Engineering, Specialization in
Transportation, University of
California, Irvine
» Professional Engineer in
California #C65218
» Institute of Transportation
Engineers (ITE), Member
» Orange County Traffic
Engineering Council
Jason is a professional engineer with 24 years of experience in traffic engineering and transportation planning. He has worked with clients in Los Angeles, Orange, Riverside, San Bernardino, and San Diego Counties on traffic engineering projects such as traffic signal designs, signing and striping, traffic control, and signal interconnect design plans. He has prepared traffic impact studies and performs technical analyses for a variety of transportation planning projects including transit analysis and circulation studies.
Jason recently completed signal upgrades for 224 intersections in San Bernardino.
Relevant Experience
» City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits, Monterey Park, CA – Project Engineer
» City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP Project), San Bernardino, CA – Project Engineer
» City of Palm Springs, Traffic Signal Improvements (HSIP Project), Palm Springs, CA – Project Engineer » City of Culver City, Signal Upgrade and Left Turn Phasing (HSIP Project), Culver City, CA – QC/QA Reviewer » City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP Project), West Hollywood, CA – Project Engineer
» City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System (HSIP Project), Downey, CA – Project Engineer
» City of Santa Clarita, Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement (HSIP Project), Santa Clarita, CA – Project Engineer » City of Orange, Glassell Street Traffic Engineering Services (HSIP Project), Orange, CA – Project Manager » City of Orange, Glassell Street at Palmyra Avenue Traffic Signal Improvements (HSIP Project), Orange, CA – Project Manager » City of Pasadena, Pasadena SAFETEA-LU System Manager, Pasadena, CA – Project Engineer » City of Burbank, Riverside Fiber Optic Improvements, Burbank, CA – Project Engineer » City of Ontario, City Municipal Fiber-Optic Network, Ontario, CA – Project Engineer » City of Santa Monica, Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA – Project Engineer » LA Metro, Expo Metro Line Construction Authority, Design of LRT Phase 2 (Stage B), Los Angeles, CA – Project Engineer » City of Jurupa Valley, Flashing Yellow Arrow Signal Modifications at 10 Intersections, Jurupa Valley, CA – Project Manager » City of Jurupa Valley, Pedley Road at Jurupa Road Intersection Improvements, Jurupa Valley, CA – Project Manager » City of Industry, On-Call Traffic Engineering Services, Industry, CA – Project Manager » City of Eastvale, Systemic Safety Analysis Report, Eastvale, CA – Project Engineer » City of Santa Clarita, ITS Phases II through VII Projects, Santa Clarita, CA – Project Engineer » City of Agoura Hills, On-Call Traffic Engineering Services, Agoura Hills, CA – Project Engineer » OCTA, Traffic Signal Synchronization Master Plan, Orange County, CA – Project Engineer » City of Newport Beach, East Coast Highway Signal Rehabilitation Project, Newport Beach, CA – Project Manager Jason Melchor, P.E.
Traffic Signal Plans (PS&E)
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 18
Professional Credentials
& Affiliations
» Master of Urban Spatial
Analytics, University
of Pennsylvania
» Bachelor of Arts, Geography,
Carleton University
» American Institute of Certified
Planners #59317
» Geographic
Information Systems
Professional #26552
» Road Safety
Professional1 #273
» Road Safety
Professional2B #17
Darryl has over 15 years of experience assisting on and leading transportation planning and engineering projects. He has developed a number of tools and methods to assess multimodal transportation system performance focused on mobility, safety, equity, sustainability, and health. His experience ranges from establishing transportation policy language to network evaluation at local, regional, and statewide levels.
Darryl routinely uses a variety of data sources to inform his analyses including travel demand models; census data; LODES data; vendor products such as Replica, Streetlight and Teralytics; and information collected from stakeholders and the public. He is skilled in GIS and other analytical software systems to create robust and user-friendly products that help decisionmakers and the public make the best use of his plans and studies.
Relevant Experience
» City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits, Monterey Park, CA – Project Planner
» City of Eastvale, Local Roadway Safety Plan, Eastvale, CA – Project Manager » City of Eastvale, Systemic Safety Analysis Report and HSIP Project Development, Eastvale, CA – Project Manager » City of Artesia, Local Roadway Safety Plan and HSIP Project Development, Artesia, CA – Project Manager » City of Anaheim, Local Roadway Safety Plan and HSIP Project Development, Anaheim, CA – Project Planner » City of Costa Mesa, Local Roadway Safety Plan, Costa Mesa, CA – Project Manager » City of Santa Clarita, Systemic Safety Analysis Report Project, Santa Clarita, CA – Project Planner » City of Lancaster Systemic Safety Analysis Report Program, Lancaster, CA – Project Planner » City of Ventura, Systematic Safety Analysis Report Program and HSIP Project Development, Ventura, CA – Project Planner » City of Goleta, Traffic Safety Study for the Systemic Safety Analysis Report Program and HSIP Project Development, Goleta, CA – Project Planner
» City of Perris, Local Roadway Safety Plan and HSIP Project Development, Perris, CA – Project Manager » City of Moreno Valley, RSA/Roadway Safety Signing Audit (RSSA), Moreno Valley, CA – Project Planner » RCTD, Horizontal Curve Assessment, Riverside County, CA – Project Planner » County of Imperial, Systematic Safety Analysis Report for Varied Roadways and HSIP Project Development, Imperial County, CA – Project Planner
» Caltrans, Strategic Highway Safety Plan, Statewide, CA – Project Planner » Caltrans, Safety Performance Measure Targeting, Statewide, CA – Project Planner » SBCAG, Senate Bill 1 Grant Services, Statewide, CA – Project Planner » MCAG, Regional Transportation Plan/Sustainable Communities Strategy, Merced, CA – Project Planner » SCCRTC, Unified Corridor Investment Study, Santa Cruz County, CA – Project Planner » City of Sunnyvale, Roadway Safety Plan, Sunnyvale, CA – Project Manager » City of Lincoln, Bicycle Plan Update, Lincoln, CA – Project Planner » City of Citrus Heights, Local Roadway Safety Plan, Citrus Heights, CA – Project Planner Darryl dePencier,
AICP, GISP, RSP1
, RSP2B Caltrans LAPM
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 19
Professional Credentials
& Affiliations
» Master of Business
Administration, California
State Polytechnic
University, Pomona
» Bachelor of Science,
Business Management,
California State Polytechnic
University, Pomona
Lissette has more than 20 years of comprehensive experience in project management and analysis, funding management, grant administration, and community outreach programs. She is experienced in issues impacting city governments and contract administration. She has experience in identifying federal and state fund allocation balances, programming funds, and administers long-and-short range programs consistent with the economic capabilities of the agency. Lissette directs the Program Management team to ensure that projects are developed in accordance with policy and procedural requirements, assists in determining eligible projects for various funding sources, and manages development and capital improvement programs/projects from conception to completion. Lissette has assisted various agencies in performing a variety of analyses and studies to identify state and federal funding options, performed time-critical and confidential studies related to fiscal and administrative requirements of grant programs, assisted in the grants solicitation process, planned and coordinated the implementation of awarded grants to ensure that the agency was in compliance with applicable laws and regulations, and monitored and audited grant expenses.
Under her direction, Avant-Garde has successfully monitored federal and state funding for municipal agencies throughout Southern California and written grants to secure over $461.7 million in funding for government agencies.
Relevant Experience
» City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits, Monterey Park, CA – Project/Funding Manager
» City of Industry, SR-57/60 Confluence, Industry, CA – Project/Funding Manager » City of Industry, Local Highway Bridge Program, Industry, CA – Project/Funding Manager » City of Industry, Lemon Avenue Interchange, Industry, CA – Project/Funding Manager » City of La Mirada, Alondra/Valley View Improvements, La Mirada, CA – Project/Funding Manager » City of Temple City, Rosemead Boulevard Beautification and Enhancements, Temple City, CA – Funding Manager » Caltrans Local Assistance Process for various projects and various agencies including: South El Monte, Alhambra, Bell Gardens, Carson, Culver City, Commerce, El Monte, La Canada Flintridge, Lynwood, Manhattan Beach, Montebello, Monterey Park, Norwalk, Rosemead, Ventura, and West Covina, CA – Project/Funding Manager Lissette Montoya
Funding Administration
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 20
SECTION 4: COMPANY QUALIFICATIONS
Kimley-Horn has experience performing similar signalized intersection work for public agencies throughout Southern California. Below is a matrix that summarizes our team’s extensive experience. Following this table, we have selected key projects to showcase Kimley-Horn’s successful track record.
PROJECTSProject ManagementBackground ResearchField Check/Data CollectionUtility CoordinationEnvironmental AnalysisRight-of-WayTraffic Signal Design – PS&ESignal TimingContractor CoordinationLAPMBiddingConstruction Support Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits (HSIP), Monterey Park 4 4 4 4 4 4 4 4 4 4 4 4 Traffic Signal Improvements (HSIP), Palm Springs, CA 4 4 4 4 4 4 4 4 4 4 4 4 Signal Upgrade and Left Turn Phasing Project (HSIP), Culver City, CA 4 4 4 4 4 4 4 4 4 4 4 Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP), San Bernardino, CA 4 4 4 4 4 4 4 4 Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP), West Hollywood, CA 4 4 4 4 4 4 4 4 4 4 4 4 Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System (HSIP), Downey, CA 4 4 4 4 4 4 4 4 4 4 4 Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement Project (HSIP), Santa Clarita, CA 4 4 4 4 4 4 4 4 4 4 4 4 Caltrans On-Call Electrical Engineering Services, Various, CA 4 4 4 4 4 Glassell Street Traffic Engineering Services (HSIP), Orange, CA 4 4 4 4 4 4 4 4 RSA/RSSA, Moreno Valley, CA 4 4
Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA 4 4 4 4 4 4 4 4 Final Design Services for Traffic Signal Improvements along Studebaker Road (HSIP), Norwalk, CA 4 4 4 4 4 4 4 4 4 4 4 4 Design Services for Traffic Signal Improvements along Alondra Boulevard (HSIP), Norwalk, CA 4 4 4 4 4 4 4 4 4 4 4 4 Traffic Signal Synchronization Project, Coachella Valley, CA 4 4 4 4 4 4 Seven Traffic Signals and Flashing Yellow Arrow Signal Modifications Project, Rancho Cucamonga, CA 4 4 4 4 4 4 4 4 Traffic Signal Improvements (135 Intersections), Burbank, CA 4 4 4 4 4 4 4 4 4 On-Call Traffic and Transportation Services, Corona, CA 4 4 4 4 4 4 4 4 4 On-Call Traffic Engineering Services, Agoura Hills, CA 4 4 4 4 4 4 4 4 4 Rancho Road Sidewalks and Bike Lanes (HSIP), Thousand Oaks, CA 4 4 4 4 4 4 4 4 4 4 4 4 Woodruff Avenue Traffic Signal Synchronization Project, Los Angeles County, CA 4 4 4 4 4 4 4 4 Traffic Signal System Design Select List (200 traffic signal upgrades), Los Angeles County, CA 4 4 4 4 4 Smart Corridor-San Fernando Road, Glendale, CA 4 4 4 4 4 4 4 On-Call Traffic Signal Design Services (25 Intersections), Palmdale, CA 4 4 4 4 4 4 4 On-Call Traffic Engineering Services, Industry, CA 4 4 4 4 4 4 4 San Fernando Road Improvements, Santa Clarita, CA 4 4 4 4 4 4 4 4 4 On-Call Engineering Services, South El Monte, CA 4 4 4 4 4 4 4 4 4 Harbor Scenic Drive and Harbor Plaza Intersection Improvements, Port of Long Beach, CA 4 4 4 4 4 4 4 4 4 4 4 SSARP for Varied Roadways, Imperial County, CA 4
Traffic Signal Design at 75 Locations, Glendale, CA 4 4 4 4 4 4 4 4 Traffic Engineering Services On-Call, Chino, CA 4 4 4 4 4 4 4 4 As-Needed Traffic Engineering Services, Los Angeles, CA 4 4 4 4 4 4 4 4 Traffic Signal Upgrades, Arcadia, CA 4 4 4 4 4 4 4 4
12. CONTRACTOR CAPABILITY AND REFERENCES
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 21
City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits (HSIP Project), Monterey Park, CA Kimley-Horn is working with the City of Monterey Park to make safety improvements at nine intersections along Garfield Avenue. The intersections have not been upgraded for more than 20 years and the insufficient visibility of traffic signal equipment required upgrading all 8” vehicle heads to 12” vehicle heads, installing retroreflective borders on the backplates of each vehicle head, and installing countdown pedestrian signal heads. Kimley-Horn also partnered with Avant-Garde to complete the environmental PES and Caltrans coordination for the project.
City of Palm Springs, Traffic Signal Improvements (HSIP Project), Palm Springs, CA Kimley-Horn is assisting the City of Palm Springs with upgrading traffic signal equipment at nine intersections to improve motorist and pedestrian and bicyclist safety. The City completed a citywide roadway safety analysis and ranked all intersections on collision frequency and severity of collisions. The crash data analysis and field observations indicated that signal hardware upgrades could improve conditions related to injury crashes involving motorists, bicycles, and pedestrians. The nine project intersections were identified based on a high number of unsafe speeding vehicles, traffic signals and signs, and automobile right-of-way related collisions. Kimley-Horn’s services include the installation of Advanced Dilemma Zone Detection, implementing a protected left-turn phase, and the upgrade of pedestrian signal heads and push buttons (PPBs). In addition, Kimley-Horn is upgrading the ADA curb ramps to improve pedestrian safety where ADA compliant ramps are currently not present. This project also includes the implementation of new traffic signal timing plans to improve traffic operations and safety throughout the day. The project controllers have Intelight MAXTIME software and are controlled by a MAXVIEW central system. Kimley-Horn is providing civil, traffic, and environmental services which includes environmental PES and California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA) documents.
City of Culver City, Signal Upgrade and Left Turn Phasing (HSIP Project), Culver City, CA Kimley-Horn was selected by the City of Culver City to provide designs for 12 signalized intersections in the City. Duties include field review and survey, utility research, ADA curb ramp design, and the preparation of construction drawings for traffic signal modification design and the installation of left-turn phasing at the intersections.
CITY OF MONTEREY PARK, CALIFORNIA
PREPARED IN THE OFFICE OF
GARFIELD AVENUE
TRAFFIC SIGNAL IMPROVEMENTS
©
GARFIELD AVE.
HAMPTON AVE. AVONDALE AVE.
GARFIELD AVE.
GARFIELD AVE.
GARVEY AVE.
CONSTRUCTION NOTES:
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 22
City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP Project), San Bernardino, CA Through Caltrans’ HSIP Cycle 9 funding, the City of San Bernardino received funding to upgrade various signal hardware for 224 signalized intersections throughout the city. Proposed improvements at the 224 project intersections included upgrades to signal hardware components, including traffic signal heads, push buttons, and pedestrian signal heads. Most of the traffic signal hardware at the study intersections was installed decades ago and required equipment upgrades to bring signal hardware component operations up to date to meet minimum ADA and CA Manual on Uniform Traffic Control Devices (MUTCD) requirements. Kimley-Horn provided PS&E services and assisted the City in updating outdated and damaged traffic signal hardware, installing new hardware where necessary, and improving safety by implementing or replacing traffic signal head components, pedestrian signal heads, and pedestrian push buttons. Kimley-Horn is providing civil, traffic, and environmental services which includes an environmental PES and CEQA/NEPA documents.
City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP Project), West Hollywood, CA
The City of West Hollywood developed a Smart City Strategic Plan by implementing cutting edge technology to ultimately improve traffic flow, reduce congestion, and improve safety. The plan identifies several phases for implementation. Kimley-Horn is providing services upgrading the City’s existing Twisted Wire Pair (TWP) copper interconnect to fiber-optic, connecting to the existing system to form a loop, and establishing communication hubs and redundant networks.
City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System (HSIP Project), Downey, CA
This project involves the extension of an existing communication system, which will interconnect the traffic signals along Paramount Boulevard in Downey including all other field devices to be installed along this corridor. The existing communications system consists of a fiber-optic network of communication hubs and signalized intersections all communicating using IP over Ethernet. This solution made the City of Downey the first city in Southern California to deploy a fully operational Ethernet communications system. The communications network essentially consists of a ring topology of field hubs and the Traffic Management Center (TMC)—and star topology of signalized intersections. Services performed include the installation of fiber and video detection on Paramount Boulevard from Telegraph Road to Gardendale Street.
City of Santa Clarita, Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement (HSIP Project), Santa Clarita, CA Kimley-Horn prepared construction documents including street improvements, median improvements, traffic signal modification, and signing and striping plans. Kimley-Horn assisted the City in extending the existing turn pocket length and installing a protected left phase at Wiley Canyon Road and Orchard Village Road. Kimley-Horn also assisted in design of a bulb-out and new medians at Newhall Avenue and Railroad Avenue to provide more refuge to pedestrians. Both intersections required modification of the existing landscaping, irrigation, and traffic signal.
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 23
SECTION 5: REFERENCES
We have provided six public agency references and invite you to contract these individuals and ask them about their experience working with our team.
City of Palm Springs
Francisco Jaime, Associate Civil Engineer, 760.323.8253 ext. 8750, [email protected] City of Culver City
Andrew Maximous, Mobility and Traffic Engineering Manager, 310.253.5628, [email protected]
“Jean truly provides the combination of a hands-on approach, attention to detail, and client service needed to deliver a successful project. I would highly recommend Kimley-Horn and specifically Jean Fares for future traffic engineering projects.” – Andrew Maximous
City of San Bernardino
Azzam Jabsheh, Traffic Engineer, 909.384.7251, [email protected] City of West Hollywood
John Gilmour, Principal Civil Engineer, 323.848.6383, [email protected] City of Downey
Edwin Norris, Deputy Public Works Director, 562.904.7246, [email protected] “Their work has always been completed and provided in the utmost professional manner within budget and schedule. The City of Downey has been very satisfied with Kimley-Horn’s responsiveness and would not hesitate to hire this firm again.” – Edwin Norris
City of Santa Clarita
Cesar Romo, Traffic Signal Administrator, 661.286.4002, [email protected] “The City has three to four firms under our On-Call contract. I give Kimley-Horn the majority of the work. I consider Kimley-Horn as an augmentation of my staff.” – Cesar Romo
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 24
SECTION 6: CITY’S STANDARD PROFESSIONAL SERVICES
AGREEMENT
Kimley-Horn has reviewed the sample Contract Services Agreement and requests the following modifications consistent with terms recently negotiated with the City.
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, […]. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants maintains that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. […].
5.2 General Insurance Requirements.
(c) Primary/noncontributing. Coverage provided by Consultant, with the exception of professional liability, worker’s compensation and employer’s liability, shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. […].
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this […]. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder for all services rendered prior to the effective date of the notice of termination. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 25
SECTION 7: ADDENDA ACKNOWLEDGMENT
The City of South El Monte has not issued an Addenda for this project.
Design Services for Traffic Signal Improvements at
Various Signalized Intersections
HSIP Cycle 9 Project, HSIPL-5352(020)
Proposal to Provide
City of South El Monte TRED96026.2022 26
SECTION 8: REQUIRED ATTACHMENTS
We have included the following required forms in this section:
» Attachment A – Affidavit of Non-Collusion
» Attachment B – Claims History
» Attachment E.1 – Exhibit 10-I: Notice to Proposers DBE Information » Attachment E.2 – Exhibit 10-O1: Consultant Proposal DBE Commitment » Attachment E.3 – Exhibit 10-Q: Disclosure of Lobbying Activities
Kimley-Horn and its subsidiaries have provided services in all fifty states and numerous countries. Because of the many and varied projects we have completed, we are subject to various legal proceedings from time to time and in the ordinary course of business. It is not practical to provide a complete list as part of this proposal. None of the pending matters, if decided against Kimley-Horn, would have a material impact on our financial statements or impair in any way our ability to serve our clients. Generally, these matters are covered by insurance, and we consider them to be without merit. If you would like to discuss our legal matters in more detail, please contact Kimley-Horn’s General Counsel, Richard Cook, at 919.677.2058.
Legal proceedings in California within the last ten (10) years are as follows:
29Twenty Maintenance Association v Van Daele Development, et al; Los Angeles County, Superior Court of the State of California; Case No 19STCV13496; filed 2019; alleged economic loss; settled; closed 2020 Air Wing, LLC v. One Piper Ranch, LLC v. Cross-Complainants: San Diego County Superior Court; Case No. 37-2014-00009315; filed 2016; alleged economic loss; Kimley-Horn dismissed; closed 2017.
Farhad Abad, individually and for the Estate of Mahin Ashki-Abad; et al v. US Foods, et.al.; Alameda County Superior Court; Case RG17856272; filed 2017; traffic accident, wrongful death claim; settled; closed 2019.
Rickey Fraley, Eileen Fraley v Live Nation Worldwide, Inc., et al: San Bernardino County Superior Court; Case No. CIVDS 1707090; filed 2017; wrongful death claim; Kimley-Horn dismissed; closed 2017.
Vicente Gomez, et al v. Pilot Travel Centers, LLC, et al; Case # CVRI2103878; Superior Court of California, County of Riverside; filed 2021; personal injuries; pending Nancy Graham v. City of Santa Cruz, et al: Santa Cruz County Superior Court; Case No. 16CV02729; filed 2017; bicycle accident, personal injuries; settled; closed 2018.
Davis S. Lindley, et al v. City of Los Angeles, et al: Los Angeles County Superior Court, Central District; Case No. BC576886; filed 2015; wrongful death claim; settled; closed 2016.
Michelle Mobbs, et al v Walden Environment, et al: Riverside Co Central Superior Court; Case RIC 1300161; filed 2012; served 2014; personal injury related to traffic accident; Kimley-Horn dismissed 2015.
Santa Monica Malibu Unified School District v Killefer Flammang Architects, et al: Superior Court California County of Los Angeles West District; Case SC115579; filed 2012; property damage; settled; closed 2013.
Brenda Sherriffs v. Kimley-Horn and Associates, Inc., et al: Santa Cruz County Superior Court; Case No. 16CV00335; filed 2016; bicycle accident, personal injuries; settled; closed 2019 Kimberly Lynn Wright and Ty Juan Montanez v City of Concord; et al; Superior Court of California, County of Contra Costa; Case No. MSC20-01067; filed 2020; served 2022; traffic accident, wrongful death claimed; pending
ATTACHMENT B
CLAIMS HISTORY
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City of South El Monte, RFP for Design Services (Readvertise), HSIPL-5352(020) Document Control Page 120 of 141 HSIPL-5352(020), Traffic Signal Improvements
City of South El Monte 10%
Various Signalized Intersections Throughout the City of South El Monte Kimley-Horn and Associates, Inc.
Preliminary Environmental (PES) no technical
studies; Right of Way submittal, Caltrans LAPM
36060
Advanced Avant-Garde Corporation
3670 W Temple Ave, Ste. 278 Pomona CA 91768
Tel: 909-979-6586
Jean Fares
Sr. Vice President
213.354.9402
8/15/2022
17.47%
17.47
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City of South El Monte, RFP for Design Services (Readvertise), HSIPL-5352(020) Document Control Page 121 of 141
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COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
/33 0D\
City of South El Monte, RFP for Design Services (Readvertise), HSIPL-5352(020) Document Control Page 123 of 141 Jean B. Fares, P.E.
Senior Vice President
213.261.4040 8.16.2022
NOT APPLICABLE
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COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
/33 0D\
City of South El Monte, RFP for Design Services (Readvertise), HSIPL-5352(020) Document Control Page 123 of 141 Ana Marie LeNoue
President/CEO
714-401-9362 8/4/2022
NOT APPLICABLE
Ana Marie LeNoue
Digitally signed by Ana Marie
LeNoue
Date: 2022.08.04 18:32:23 -07'00'
CONTACT
Jean Fares, P.E.
[email protected]
213.354.9402
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
www.kimley-horn.com
The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc., protected under U.S. copyright law.
Copyright © 2022 Kimley-Horn and Associates, Inc.
ATTACHMENT C
Prepared for:
Design Services for
HSIPL-5352(020)
Traffic Signal Improvements
at Various Signalized
Intersections
FEE PROPOSAL to Provide
Prepared by:
194.54% Overhead% Name Jean Fares Kevin Aguigui
194.38% Overhead% w/o FCCM Category/Title Project Manager QC/QA Manager 10% Fee% Direct Rate $113.38 $124.04 $94.40 $84.50 $73.09 $58.93 $44.85 $50.39 $37.10 Billing Rate $367.33 $401.86 $305.84 $273.76 $236.80 $190.92 $145.30 $163.25 $120.20 Task 1 17 0 0 0 0 0 14 0 6 37 $ 8,999.98
1.1 2 2 6 10 $ 1,746.44
1.2 8 8 16 $ 4,101.04
1.3 1 4 5 $ 948.54
1.4 6 6 $ 2,203.96
Task 2 2 2 6 0 6 10 52 0 2 80 $ 14,499.57
2.1 4 2 6 $ 1,187.57
2.2 2 2 $ 473.59
2.3 10 10 $ 1,453.04
2.4 10 10 20 $ 3,362.24
2.5 2 2 6 32 42 $ 8,023.12
Task 3 6 4 6 6 0 0 38 0 4 64 $ 13,291.33
3.1 4 2 4 20 2 32 $ 6,642.84
3.2 2 2 2 18 2 26 $ 5,005.91
3.3 6 6 $ 1,642.57
Task 4 6 0 2 0 0 0 28 0 4 40 $ 7,364.93
4.1 2 4 6 $ 1,315.87
4.2 4 2 6 $ 821.61
4.3 2 8 10 $ 1,897.09
4.4 2 6 2 10 $ 1,846.87
4.5 2 6 8 $ 1,483.50
Task 5 0 2 0 0 0 0 10 0 2 14 $ 2,497.16
5.1 2 10 2 14 $ 2,497.16
31 8 14 6 6 10 142 0 18 235
$ 11,387.11 $ 3,214.90 $ 4,281.69 $ 1,642.57 $ 1,420.77 $ 1,909.20 $ 20,633.19 $ - $ 2,163.53 $ 46,652.96 $ 9,873.98
$ 9,873.98
$ 56,526.94
Prepare Record Drawings (As-Builts)
Project Addenda
Pre-Construction Meeting and Job-Site Meetings (assume 5) Response to RFI's regarding PS&E, as needed
Response to RFI's during Project Advertisement
TOTAL COST:
Kick-Off Meeting
Project Progress Meetings
Environmental Documentation
Right-of-Way
Field Surveys to Assess Existing Conditions
Preliminary PS&E
90% PS&E
100% PS&E
Plans, Specifications and Estimates
Bidding and Construction Support
Review Base Data Documents
Caltrans LAPM
HSIP Cycle 9 Project - Traffic Signal Improvements at Various Signalized Intersections 7/19/2022
City of South El Monte
Kimley-Horn and Associates, Inc.
Total Hours Total Cost
Project Management
Preliminary Engineering
Sr. Project
Support
Project
Support
Project Schedule
Project Management
Prepare Record Drawing As-Builts
Response & Approvals of Contractor Submittals, as needed Other Direct Costs
Sr.
Professional II
Sr.
Professional I Professional II Professional I Analyst
Advanced Avant-Garde
TOTAL HOURS
Subtotal Labor:
Name
Lissette
Montoya
Nadine El
Sankari Keith LeNoue
120.00% Overhead % Category/Title
Program
Director
Program
Manager
Program
Coordinator
10% Fee% Direct Rate $120.58 $50.00 $32.00 $0.00
Billing Rate $291.80 $121.00 $77.44 $0.00
Task 1 0 0 0 0 0 $ -
1.1 0 $ -
1.2 0 $ -
1.3 0 $ -
1.4 0 $ -
Task 2 4 0 44 0 48 $ 4,574.57
2.1 2 22 24 $ 2,287.29
2.2 2 22 24 $ 2,287.29
2.3 0 $ -
2.4 0 $ -
2.5 0 $ -
Task 3 4 20 19 0 43 $ 5,058.57
3.1 0 $ -
3.2 0 $ -
3.3 0 $ -
3.4 0 $ -
3.5 4 20 19 43 $ 5,058.57
Task 4 0 0 0 0 0 $ -
4.1 0 $ -
4.2 0 $ -
4.3 0 $ -
4.4 0 $ -
4.5 0 $ -
Task 5 0 0 0 0 0 $ -
5.1 0 $ -
8 20 63 0 91
$ 2,334.43 $ 2,420.00 $ 4,878.72 $ - $ 9,633.15
$ 240.83
$ 240.83
$ 9,873.98
HSIP Cycle 9 Project - Traffic Signal Improvements at Various Signalized Intersections Total Costs
Advanced Avant-Garde Corporation
Total Hours
Project Management
Kick-Off Meeting
Preliminary PS&E
Plans, Specifications and Estimates
60% PS&E
Review Base Data Documents
Project Progress Meetings
Project Schedule
Preliminary Engineering
Environmental Documentation
Project Management
TOTAL COST:
Prepare Record Drawings (As-Builts)
Other Direct Costs
Subtotal Labor:
Labor Escalation
Prepare Record Drawing As-Builts
City of South El Monte
7/19/2022
90% PS&E
Response to Comments/Comment Matrix
Caltrans LAPM
Response to RFI's during Project Advertisement
Response & Approvals of Contractor Submittals, as needed 100% PS&E
Bidding and Construction Support
Pre-Construction Meeting and Job-Site Meetings (assume 5) Project Addenda
Response to RFI's regarding PS&E, as needed
Right-of-Way
Field Surveys to Assess Existing Conditions
TOTAL HOURS
Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 8/15/2022
DIRECT LABOR
Hours
31 8
14 6
6 10
142
0 18
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see Anticpated Salary Increases page for calculation) c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 14,400.04
INDIRECT COSTS
d) Fringe Benefits ( Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] $ - f) FCCM ( Rate: 0.16% ) $ 23.04
h) Overhead ( Rate: 194.38% ) i) Overhead [(c) x (h)] $ 27,990.80 j) TOTAL INDIRET COSTS [(e) + (g) + (i)] $ 28,013.84
FIXED FEE k) TOTAL FIXED FEE [(c) + (e) + (i)* fixed fee 10% ] $ 4,239.08 Quatity Unit
l) TOTAL OTHER DIRECT COSTS $ -
Subconsultant 1: $ 9,873.98
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
$ 9,873.98
$ 9,873.98
$ 56,526.94
Exhibit 10-H1 Cost Proposal
Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Design, Engineering and Environmental Studies)
Kimley-Horn and Associates, Inc.
Project Manager Jean Fares $113.38 $ 3,514.78
QA/QC Manager Kevin Aguigui $124.04 $ 992.32
HSIPL-5352(020)
Classification/Title Name Actual Hourly Rate Total
Professional II $73.09 $ 438.54
Professional I $58.93 $ 589.30
Sr. Professional II $94.40 $ 1,321.60
Sr. Professioanl I $84.50 $ 507.00
Project Support $37.10 $ 667.80
Analyst $44.85 $ 6,368.70
Sr. Project Support $50.39 $ -
g) FCCM [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE
Description of Item Unit Cost Total
$0.00 $ -
$ 14,400.04
$ -
$0.00 $ -
m) SUBCONSULTANTS' COSTS
Advanced Avant-Garde
$0.00 $ -
$0.00 $ -
TOTAL COST [(c) + (j) + (k) + (n)]
(m) TOTAL SUBCONSULTANS' COSTS
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] Prime Consultant Subconsultant 2nd Tier Subconsultant
January 2020
Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal
per Cost
Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$ 14,400.04 / 235 = $61.28 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly
Rate
Proposed
Escalation
Year 1 $61.28 + 5% = $64.34
Year 2 $64.34 + 5% = $67.56
Year 3 $67.56 + 5% = $70.94 Year 4 Avg Hourly Rate
Year 4 $70.94 + 5% = $74.48 Year 5 Avg Hourly Rate
Estimated %
Completed
Each Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 100.00% * 235 = 235 Estimated Hours Year 1
Year 2 0.00% * 235 = 0 Estimated Hours Year 2
Year 3 0.00% * 235 = 0 Estimated Hours Year 3
Year 4 0.00% * 235 = 0 Estimated Hours Year 4
Year 5 0.00% * 235 = 0 Estimated Hours Year 5
Total 100% Total = 235
4. Calculate Total Costs including Escalation (Multiply average hourly rate by the number of hours) Avg Hourly
Rate
Estimated
Hours
(calculated
above)
(calculated
above)
Year 1 $61.28 * 235 = $14,400.04 Estimated Hours Year 1 Year 2 $64.34 * 0 = $0.00 Estimated Hours Year 2
Year 3 $67.56 * 0 = $0.00 Estimated Hours Year 3
Year 4 $70.94 * 0 = $0.00 Estimated Hours Year 4
Year 5 $74.48 * 0 = $0.00 Estimated Hours Year 5
= $14,400.04
= $14,400.04
= $0.00 Transfer to Page 1
Period 1 = Contract inception through 6/30/23 Period 2 = 7/1/23 through 6/30/24 Period 3 = 7/1/24 through 6/30/25 Period 4 = 7/1/25 through 6/30/26 Period 5 = 7/1/26 through 6/30/27 Exhibit 10-H1 Cost Proposal
Actual Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Calculations for Anticipated Salary Increases)
3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Cost
Per Period
5 Year
Contract Duration
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary
January 2020
Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Name: Title*:
Signature: Date of Certification (mm/dd/yyyy): 8/15/2022 Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures Exhibit 10-H1 Cost Proposal
[email protected] 213.261.4040
660 Figueroa Street, Suite 2050 Los Angeles, CA 90017
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Traffic Engineering Services
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Prime Consultant or Subconsultant Certifying:
Anthony Podegracz Vice President
January 2020
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City of South El Monte, RFP for Design Services (Readvertise), HSIPL-5352(020) Document Control Page 140 of 141 HSIPL-5352(020), Traffic Signal Improvements
City of South El Monte 10%
Various Signalized Intersections Throughout the City of South El Monte Jean Fares 213.354.9402
Sr. Vice President
8/15//2022
Advanced Avant-Garde Corporation
3670 W Temple Ave, Ste. 278 Pomona CA 91768
Tel: 909-979-6586
Preliminary Environmental (PES) no technical 36060
studies; Right of Way submittal, Caltrans LAPM
Kimley-Horn and Associates, Inc.
1 $9,873.98
9,873.98
$9,873.98
17.47
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
March 2018
EXHIBIT10-K CONSULTANTANNUALCERTIFICATION OF
INDIRECTCOSTS AND FINANCIALMANAGEMENTSYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant’s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate:
Combined Rate % OR
Home Office Rate % and Field Office Rate (if applicable) % Facilities Capital Cost of Money % (if applicable)
Fiscal period *
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federallyfunded A&E Consultant Contracts.
All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on Exhibit 10-A.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
Account numbers identifying allowable direct, indirect, and unallowable cost accounts; Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
March 2018
accounts;
Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; Internal controls to maintain integrity of financial management system; Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
False Claims Act - Title 31 U.S.C. Sections 3729-3733
Statements or entries generally - Title 18 U.S.C. Section 1001 Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
Total participation amount $___________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods.
The number of states in which the consultant does business is .
Years of consultant’s experience with 48 CFR Part 31 is .
Audit history of the consultant’s current and prior years (if applicable) I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name**: _ Title**:
Signature:
Email**:
Date of Certification (mm/dd/yyyy):
Phone Number**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms.
Caltrans will not process local agency’s invoices until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Investigations.
Distribution: 1) Original - Local Agency Project File
2) Copy - Consultant
3) Copy - Caltrans Audits and Investigations
Cognizant ICR Audit Local Gov’t ICR Audit Caltrans ICR Audit CPA ICR Audit Federal Gov’t ICR Audit
08/15/2022
CONTACT
Jean Fares, P.E.
[email protected]
213.354.9402
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
www.kimley-horn.com
The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc., protected under U.S. copyright law.
Copyright © 2022 Kimley-Horn and Associates, Inc.
ATTACHMENT D
01257.0001/577811.2
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
KIMLEY-HORN AND ASSOCIATES, INC.
01257.0001/695512.1 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
KIMLEY-HORN AND ASSOCIATES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 13th day of September, 2022 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and KIMLEY-HORN AND ASSOCIATES, INC. (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
01257.0001/695512.1 2
professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
01257.0001/695512.1 3
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fifty Six Thousand Five Hundred Twenty Six Dollars and Ninety Four Cents ($56,526.94) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
01257.0001/695512.1 4
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
01257.0001/695512.1 5
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for 1 additional one-year term.] ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
01257.0001/695512.1 6
Jean Fares, PE Project Manager/Senior Vice President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Colby Cataldi or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent
01257.0001/695512.1 7
contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has
01257.0001/695512.1 8
not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and nonPage 329 of 358 01257.0001/695512.1 9
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
01257.0001/695512.1 10
be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
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connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and
01257.0001/695512.1 12
detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the
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public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
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alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
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7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
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No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
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Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 6330 Pine Avenue, South El Monte, California 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
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violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF SOUTH EL MONTE, a municipal
corporation
Gloria Olmos, Mayor
ATTEST:
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01257.0001/695512.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER________________________
_______
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
____
_________________________________________
____
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01257.0001/695512.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER________________________
_______
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
____
_________________________________________
____
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01257.0001/695512.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
01257.0001/695512.1 A-2
01257.0001/695512.1 A-3
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II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
01257.0001/695512.1 A-5
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Monthly status reports
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
01257.0001/695512.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
01257.0001/695512.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
01257.0001/695512.1 C-2
01257.0001/695512.1 C-3
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
Not applicable.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
01257.0001/695512.1 C-4
EXHIBIT “C-1”
01257.0001/695512.1 C-5
01257.0001/695512.1 C-6
01257.0001/695512.1 C-7
01257.0001/695512.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
01257.0001/695512.1 D-2
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. Task 1 Deliverables as per Exhibit A, Subsection II, by May 31, 2023 B. Task 2.1 (Environmental Documentation) Deliverables as per Exhibit A, Subsection II, by December 31, 2022
C. Task 2.2 through 2.5 (Field Work/60%Preliminary Plans) Deliverables as per Exhibit A, Subsection II, by November 30, 2022
D. Task 3 Deliverables as per Exhibit A, Subsection II, by January 31, 2023 E. Task 4a (Bidding Assistance and Advertising period) Deliverables as per Exhibit A, Subsection II, by March 31, 2023
F. Task 4b (Construction Support) Deliverables as per Exhibit A, Subsection II, by April 30, 2023
G. Task 5 Deliverables as per Exhibit A, Subsection II, by May 31, 2023 III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
City Council Agenda Report
Agenda Item No. 12.a.
DATE: September 13, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Mayor Gloria Olmos
1. Sponsorship for Epiphany Catholic Church 2nd Annual Car and Bike Show.
2. Sponsorship for South El Monte High School Robotics Club.
SUMMARY:
RECOMMENDED ACTION:
FISCAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None