South El Monte City Council
November 14, 2023

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
12 affirmed or altered to control the project costs.

At the design development phase, a square footage methodology is employed wherein average unit costs for composite systems are applied to more carefully defined area takeoffs for the actual components. This estimates a greater degree of accuracy. Manipulations of cost at this phase are directed at secondary systems in the building(s).

The final estimate is performed part way through the contract documents phase, typically on drawings that are submitted for plan check. The methodology utilized is itemized units.

Composite units such as concrete walls are broken into their component parts: concrete, rebar, forms and finishing. This estimate is used both to confirm the project cost as well as a bid evaluation guide.

One component of the cost control is value engineering. Value engineering is the basic evaluation of equivalent elements, specific components or selected systems of any project.

The value engineering comparison is prepared by analyzing the scope and cost of two or more elements, components or systems of equal or unequal quality and performance.

Throughout the design period, budget constraints and value decisions are applied to key systems, components or elements of the project. Through the use of value engineering, a positive decision-making base is available to the owner, architect, engineers and consultants. The objective is to allow maximum latitude, consistent with budget and quality, in the design and decision-making process.

Schedule
Our aim at LOC, on every project that we take on, is to complete them on time, on budget, with the appropriate scope, and meeting all of the stated technical requirements. But our overarching goal is to be responsive to the specifics of the program, the specifics of which typically require a careful interrogation of the site and the stakeholders in order to be clearly articulated. Our success in this is evidenced by the many long-term client relationships that LOC has maintained, clients that are confident in our ability to meet these goals and deliver for them the results they need.

With all of our civic and educational clients, scheduling is a critical technical constraint, as the occupancy of educational facilities is tied to inflexible academic calendars and the windows for construction work are typically very short. On our renovation of the 17,000 sf Lushing building for Crossroads School, this required quick production work from LOC and rapid decision making from the Owner. In addition, plan check was initiated with partially complete construction documents, such that construction documents could be completed during the review period and the completed documents could be resubmitted and ultimately approved.

In every case, LOC has synthesized the project requirements into a clear solution, and then successfully overcome a series of constraints to deliver this vision as intended. Our success in doing this is why LOC has been able to develop and maintain long term relationships with many institutions.

QUALIFICATIONS

SCHEDULE

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
14 LOC is responsible for facilitating the project’s design and planning process within the constraints of the Owner, governing authorities, and sub-consultants’ requirements. LOC is always committed to producing the ideal project for the Owner within the stated requirements and identified constraints.

All work to begin November 06, 2023 and final drawings, specifications, and estimates to be submitted within 4 months per RFP.

Demo Permit 2 weeks (concurrent with Schematic Design)
• Develop plans and specifications required by the Department of Building and Safety • Obtain a permit from the Department of Building and Safety.

Schematic Design 3 weeks
• Develop program with city representatives and provide written narrative of project scope. • Based upon a detailed review of the program, test fits site constraints, and budget requirements, LOC shall develop a set of schematic design documents illustrating the scale and relationship of the project components.
• These drawings shall include a site plan, building plans, sections and elevations. • Deliverables (1): One set of schematic design documents. • Renderings: (3) conceptual electronic renderings.
• Meetings (2): 1. 50% schematic design review; 2. 100% schematic design review for approval.
• Allowable Revisions: Any revisions that do not revisit approved decisions documented in the test fits
• LOC confirms that this effort shall be completed in three weeks.

Design Development 5 weeks
• Upon the Owner’s approval of Schematic Design, LOC shall refine the design to include more detailed information i.e. refine location of furniture, walls, doors, windows per Owner’s comments. Develop Site Plan, Floor Plans, Building sections, Exterior Elevations, and Schedules as necessary.
• Prepare and present exterior and interior material and finish samples. Assist the Owners in selection.
• Assist the Owners in selecting fixtures, appliances, door and window systems, and related hardware.
• Typical construction details and equipment layouts shall be determined. • Deliverables (1): One set of design development documents. • Renderings: (3) conceptual electronic renderings updated to reflect material selection etc. • Meetings (2): 1. 50% design development review; 2. 100% design development review for approval.
• Allowable Revisions: Any revisions that do not revisit approved decisions documented in the schematic design documents.
• LOC confirms that this effort shall be completed in six weeks.

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
15 Construction Documents 9 weeks
Develop thorough drawings required for City submittal and Bidding (Site Plan, Floor Plans, Electrical/ Lighting Plans, Interior and Exterior Elevations, Building Sections, Details) incorporating any structural or sub-consultant requirements that are intended for construction. • Establish in detail the quality level of materials and system used in the project. • Deliverables (2): 1. one set of permit submittal documents; 2. one set of bid documents. • Renderings: N/A
• Meetings (2): 1. 50% construction documents review; 2. 100% construction documents review for approval.
• Allowable Revisions: Any revisions that do not revisit approved decisions documented in the design development documents.
• LOC confirms that this effort shall be completed in twelve weeks.

Plan Check and Bidding per DSA and City of South El Monte • Submit drawings for Plan Check review by DSA
• Assist in bidding process, provide additional clarification/ information/ addenda as necessary. • Review and address DSA issued Plan Check corrections as well as any required departmental clearances.
• Obtain Ready to Issue certificate.
• Deliverables (2): 1. plan check corrections as necessary; 2. Ready to Issue certificate • Renderings: N/A
• Meetings : N/A
• Allowable Revisions: Any revisions that do not revisit approved decisions documented in the approved construction documents.
• The duration of the plan check process is not entirely within the control of the Architect, but LOC shall make every effort to conclude it within the allotted time.

Construction Observation
• LOC shall visit the site once a week to ensure that the project is being built in conformance with the Contract Documents.
• LOC shall respond to RFI’s and submittals in a timely fashion • LOC shall review and certify the amounts due the Contractor and shall issue certificates in such amounts.
• Deliverable: N/A
• Renderings: N/A
• Meetings (20): Weekly on-site OAC meeting
• Allowable Revisions: Any revisions necessary to accommodate unforeseen site conditions. • The duration of the construction process is not entirely within the control of the Architect, but LOC shall make every effort to assist the contractor in meeting scheduled milestones.

PROJECT TEAM, KEY PERSONNEL, AND RESUMES

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
18 CITY OF SOUTH EL MONTE
Poonam Sharma, Principal in Charge, SeniorProject Manager Ali Jeevanjee, Senior Architect, Architect
Aashna Singh, Project Designer
Jagger Chen, Project Designer
Lionel Garcia
Principal in Charge
Lionel Garcia
Principal in Charge
Henry Abrari
Principal in Charge
Elect. Engineer
Shahram Farzan
Principal
Mech. and Plumb.

Engineer
CLIENT

ARCHITECT
CIVIL

ENGINEER

STRUCTURAL

ENGINEER
MEP

ENGINEER
LOCArchitects
G&G G&G Abrari

ORGANIZATIONAL CHART

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
19 ORGANIZATIONAL AND STAFF CAPABILITY
Project Team
LOC Project Team:

Poonam Sharma Principal-in-Charge,
Poonam will be the principal-in-charge of this project, responsible for managing the client relationship, consultants, and the design team at large. Poonam will be invovled in all phases of the project and will work directly with the client on a regular basis to ensure proper coordination and communication. Poonam will be involved throughout the course of the project until project close out. (CV on following pages).

Ali Jeevanjee Principal, Principal
Ali will be responsible for developing design, coordinating the preparation of the drawing set, design team coordination, and producing deliverables throughout the design process, Consultant coordination, including drawings review and design integration. Ali will be involved in the project from inception to project close out.

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
20 RELEVANT PROJECT EXPERIENCE
City of Knowledge K-12 School
15,000 sf addition and renovation to an existing K-12 private school in Pomona, CA, currently under construction.

Crossroads School for Arts and Science
Various projects including:

Crossroads Lushing Classroom Building
17,000 sf existing office/ warehouse was gutted and converted to classrooms, theater prop shop, and assembly space.

Crossroads Arts and Athletics Facility
12,000 sf existing bow truss warehouse was gutted and
converted to arts and athletics facility.

Crossroads Humanities Classrooms
5,000 sf warehouse was gutted to accommodate new
humanities seminar rooms, teacher offices, and private work areas for Crossroads School.

Crossroads Modulars
LOC provided complete architectural services for site design, permitting and installation of temporary DSA approved modular facilities to accommodate three classrooms (approximately 640 square feet each) and three offices (approximately 300 square feet each).

Crossroads Office TI
LOC designed and permitted the conversion of an industrial building to be used as offices.

Poonam Sharma, Principal
Education
Master of Architecture
Southern California Institute of
Architecture, Los Angeles, CA
Bachelor of Arts, Major: Literature
Scripps College, The Claremont
Colleges, Claremont, CA
Poonam Sharma is a founding principal of LOC Architects bringing a vast school design experience to the firm.
-Over 22 years of professional experience
-Diverse portfolio including public art, educational, retail, entertainment, commercial, mixed use, and residential.
-Excellent at working with clients and collaborating with team members.

Excellent communication and presentation skills.
-Experience in all phases of design, from planning and entitlement work through construction administration.
-Projects widely recognized for innovative design, including several publications and awards.
-Ability to lead and guide the production of construction documents -Thorough knowledge of codes and zoning regulations
-QA/QC
-Leadership and mentorship of staff and internal project team City of Knowledge School
Crossroads Arts and Athletics Facility
Crossroads Humanities Classroom Building
LOCArchitects

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
21 Crossroads School for Arts and Science Master
plan
LOC provided a feasibility study of potential sites for the proposed Performing Arts Campus serving the Crossroads middle and upper school populations. This feasibility established a preliminary program and through careful site analysis identified the most suitable site(s) adjacent to the Crossroads campus with proposed configurations.

Crossroads School for Arts and Sciences
Performing Arts Campus
Based on the Master Plan, LOC developed conceptual floor plans and renderings of a proscenium theater, a black box theater, and a recital hall for fundraising purposes.

Crossroads Middle School Renovation
LOC designed and permitted the remodel of classrooms and the configuration of disabled access in the Steve Morgan Middle School Building.

New Horizons School Westside
A master plan and fundraising package for a K-6 Islamic parochial school for 200 students on an urban infill site in west Los Angeles. The existing school occupies the same site in a series of modular buildings as well as an existing apartment building. The school is currently fundraising to develop the site.

Alliance Judie Ivie Burton Technology High School
LOC is currently working on the design and permitting of a 9,450 sf ground up classroom building for the Alliance CollegeReady Public School group of schools.

Alliance Collins Family College-Ready High School
LOC is currently working on the design and permitting of an addition over parking areas that will provide approximately 13,000 sf of outdoor space along with approximately 6,000 sf of new builidng area.

Crossroads Master Plan
New Horizons School Westside
Poonam Sharma Resume
Crossroads Middle School
Alliance College Ready Public Schools, Judie
Ivie Technology High School

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
22 RELEVANT PROJECT EXPERIENCE
City of Knowledge K-12 School
15,000 sf addition and renovation to an existing K-12 private school in Pomona, CA, currently under construction.

Crossroads School for Arts and Science
Various projects including:

Crossroads Arts and Athletics Facility
12,000 sf existing bow truss warehouse was gutted and
converted to arts and athletics facility.

Crossroads Humanities Classrooms
LOC designed the complete renovation of an existing 5,000 sf warehouse to accommodate new humanities seminar rooms,
teacher offices, and private work areas for Crossroads School.

Crossroads Modulars
LOC provided complete architectural services for site design, permitting and installation of temporary DSA approved modular facilities to accommodate three classrooms (approximately 640 square feet each) and three offices (approximately 300 square feet each).

Crossroads Office TI
LOC designed and permitted the conversion of an industrial building to be used as offices.

Ali Jeevanjee, Principal
Education
Master of Architecture II
Harvard University, Graduate School
of Design, Cambridge, MA
Bachelor of Architecture
Cornell University, Ithaca, NY
CA Licensed Architect C30267
WA Licensed Architect 11863
Professional Affiliation: AIA
Ali Jeevanjee is a founding principal of LOC Architects and brings great technical and design expertise to the team.
-Licensed architect with over 22 years of professional experience. -Diverse portfolio including education, sports, entertainment, theater, commercial, mixed use and residential.
-Ability to manage clients and implement their needs, and collaborate with consultants while building strong relationships.
-Experience in all phases of design, from planning and entitlement work through construction administration.
-Skilled in developing and adapting building systems and detailing to solve complex and unusual building constraints and geometries. -Proven ability as a rigorous and innovative designer and problemsolver learned working closely with designers as diverse as Edwin Chan (Gehry Partners), Barton Myers and Kathryn Gustafson.

City of Knowledge School
Crossroads Arts and Athletics Facility
LOCArchitects

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
23 Crossroads School for Arts and Science Master
plan
LOC provided a feasibility study of potential sites for the proposed Performing Arts Campus serving the Crossroads middle and upper school populations. This feasibility established a preliminary program and through careful site analysis identified the most suitable site(s) adjacent to the Crossroads campus with proposed configurations.

Crossroads School for Arts and Sciences
Performing Arts Campus
Based on the Master Plan, LOC developed conceptual floor plans and renderings of a proscenium theater, a black box theater, and a recital hall for fundraising purposes.

Crossroads Middle School Renovation
LOC designed and permitted the remodel of classrooms and the configuration of disabled access in the Steve Morgan Middle School Building.

Alliance Judie Ivie Burton Technology High School
LOC is currently working on the design and permitting of a 9,450 sf ground up classroom building for the Alliance CollegeReady Charter School group of schools.

Alliance Collins Family College-Ready High School
LOC is currently working on the design and permitting of an addition over parking areas that will provide approximately 13,000 sf of outdoor space along with approximately 6,000 sf of new builidng area.

Crossroads Master Plan
Ali Jeevanjee Resume
New Horizons School Westside
Alliance College Ready Public Schools, Judie
Ivie Technology High School

STRUCTURAL AND CIVIL ENGINEER

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
25 LIONEL J. GARCIA, S.E.

Principal | G&G Structures, Inc.

[email protected]
Mr. Garcia is a licensed Structural Engineer in the state of California with over 25 years of experience and is recognized by other structural engineers for his strong academic core and a diverse range of practical experience. He has completed over hundreds of design projects as Principal of G&G Structures and as Senior Project Manager for other structural engineering firms in the greater Los Angeles area. His design experience has served as a great benefit to review, evaluate and investigate existing structures for the purpose of seismic risk assessments, and structural condition assessments. Mr. Garcia graduated from the University of California at Berkeley with a Master of Science Degree in Structural Engineering. His graduate studies emphasized in earthquake engineering design and analysis techniques.

PROFESSIONAL EXPERIENCE
Principal, G&G Structures, Inc., Structural Engineering Mr. Garcia is the founder, director and manager for G&G Structures since 2004. His clients know him for his excellent client service with value-added services, delivering on time and within budget. He is responsible in charge of overseeing all design documents and reports that are produce by our engineering staff.
· He manages a team of architects and structural engineers. Design projects range from small single story commercial shops, mixed-used buildings, single-family dwellings, multi-story residential buildings and office buildings.
· He has reviewed and supervised over 100 due-diligence projects including seismic risk assessments, seismic evaluations per HUD MAP requirements, Probable Maximum Loss (PML) and structural condition assessment reports.
· He has achieved recognition in the elevator service industry for developing standards for elevator modernization projects. He serves as an expert in this field for elevator projects throughout California Senior Project Manager, Breiholz Qazi Engineering, Inc., Structural Engineering and Seismic Hazard Reduction. He was responsible for staff production and quality control for the office. The type of projects under his management included new and retrofit design as well as forensic and structural engineering analysis. He was in charge of overseeing the design and development of working drawings and calculations, performing field inspections, generating risk assessment reports.

Project Manager, KPPF, Consulting Structural Engineers, His responsibilities included management and quality control for projects. The type of projects under his management included custom residential design. He managed large development projects with minor supervision of Principle Partners. His design development experience included hospital and school infrastructure in the greater Los Angeles area.

EDUCATION
University of California at Berkeley
Master in Science, Structural Engineering, 1995
Bachelor in Science, Civil Engineering, 1994

LICENSES
California Structural Engineer (SE# 4653)
California Professional Engineer (CE# 58475)

MEP ENGINEER

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
27 HENRY R. ABRARI, P.E.

Electrical Engineer
Henry Abrari has over 39 years of Electrical Engineering experience. As an accomplished engineer and retired Glendale Water and Power engineering manager with extensive utility and facilities design experience, he stablished Abrari and Associates in 2002

EXPERIENCE

ABRARI & ASSOCIATES, FOUNDER
MARCH 2002-PRESENT
x Electrical Engineering
x Power Analysis and coordination
x Arc Flash and Fault Current Studies
x EV Charger Design
x Solar Design
x Construction Administration
x Lighting Design
x Street Lighting Design
x Utility and Title-24 Consulting
x Dry Utility Consulting
x Power Quality, Power Measurement, Megger, Earth
Resistance, Relay Testing
ABRARI & ASSOCIATES INC.

Utility Consulting and MEP Engineers
1713 Standard Ave.

Glendale, CA 91201
T: 818-956-1900
E: [email protected]

OBJECTIVE
To provide a reliable and
cost-effective Electrical Design

SKILLS & ABILITIES
Design Automation
Minimalizes errors
3D Modeling
Reliable Calculations

AUTOCAD
Revit

TYPES OF PROJECTS
Multi-Residential
Mixed Use-Residential
Educational
Hospitality
Commercial
Retail
Surgery Center
Offices
High-End Luxury Single Family Homes
Medical
Restaurants
Small Lot Divisions
Street Lighting
d l

2 EXPERIENCE ELECTRICAL DESIGN SOFTWARE

SKIM POWER TOOLS

TIME CURRENT COORDINATION PLANS AND SETTINGS

DETERMINATIONS

DESIGN MASTER CALCULATIONS
VISUAL
3D MODELING

COMPANY QUALIFICATIONS

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
30 LOC Architects, a California Corporation is the Los Angeles architectural practice founded by partners Poonam Sharma and Ali Jeevanjee in 2006. With a strong belief that architecture is about people, the firm is driven by a passionate approach to bringing people together in a collaborative design process to create transformative experience through design.

The firm’s process driven and socially responsive approach has allowed them to take on a wide range of projects that span in scale and type from art installations to master plans, single family residences to multi-family, and office campuses to schools. The design of schools and learning environments is an area of deep personal interest and remains a focus of the work they do. The spaces of a school can help to define the education experience for students, and the peopledriven and carefully considered approach of LOC can enable these spaces to have a meaningful impact on a large number of people.

LOC uses a process that is concept driven, iterative, and focused on collaboration with all of the stake holders to understand and solve problems in unforeseen ways. This process driven approach allows LOC to take on new challenges and building types with consistently successful results.

LOC has worked with stakeholders including employees, students, teacher, and parents in determining the appropriate design solutions. This type of community outreach is essential to our design process. LOC understands the potential for new development to revitalize communities and sees it as imperative for new facilities to accommodate and foster community events and general well being. As architects working in the private and public sectors, we understand the role of good design in community building in relation to the users of the buildings themselves, the administration, the local community, and society at large. To this end, LOC is committed to a collaborative spirit that recognizes all viewpoints in the design process and the role of professionals in fostering community.

Project types include:

K-12
Higher Education
Preschool
Workplace
Multi-family Residential
Single-family Residential
Civic Art
Community Center
Theater

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
31 Educational Institution Clients
Crossroads School for Arts and Sciences
2010-current.

Projects include:

Masterplan for Performing Arts Campus
Keck Humanities Building
Middle School Renovation
Maintenance Office Renovation
Black Box Theater Renovation
Offices Renovation
Temporary Modulars
Arts and Athletics Facility
Lushing Classroom Seismic Upgrade and TI
Administration Building Seismic Upgrade and
TI
Ray Charles Garden
Cummins Poetry Room
School Wide Identity and Branding
Covid Related Space Planning
Charles Drew University 2020-current.

Projects include:

CDU Wellness Center
Keck Building Remodel
Cobb Building Remodel
Grand Entrance design
Surface Parking Lot
Covid Related Space Planning
Alliance College-Ready Prep Schools
2020-current.

Projects include:

Alliance Mass Library Remodel
CUP Modification
Alliance Collins Concept Design
Alliance Burton Tech New Building
Alliance Mass Addition Concept Design
City of Knowledge School 2019-current
Waverly School, 2023-current
Commercial Clients
Southern California Gas Company
2018-current.

Projects include:

Anaheim HQ, Buildings A, B, and G
Comptom HQ Renovation
Redondo Beach Base Renovation
Santa Ana Zoo and Botanical Gardens
2023-current.

Projects include:

New Zoo Educational and Community Building
Outside In Theatre
2020-current.

Projects include:

Theatre and Community Center
Avalon Bay Communities
2019-current
ADU at Multifamily development
IDS Real Estate Group,
2018-current
Multifamily projects in Santa Monica

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
32 This project involved the conversion of a recently vacated airplane parts storage warehouse in Santa Monica into a high school Arts and Athletics facility that included a small gymnasium, graphic arts and design classrooms, a ceramics studio, a darkroom and photography classroom along with several jazz music classrooms.

The disparate program was expressed through materiality and by creating distinct volumes all housed under the unifying and distinct bow truss roof structure forming an urban landscape within the building.

Drywall and plywood blocks contain the classrooms at intersecting volumes and the athletics program is expressed through a large sloped translucent polycarbonate wall. Spaces for socializing were carved out of residual spaces in the form of the ‘thickened’ corridor or a nook, while the required ADA access to the front door is expressed as a garden space.

Natural light was introduced through the introduction of glazed garage doors at the existing garage door openings, and through the use of tubular daylighting throughout.

Pac Air Arts & Athletics Facility
Location: Santa Monica, CA
Size: 13,000 SF
Year Completed: 2019
Building Plans:
1’ 5’ 10’ 20’ Level 01

CLASSROOM
IT
CLOSET

CLASSROOM

DARK ROOM

MINI LAB/
GREEN
SCREEN

PHOTOGRAPHY

CLASSROOM

CERAMICS

CLASSROOM

DIGITAL PHOTO

CLASSROOM
MUSIC

CLASSROOM
MUSIC

CLASSROOM
MUSIC

CLASSROOM

STORAGE
OFFICE

WEIGHTS
AREA

SPINNING OFFICE/

TRAINING

CARDIO/ROWERS

MULTIPURPOSE HALL

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
33 Diagrams:

Project Photos:

Restoring the building to its original
form, revealing the bow trusses, and
removing all the interior walls.

Adding in the programmatic elements
as blocks to create an urban landscape
inside the building. The art block contains
art classrooms while the plywood block
contains general classrooms.

Creating a unique gym program
featuring a sloped polycarbonate
wall to maximize light. The gym block
houses a sports area equipped with
spinning, weights, and offices.

THE ART BLOCK

THE SLOPED

GYM WALL

THE SPORTS
BLOCK

THE PLYWOOD
BLOCKS

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
34 This renovation and expansion of an existing K-12 Islamic School in Pomona, housed in a 1950s bowling alley, programmatically included a new assembly hall in the former bowling alley, new classrooms, ceramics studio, locker rooms and restrooms. The project creates connections from the existing building to the rear play fields through a series of portals, landscaped walkways, and seating areas. Through the employment of the Islamic motif of the tiled domes at the portals, the design creates a visual connection to the diverse Islamic culture of the community and through the portals, provides access to the assembly hall for community events such as Eid prayers and the performance of plays and lectures.

Due to the fact that the skills needed to tile the domes in accordance with the Old World techniques are not present in contemporary Los Angeles, LOC worked closely with a tile manufacturer to map out each single tile to create the motifs and worked closely with the tile installer to ensure that the 3d digital maps that were created could be implemented in the field.

City of Knowledge
Location: Pomona, CA
Scope: 21,150 SF renovation and addition
Estimated completion 2023
Building Plans:

Level 01 1’ 5’ 10’ 20’

MULTI-PURPOSE
ROOM
LOCKER
ROOM
LOCKER
ROOM
ELC

CLASSROOM

CLASSROOM

CLASSROOM

CLASSROOM CLASSROOM
KILN
ROOM

STORAGE

CORRIDOR
LOBBY

PORTAL A

PORTAL B

PORTAL C

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
35 Project Photos:

The existing school building provided an
opportunity for renovation as it housed
an unused, large bowling alley at the
back of the site.

To accommodate the irregular geometry of the portals, the tiles were 3-dimensionally mapped.

The building features three strategically
designed entrances tailored to different
stakeholders, including the community/
parents, teachers and children. The design
features 3 tiled domes with an Islamic pattern
to celebrate the heritage of the school.

The bowling alley was converted into
a multipurpose hall for the community,
with added classrooms while the building
extension gave an opportunity to add
more classrooms, restrooms, and
entrances through the back.

Th buildi f th ll

BOWLING
ALLEY

RENOVATION

ADDITION
ENTRY/

PORTAL C
ENTRY/

PORTAL B
ENTRY/

PORTAL A
Diagrams:

Process:

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
36 LOC was hired by Charles Drew University as the Design Architect to work to redesign a project with a modular building company to ensure that the new building would respond to the needs of the three entities and their users in a sensitive way and that it would contribute architecturally to the existing campus. The building was to house three distinct entities: CDU Wellness, Vance Necessities of Life Food Pantry, and APLA to provide low-cost health services. The project is located across the street from Martin Luther King Hospital and has prominent street frontage. LOC took the plans of the modular architect and redesigned the building massing, creating three distinct entries for the uses of each entity while addressing the integration into the campus. LOC was tasked with sourcing and implementing materials that would further integrate the project into the fabric of the campus, while setting standards for future development. As part of the project, LOC was asked to design a community vegetable garden next to the building, several distinct outdoor seating areas, and all exterior building signage.

Avis and Mark Ridley-Thomas Wellness Center
Location: Willowbrook, CA
Size: 9,000 SF
Year Completed: 2021
Site Plan:
1’ 5’ 10’ 20’

CDU WELLNESS

ENTRANCE

FOOD PANTRY

ENTRANCE

APLA ENTRANCE

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
37 Elevations
Project Photos:

East Elevation South Elevation West Elevation

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
38 LOC was hired to design a ground up building to house the expansion of Burton Tech High School, located just across the street. It features 6 classrooms, offices, and a spacious roof deck to enhance the educational experience for students. The design of the building was carefully crafted in collaboration with the existing school and the local community to ensure it enhances the neighborhood and contributes to the beautification of South LA.

One of the primary challenges we encountered was designing an outdoor space within the constraints of the small site and the allowable FAR. However, we identified a unique opportunity to carve out the center of the building, resulting in a roof deck. The versatile outdoor area can also be transformed into a larger space by opening the roll-up door connecting to the adjacent classroom.

Alliance Burton Tech High School
Location: South LA, CA
Scope: 9,281 SF
Estimated completion 2025
Building Plans:

Level 02
Level 01
1’
1’
5’
5’
10’
10’

CLASSROOM
OFFICE
OFFICE

STORAGE
IT
ROOM
OFFICE
OFFICE

CLASSROOM CLASSROOM CLASSROOM

CLASSROOM

ROOF DECK

CLASSROOM

STORAGE

STORAGE

STORAGE

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
39 Project Photos:

By carving out the middle of the
building, an outdoor space is
established in a confined site which
is accessible from all areas.

Since the site faced south, unique ways to
let in light and shade were explored. By
adding a polycarbonate wall at the south
and placing angled windows behind the
front facades, a more thermally efficient
building was achieved.

To address stormwater collection,
LID planters were added on the
ground floor and the roof deck.
136’
45’
Diagrams:

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
40 LOC Architects designed this classroom building within an existing warehouse on the Crossroads School for Arts and Science Middle and High School campus in an industrial area of Santa Monica.

This project included a complete gutting of science classrooms and all new MEP systems as well a extensive daylighting to optimize the educational environment and a new garden at the entry. The project capitalizes on the industrial character of the existing structure while transforming the interior into a new, state-of-the-art educational facility. Central to this design was creating spaces for students to both learn and study but also socialize and interact.

Crossroads Humanities Classrooms
Location: Santa Monica, CA
Scope: 5,000 SF addition and renovation of 5 classrooms, 2 offices, and restrooms.

Year Completed: 2015
Building Plans:
1’ 5’ 10’ 20’
Ground floor plan

CLASSROOM STUDENT
LOUNGE

CLASSROOM CLASSROOM CLASSROOM

ENGLISH
OFFICE

HISTORY
OFFICE
EL. CLOSET

WRITING

WORKSHOP

CHARLES RAY
PARK

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
41 Diagrams:

Project Photos:

Existing envelope Designing an urban park in front of the building to activate the area and give the
students a space to socialize
Adding a central circulation route
for the classrooms with an angled
wall that houses lockers

This office renovation for the Southern California Gas Company focused on creating an enhanced user experience for the 160+ employees located here by creating an interior urban landscape. This was accomplished by strategically placing the programmatic components to open up the interior space, introducing light and views via large glazed areas on the existing facades, utilizing natural materials, and expressing the high ceilings in all of the public circulation and gathering spaces.

SoCalGas Anaheim Building A
Location: Anaheim, CA
Scope: 27,000 SF addition and renovation of offices, conference rooms, break room, and restrooms.

Year Completed: 2022
Building Plans:
1’ 5’ 10’ 20’
Level 01
OPEN

OFFICES

CORRIDOR
OPEN

OFFICES
OPEN

OFFICES
OPEN

OFFICES
OPEN

OFFICES
OPEN

OFFICES

BREAK AREA

PRIVATE
OFFICE

PRIVATE
OFFICE

PRIVATE
OFFICE

PRIVATE
OFFICE

PRIVATE
OFFICE

PRIVATE
OFFICE
HUDDLE
ROOM

FOCUS ROOMS

FOCUS ROOMS

FOCUS ROOMS
FOCUS
ROOMS

CONFERENCE
ROOM

CONFERENCE
ROOM

CONFERENCE
ROOM

PRIVATE
OFFICE

PRIVATE
OFFICE
SHARED
OFFICE
SHARED
OFFICE
OPEN
COLLAB
MOBILE

WORK HUB
OPEN

OFFICES

GEC ROOM

PRINTING
ROOM
MAIL

STORAGE
JANITOR WELLNESS
HUDDLE
ROOM
HUDDLE
ROOM
HUDDLE
ROOM
IDF
ELECTRICAL

BREAK OUT
STORAGE

Diagrams:

Project Photos:

Establishing central corridors within the
office that acts as boulevards, enhancing
the accessiblity of all the areas.

Adding layers of transparency to bring
sunlight and openness to the floor plan.

The remaining spaces in the plan form
open offices.

Creating programmatic blocks, which
include more private office spaces, and
dispersing them along the central corridor.

LOC Architects designed this creative workplace for 150 employees in an existing 12,000 SF concrete warehouse in central Seattle. This project involved modifying the existing warehouse to celebrate its industrial qualities, at the same time introducing light and views.

The construction of the 6,000 SF mezzanine was executed in wood to introduce warmth to the space, and was configured in such a way as to maximize collaboration and productivity.

This office accommodates a staff of 150 people designing, producing, distributing, and selling alcoholic beverage accessories nationwide. The project required a deep understanding and analysis of numerous teams within the company, each with its own unique but interconnected workflow and spatial requirements. Strategies were also employed to introduce light, views, and fresh air to increase human comfort and productivity.

True HQ
Location: Seattle, WA
Scope: 18,000 SF conversion of an underused warehouse in downtown Seattle into a creative office space
Year Completed: 2018
Building Plans:

Ground Floor
Mezzanine
1’
1’
5’
5’
10’
10’
20’
20’
PHOTO

PRODUCT

SHOWROOM

KITCHEN

TENANT SPACE

MEETING

MEETING

MEETING
BREAK
OUT

MEETING

WORKSHOP

MEETING

MEETING

MEETING

MEETING

CUSTOMER

SERVICE

INDI SALES

LOT SALES

SUPPLY CHAIN

ACCOUNTING
PD & MARKETUTILITY
CLOSET
BREAK
OUT

CORRIDOR

CORRIDOR

Project Photos:

By adding skylights and large glazed
windows in the facade, the space
feels brighter creating a better work
environment and boosting workers
morale.

More private spaces such as offices and
meeting rooms are added to the plan in
unique ways.

A mezzanine is added to the building to
subdivide the space of the office better
and create distinct spaces to break up the
program.

Diagrams:

This renovation for the Southern California Gas Company in Compton focuses on enhancing the existing office space by incorporating new windows for better natural lighting, introducing varied materiality, and creating diverse workstations with varying levels of privacy. This ultimately resulted an improved office space, break room, restrooms, and locker rooms.

SoCalGas Compton HQ
Location: Compton, CA
Scope: 4,000 SF
Year Completed: 2023
Building Plans:

Compton HQ floor plan
1’
5’
5’ 10’
10’
20’
20’ 40’
1’ 5’ 10’ 20’
Compton HQ floor plan 5’10’ 20’ 40’

CONFERENCE
ROOM
FOCUS
ROOM
FOCUS
ROOM
FOCUS
ROOM
FOCUS
ROOM
FOCUS
ROOM
FOCUS
ROOM

MOBILE WORK HUB
Mobile Work Hub enlarged plan
BREAK
ROOM
MEN’S LOCKER

MOBILE WORK HUB
WOMEN’S
LOCKER

Project Photos:

Layers of transparency are added to bring
natural light in the mobile work hub as
well as brighten the existing office space.

By strategically placing the private
spaces(focus rooms) at the heart of
the mobile work hub, the space gets
efficiently divided.

The existing mobile work hub doesn’t
have any natural sunlight as well as any
hierarchy in the space.

Diagrams:

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
49 RELEVANT EXPERIENCE REFERENCES

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
50 1) Elaine Nesbit
Architect/Owner’s Rep
Crossroads School and Charles Drew University
[email protected]
213-216-8371
2) Emma Ponco
Project Manager
Southern California Gas Company
[email protected]
213-215-8070
3) Favio Solares
Director of Project Managment
Alliance College Ready Public Schools
[email protected]
310-462-9711
4) Anthony Richardson
Project Manager
Alliance College Ready Public Schools
[email protected]
310-819-6622
5)Gilbert Castillo
Senior Engineer
Public Works Agency City of Santa Ana
[email protected]
714-647-5647

BASE SCOPE INFORMATION
CITY’S STANDARD PROFESSIONAL SERVICES

AGREEMENT

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
52 LOC Architects has reviewed Attachment C, Sample Professional Services Agreement. LOC Architects will comply with all aspects of the Agreement.

QUALIFICATIONS

ADDENDA ACKNOWLEDGEMENT

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
54 LOC Architects has received and reviewed Addendum 1.

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
55 REQUIRED ATTACHMENTS RELEVANT EXPERIENCE

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
58 12402 0001 2179898v2.doc Approved for Use 04/26/18
Attachment B, Page

ATTACHMENT B

CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):

Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
ß Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
ß Forfeiture of a bid or proposal bond by proposer or any sub-consultant. ß Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
ß Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). ß The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
ß Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
ß Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).
ß Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.

No
No
No
No
No
No
No
No
LOC nor its consultants have been subjected to any of the occurances listed above.

LOC City of South El Monte
RFP for New Temple Park Multi-purpose/Community Room October 11, 2023 Architects
60 Our experience in creating successful educational
environments working closely with small to
medium-sized institutions, in combination with
our agile and collaborative process, would
make LOC an ideal strategic partner in the
development of your public spaces.

We thank you for your consideration.

ATTACHMENT C

ATTACHMENT D
01257.0006/936545.3

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
LOC, INC. dba LOC Architects

01257.0006/936545.3 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
LOC, INC. dba LOC Architects
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 14th day of November, 2023 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and LOC, INC. dba LOC Architects, a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
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.

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.

Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.

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

01257.0006/936545.3 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.

01257.0006/936545.3 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 One Hundred Thirty Eight Thousand Four Hundred Dollars ($138,400.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

01257.0006/936545.3 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.

01257.0006/936545.3 5
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

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 two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

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:

01257.0006/936545.3 6
Poonam Sharma Principal
(Name) (Title)

(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 Director of Public Works John Poehler 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.

01257.0006/936545.3 7

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 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

01257.0006/936545.3 8
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 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.

01257.0006/936545.3 9
(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 non-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 noncompliance 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.

01257.0006/936545.3 10
(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 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

01257.0006/936545.3 11
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in 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:

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;
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;
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

01257.0006/936545.3 12
maintained in accordance with generally accepted accounting principles and shall be complete and 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.

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(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 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

01257.0006/936545.3 14
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 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

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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.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $_________ (___________________________ Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 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.

7.9 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.

01257.0006/936545.3 16

7.10 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.

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.

01257.0006/936545.3 17

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.

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, 1415 Santa Anita Avenue, South El Monte, California 91733 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.

01257.0006/936545.3 18

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 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:

LOC, INC. dba LOC Architects, California
corporation
By:

Name:

Title:

By:

Name:

Title:

Address:3203 E. 4th Street
Los Angeles, CA 90063
If applicable, 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.

01257.0006/936545.3

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 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.

I. Signature: _____________________________________

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.

01257.0006/936545.3

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 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.

II. Signature: _____________________________________

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.

01257.0006/936545.3 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services:

Task 1. Project Management
a. Attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introductions, discuss scope of work, information needed from various City departments, overall schedule and the implementation process.
b. Coordinate bi-weekly progress conference calls with City staff to update the City of the project progress, and schedule status. This is also a time for the Consultant to ask any questions to the City or bring up any design issues encountered. c. Coordinate meetings to review the preliminary design, 60%, 90% and 100% submittals with City staff.
d. Provide a detailed project schedule with continuous updates., and executive summary of project status to be submitted with each monthly invoice. e. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress. f. Division of the State Architect (DSA). Coordinate with the Division of the State Architect to obtain permit. The Consultant will submit the design to DSA and coordinate the DSA process from submission to permit issuance. Including meeting all permit requirements to obtain permit from the DSA. The final plans, specifications and estimates will not be approved until required permit from DSA is obtained.

Task 2. Preliminary Engineering
a. Review base data documents including as-built improvement plans, utility information, survey information, and other available record data.
b. Conduct necessary field surveys to assess existing conditions of the project area. c. Develop preliminary design.
d. Prepare Preliminary cost estimate (Identify special conditions that might create conflicts or change orders during construction and identify how to resolve these issues. e. Prepare Technical specifications.
f. Environmental. The project is assumed to be a categorical exemption. g. Utility Research. The consultant shall obtain all available as-built drawings from the city and show them on project plans
Task 3. Plans, Specifications & Estimate
a. Plans, Specifications and Estimate (PS&E) shall be provided at levels of completion of approximately 60%, 90% and 100%.
b. The City will provide review comments at the 60%, and 90% design phases. c. It is expected 100% plans will be complete and include comments and input from all stakeholders and appropriate City staff.
d. Specifications shall be furnished using the latest edition of Microsoft Word for Windows.

The Consultant shall prepare the Specifications per City requirements and utilizing the

01257.0006/936545.3 A-2
Standard Specifications for Public Works Construction (“Greenbook”). e. Estimate shall be prepared in spreadsheet format using Microsoft Excel. f. The Consultant shall create a comment matrix to verify all City comments are addressed with each submittal.

Task 4. Bidding and Construction Support
a. Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
b. Prepare project addenda.
c. Attend the pre-construction meeting, job walk, and job-site meetings when requested by the City over the course of the construction schedule (assume 5 meetings). d. Provide responses to the Contractor’s RFIs about the plans and specifications when requested by the City.
e. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings when requested by the City.

Task 5. Prepare Record Drawings (As-Builts)
a. Prepare as-built drawings based on field red-lined as-built information provided by the City’s Construction Contractor.

Submittal Format of documents prepared by the selected Design Consultant:
a. All submittals to City shall be made via electronic submittals. b. All submittal shall be in pdf format.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Final submittals shall be dwg (AutoCAD) for plans with wet signed mylars, specifications in MS Word, Estimates in Excel, and all other documents in pdf.

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. Bi-weekly progress conference call updates
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:

A. Poonam Sharma, Principal in Charge

01257.0006/936545.3 A-3
B. Ali Jeevanjee, Senior Architect, Architect
C. Aashna Singh, Project Designer
D. Jagger Chen, Project Designer
E. Lionel Garcia, C&G (Civil Engineer)
F. Henry Abrari, Abrari (MEP Engineer)
G. Shahram Farzan, Abrari (MEP Engineer)

01257.0006/936545.3 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.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $_________ (___________________________ Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

01257.0006/936545.3 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

Architect $62,500
Structural Engineer $9,000
MEP Engineer $44,000
Civil Engineer $8,000
Survey $5,000
Sub-consultants Subtotal $66,000
Markup (15%) $9,900
Total $138,400
II. 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 1.8.

III. 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.

IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

01257.0006/936545.3 C-2
EXHIBIT “C”-1
Hourly Rate Schedule
Principal $225/hr
Designer II $145/hr
Designer I $115/hr
MEP Engineer Hourly Rate Schedule
Principal $200/hr
Project Engineer $150/hr
Utility Coordinator $120/hr
CAD operator $75/hr
Clerical $65/hr
Structural Engineer Hourly Rate Schedule
Pincipal-in-charge $200/hr
Senior project manager $150/hr
CAD Operator $75/hr
Clerical $65/hr

01257.0006/936545.3 C-0
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule Task 1 Task 2 Task 3 Task 4 Task 5

01257.0006/936545.3 D-1
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. Final submittals shall be dwg (AutoCAD) for plans with wet signed mylars, specifications in MS Word, Estimates in Excel, and all other documents in pdf.

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. 7.g.

DATE: November 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-105, AUTHORIZING THE CITY MANAGER TO SIGN

EXTENSIONS TO ONGOING FACILITY USE AGREEMENTS

AND TO ENTER INTO NEW AGREEMENTS FOR THE USE OF

CITY FACILITIES
SUMMARY: Staff is requesting City Council to authorize the City Manager to sign extensions to ongoing facility use agreements and to enter into new agreements for the use of city facilities.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 23-105, authorizing the City Manager to sign extensions to ongoing facility use agreements and to enter into new agreements for the use of city facilities.

FISCAL/FINANCIAL IMPACT: The fiscal impact depends on the facilities fees as listed on the General Fee Schedule.

DISCUSSION: The City Council has often approved on consent calendar extensions to ongoing agreements such as for agreements to use facilities of public and private entities for City programs and events and other use agreements by the City that are within the authority of the City Manager to approve. The City's current practice has been to bring these routine agreements back to Council every time an extension is needed.

The proposed resolution would change that practice so that the City Manager can enter into extensions to routine agreements without Council approval. Council can make that change in current practices to this new approach under South El Monte Municipal Code section 2.08.060, subsections K., P. & Q which grant the City Manager the following authority:

Subsection K: To exercise general supervision over all public buildings, public parks, streets and other public property which are under the jurisdiction of the city council and

not specifically delegated to a particular board or officer.

Subsection P: To perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or resolution of the city council.

Subsection Q : To execute all written contracts and conveyances, when authorized by an ordinance, resolution, motion or contract adopted or approved by the city council. (Ord. 1179 §1, 2014; prior code §1-5-6)
For example, the proposed resolution will authorize the City Manager to extend the Joint Use Agreement with the Valle Lindo School District, which will continue to honor the equal right of access to all residents while ensuring that the South El Monte Little League and South El Monte/El Monte Jets will continue to be granted the same level and amount of use of the parks as they have in the past.

However, any qualifying non-profit organization who wishes to request a fee waiver for the use of City facilities and/or fields, must formally go before the City Council for their consideration and approval.

The City Council meets for two regular meetings per month and the City Council often has a number of different pressing agenda items for each regular meeting agenda that require consideration by the City Council. Agenda packets can exceed 300 pages.

Therefore, authorizing the City Manager to sign extensions to ongoing facility use agreements and to enter into new agreements for the use of facilities for events such as a night market or other city event would promote greater efficiency in the day to day operations of the City. The City Attorney would continue to review each agreement as to form to ensure consistency with the City's standard practices to effectively manage liability risks.

ATTACHMENT(S):

A. Resolution No. 23-105

RESOLUTION NO. 23-105

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

TO AUTHORIZE THE CITY MANAGER TO SIGN

EXTENSIONS TO ONGOING FACILITY USE AGREEMENTS

AND TO ENTER INTO NEW AGREEMENTS FOR THE USE OF

CITY FACILITIES
WHEREAS, The City Council often approves on consent calendar extensions to ongoing agreements such as for agreements to use facilities of public and private entities for City programs and events and other use agreements by the City that are within the authority of the City Manager to approve, and
WHEREAS, The City’s current practice has been to bring these routine agreements back to Council every time an extension is needed, and
WHEREAS, City Council can make that change in current practices to this new approach pursuant to South El Monte Municipal Code section 2.08.060, subsection K, regarding City Manager authority to exercise general supervision over all public buildings, public parks, streets and other public property which are under the jurisdiction of the City Council and not specifically delegated to a particular board or officer, and
WHEREAS, pursuant to South El Monte Municipal Code section 2.08.060, subsection P, the City Manager can perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or resolution of the City Council, and WHEREAS, pursuant to South El Monte Municipal Code section 2.08.060, subsection Q, the City Manager can execute all written contracts and conveyances, when authorized by an ordinance, resolution, motion or contract adopted or approved by the City Council.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby authorizes the City Manager to sign extensions to ongoing facility use agreements and to enter into new agreements for the use of facilities for city events in the form approved by the City Attorney. Nothing herein shall authorize the City Manager to waive fees for any person, business or non-profit group for the use of City facilities

and/or fields. All requests for a fee waiver will continue to formally go before the City Council for their consideration and Council approval before any such fees are waived.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 14th day of November 2023. _____________________________
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, hereby certifies that the foregoing Resolution, being Resolution No. 23-105, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 14th day of November 2023, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk

City Council Agenda Report
Agenda Item No. 7.h.

DATE: November 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL TO REJECT ALL BIDS

AND RE-ADVERTISE REQUEST FOR PROPOSALS (RFP)

FOR ARCHITECTURAL DESIGN SERVICES FOR SOUTH EL

MONTE CITY HALL RESTROOMS REHABILITATION
SUMMARY: The City received only one proposal for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation. Staff recommends that the City re-advertise the RFP to ensure a minimum of two (2) proposals for service and to incorporate language required to utilize Community Development Block Grant funds.

RECOMMENDED ACTION: Staff recommends City Council reject the one proposal received and authorize re-advertising the RFP for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation and authorize staff to solicit proposals.

FISCAL/FINANCIAL IMPACT: There is no immediate fiscal impact associated with this action. Before the contract is awarded, staff will prepare a report with findings and recommendations for consideration and approval by City Council. The City will be using CNRA and CDBG funds for this project.

DISCUSSION: This project focuses on renovating and modernizing seven restrooms and one shower unit located within the City of South El Monte City Hall building. The project scope includes but not limited to the replacement of flooring, new tile, wall painting, ceiling tiles and new LED lighting/controls, new exhaust fans, doors/hardware/automatic entrance door openers, new partitions, new fixtures and sinks/counters, new dispensers, new mirrors, new signs, accessibility ADA features and related mechanical/electrical/lighting revisions and improvements.

The primary objective of the requested professional services (architectural design engineering services) is to have the selected engineering consultant provide a complete PS&E (plans, specifications and estimates) / Bid Package approved by all involved jurisdictional and regulatory agencies that will be ready for construction bidding for the improvements outlined in the RFP.

On September 12, 2023, City Council approved to release the RFP to provide Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation.

On October 11, 2023, City staff received one proposal for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation project.

Staff is requesting that the City Council reject the single proposal received and authorize re-advertising of the RFP for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation, with the aim to obtain at least two (2) proposals for service and to incorporate language required to utilize Community Development Block Grant funds.

Staff report was prepared by Andrés González, Senior Public Works Analyst.

ATTACHMENT(S):

A. RFP FOR ARCHITECTURAL DESIGN SERVICES CITY HALL RESTROOMS REHAB 11-2-23
B. County Lobbyist Certification

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE ARCHITECTURAL DESIGN SERVICES

FOR SOUTH EL MONTE CITY HALL RESTROOMS REHABILITATION

IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
November 15, 2023

DELIVERY ADDRESS
City of South El Monte
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: City Clerk’s Office

REQUIRED NUMBER OF PROPOSALS
One (1) hard copy and one (1) electronic
copy (pdf)

CONTACT INFORMATION FOR INQUIRIES
contact via e-mail only, no telephone calls
John Poehler
Director of Public Works
[email protected]

PRE-PROPOSAL MEETING
Thursday, November 30, 2023, 2:00 PM
at City Hall (Address: 1415 Santa Anita Ave.

South El Monte)

PROPOSAL DUE DATE
Wednesday, December 13, 2023; 2:00 PM

ATTACHMENT A

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation Table of Contents Table of Contents

1. General Information 1

2. Project Description 1

3. RFP Schedule 2

4. Scope of Services 2

5. Key Personnel 4

6. City’s Standard Professional Services Agreement 4

7. Insurance Coverage Limits and Requirements 4

8. Consultant Selection Methodology 5

9. Prevailing Wage Rates 5

10. Contract Award 6

11. Required Format for Technical Proposal Submittal 6

12. Fee Estimate Proposal Submittal 8

13. Questions Regarding This RFP 8

14. Proposal Submittal Protocol 8

15. Pre-Contractual Expenses In Responding To The RFP Preparation 9 Attachments:

Attachment A - Affidavit of Non-Collusion
Attachment B - Claims History
Attachment C - Sample Professional Services Agreement
Attachment D - CDBG Federal Requirements
Attachment E - Existing As-Builts and Project Location

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation Cover Page

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE ARCHITECTURAL DESIGN SERVICES

FOR SOUTH EL MONTE CITY HALL RESTROOMS REHABILITATION

IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
To interested and qualified Consultants:

The City of South El Monte is soliciting Proposals from qualified firms to provide Design Services for South El Monte City Hall Restrooms Rehabilitation.

Requirements for this RFP are enclosed.

In order to be considered in the selection process, interested parties shall submit one (1) hard copy and one (1) electronic copy (pdf) of their Proposals no later than 2:00 PM, December 13, 2023, to:

City of South El Monte
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: City Clerk’s Office
A non-mandatory pre-proposal meeting is scheduled on-site (Address: 1415 Santa Anita Ave.

South El Monte, CA 91733) on November 30, 2023, at 2:00 PM.

If you have any questions, please contact via email (no telephone calls):

John Poehler
Director of Public Works
[email protected]
Late proposals will not be accepted.

Sincerely,
John Poehler
Director of Public Works
City of South El Monte

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation RFP, Page 1

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE ARCHITECTURAL DESIGN SERVICES

FOR SOUTH EL MONTE CITY HALL RESTROOMS REHABILITATION

IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
November 15, 2023

1. GENERAL INFORMATION
A. Community Profile
Incorporated in 1958, the City of South El Monte is an industrial community of approximately 21,000 residents and encompasses 2.3 square miles. This “Industrial Community” is located approximately 13 miles east of downtown Los Angeles and is adjacent to two major freeways and a major State Route in the San Gabriel Valley.

South El Monte offers a good blend of older and younger residents working in the same dedication and community spirit that the city was founded upon. Both the residents and business community are working together to make the community a better place to live and work.

In just six decades the City of South El Monte has matured into a viable commercial and industrial base, with over 2,400 businesses within 2.3 square miles. The City is currently focusing on improving the infrastructure of the community making it a better place to live and work.

B. Overview
The City is requesting the services of a company to provide Architectural Design Services For South El Monte City Hall Restrooms Rehabilitation.

2. PROJECT DESCRIPTION
This project focuses on renovating and modernizing four restrooms (at the main floor, two public restrooms and two staff restrooms) located within the City of South El Monte City Hall building. The project scope includes but not limited to the replacement of flooring, new tile, wall painting, ceiling tiles and new LED lighting/controls, new exhaust fans, doors/hardware/automatic entrance door openers, new partitions, new fixtures and sinks/counters, new dispensers, new mirrors, new signs, accessibility ADA features and related mechanical/electrical/lighting revisions and improvements.

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation RFP, Page 2 Total project funding available including construction and soft cost is $650,000. The proposed design services will be funded through CDBG Funds. Consultant shall comply with Attachment D – CDBG Federal Requirements as part of this contract.

3. RFP SCHEDULE
Below is the RFP schedule. Below tentative schedule is subject to change by the City:

Request for Proposals Posted and Issued Wednesday, November 15, 2023 Non-Mandatory Pre-Proposal Meeting Thursday, November 30, 2023, 2:00 PM
Deadline for Receipt of Questions Friday, December 1, 2023, 5:00 PM Addendum (if necessary) to Respond to
Questions
Wednesday, December 6, 2023
Deadline for Receipt of Proposals (RFP Due
Date)
Wednesday, December 13, 2023,
2:00 PM
Evaluation of proposals January 2024
Final Consultant Selection January 2024
Contract Awarded by City Council January 2024
Contract Execution February 2024
Notice to Proceed February 2024

4. SCOPE OF SERVICES
The primary objective of the project is to have the selected architectural consultant to provide a complete PS&E (plans, specifications and estimates) approved by all involved jurisdictional and regulatory agencies and is ready for construction bidding for the improvements outlined in this RFP and attached documents.

The scope of work generally includes:

Task 1. Project Management
a. Attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introductions, discuss scope of work, information needed from various City departments, overall schedule and the implementation process. b. Coordinate bi-weekly progress conference calls with City staff to update the City of the project progress, and schedule status. This is also a time for the Consultant to ask any questions to the City or bring up any design issues encountered. c. Coordinate meetings to review the preliminary design, 60%, 90% and 100% submittals with City staff.
d. Provide a detailed project schedule with continuous updates., and executive

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation RFP, Page 3 summary of project status to be submitted with each monthly invoice. e. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.

Task 2. Preliminary Engineering
a. Review base data documents including as-built improvement plans, utility information, survey information, and other available record data. b. Conduct necessary field surveys to assess existing conditions of the project area. c. Develop preliminary design.
d. Prepare Preliminary cost estimate (Identify special conditions that might create conflicts or change orders during construction and identify how to resolve these issues.
e. Prepare Technical specifications.
f. Environmental. The project is assumed to be a categorical exemption. g. Utility Research. The consultant shall obtain all available as-built drawings from the city and show them on project plans
Task 3. Plans, Specifications & Estimate
a. Plans, Specifications and Estimate (PS&E) shall be provided at levels of completion of approximately 60%, 90% and 100%.
b. The City will provide review comments at the 60%, and 90% design phases. c. It is expected 100% plans will be complete and include comments and input from all stakeholders and appropriate City staff.
d. Specifications shall be furnished using the latest edition of Microsoft Word for Windows. The Consultant shall prepare the Specifications per City requirements and utilizing the Standard Specifications for Public Works Construction (“Greenbook”).
e. Estimate shall be prepared in spreadsheet format using Microsoft Excel. f. The Consultant shall create a comment matrix to verify all City comments are addressed with each submittal.

Task 4. Bidding and Construction Support
a. Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
b. Prepare project addenda.
c. Attend the pre-construction meeting, job walk, and job-site meetings when requested by the City over the course of the construction schedule (assume 5 meetings).
d. Provide responses to the Contractor’s RFIs about the plans and specifications when requested by the City.
e. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings when requested by the City.

Task 5. Prepare Record Drawings (As-Builts)
a. Prepare as-built drawings based on field red-lined as-built information provided by the City’s Construction Contractor.

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation RFP, Page 4 Submittal Format of documents prepared by the selected Design Consultant:
a. All submittals to City shall be made via electronic submittals. b. All submittal shall be in pdf format.
c. Final submittals shall be dwg (AutoCAD) for plans with wet signed mylars, specifications in MS Word, Estimates in Excel, and all other documents in pdf.

The above tasks are provided as general guidance to the proposing firms. The proposers shall review the RFP and attached documents and conduct any other documents review, research and field reviews as they deem necessary, and provide a detailed scope of services as part of their proposals.

It is the consultant’s responsibility to identify all necessary tasks and components, and provide all necessary services as required. Provide the City with a complete set of PS&E Bid Package approved by all regulatory and involved agencies.

5. KEY PERSONNEL
It is imperative that the key personnel providing the consulting services have the background, experience, and qualifications to complete the project. The City reserves the right to approve all key personnel individually for work on this contract. All key staff shall be named in the contract. After the contract is signed, the proposer may not replace key staff unless their employment is terminated or agreed upon by the City. The City must approve replacement staff before a substitute person is assigned to the Project.

The City reserves the right to request that the proposer replace a staff person assigned to the contract should the City consider such a replacement to be for the good of the project.

6. CITY’S STANDARD PROFESSIONAL SERVICES AGREEMENT
The RFP includes a sample of City’s Professional Services Agreement as Attachment C.

Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement, or provide any comments that they would like the City to consider. The City Attorney will review any comment received and make a final decision if all or part or any of such comments may be considered.

7. INSURANCE COVERAGE LIMITS AND REQUIREMENTS
Consultant shall provide Insurance Coverage Limits and Requirements as indicated in

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation RFP, Page 5 this RFP as provided in Attachment C.

8. CONSULTANT SELECTION METHODOLOGY
The proposals will be evaluated based upon several factors. These factors may include:

Evaluation Criteria Max
Points
Completeness of the Proposals and compliance with the required RFP format. 10
Project understanding, scope and approach to develop the project efficiently. 25
Experience and Qualifications of Key Staff. 25
Similar Project Experience, including familiarity with State and Federal procedures. 25
Effectiveness of Project Schedule showing how the proposer will be able to complete the design with required time duration 15 Total Points 100
As part of the evaluation, the City will also contact references listed in the proposal.

City Selection Panel will review the proposals received, and rank them based on the above criteria, and establish highest ranked consultant. The City may choose not to conduct oral interviews and negotiate a contract with the highest ranked consultant after the evaluation of written proposals.

At City’s discretion, the City may also conduct oral interviews with the top 3 ranked consultants. If oral interviews are conducted, the City will inform the selected proposers and provide the evaluation criteria for oral interviews at that time. After evaluations, the City will select the consultant who has is ranked highest.

After ranking, cost negotiations will begin with the most qualified consultant and only their cost proposal will be opened. Should negotiations fail or result in a price that the local agency does not consider fair and reasonable, negotiations must be formally terminated and the local agency must then undertake negotiations with the second most qualified consultant. If the negotiations with the second most qualified firm are not successful, negotiations must be formally terminated and the local agency must then undertake negotiations with the third most qualified consultant, and so on, until the price is determined to be fair and reasonable by the local agency.

9. PREVAILING WAGE RATES

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation RFP, Page 6 Depending upon the scope of work, the required contract provisions may include the California State Prevailing Wages (Federal Payment of Predetermined Minimum Wage applies only to federal-aid construction contracts). Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State Prevailing Wage information is available through the California Department of Industrial Relations websites below. The selected Consultant will need to provide its Prevailing Wage Policy if their participation on the project includes prevailing wage work. The policy will include information on the accounting treatment of delta base and delta fringe, and verify the accounting treatment is consistent every year.

1. DIR FAQ website: http://www.dir.ca.gov/OPRL/FAQ_PrevailingWage.html

2. DIR Wage Determination website:
http://www.dir.ca.gov/oprl/DPreWageDetermination.htm

3. Caltrans Prevailing Wage Interpretive Guidance:
https://ig.dot.ca.gov/resources/interpretive-guidance

10.CONTRACT AWARD
Any contract resulting from this RFP will be awarded to a firm whose Proposal meet the technical requirements of the RFP and is evaluated as the highest ranked proposal.

Proposals will be ranked in accordance with the evaluation criteria stated in this RFP.

Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the highest qualified proposer, the City shall enter into negotiations with the next highest qualified proposer and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into negotiations with the next highest qualified proposer in sequence until an agreement is reached.

11.REQUIRED FORMAT FOR TECHNICAL PROPOSAL SUBMITTAL
Please submit your Technical Proposal in the format specified below:

Cover Letter: Emphasize strong points of the project team and the firm’s experience.

Include the name, address, telephone number, title, and signature of the firm’s contact person for this proposal. The cover letter shall state that the submittal is valid for 120 days.

Table of Contents: Provide contents of proposal.

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation RFP, Page 7 Section 1. Approach and Scope of Work: Provide your understanding of the project and describe your approach. Provide a detailed scope of work that your film will utilize in providing requested services in efficient and cost-effective manner. In your approach, describe methods that you will use for quality control, budget/cost control, schedule control, and document control.

Section 2: Schedule: Provide a project a detailed schedule. Use February 5, 2024 as the start date of City’s Notice to Proceed with the project. Show project tasks, durations, start and completion dates, time allocations for City review and other regulatory agency review and any outside agencies that may be involved in the review and approval process. The final PS&E shall be submitted within 4 months of City’s Notice to Proceed, excluding City review times.

Section 3. Project Team, Key Personnel and Resumes: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants.

Provide resumes of all key personnel identified in the organization chart.

Section 4. Company Qualifications: Provide qualifications of prime consulting firm and sub-consultants.

Section 5. References: Provide five (5) Public Agency references for similar projects.

Section 6. City’s Standard Professional Services Agreement (see Attachment C.

Sample Professional Services Agreement): The referenced attachment is City’s Standard Professional Services Agreement, which will be executed by the selected consultant. Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider. Please note that the City does not guarantee that any revisions to the contract will be accepted. The selected consultant shall be prepared to execute the contract as is, if the City does not accept any changes provided by the consultant.

Section 7. Addenda Acknowledgement: If any Addenda is issued by the City, the proposers shall include an acknowledgement of receiving such Addenda and their agreement with the terms and conditions stated in such Addenda. If no Addenda is issued, proposers shall state so in this section.

Section 8. Required Attachments:

Below attachments shall be signed and submitted with the proposal:
• Attachment A - Affidavit of Non-Collusion
• Attachment B - Claims History
• Attachment D - CDBG Federal Requirements (Include the federal provisions and the completed forms as part of the proposal)

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation RFP, Page 8 The Fee Proposal shall be submitted in a separate envelope as indicated in the following section.

12.FEE ESTIMATE PROPOSAL SUBMITTAL
Fee Proposal shall be submitted in a separate sealed envelope.

Fee shall be provided in detail per each task identified on this RFP, including staff hours, hourly rates, and any subconsultant cost (if applicable). If subconsultant is proposed, provide the same detail with hours and hourly rates.

13.QUESTIONS REGARDING THIS RFP
All questions regarding this RFP must be submitted via email:

John Poehler
Director of Public Works
[email protected]
Questions regarding this proposal shall be submitted via email to the above contact within the deadline identified on the RFP Schedule. In response to all questions received by this date, City will issue an Addendum on the date identified on the RFP Schedule prior to the proposal submittal due date. The addendum will be emailed to all RFP recipients on record.

14.PROPOSAL SUBMITTAL PROTOCOL
Interested and qualified firms shall submit their proposals as follows:
• Envelope 1: Technical Proposal, 1 bound copy and 1 pdf file on thumb drive.

Please indicate on the Proposal Cover:

TECHNICAL PROPOSAL
Architectural Design Services for South El Monte City Hall Restrooms Rehabilitation
• Envelope 2: Fee Proposal, 1 bound copy and 1 pdf file on thumb drive.

Please indicate on the Proposal Cover:

FEE PROPOSAL
Architectural Design Services for South El Monte City Hall Restrooms Rehabilitation

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation RFP, Page 9 Proposal submittal due date is:

December 13, 2023; 2:00 PM
Proposals shall be addressed to:

City of South El Monte
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: City Clerk’s Office
Late proposals will not be accepted.

Note: Use of the City seal is prohibited on any documents without City authorization.

Consultants shall not include City seal in their proposals without authorization.

15.PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION The City shall not be liable for any pre-contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Precontractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in:
▪ Preparing and submitting information in response to this RFP ▪ Negotiations with the City on any matter related to this procurement ▪ Costs associated with interviews, meetings, travel or presentations ▪ All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed.

The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution, or only award a partial contract for a limited scope of work. The City reserves the right to request or obtain additional information about any and all proposals.

END OF RFP

ATTACHMENTS TO FOLLOW

RFP to Provide Architectural Design Services, For South El Monte City Hall Restrooms Rehabilitation RFP, Page 10 Attachment A Affidavit of Non-Collusion
Attachment B Claims History
Attachment C Sample Professional Services Agreement
Attachment D CDBG Federal Requirements
Attachment E Existing As-builts and Project Location

12402-0001\2179898v2.doc Approved for Use 04/26/18
Attachment A, Page 1

ATTACHMENT A

AFFIDAVIT OF NON-COLLUSION
I state that I am _____________________________________ (title) of __________________________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.

I state that:
(1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. (2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. (4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. (5) ________________________________________ (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

I state that________________________________________ (name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by the City of South El Monte in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of South El Monte of the true facts relating to the submission of Offers for this contract.
_________________________________________________
(Authorized Signature)
_________________________________________________
(Name of Company/Position)
Sworn to and subscribed before me this _______ day of __________________, 20___. _________________________________________________
Notary Public for California
My Commission Expires: __________________________

12402-0001\2179898v2.doc Approved for Use 04/26/18
Attachment B, Page 1

ATTACHMENT B

CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):

Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
▪ Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
▪ Forfeiture of a bid or proposal bond by proposer or any sub-consultant. ▪ Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
▪ Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). ▪ The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
▪ Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
▪ Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).
▪ Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.

01257.0001/867754.1

ATTACHMENT C

SAMPLE PROFESSIONAL SERVICES AGREEMENT

01257.0001/867754.1

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
__________________________________

01257.0001/867754.1 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
____________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2023 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and ___________________________, _________________ (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
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.

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.

Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.

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

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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.

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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 __________________________________ Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

2.2 Method of Compensation.

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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.

ARTICLE 3. PERFORMANCE SCHEDULE

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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 years 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 additional one-year terms.] 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:

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(Name) (Title)
(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 [_____________________________] 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.

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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 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.

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(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 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

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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 non-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 noncompliance 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 be

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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 connection with the negligent performance of the work, operations or activities provided herein of

01257.0001/867754.1 11
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:

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;
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;
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 detailed. The Contract Officer shall have full and free access to such books and records at all times

01257.0001/867754.1 12
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 public domain or already known to Consultant. Consultant shall not release or disclose any such information or

01257.0001/867754.1 13
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 alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices

01257.0001/867754.1 14
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.

01257.0001/867754.1 15

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $_________ (___________________________ Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 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.

7.9 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.

7.10 Attorneys’ Fees.

01257.0001/867754.1 16
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.

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.

01257.0001/867754.1 17
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.

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, 1415 Santa Anita Avenue, South El Monte, California 91733 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

01257.0001/867754.1 18
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 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]

01257.0001/867754.1 19
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:
___________________________________
By:

Name:

Title:

By:

Name:

Title:

Address:

If applicable, 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.

01257.0001/867754.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 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.

I. Signature: _____________________________________

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.

01257.0001/867754.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 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.

II. Signature: _____________________________________

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.

01257.0001/867754.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
III. Consultant will perform the following Services:

A.

B.

C.

IV. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A.

B.

C.

V. 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.

B.

C.

VI. 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.

VII. Consultant will utilize the following personnel to accomplish the Services:

A.

B.

C.

01257.0001/867754.1 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.

01257.0001/867754.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
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.

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 1.8.

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.

01257.0001/577811.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Days to Perform Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A.

B.

C.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

ATTACHMENT D
CDBG Federal Requirements

Conflict of Interest:

Contractor agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of the Agreement or upon actual knowledge of a conflict of interest or potential conflict of interest during the term of this Agreement and Contractor shall comply with all applicable federal, state and county laws and regulations governing conflict of interest, in accordance with 24 CFR Part 85, Sec. 84.36.

Political Activity/Lobbying Certification:

Contractor may not conduct any activity, including any payment to any person, officer, or employee of any agency or member of Congress in connection with the awarding of any federal contract, grant, or loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated for under representation that such activity is being performed as part of the contract responsibility.

Los Angeles County Lobby Certification:

It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93-003 or successor) and; that all persons/entity/firms acting on behalf of the above name firm have and will comply with the County Code, and; that any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified there from and denied the contract and, shall be liable in civil action, if any lobbyists, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code.

Non-Discrimination:

Executive Order 11246 requires that during the performance of this Contract, the consultant agree not to discriminate against any employee or applicant for employment because of race, religion, sex, color, or national origin. Such action shall include, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the consultant setting forth the provisions of this nondiscrimination clause.

Civil Rights Act of 1964:

Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Housing And Community Development Act of 1974:

Section 109, Title I of the Housing and Community Development Act of 1974, provides that no person shall, on the ground of race, color, national origin, or sex, be excluded

from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title.

Prohibition of Age Discrimination:

Prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified individual, as provided in Section 504 or the Rehabilitation Act of 1973, shall also apply to any such program or activity.

Consultant shall complete the below form and submit as part of its proposal.

Consultant shall complete the below form and submit as part of its proposal.

ATTACHMENT E
Existing As-Builts and Project Location

ATTACHMENT E: Existing As-Builts and Project Location
First Floor, City of South El Monte City Hall

COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031

CERTIFICATION
Name of Firm: ____________________________________________________________________________________ Address: _____________________________________________________________________________________ State: ___________ Zip Code: _____________ Telephone Number: ( ) _______________________ Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Los Angeles County Development Authority (LACDA).
1) It is understood that each person/entity/firm who applies for a Los Angeles County Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and;
2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and;
3) That any person/entity/firm who seeks a contract with the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with Los Angeles County and the Los Angeles County Development Authority.

Authorized Official:
___________________________________ By: _______________________________________ (Contractor/Subcontractor) (Signature) ___________________________________ _______________________________________ (Date) (Title)

ATTACHMENT B

City Council Agenda Report
Agenda Item No. 7.i.

DATE: November 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION FOR AUTHORIZATION TO SOLICIT

REQUEST FOR PROPOSALS (RFP) FOR JANITORIAL

MAINTENANCE SERVICE
SUMMARY: Staff seeks City Council approval to publish a Request for Proposals (RFP) for Janitorial Maintenance Services for the City of South El Monte.

RECOMMENDED ACTION: Staff recommends City Council approve the RFP to solicit proposals from qualified consultants to provide Janitorial Maintenance Services.

FISCAL/FINANCIAL IMPACT: There is no immediate fiscal impact associated with this action. Staff will prepare a report with findings and recommendations for consideration and approval by City Council. $250,000 has been appropriated for these services within the City Council’s approved FY 2023/24 budget (01-170-1020-5515).

DISCUSSION: The City’s current contract for Janitorial Maintenance Services expired on June 30, 2023. In order to ensure that there is no disruption in the continuation of services, staff is requesting authorization from the City Council to publish a Request for Proposals (RFP) for Janitorial Maintenance Services. The City contracts Janitorial Maintenance Services to ensure the general and efficient maintenance of City facilities.

This maintenance not only upholds but also reinforces the City's professionalism and dedication to offering clean, sanitary facilities for its residents and staff, as well as for developers, contractors, and the general public.

Below is a list of City Facilities that are designated to receive janitorial services, along with their respective approximate square footage:
• City Hall: 11,109 square feet
• Community Center & Boxing Center: 23,577 square feet
• Mini Center: 4,124 square feet
• Public Safety Center: 900 square feet
• Senior Center: 16,080 square feet

• Maintenance Yard: 8,270 square feet
The complete Scope of Services for each facility listed, including the service frequency, is provided in the attached Request for Proposal (RFP) for the Council's review and consideration. After the completion of the RFP process, Staff will prepare a staff report with findings and recommendations to present to the City Council for consideration and approval. The report will include a fiscal impact analysis and make recommendations for the award of a Professional Services Agreement (PSA) for janitorial maintenance services. Funding has been appropriated for these services within the City Council’s approved FY 2023/24 budget.

The RFP for Janitorial Maintenance Services will be released on November 15, 2023 and responses to the RFP will be due by no later than December 13, 2023 at 2:00 p.m.

Staff report was prepared by Andrés González, Senior Public Works Analyst.

ATTACHMENT(S):

A. Janitorial Maintenance Services RFP

REQUEST FOR PROPOSALS
(RFP) TO PROVIDE

JANITORIAL MAINTENANCE

SERVICES IN THE CITY OF

SOUTH EL MONTE,

CALIFORNIA
November 15, 2023

DELIVERY ADDRESS
City of South El Monte
City Clerk’s Office
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: John Poehler, Public
Works Director

REQUIRED NUMBER OF PROPOSALS
One (1) hard copy and one (1) electronic
copy (pdf)

CONTACT INFORMATION FOR INQUIRIES
contact via e-mail only, no telephone calls
Andrés González
Senior Public Works Analyst
[email protected]

PRE-PROPOSAL MEETING
Tuesday, November 28, 8:30 AM
Will begin at City Hall (Address: 1415 Santa
Anita Ave. South El Monte, CA 91733)

PROPOSAL DUE DATE
December 13, 2023; 2:00 PM

RFP to Provide Janitorial Maintenance Services Table of Contents Table of Contents

1. General Information 4

2. Project Description 4

3. RFP Schedule 5

4. Scope of Services 5

5. Key Personnel 5

6. City’s Standard Professional Services Agreement 6

7. Insurance Coverage Limits and Requirements 6

8. Consultant Selection Methodology 6

9. Prevailing Wage Rates 6

10. Contract Award 7

11. Required Format for Technical Proposal Submittal 7

12. Fee Estimate Proposal Submittal 8

13. Questions Regarding This RFP 9

14. Proposal Submittal Protocol 9

15. Pre-Contractual Expenses In Responding To The RFP Preparation 9 Attachments:

Attachment A – Scope of Work – Implementation of Janitorial Maintenance Services Attachment B – Schedule of Compensation
Attachment C – Affidavit of Non-Collusion
Attachment D – Claims History
Attachment E – Special Requirements
Attachment F – Sample Professional Services Agreement

RFP to Provide Janitorial Maintenance Services Cover Page

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE JANITORIAL

MAINTENANCE SERVICES IN THE

CITY OF SOUTH EL MONTE,

CALIFORNIA
To interested and qualified Consultants:

The City of South El Monte is soliciting proposals from qualified firms to Provide Janitorial Maintenance Services. The City is releasing this Request for Proposals (RFP) for Janitorial Maintenance Services of its six City facilities, with varying frequencies, including daily, weekly, and/or monthly service requirements.

Requirements for this RFP are enclosed.

In order to be considered in the selection process, interested parties shall submit one (1) hard copy and one (1) electronic copy (pdf) of their Proposals no later than 2:00 PM, December 13, 2023, to:

City of South El Monte
City Clerk’s Office
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: John Poehler, Public Works Director
If you have any questions, please contact via email (no telephone calls):

Andrés González
Senior Public Works Analyst
[email protected]
Late proposals will not be accepted.

Sincerely,
John Poehler
Public Works Director
City of South El Monte

RFP to Provide Janitorial Maintenance Services
RFP, Page 4

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE JANITORIAL

MAINTENANCE SERVICES IN THE

CITY OF SOUTH EL MONTE,

CALIFORNIA
November 15, 2023

1. GENERAL INFORMATION
A. Community Profile
Incorporated in 1958, the City of South El Monte is an industrial community of approximately 21,000 residents and encompasses 2.3 square miles. This “Industrial Community” is located approximately 13 miles east of downtown Los Angeles and is adjacent to two major freeways and a major State Route in the San Gabriel Valley.

South El Monte offers a good blend of older and younger residents working in the same dedication and community spirit that the city was founded upon. Both the residents and business community are working together to make the community a better place to live and work.

In just six decades the City of South El Monte has matured into a viable commercial and industrial base, with over 2,400 businesses within 2.3 square miles. The City is currently focusing on improving the infrastructure of the community making it a better place to live and work.

B. Overview
The City is requesting the services of a professional firm to provide Janitorial Services.

2. PROJECT DESCRIPTION
The City of South El Monte is seeking proposals from qualified firms that are interested in providing janitorial services at six (6) City facilities. The objective of this RFP solicitation is to identify the most qualified, responsive, and responsible firm to provide janitorial services at six City facilities over the course of a proposed three-year contract period, renewable thereafter up to two (2) one-year optional terms, based on the contractor performance, for a maximum five-year contract period. After a careful review of each submitted proposal, the City will conduct an evaluation leading to the selection of a contractor and the award of a Services Agreement. The City will award no more than one contract on a not-toexceed basis.

The Janitorial Services includes, but is not limited to, sweeping and/or mopping of floors and/or stairwells; vacuuming of carpets and rugs; emptying of wastebaskets; and cleaning of offices, lavatories, and kitchens.

RFP to Provide Janitorial Maintenance Services
RFP, Page 5
The Contractor shall prepare final janitorial services bid documents (e.g., descriptions of services, fee and rate schedule, bid proposal) and provide janitorial services for the City based on the scope of services and outlined tasks listed below.

3. RFP SCHEDULE
Below is the RFP schedule. Below tentative schedule is subject to change by the City:

Request for Proposals Posted and Issued November 15, 2023 Non-Mandatory Pre-Proposal Meeting Tuesday, November 28, 2023, 8:30 AM Questions Submittal Deadline November 30, 2023, 2:00 PM Addendum (if necessary to Respond to
Questions
December 6, 2023
Deadline for Receipt of Proposals (RFP
Due Date)
Wednesday December 13, 2003,
2:00 PM
Evaluation of proposals December 2023
Final Consultant Selection December 2023/ January 2024
Contract Awarded by City Council (tentative) January 2024

4. SCOPE OF SERVICES
Please see Attachment A

5. KEY PERSONNEL
It is imperative that the key personnel providing the consulting services have the background, experience, and qualifications to complete the project. The City reserves the right to approve all key personnel individually for work on this contract. All key staff shall be named in the contract. After the contract is signed, the proposer may not replace key staff unless their employment is terminated or agreed upon by the City. The City must approve replacement staff before a substitute person is assigned to the Project.

The City reserves the right to request that the proposer replace a staff person assigned to the contract should the City consider such a replacement to be for the good of the project.

6. CIT Y’S ST ANDARD PUBLIC WORKS AGREEMENT
The RFP includes a sample of City’s Professional Services Agreement as Attachment F.

Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement, or provide any comments that they would like the City to consider. The City Attorney will review any comment received and make a final decision if all or part or any of such comments may be considered.

RFP to Provide Janitorial Maintenance Services
RFP, Page 6

7. INSURANCE COVERAGE LIMITS AND REQUIREMENTS
Consultant shall provide Insurance Coverage Limits and Requirements as indicated in this RFP as provided in Attachment F.

8. CONSULTANT SELECTION METHODOLOGY
The proposals will be evaluated based upon several factors. These factors may include As part of the evaluation, the City will also contact references listed in the proposal.

City Selection Panel will review the proposals received, and rank them based on the above criteria, and establish highest ranked consultant. The City may choose not to conduct oral interviews and negotiate a contract with the highest ranked consultant after the evaluation of written proposals.

At City’s discretion, the City may also conduct oral interviews with the top 3 ranked consultants. If oral interviews are conducted, the City will inform the selected proposers and provide the evaluation criteria for oral interviews at that time. After evaluations, the City will select the consultant who has is ranked highest.

After ranking, cost negotiations will begin with the most qualified consultant and only their cost proposal will be opened. Should negotiations fail or result in a price that the local agency does not consider fair and reasonable, negotiations must be formally terminated and the local agency must then undertake negotiations with the second most qualified consultant. If the negotiations with the second most qualified firm are not successful, negotiations must be formally terminated and the local agency must then undertake negotiations with the third most qualified consultant, and so on, until the price is determined to be fair and reasonable by the local agency.

9. PREVAILING WAGE RATES
Evaluation Criteria Max
Points
Completeness of the Proposals and compliance with the required RFP format. 10
Project understanding, scope and approach to develop the project efficiently. 25
Experience and Qualifications of Key Staff. 25
Similar Project Experience, including familiarity with State and Federal procedures. 25
Effectiveness of Project Schedule showing how the proposer will be able to complete the design with required time duration 15 Total Points 100

RFP to Provide Janitorial Maintenance Services
RFP, Page 7
Depending upon the scope of work, the required contract provisions may include the California State Prevailing Wages (Federal Payment of Predetermined Minimum Wage applies only to federal-aid construction contracts). Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State Prevailing Wage information is available through the California Department of Industrial Relations websites below. The selected Consultant will need to provide its Prevailing Wage Policy if their participation on the project includes prevailing wage work. The policy will include information on the accounting treatment of delta base and delta fringe, and verify the accounting treatment is consistent every year.

1. DIR FAQ website: http://www.dir.ca.gov/OPRL/FAQ_PrevailingWage.html

2. DIR Wage Determination website:
http://www.dir.ca.gov/oprl/DPreWageDetermination.htm

3. Caltrans Prevailing Wage Interpretive Guidance:
https://ig.dot.ca.gov/resources/interpretive-guidance

10.CONTRACT AWARD
Any contract resulting from this RFP will be awarded to a firm whose Proposal meet the technical requirements of the RFP and is evaluated as the highest ranked proposal.

Proposals will be ranked in accordance with the evaluation criteria stated in this RFP.

Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the highest qualified proposer, the City shall enter into negotiations with the next highest qualified proposer and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into negotiations with the next highest qualified proposer in sequence until an agreement is reached.

11.REQUIRED FORMAT FOR TECHNICAL PROPOSAL SUBMITTAL
Please submit your Technical Proposal in the format specified below:

Cover Letter: Emphasize strong points of the project team and the firm’s experience.

Include the name, address, telephone number, title, and signature of the firm’s contact person for this proposal. The cover letter shall state that the submittal is valid for 120 days.

Table of Contents: Provide contents of proposal.

Section 1. Approach and Scope of Work: Provide your understanding of the project and describe your approach. Provide a detailed scope of work that your film will utilize in providing requested services in efficient and cost-effective manner. In your approach, describe methods that you will use for quality control, budget/cost control,

RFP to Provide Janitorial Maintenance Services
RFP, Page 8
schedule control, and document control.

Section 2: Schedule: Provide a project a detailed schedule. Use October, 2023 as the start date of City’s Notice to Proceed with the project. Show project tasks, durations, start and completion dates, time allocations for City review and other regulatory agency review and any outside agencies that may be involved in the review and approval process.

Section 3. Project Team, Key Personnel and Resumes: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants.

Provide resumes of all key personnel identified in the organization chart.

Section 4. Company Qualifications: Provide qualifications of prime consulting firm and sub-consultants. The Consultant is required to possess at least four (4) years of direct experience in delivering janitorial maintenance services at a city of a similar size.

Section 5. References: Provide 5 Public Agency references for similar projects.

Section 6. City’s Standard Public Works Agreement (see Attachment F. Sample Professional Services Agreement): The referenced attachment is City’s Standard Professional Services Agreement, which will be executed by the selected consultant.

Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider. Please note that the City does not guarantee that any revisions to the contract will be accepted. The selected consultant shall be prepared to execute the contract as is, if the City does not accept any changes provided by the consultant.

Section 7. Addenda Acknowledgement: If any Addenda is issued by the City, the proposers shall include an acknowledgement of receiving such Addenda and their agreement with the terms and conditions stated in such Addenda. If no Addenda is issued, proposers shall state so in this section.

Section 8. Required Attachments:

Below attachments shall be signed and submitted with the proposal:
• Attachment C - Affidavit of Non-Collusion
• Attachment D - Claims History
The Fee Proposal shall be submitted in a separate envelope as indicated in the following section.

12.FEE ESTIMATE PROPOSAL SUBMITTAL
Fee Proposal shall be submitted in a separate sealed envelope.

Fee shall be provided in detail per each task identified on this RFP, including staff hours, hourly rates, and any subconsultant cost (if applicable). If subconsultant is proposed, provide the same detail with hours and hourly rates.

RFP to Provide Janitorial Maintenance Services
RFP, Page 9

13.QUESTIONS REGARDING THIS RFP
All questions regarding this RFP must be submitted via email:

Andrés González
Senior Public Works Analyst
[email protected]
Questions regarding this proposal shall be submitted via email by the deadline identified on RFP Schedule. In response to all questions received by this date, City will issue an Addendum by the deadline identified on RFP Schedule. The addendum will be published on the City website. Contractors are responsible to download and acknowledge any addenda from the City website from the following address:
https://www.cityofsouthelmonte.org/Bids.aspx

14.PROPOSAL SUBMITTAL PROTOCOL
In order to be considered in the selection process, interested parties shall submit one (1) copy and one (1) electronic copy (pdf) of their Proposals no later than 2:00 PM, December 13, 2023 to:

City of South El Monte
City Clerk’s Office
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: John Poehler, Public Works Director
Late proposals will not be accepted.

Note: Use of the City seal is prohibited on any documents without City authorization.

Consultants shall not include City seal in their proposals without authorization.South El Monte, CA 91733

15.PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION The City shall not be liable for any pre-contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Precontractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in:
▪ Preparing and submitting information in response to this RFP ▪ Negotiations with the City on any matter related to this procurement ▪ Costs associated with interviews, meetings, travel or presentations

RFP to Provide Janitorial Maintenance Services
RFP, Page 10
▪ All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed.

The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution, or only award a partial contract for a limited scope of work. The City reserves the right to request or obtain additional information about any and all proposals.

END OF RFP

ATTACHMENTS TO FOLLOW
Attachment A Scope of Work – Janitorial Maintenance Services Attachment B Schedule of Compensation
Attachment C Affidavit of Non-Collusion
Attachment D Claims History
Attachment E Special Requirements
Attachment F Sample Professional Services Agreement

ATTACHMENT A

SCOPE OF WORK
I. Consultant will perform the following Janitorial Maintenance Services:
a. Provide janitorial services for the following city facilities:

1. City Hall

2. Community Center & Boxing Center

3. Mini Center

4. Public Safety Center

5. Senior Center

6. Maintenance Yard
City Hall (1415 Central Ave.)
General cleaning services include nightly, weekly, and monthly services. Approximately 3 hours per visit. Nightly, weekly, and monthly services will be completed by Site Supervisor and Crew members.

Nightly Services (Four times a week)

1. Sweep and/or dust, mop all floors using dust control sweeping mops.

2. Vacuum all carpets and rugs.

3. Spot carpet stains with rug spotter.

4. Dust desks, tables, chairs, filing cabinets, telephones, pen sets, bookcases and other office equipment using special treated dust cloths (desks and tables covered with papers excepted).

5. Empty all wastebaskets and remove trash to pick-up area.

6. Damp wipe any glass top desks or counter tops.

7. Spot clean doors, doorframes, woodwork and around light switches.

8. Clean, polish and sanitize all drinking fountains.

9. Spot clean finger marks and smudges from walls.

10. Spot mop floors to remove spillage.

11. Sweep entranceway.

12. Thoroughly clean all tabletops and chairs.

13. Sweep stairways.

14. Clean all chalk trays and chalk boards.

15. Dust banister and handrails.

16. Remove gum from entranceways of building, walls, counters, tables, chairs, and floor throughout the building.

17. Restrooms
a. Clean restroom floors, basins, bowls, and urinals with a germicidal detergent solution.
b. Clean and refill restroom dispensers with supplies provided by the property owner.
c. Wash and polish mirrors, powder shelves, bright work, including flush-o- meters, piping and toilet seat hinges.

d. Spot clean restroom walls, ceilings, and partitions. e. Remove all trash.

Weekly Services

1. Perform low dusting of chairs, bottoms of furniture and baseboards.

2. Clean and sanitize downstairs shower.

Monthly Services

1. Dust Venetian blinds.

2. Perform high dusting, such as tops of doorframes, partitions, vents and picture frames.

3. Machine scrub and wash all composition floors.

4. Wash all windows inside and out.

Community Center and Boxing Center (1530 Central Ave.)
General cleaning services include nightly, weekly, and monthly services. Approximately 7 hours per visit. Nightly, weekly, and monthly services will be completed by Site Supervisor and Crew members.

Nightly Services (Five times a week)

1. Sweep and/or dust, mop all floors using dust control sweeping mops.

2. Vacuum all carpets and rugs.

3. Spot carpet stains with rug spotter.

4. Dust desks, tables, chairs, filing cabinets, telephones, pen sets, bookcases and other office equipment using special treated dust cloths.

5. Empty all wastebaskets and remove trash to pick-up area.

6. Damp wipe any glass top desks or counter tops.

7. Spot clean doors, doorframes, woodwork and around light switches.

8. Clean, polish and sanitize all drinking fountains.

9. Spot clean finger marks and smudges from walls.

10. Spot clean floors to remove spillage.

11. Sweep stairway.

12. Thoroughly clean all tabletops and chairs.

13. Sweep entranceway.

14. Clean all chalk trays and chalk boards.

15. Dust banister and handrails

16. Remove gum from entranceways of building, walls, counters, tables, chairs and floor throughout the building.

17. Restrooms
a. Clean restroom floors, basins, bowls, and urinals with a germicidal detergent solution
b. Clean and refill restroom dispensers with supplies to be provided by the property owner
c. Wash and polish mirrors, powder shelved, bright work, including flush-o- meters, piping and
toilet seat hinges.
d. Spot clean restroom walls, ceilings, and partitions
e. Remove all trash.

18. Kitchen
a. Clean all countertops.

b. Spot clean doors, refrigerators, and around light switches. c. Sweep and damp mop floor daily.
d. Remove all trash, clean and refill restroom dispensers with supplies to be furnished by the property owner.

Weekly Services

1. Perform low dusting of chairs, bottoms of furniture and baseboards.

Monthly Services

1. Dust Venetian blinds.

2. Perform high dusting, such as tops of doorframes, partitions, vents and picture frames.

3. Machine scrub and wash all composition floors.

4. Wash all windows inside and out.

Mini Center (1824 Central Ave.)
General cleaning services include nightly, weekly, and monthly services. Approximately

1.5 hours per visit. Nightly, weekly, and monthly services will be completed by Site Supervisor and Crew members.

Nightly Services (Five times a week)

1. Sweep and/or dust, mop all floors using dust control sweeping mops.

2. Vacuum all carpets and rugs.

3. Spot carpet stains with rug spotter.

4. Dust desks, tables, chairs, filing cabinets, telephones, pen sets, bookcases and other office Equipment using special treated dust clothes (desks and tables covered with papers excepted).

5. Empty all wastebaskets and remove trash to pick-up area.

6. Damp wipe any glass top desks or counter tops.

7. Spot clean doors, doorframes, woodwork and around light switches.

8. Clean, polish and sanitize all drinking fountains.

9. Spot clean finger marks and smudges from walls.

10. Spot mop floors to remove spillage.

11. Sweep stairways.

12. Thoroughly clean all tabletops and chairs.

13. Sweep entranceway.

14. Clean all chalk trays and chalk boards.

15. Dust banister and handrails.

16. Remove gum from entranceways of building, walls, counters, tables, chairs and floor throughout the building.

17. Restrooms
a. Clean restroom floors, basins, bowls, and urinals with a germicidal detergent solution.
b. Clean and refill restroom dispensers with supplies provided by the property owner c. Wash and polish mirrors, powder shelves, bright work, etc. including flush-o- meters, piping and toilet seat hinges.
d. Spot clean restroom walls, ceilings, and partitions. e. Remove all trash.

Weekly Services

1. Perform low dusting of chairs, bottoms of furniture, baseboards, etc.

Monthly Services

1. Dust Venetian blinds.

2. Perform high dusting, such as tops of doorframes, partitions, vents and picture frames.

3. Machine scrub and wash all composition floors.

4. Wash all windows inside and out.

Public Safety Center (1443 N. Central Ave.)
General cleaning services include nightly, weekly, and monthly services. Approximately .5 hours per visit. Nightly, weekly, and monthly services will be completed by Site Supervisor and Crew members.

Nightly Services (Two times a week)

1. Sweep and/or dust, mop all floors using dust control sweeping mops.

2. Dust desks, tables, chairs, filing cabinets, telephones, pen sets, bookcases and other office equipment using special treated dust cloths (desks and tables covered with papers excepted).

3. Empty all wastebaskets and remove trash to pick-up area.

4. Damp wipe any glass top desks or counter tops.

5. Spot clean doors, doorframes, woodwork and around light switches.

6. Spot clean finger marks and smudges from walls.

7. Spot mop floors to remove spillage.

8. Thoroughly clean all tabletops and chairs.

9. Sweep entranceway.

10. Remove gum from entranceway of center, walls, counters, tables, chairs and floor throughout the center.

11. Dust T.V. and wipe screen.

Weekly Services

1. Perform low dusting of chairs, bottoms of furniture and baseboards.

Monthly Services

1. Dust Venetian blinds.

Senior Center (1556 N. Central Ave.)
General cleaning services include nightly, weekly, and monthly services. Approximately 6 hours per visit. Nightly, weekly, and monthly services will be completed by Site Supervisor and Crew members.

Nightly Services (Five times a week)

1. Sweep and/or dust, mop all floors using dust control sweeping mops.

2. Vacuum all carpets and rugs.

3. Spot carpet stains with rug spotter.

4. Dust desks, tables, chairs, filing cabinets, telephones, pen sets, bookcases and other office equipment using special treated dust cloths (desks and tables covered with papers excepted).

5. Empty all wastebaskets and remove trash to pick-up area.

6. Damp wipe any glass top desks or counter tops.

7. Spot clean doors, doorframes, woodwork and around light switches.

8. Clean, polish and sanitize all drinking fountains.

9. Spot clean finger marks and smudges from walls.

10. Spot mop floors to remove spillage.

11. Sweep stairways.

12. Thoroughly clean all tabletops and chairs.

13. Sweep entranceway.

14. Clean all chalk trays and chalk boards.

15. Dust banister and handrails.

16. Remove gum from entranceways of building, walls, counters, tables, chairs and floor throughout the building.

I 7. Restrooms
a. Clean restroom floors, basins, bowls, and urinals with a germicidal detergent solution.
b. Clean and refill restroom dispensers with supplies provided by the property owner.
c. Wash and polish mirrors, powder shelves, bright work, including flush-o- meters, piping and toilet seat hinges.
d. Spot clean restroom walls, ceilings, and partitions. e. Remove all trash.

18. Kitchen
a. Clean all countertops.
b. Spot clean doors, refrigerator, and around light switches. c. Sweep and damp mop floor daily.
d. Remove all trash.
e. Wipe down delivery door to kitchen.

19. Library
a. Dust all bookcases.
b. Dust T.V. and wipe screen.

Weekly Services

1. Perform low dusting of chairs, bottoms of furniture and baseboards.

Monthly Services

1. Dust Venetian blinds.

2. Perform high dusting, such as tops of doorframes, partitions, vents and picture frames.

3. Machine scrub and wash all composition floors.

4. Wash all windows inside and out.

5. Vacuum draperies
Maintenance Yard (1900 Central Ave.)
General cleaning services include nightly, weekly, and monthly services. Approximately 6 hours per visit. Nightly, weekly, and monthly services will be completed by our Site Supervisor and Crew members.

Nightly Services (Five times a week)

1. Restrooms
a. Clean restroom floors, basins, bowls, and urinals with a germicidal detergent solution.

b. Clean and refill restroom dispensers with supplies provided by the property owner.
c. Wash and polish mirrors, powder shelves, bright work, including flush-o- meters, piping and toilet seat hinges.
d. Spot clean restroom walls, ceilings, and floors.
e. Remove all trash.

2. Kitchen
a. Clean all countertops.
b. Spot clean doors, refrigerator, and around light switches. c. Sweep and damp mop floor daily.
d. Remove all trash.

All of Consultant's performance or work shall be subject to the following requirements:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

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:

1. The Contractor is expected to establish and maintain a close working relationship with City Staff throughout the duration of the agreement.

2. For the duration of the contract, the selected Contractor shall maintain the same Site Supervisor, as specified in the Proposal and approved by the City. In the event that the authorized Site Supervisor terminates employment, the Contractor shall make a demonstrated and concerted effort to maintain the Site Supervisor in the key managerial position, unless extreme conditions prohibit continuance. Any substitution of the Site Supervisor will require written City approval.

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:

1. The consultant shall furnish and deploy the required personnel on a daily basis to ensure the timely and satisfactory completion of all tasks specified in this agreement.

ATTACHMENT B

SCHEDULE OF COMPENSATION
In compliance with the City of South El Monte' s Request for Proposal to provide Janitorial Services at this City Hall, Community Center and Boxing Center, Mini -Center, Public Safety Center, Senior Center and Maintenance Yard, this Contractor proposes to perform the services for the following fees, inclusive of all costs (including all overhead, materials, equipment, hourly labor rate, and all other miscellaneous direct and indirect costs):

1. Facilities
A. City Hall __________ Per Month
B. Community Center & __________ Per Month
Boxing Center
C. Mini Center __________ Per Month
D. Public Safety Center __________ Per Month
E. Senior Center __________ Per Month
F. Maintenance Yard __________ Per Month
Total Monthly Cost __________________
II. Supplemental Request Cost
A. Shampoo all carpet areas (Quarterly)
a. City Hall __________
b. Community Center __________
c. Mini Center __________
d. Senior Center __________
B. III. Special Clean-up Facilities
a. City Hall __________
b. Community Center __________
c. Mini Center __________
d. Public Safety Center __________
e. Senior Center __________
f. Maintenance Yard __________
C. Strip and Wax Gymnasium Floor __________
D. Clean Venetian Blinds __________
E. Clean Room Dividers __________

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice isto include:

A. Line items for all services performed describing the work performed.

IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1of this Agreement.

V. Expenses. These rates are inclusive of all expenses. Contractor shall bear all other out-of-pocket expenses, or any other costs related to the performance of services pursuant to this Agreement and shall not seek reimbursement of such expenses from City.

ATTACHMENT C

AFFIDAVIT OF NON-COLLUSION
I state that I am ________________________________ (title) ________________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.

I state that:
(1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. (2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. (4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. (5) (name of firm), its affiliates, subsidiaries,
officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

I state that_ (name of firm) understands and
acknowledges that the above representations are material and important, and will be relied on by the City of South El Monte in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of South El Monte of the true facts relating to the submission of Offers for this contract.
(Authorized Signature)
(Name of Company/Position)
Sworn to and subscribed before me this day of , 20_ .

Notary Public for California
My Commission Expires:

ATTACHMENT D

CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):

Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
▪ Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
▪ Forfeiture of a bid or proposal bond by proposer or any sub-consultant. ▪ Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
▪ Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). ▪ The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
▪ Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
▪ Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).
▪ Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.

ATTACHMENT E

SPECIAL REQUIREMENTS
Insurance required under this Agreement shall be:

1. Commercial General Liability Insurance including bodily injury, property damage, personal injury, advertising injury and products/ completed operations, with a limit of not less than $1,000,000.

2. Automobile Liability with a combined single limit of $1,000,000.

3. Workers' Compensation and Employer' s Liability Insurance covering all Contractor's personnel performing the Services pursuant to this Agreement.

Workers’ Compensation insurance will be in accordance with the Workers' Compensation Law of the jurisdiction where the work is performed. Employer's Liability shall be provided with limits of not less than $ 500, 000 each accident, $500,000 each disease, and $1,000,000 disease policy

4. Umbrella/Excess Liability Insurance to follow -form the terms and conditions set forth under Section 1, above with a limit of liability not less than $ 5,000,000 each occurrence and annual aggregate.

ATTACHMENT F

SAMPLE PROFESSIONAL SERVICES AGREEMENT

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
__________________________________

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AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
____________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2023 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and ___________________________, _________________ (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
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.

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.

Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.

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 professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.

01257.0001/867754.1 2

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.

1.7 Further Responsibilities of Parties.

01257.0001/867754.1 3
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 __________________________________ Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

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

01257.0001/867754.1 4
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.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

01257.0001/867754.1 5

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 years 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 additional one-year terms.] 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:

(Name) (Title)

(Name) (Title)

01257.0001/867754.1 6
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 [_____________________________] 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 contractor with only such obligations as are consistent with that role. Consultant shall not at any