HomeMy Public PortalAbout09) 7F Agreement with Willdan Engineering - Housing Consultant SvcsCity Council
June 17, 2014
Page 2
their performance and available funds.
3. On January 7, 2014, the City Council approved the City's FY 2014-15 CDBG
Allocation, which included $280,000 of CDBG funds to operate the City's home
improvement programs (i.e., $235,000 for the Home Improvement Loan Program
and $45,000 for the Asbestos Testing and Abatement Program).
4. On May 15, 2014, Community Development staff issued a Request for Proposal
(RFP) (Attachment "B") with a June 4, 2014, due date, inviting qualified consultants
to submit proposals to administer the City's home improvement programs that
utilize CDBG funds.
5. On June 4, 2014, the City Clerk opened the five sealed RFP's (Willdan, PMC,
Avant Garde, JWA Urban Consultants and Neighborhood Housing Services of Los
Angeles County) and forwarded copies to the Interim City Manager and
Community Development staff for review.
6. On June 6, 2014, the Interim City Manager and Community Development staff
discussed the RFP's. As specified in the RFP, City staff evaluated the RFP's for
completeness, the consultant's experience with operating a housing rehabilitation
loan program utilizing CDBG funds, experience with the Los Angeles County
Community Development Commission (LACCDC), and the consultant's ability to
provide services in an efficient and cost effective manner.
7. On June 3, 2014, the City Council approved the FY 2014-15 City Budget.
ANALYSIS:
It is standard practice for cities and counties to issue RFP's for contract services every
three to four years to ensure that they are receiving a competitive price. The City has
contracted with Willdan to perform housing consultant services since 2011, with the
current contract set to expire on June 30, 2014. Rather than extending the contract
another year, City staff felt it was necessary to issue a new RFP for the housing
consultant services to ensure that the City was receiving the most efficient and cost
effective service.
The Interim City Manager and Community Development staff have reviewed the five
RFP's and have analyzed the proposals based on the criteria specified in the RFP. Staff
recommends that the City Council retain the professional services of Willdan to provide
the City with the desired housing consultant services. The selected housing consultant
is best qualified to assist the City with providing effective, efficient, and quality home
improvement services. These services will facilitate the City's Home Improvement
Program goals specified in the City Council's work plan, while allowing staff resources
to focus on other priority items outlined in the work plan.
City Council
June 17, 2014
Page 3
Willdan has over 15 years of experience in assisting cities and counties in administering
various home improvement programs that utilized CRA, CDBG, CDBG-R, and EECBG
funds. In addition, Willdan also has several years of experience in successfully working
with the LACCDC, which is the entity that distributes the City's CDBG funds. As a
"participating city" under the LACCDC, it is important for the City to hire a housing
consultant that has experience with LACCDC's extensive procedures. Willdan staff, that
will be dedicated to the City's housing program, have administered other successful
home improvement programs in Temple City, Pico Rivera, Bell Gardens, Artesia,
Paramount, La Mirada, Irwindale, Lake Forest, La Puente and Mission Viejo.
The consultant costs will be reimbursed by CDBG funds allocated to the City's Home
Improvement Loan Program and the Asbestos Testing and Abatement Program. A
maximum of 10 percent of the funds allocated can be used for administration. The fees
charged to administer the program will be on an hourly basis, with a not to exceed
amount of $56,000. This amount should provide enough room to administer the
program for three years. The "not to exceed" amount is within the maximum allowed by
the CDBG Program. Oversight of the housing program will be provided by Community
Development Department staff. Furthermore, the LACCDC performs annual
programmatic and financial audits to ensure that the City's CDBG Programs are in
compliance with LACCDC and CDBG regulations.
CONCLUSION:
It is staff's assessment that Willdan has the necessary combination of experience and
credentials to help administer the City's Home Improvement Program within budget.
Therefore, the City Council is requested to review and approve the agreement with
Willdan to provide housing consulting services for the City.
FISCAL IMPACT:
The funds to administer the City's Home Improvement Program were appropriated in
the City's CDBG allocations for FY 2014-15.
ATTACHMENTS:
A. Professional Services Agreement with Willdan
B. Request for Proposal
C. Willdan Proposal
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AGREEMENT FOR SERVICES
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
WILLDAN ENGINEERING,
a California corporation
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ATTACHMENT A
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
Willdan Engineering
This Agreement for Services ("Agreement") is entered into as of this 17th day of June,
2014 by and between the City of Temple City, a municipal corporation ("City") and Will dan
Engineering, a California Corporation ("Service Provider"). City and Service Provider are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to
as the "Parties."
RECITALS
A. City has sought, by a Request for Proposal (RFP) the performance of the services
defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a proposal, for the performance of the
services defined and described particularly in Section 2 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Temple City's Municipal Code, City has authority to enter
into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance
of those services defined and described particularly in Section 2 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 here and other consideration, the value and adequacy of which are
hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement,
the Term of this Agreement is for 3 years commencing on the date first ascribed above.
SECTION2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Service Provider agrees to perfonn the services set forth in
Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of this Agreement
by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the
schedule specified in Exhibit "A." Should the Services not be completed pursuant to that
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schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in
its sole discretion, may choose not to enforce the Default provisions of this Agreement and may
instead allow Service Provider to continue performing the Services.
SECTION3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its
performance of this Agreement that are in addition to or outside of the Services unless such
additional services are authorized in advance and in writing in accordance with Section 26
"Administration and Implementation" or Section 28 "Amendment" of this Agreement. If and
when such additional work is authorized, such additional work shall be deemed to be part of the
Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service
Provider the amounts specified in Exhibit "B" "Compensation" and made a part of this
Agreement by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed fifty-six thousand dollars ($56,000.00), unless additional
compensation is approved in writing in accordance with Section 26 "Administration and
Implementation" or Section 28 "Amendment" of this Agreement..
(b) Each month Service Provider shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and
sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following
categories: labor, travel, materials, equipment and supplies. If the compensation set forth in
subsection (a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor
and materials being paid as a lump sum), the labor category in each invoice shall include
detailed descriptions of task performed and the amount of time incurred for or allocated to that
task. City shall independently review each invoice submitted by the Service Provider to
determine whether the work performed and expenses incurred are in compliance with the
provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice
shall be approved and paid according to the terms set forth in subsection (c). In the event any
charges or expenses are disputed by City, the original invoice shall be returned by City to Service
Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service
Provider which are disputed by City, City will use its best efforts to cause Service Provider to be
paid within forty-five (45) days of receipt of Service Provider's correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall
not be deemed to waive any defects in work performed by Service Provider.
SECTIONS. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider's work under this
Agreement, either during perfonnance or when completed. City shall reject or finally accept
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Service Provider's work within sixty (60) days after submitted to City. City shall reject work by
a timely written explanation, otherwise Service Provider's work shall be deemed to have been
accepted. City's acceptance shall be conclusive as to such work except with respect to latent
defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Service
Provider's work by City shall not constitute a waiver of any of the provisions of this Agreement
including, but not limited to, Section 16 "Indemnification" and Section 17 "Insurance."
SECTION6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files and other docun1ents prepared, developed or discovered by Service
Provider in the course of providing the Services pursuant to this Agreement shall become the
sole property of City and may be used, reused or otherwise disposed of by City without the
permission of the Service Provider. Upon completion, expiration or termination of this
Agreement, Service Provider shall turn over to City all such original maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other
documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, repmis, data, notes, computer
files, files or other documents prepared, developed or discovered by Service Provider in the
course of providing the Services pursuant to this Agreement, Service Provider's guarantees and
warranties in Section 9 "Standard of Performance" of this Agreement shall not extend to such
use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents.
SECTION?. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating
or relating to Service Provider's performance of the Services. Service Provider shall maintain
any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or
records evidencing or relating to work, services, expenditures and disbursements charged to City
pursuant to this Agreement. Any and all such documents or records shall be maintained in
accordance with generally accepted accounting principles and shall be sufficiently complete and
detailed so as to permit an accurate evaluation of the services provided by Service Provider
pursuant to this Agreement. Any and all such documents or records shall be maintained for three
(3) years from the date of execution of this Agreement and to the extent required by laws relating
to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by City or its designated representative. Copies of such documents
or records shall be provided directly to the City for inspection, audit and copying when it is
practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Service Provider's address indicated for receipt of notices in
this Agreement.
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(c) Where City has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or termination
of Service Provider's business, City may, by written request, require that custody of such
documents or records be given to the City. Access to such documents and records shall be
granted to City, as well as to its successors-in-interest and authorized representatives.
SECTIONS. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor
and not an officer, employee or agent of City. Service Provider shall have no authority to bind
City in any manner, nor 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.
(b) The personnel performing the Services under this Agreement on behalf of Service
Provider shall at all times be under Service Provider's exclusive direction and control. Neither
City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall
have control over the conduct of Service Provider or any of Service Provider's oflicers,
employees, or agents except as set forth in this Agreement. Service Provider shall not at any
time or in any manner represent that Service Provider or any of Service Provider's officers,
employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Service Provider, nor any of Service Provider'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. Service Provider expressly waives any claim Service
Provider may have to any such rights.
SECTION9. STANDARD OF PERFORMANCE.
Service Provider 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. Service Provider shall at all times faithfully, competently
and to the best of its ability, experience and talent, perform all Services. In meeting its
obligations under this Agreement, Service Provider shall employ, at a minimum, generally
accepted standards and practices utilized by persons engaged in providing services similar to the
Services required of Service Provider under this Agreement. In addition to the general standards
of performance set forth this section, additional specific standards of performance and
performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be
applicable to Service Provider's work under this Agreement. Where there is a conflict between a
general and a specific standard of performance or performance criteria, the specific standard or
criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal,
state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of
this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations
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necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or
appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in
equity, as a result of any failure of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws
do not apply to this Agreement because the Agreement does not involve any of the following
services subject to prevailing wage rates pursuant to the California Labor Code or regulations
promulgated thereunder: Construction, alteration, demolition, installation, or repair work
performed on public buildings, facilities, streets or sewers done under contract and paid for in
whole or in part out of public funds. In this context, "construction" includes work performed
during the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the basis of
race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical
condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C.A. §§ llOl, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as defined therein. Should Service
Provider so employ such unauthorized aliens for the performance of the Services, and should the
any liability or sanctions be imposed against City for such use of unauthorized aliens, Service
Provider 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.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider 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 Service Provider's performance of the
Services. Service Provider 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 City Manager. Service Provider 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.
(b) City understands and acknowledges that Service Provider is, as of the date of
execution of this Agreement, independently involved in the performance of non-related services
for other governmental agencies and private pmiies. Service Provider is unaware of any stated
position of City relative to such projects. Any future position of City on such projects shall not
be considered a conflict of interest for purposes ofthis section.
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(c) City understands and acknowledges that Service Provider will, perform non-
related services for other governmental agencies and private Parties following the completion of
the Services under this Agreement. Any such future service shall not be considered a conflict of
interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Service Provider in
performance of this Agreement shall be considered confidential, m1less such information is in the
public domain or already known to Service Provider. Service Provider shall not release or
disclose any such infonnation or work product to persons or entities other than City without prior
written authorization fi"om the City Manager, except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the City Manager or unless requested by the City
Attorney of City, voluntarily provide 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
Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any oflicer, employee, agent or subcontractor of Service
Provider, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Service Provider for any damages,
costs and fees, including attorneys fees, caused by or incurred as a result of Service Provider's
conduct.
(d) Service Provider shall promptly notify City should Service Provider , its officers,
employees, agents or subcontractors be served with any smnmons, 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 thereunder. City retains the right, but has no obligation, to represent Service Provider
or be present at any deposition, hearing or similar proceeding. Service Provider agrees to
cooperate fully with City and to provide City with the opportunity to review any response to
discovery requests provided by Service Provider. However, this right to review any such
response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a
professional standard of care for Service Provider's services, to the fullest extent permitted by
law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of
its officials, employees and agents ("Indemnified Parties") from and against any and all liability
(including liability for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert
witness fees) arise out of, are a consequence of: or are in any way attributable to, in whole or in
part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or
entity for which Service Provider is legally liable, including but not limited to officers, agents,
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employees or sub-contractors of Service Provider, in the performance of professional services
under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Service Provider
shall indemnifY, protect, defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement by Service Provider or by any individual or entity for which Service Provider is
legally liable, including but not limited to officers, agents, employees or sub-contractors of
Service Provider.
(c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain
executed indemnity agreements with provisions identical to those set forth in this section from
each and every sub-Service Provider or any other person or entity involved by, for, with or on
behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties
as additional indemnitees. In the event Service Provider fails to obtain such indemnity
obligations from others as required herein, Service Provider agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on
the successors, assigns or heirs of Service Provider and shall survive the termination of this
Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this section to
the contrary, design professionals are required to defend and indemnifY the City only to the
extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional
to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the design professional. The term "design professional,"
as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects,
registered professional engineers, professional land surveyors, and the business entities that offer
such services in accordance with the applicable provisions of the California Business and
Professions Code.
(e) City's Negligence. The provisions of this section do not apply to claims occurring
as a result of City's sole negligence. The provisions of this section shall not release City from
liability arising from gross negligence or willful acts or omissions of City or any and all of its
officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of
this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this
Agreement. All insurance policies shall be subject to approval by City as to form and content.
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These requirements are subject to amendment or waiver if so approved in writing by the City
Manager. Service Provider agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this
Agreement. City has an interest in the qualifications and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Service Provider under this Agreement.
In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any
portion of this Agreement or the performance of any of Service Provider's duties or obligations
under this Agreement without the prior written consent of the City. Any attempted assignment
shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling City to any and all remedies at law or in equity, including termination of this Agreement
pursuant to Section 20 "Termination of Agreement." City acknowledges, however, that Service
Provider, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and
continuity of Service Provider's staff and subcontractors, if any, assigned to perform the
Services. Service Provider shall notify City of any changes in Service Provider's staff and sub-
contractors, if any, assigued to perform the Services prior to and during any such perfmmance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving
thirty (30) days written notice of termination to Service Provider. In the event such notice is
given, Service Provider shall cease immediately all work in progress.
(b) Service Provider may terminate this Agreement for cause at any time upon thirty
(30) days written notice of termination to City.
(c) If either Service Provider or City fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Service Provider, or City may
terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Service Provider or City, all
property belonging exclusively to City which is in Service Provider's possession shall be
returned to City. Service Provider shall furnish to City a tina! invoice for work performed and
expenses incurred by Service Provider, prepared as set forth in Section 4 "Compensation and
Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the
same marmer as set forth in Section 4 "Compensation and Method of Payment" of this
Agreement.
SECTION21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City
shall not have any obligation or duty to continue compensating Service Provider for any work
performed after the date of default. Instead, the City may give notice to Service Provider of the
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SECTION25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Service Provider represents
and warrants that he/she/they has/have the authority to so execute this Agreement and to bind
Service Provider to the perfom1m1ce of its obligations hereunder.
SECTION26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her
designated representative. The City Manager shall have the authority to issue interpretations and
to make mnendments to this Agreement, including amendments that commit additional funds,
consistent with Section 28 "Amendment" and the City Manager's contracting authority under the
Temple City Municipal Code.
SECTION27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the Parties.
SECTION28. AMENDMENT.
No mnendment to or modification of this Agreement shall be valid 1mless made in writing
and approved by the Service Provider and by the City. The City Manager shall have the authority
to approve any amendment to this Agreement if the total compensation under this Agreement, as
mnended, would not exceed the City Manager's contracting authority under the Temple City
Municipal Code. All other amendments shall be approved by the City Council. The Parties agree
that the requirement for written modifications cmmot be waived and that any attempted waiver
shall be void.
SECTION29. WAIVER.
Waiver by any Pmty 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 nor a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Service Provider shall not constitute
a waiver of any of the provisions of this Agreement.
SECTION30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the Parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
SECTION31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to
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an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete,
final and exclusive expression of the Parties with respect to the matters addressed therein and
supersedes all other agreements or understandings, whether oral or written, or entered into
between Service Provider and City prior to the execution of this Agreement. No statements,
representations or other agreements, whether oral or written, made by any Party which are not
embodied herein shall be valid and binding.
SECTION33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any
court of competent jurisdiction to be invalid, void or tmenforceable, the remaining provisions of
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
SECTION34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms
of any Exhibit hereto, or with the terms of any document incorporated by reference into this
Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
PeggyKuo
City Clerk
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CITY OF TEMPLE CITY
Donald E. Penman
Interim City Manager
APPROVED AS TO FORM
Eric S. Vail
City Attorney
By: ________________________ _ By: ________________________ :
lts:
NOTE:
Its:
SERVICE PROVIDER'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 SERVICE
PROVIDER'S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On 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.
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
D INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
PARTNER(S) D LIMITED
D GENERAL
D
D
D
D
D
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER" _____________________ ~
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
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DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On , --before me, , personally appeared __________ ,
D personally known to me-OR-D 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
WITNESS my hand and official seaL
(SIGNATURE OF NOTARY)
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
D INDIVIDUAL
D CORPORATE OFFICER
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTlTY(lES))
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DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
6876 vl
See Attached Proposal
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EXHIBIT "A"
SCOPE OF SERVICES
A-1
See Attached Proposal
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EXHIBIT "B"
COMPENSATION
B-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Service Provider shall provide and maintain insurance,
acceptable to the City, in full force and effect throughout the term of this Agreement, against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the Services by Service Provider, its agents, representatives or employees.
Insurance is to be placed with insurers with a cunent A.M. Best's rating of no less than A: VII.
Service Provider shall provide the following scope and limits of insurance:
1. Minimum Scope ofinsurance. Coverage shall be at least as broad as:
(I) Commercial General Liability. Insurance Services Office form
Commercial General Liability coverage (Occunence Form CG 0001).
(2) Automobile. Insurance Services Office form number CA 0001
(Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA
0025, or equivalent forms subject to the written approval of the City.
(3) Workers' Compensation. Workers' Compensation insurance as
required by the Labor Code of State of California covering all persons providing Services on
behalf of the Service Provider and all risks to such persons under this Agreement.
(4) Professional Liability. Professional liability insurance appropriate
to the Service Provider's profession. This coverage may be written on a "claims made" basis,
and must include coverage for contractual liability. The professional liability insurance required
by this Agreement must be endorsed to be applicable to claims based upon, arising out of or
related to Services performed under this Agreement. The insurance must be maintained for at
least three (3) consecutive years following the completion of Service Provider's services or the
termination of this Agreement. During this additional three (3) year period, Service Provider
shall annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Service Provider shall maintain limits of
insurance no less than:
(1) Commercial General Liability. $1,000,000 general aggregate for
bodily injury, personal injury and property damage.
(2) Automobile. $1,000,000 per accident for bodily injury and
property damage. A combined single limit policy with aggregate limits in an amount of not less
than $2,000,000 shall be considered equivalent to the said required minimum limits set forth
above.
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(3) Workers' Compensation. Workers' Compensation as required by
the Labor Code of the State of California of not less than $1,000,000 per occurrence.
(4) Professional Liability. $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the
following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice
by certified mail, return receipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages.
(1) City, and its respective elected and appointed officers, officials,
and employees and volunteers are to be covered as additional insureds as respects: liability
arising out of activities Service Provider performs; products and completed operations of Service
Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased,
hired or borrowed by Service Provider. The coverage shall contain no special limitations on the
scope of protection afforded to City, and their respective elected and appointed officers, officials,
or employees.
(2) Service Provider's insurance coverage shall be primary insurance
with respect to City, and its respective elected and appointed, its officers, officials, employees
and volunteers. Any insurance or self-insurance maintained by City, and its respective elected
and appointed officers, officials, employees or volunteers, shall apply in excess of, and not
contribute with, Service Provider's insurance.
(3) Service Provider's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
( 4) Any failure to comply with the reporting or other provisions of the
insurance policies, including breaches of warranties, shall not affect coverage provided to City,
and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager otherwise
agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its
respective elected and appointed officers, oflicials, employees and agents for losses arising from
work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the
effective date of this Agreement, certificates of insurance necessary to satisfy City that the
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insurance provisions of this contract have been complied with. The City may require that Service
Provider furnish City with copies of original endorsements effecting coverage required by this
Exhibit "C". The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each
subcontractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or appointed
officers, officials, employees and volunteers or the Service Provider shall procure a bond
guaranteeing payment of losses and related investigations, claim administration, defense
expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be
construed to limit Service Provider's liability hereunder nor to fulfill the indenmification
provisions and requirements of this Agreement.
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TABLE OF CONTENTS
SECTION PAGE
A. INTRODUCTION 1
B. SCOPE OF WORK 1
C. REQUIRED FORMAT FOR SOQ SUBMITTAl 2
D. QUESTIONS AND RESPONSES 3
E. SOQ SUBMITTAL PROTOCOl 3
F. CONSULTANT SElECTION PROCEDURE 4
G. SELECTION SCHEDULE 4
H. GENERAl CONDITIONS 4
I. ATTACHMENT 1-CITY STANDARD CONTRACT 7
RFP, Tab!e of Contents, Page i
e . '
CITY OF TEMPLE CITY
REQUEST FOR PROPOSAL (RFP)
FOR
HOUSING REHABILITATION PROGRAM
CONSULTANT SERVICES
MAY 15,2014
A. INTRODUCTION
City of Temple City (City) issued this Request for Proposal (RFP) for t he Housing Rehabilitation
Program Consultant services.
This document outlines the requirements, selection process and documentation necessary to
submit qualifications in response to City's solicitation.
Th is RFP can be downloaded from the City's website under the RFPs/RFQs section
(www.templecity.us/RFPs%20RFQs/RFQs.asp ).
B. SCOPE OF WORK
The Scope of Work includes the following:
Administration of City's Housing Rehabilitation Program
The consultant shall be responsible for the administration of the City's Housing Rehabilitation
Loan Program (Program) and the Asbestos and Lead-Based Paint Testing and Abatement Grant
Program, both funded by Community Development Block Grant (CDBG) funds. The City's CDBG
funds are administered by the Los Angeles County Community Development Commission
(LACDC). The approved funding amounts for Fiscal Year (FY) 2014-2015 is $200,000 for the
Housing Rehabilitation Loan Program and $45,000 for t he Asbestos and Lead-Based Paint
Testing and Abatement Grant Program. Th e City's annual allocation for FY 2014-2015 is
approximately $179,000. With on-going CDBG funding reductions, it is anticipated that future
funding levels for the Housing Rehabilitation Loan Program will be approximately $100,000.
RFP, Page 1
The ideal consultant shall be familiar with single-family residential construction improvements,
preparing detailed work write-ups, preparing residential construction contracts and
agreements, and preparing deed of trusts. The ideal consultant shall also be familiar with the
LACDC's online system (i.e., housing rehabilitation panel, property identification form, quarterly
performance reports, funding requests).
The consultant shall ensure that the Program complies with requirements of the source(s) of
the funds being used and any other legal requirements that may apply, such as truth-in-lending
and fair housing. The consultant shall maintain the utmost accuracy in documentation and filing
system that meets or exceeds the requirements of the funding source. The consultant shall
manage program workflow to ensure the timely expenditure of funds. The consultant shall
participate in any program reviews or audits.
Additional Services
The consultant may be requested to provide contract administration, project management,
and/or labor compliance for public works construction projects.
Supplemental Funding Sources
The consultant may be requested to assist in identifying and applying for additional funding
sources, such as grant funds to expand related housing services and/or create new housing
programs or services.
Term of Contract
The term of the contract will be from July 1, 2014 through June 30, 2015. The City has included
an option to extend the contract up to four (4) years, in one-year increments, based on the
consultant's performance and availability of funds.
C. REQUIRED FORMAT FOR SOQ SUBMITTAL
Proposals shall be submitted in the format specified below:
• Cover letter
Cover letter shall not exceed 3 pages. The cover letter shall provide an executive
summary of the proposal.
• Table of Contents
RFP, Page 2
Table of Contents shall list each section as required below with page numbers.
Section 1. Company Qualifications
~ ~
This section shall not exceed 4 pages. Provide your firm's general qualifications,
location of the office from which services will be provided, licenses and certifications
possessed by staff members and the firm, type of entity (corporation, etc.).
Section 2. Relevant Experience
Provide your relevant experience. Describe work experience relevant to the services
requested.
Section 3. References
Provide minimum 3 references.
Section 4. Project Staff Qualifications
Provide resume and relevant information regarding staff that will provide the services to
the City.
Section 5. Approach and Schedule
Provide your service approach and estimated timeframe for completing a home
improvement loan project.
Section 6. Fee
Provide your proposed fee, including hours, hourly rates for various tasks, and any direct
expenses that will be charged to the City.
D. QUESTIONS AND RESPONSES
For questions regarding this project, please contact via e-mail only:
Geoffrey Starns, AICP, Planning Manager
gstarns@templecity.us
Responses will be posted 10 days prior to the proposal submittal deadline on City's website
under the RFPs/RFPs section (www.templecity.us/RFPs%20RFQs/RFQs.asp)
RFP, Page 3
E. SOQ SUBMITTAL PROTOCOL
Statement of Qualifications (SOQ) in response to this RFP are due by June 4, 2014, 5 PM.
Submit 5 copies and 1 electronic file in pdf format to:
Attention: Geoffrey Starns, AICP, Planning Manager
City ofTemple City
9701 Las Tunas Drive
Temple City, CA 91780
F. CONSULTANT SELECTION PROCEDURE
The City will evaluate the proposals submitted, and select the most qualified consultant for the
services. The proposals will be evaluated based upon several factors. These factors include the
format, organization, and presentation of the proposal, the qualification and experience of the
project staff, and the experience with the processes and procedures of the LACDC. In
evaluating the proposals, the City will consider the following factors:
• Completeness of the Proposals and compliance with the required format.
• Experience and qualifications of the firm and the project team members.
• Approach and understanding to provider services in an efficient and cost effective
manner and in compliance with applicable standards and requirements.
• Specific project experience.
• References and performance records on similar assignments.
G. SELECTION SCHEDULE
The City intends to follow, but will not be bound by, the following selection timeline:
Issuance of RFP May 15, 2014
Questions re RFP by proposers due to City by May 22, 2014, 5 pm
Responses to Questions will be posted at City's website by May 23, 2014
RFP, Page 4
Proposals shall be submitted to City by June 4, 2014, 5 pm
Consultant Selection June 6, 2014
H. GENERAL CONDITIONS
1. The City of Temple City shall not be liable for any pre-contractual expenses incurred by any
proposing firm (proponent) in response to this RFP, nor shall any proponent include such
expenses as part of the proposed cost. Pre-contractual expenses include any expense
incurred in preparing a proposal and negotiating any terms with the City.
2. The City reserves the right to withdraw this RFP at any time without prior notice and to
reject any and all proposals submitted without indicating any reasons. Any award of
contract for services will be made to the proponent that is best qualified and responsive in
the opinion of the City.
3. Proposals may, at the City's option, be rejected if they contain any alterations, additions,
conditions or alternatives, are incomplete, or contain erasures or irregularities of any kind.
The City reserves the right to reject any and all proposals. The City expressly reserves the
right to postpone the opening of submittals for its own convenience and to reject any and
all submittals responding to this Request for Proposals.
4. Consultant must agree to indemnify, hold harmless and defend the City, its officers, agents
and assigns from any and all liability or loss resulting from any suits, claims or actions
brought against the City which result directly or indirectly from the wrongful or negligent
actions ofthe Consultant in the performance ofthe contract.
5. Consultant, at its own cost and expense, shall procure and maintain general liability insurance
in an amount not less than one million dollars ($1,000,000) per occurrence and two million
dollars ($2,000,000) annual aggregate; and automobile liability insurance in an amount not
less than $1,000,000 per accident. (A combined single limit policy with aggregate limits in an
amount not less than $2,000,000 will be considered equivalent to the required minimum
limits for each of the foregoing.) Where Consultant is required to carry professional liability
insurance covering liability arising from any error, omission or negligent act of Consultant, its
officers, or employees, Consultant shall procure and maintain such coverage with a limit of
liability of not less than one million dollars ($1,000,000) per occurrence. All such insurance
coverages shall be procured from an insurer authorized to do business in California and
approved in writing by the City. The City shall be named as an additional insured. In addition,
the Consultant and sub-contractors, if any, shall obtain workers' compensation insurance
covering all its employees as required by law. Throughout the term of the contract, the
Consultant shall deliver to the City satisfactory evidence that the insurance has been renewed
and that the required premiums have been paid.
RFP, Page 5
6. Consultant will be required to comply with all existing state and federal labor laws including
those applicable to equal opportunity employment provisions.
7. Consultant is required to have in full force and affect all licenses and permits required by all
applicable laws. Consultant shall obtain a Temple City Business License during the term of
the contract.
8. Consultant shall at all times provide services with the utmost respect to the public. All
employees of consultant shall wear clean clothing in the performance of their duties and
equipment, if any, shall be cleaned and maintained in a safe operating manner. All
equipment shall be subject to inspection by the City at any time. All consultant personnel
shall wear appropriate safety gear at all times while working in Temple City. Consultant shall
provide satisfactory warning devices that meet the requirements of the California
Occupational Safety and Health Act (Cal-OSHA) for protection of workers when and where
required at all times in the performance ofthis contract.
9. Consultant, its agents, and employees shall comply with all laws, ordinances, rules and
regulations of the federal and state governments, the County of Los Angeles, the City of
Temple City and all governing bodies having jurisdiction applying to work done under the
agreement.
10. The City reserves the right to negotiate special requirements and proposed service levels
using the selected proposal as a basis. Compensation for services will be negotiated with
the Consultant.
11. Consultant shall not sublet any portion of the agreement with the City without express
written permission of the City Manager or his or designated representative.
12. No discrimination shall be made in the employment of persons because of the race, color,
or religion of such persons and every proposer in violation of this section is subject to all
penalties imposed for a violation of Chapter 1 of Part VII, Division 2 of the Labor Code, in
accordance with the provisions of Section 1753 thereof.
13. The City reserves the right to review and approve the qualifications of subcontracting firms
or persons. Substitutions that are not approved are considered sufficient grounds for
termination of contract.
14. The City, or any of its duly authorized representatives, shall have access to and the right to
examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, time and
work records, employment records or other records relating to personnel employed by the
Consultant. Such material, including all pertinent cost accounting, financial records and
proprietary data, will be kept and maintained by the Consultant for a period of at least four
years after completion of a Consultant's performance unless the City's written permission is
given to dispose of same prior to that time.
RFP, Page 6
15. All responses to this RFP shall become the property of the City of Temple City and will be
retained or disposed of accordingly.
16. No amendments, additions, or alternates shall be accepted after the submission deadline.
17. All documents, records, designs, and specifications developed by the Consultant in the
course of providing services to the City of Temple City shall be the property of the City.
Anything considered to be proprietary should be so designated by the Consultant.
18. Acceptance by the City of any qualification submitted pursuant to this RFP shall not
constitute any implied intent to enter into a contract for services.
19. The City reserves the right to issue written notice to all interested parties of any change in
the qualification submission schedule should the City determine, in its sole discretion, that
such changes are necessary.
I. ATTACHMENT 1-CITY STANDARD CONTRACT
Attachment 1 contains a copy of the anticipated contract the selected consultant will be
required to sign for this project.
RFP, Page 7
CONSULTANT SERVICES AGREEMENT
R!V #4822-7830-4520 vI
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
-1-
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
This Agreement for Consultant Services ("Agreement") is entered into as of this __ day
of , 2014 by and between the City of TEMPLE CITY, a municipal corporation
("City") and , a ("Consultant"). City and
Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter
collectively referred to as the "Parties."
RECITALS
A. City has sought, by request for qualifications, the performance of the planning
services as defined and described particularly in Section 2 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Section 2 of this Agreement, was selected by the
City to perform those services.
C. Consultant was selected by the City on the basis of Consultant's demonstrated
competence and the professional qualifications necessary for the satisfactory performance of the
services required.
D. Pmsuant to the City of Temple City's Municipal Code, City has authority to enter
into this Consultant Services Agreement and the City Manager has authority to execute this
Agreement.
E. The Parties desire to formalize the selection of Consultant for perfmmance of
those services defined and described particularly in Section 2 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 here and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Te1mination of Agreement" of this Agreement,
the Term of this Agreement is for one (1) year commencing on the date first ascribed above,
ending on June 30, 2015. The City reserves the right to extend the Consultant Services
Agreement for another four (4) additional years, in one-year increments, based on the
Consultant's performance and availability of funds.
RIV #4822-7830-4520 vl - I -
SECTION2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services,"
which is incorporated herein by this reference, in accordance with the terms and conditions of
this Agreement.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any services rendered in cmmection with its
performance of this Agreement which are in addition to or outside of those set forth in this
Agreement or listed in Exhibit "A" "Scope of Services," unless such additional services are
authorized in advance and in writing by the City Council or City Manager of City. Consultant
shall be compensated for any such additional services in the amounts and in the mmmer agreed to
by the City Council or City Manager.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in Exhibit "B" "Compensation," which is incorporated herein
by this reference. The total compensation, including reimbursement for actual expenses, shall
not exceed dollars ($ , unless additional
compensation is approved in writing by the City Council or City Manager.
(b) Each month Consultant shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and
sub-consultant contracts. Sub-consultant charges shall be detailed by the following categories:
labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a)
and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials
being paid as a lump sum), the labor category in each invoice shall include detailed descriptions
of task performed and the amount of time incurred for or allocated to that task. City shall
independently review each invoice submitted by the Consultant to determine whether the work
performed and expenses incuued are in compliance with the provisions of this Agreement. Any
reimbursed expenses must be pre-authorized and shall be based upon the approved rates of the
Los Angeles County Auditor-Controller. In the event that no charges or expenses are disputed,
the invoice shall be approved and paid according to the terms set forth in subsection (c). In the
event any charges or expenses m·e disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incuued by Consultant
which are disputed by City, 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.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Consultant.
RIV #4822-7830-4520 vl -2 -
SECTIONS. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. City shall reject or finally accept Consultant's
work within sixty (60) days after submitted to City. City shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall
not constitute a waiver of any of the provisions of this Agreement including, but not limited to,
sections 16 and 17, pertaining to indemnification and insurance, respectively.
SECTION6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files and other documents prepared, developed or discovered by Consultant
in the course of providing any services pursuant to this Agreement shall become the sole property
of City and may be used, reused or otherwise disposed of by City without the permission of the
Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall tmn
over to City all such original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warrants related
to Standard of Performance and found in Section 9 of this Agreement shall not extend to such
use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents.
SECTION7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services pursuant to this Agreement. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other
documents or records evidencing or relating to work, services, expenditures and disbursements
charged to City pursuant to this Agreement. Any and all such documents or records shall be
maintained in accordance with generally accepted accounting principles and shall be sufficiently
complete and detailed so as to permit an accmate evaluation of the services provided by
Consultant pursuant to this Agreement. Any and all such documents or records shall be
maintained for three years from final payments are issued and other pending matters are closed
and to the extent required by laws relating to audits of public agencies and their expenditmes (24
CFR Part 84, Sect. 84.42).
(b) Any and all records or documents required to be maintained pmsuant to this
section shall be made available for inspection, audit and copying, at any time dming regular
business hours, upon request by City or its designated representative. Copies of such documents
RlV #4822-7830-4520 vI - 3 -
or records shall be provided directly to the City for inspection, audit and copying when it is
practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Consultant's address indicated for receipt of notices in this
Agreement
(c) Where City has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or termination
of Consultant's business, City may, by written request, require that custody of such docmnents or
records be given to the City and that such documents and records be maintained by the requesting
party. Access to such docmnents and records shall be granted to City, as well as to its
successors-in-interest and authorized representatives.
SECTIONS. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of City. Consultant shall have no authority to bind City in any
manner, nor to incm 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 confened in writing by City.
(b) The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City,
nor any elected or appointed boards, officers, officials, employees or agents of City, shall have
control over the conduct of Consultant or any of Consultant's officers, employees, or agents
except as set forth in this Agreement. 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.
(c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall
obtain any benefit rights for federal, social secmity, state workers' compensation, unemployment
insurance, professional insmance, medical/dental, fringe or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
SECTION9. STANDARD OF PERFORMANCE.
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. Consultant shall at all times faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein. In meeting its
obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement. In addition to the general standards of
perfonnance set forth this Section 9, additional specific standards of performance and
performance criteria are set forth in the Scope of Work that shall also be applicable to
Consultants work under this Contract. Where there is a conflict between a general and a specific
standard of perforn1ance or performance criteria, the specific standard or criteria shall prevail
over the general.
RIV #4822-7830-4520 vi -4 -
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and wananties
related to Standard of Perfonnance shall not extend to such use of the maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 10, COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this
Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to
perform the services set forth in this Agreement. Neither City, nor any elected or appointed
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Consultant that California prevailing wage laws do not
apply to this Agreement because the Agreement does not involve any of the following services
subject to prevailing wage rates pursuant to the California Labor Code or regulations
promulgated thereunder: Construction, alteration, demolition, installation, or repair work
performed on public buildings, facilities, streets or sewers done under contract and paid for in
whole or in part out of public funds. In this context, "construction" includes work performed
during the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
(a) Executive Order 11246 requires that during the performance of this Agreement,
the Consultant agrees not to discriminate against any employee or applicant for employment
because of race, religion, sec, color, or national origin. The Consultant will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment
without regard to their 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 of or training, including apprenticeship. The Consultant agrees to post in conspicuous
places, available to employees and applicant for employment, notices to be provided by the
Consultant setting forth the provisions of this nondiscrimination clause.
(b) Title VI of the Civil Rights Act of 1964 provides that no person shall, on the
grounds of race, color, or national origin, be excluded from participation in, be denied by benefits
of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance.
RIV #4822~ 7830-4520 v 1 -5 -
(c) Section 109, Title I of the Housing and Community Development Act of 1974,
provides that no person shall, on the grounds of race, color, or 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.
(d) Prohibition against discrimination on the basis of age tmder the Age
Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as
provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program
or activity.
SECTION B. 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.A. §§ 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 the 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.
SECTION14. CONFLICTS OF INTEREST.
(a) 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 marmer 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 City Manager. 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.
(b) City understands and acknowledges that Consultant is, as of the date of execution
of this Agreement, independently involved in the performance of non-related services for other
governmental agencies and private parties. Consultant is unaware of any stated position of City
relative to such projects. Any future position of City on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant will, perform non-related
services for other governmental agencies and private parties following the completion of the
scope of work under this Agreement. Any such future service shall not be considered a conflict
of interest for purposes of this section.
(d) Consultant agrees that any conflict or potential conflict of interest shall be fully
disclosed prior to execution of Agreement and Consultant shall comply with all applicable
federal, state and county laws and regulations governing conflict of interest, in accordance with
24 CFR Part 84, Sect. 84.42.
RTV ft4822-7830-4520 v 1 -6 -
(e) Contractor may not conduct any activity, including any payment to any person,
officer, or employee of any agency or member of Congress in cmmection with the awarding of
any federal contract, grant, or loan, intended to influence legislation, administrative rule-making
or the election of candidates for public office during time compensated for under representation
that such activity is being performed as a part of the contract responsibility.
(f) It is understood that each person/entity/firm who applies for a Agreement utilizing
Community Development Block Grant funds (by way of the Los Angeles County Community
Development Commission), 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; that all persons/entity/firms acting on behalf of the Consultant have
and will comply with the County Code, and; that any person/entity/firm who seeks a Agreement
with the Los Angeles County Community Development Commission shall be disqualified there
from and denied the Agreement and, shall be liable in civil action, if any lobbyist, lobbying firm,
lobbyist employer or any other person or entity action on behalf of the Consultant fails to comply
with the provision of the County Code.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All infmmation gained or work product produced by Consultant in perfmmance 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
City Manager, except as may be required by law.
(b) Consultant, its of1icers, employees, agents or subcontractors, shall not, without
prior written authorization from the City Manager or unless requested by the City Attorney of
City, voluntarily provide 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 fi·om Consultant for any damages, costs and fees,
including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notifY City should Consultant , its of1icers, 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 fi·om any party regarding this Agreement and the work perfmmed thereunder.
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.
RIV #4822-7830-4520 vl -7-
SECTION 16. SECTION 3 REQUIREMENTS.
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 et. Seq., requires that to the greatest extent feasible, opportunities for training and
employment be given to lower-income residents of the project area and contracts for work in
connection with the project be awarded to business concerns, which are located in, or owned in
substantial part, by persons residing the area of the project.
SECTION 17. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section
2782.8, Consultant shall indemnifY, protect, defend and hold hannless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all claims.
actions and proceedings (whether at law or equity, administrative or judicial), demands, orders,
judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs,
(collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub-
consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the
perfmmance of professional services under this Agreement, with the understanding that in the
event Claims are found by the trier of fact to have been caused by the joint or concurrent
negligence of the City and its contractors and consultants, and Consultant, damages and expenses
from both indemnity and duty to defend obligations shall be borne by each party in proportion to
its negligence.
(b) Indemnification from Sub-Consultants. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section from each
and every sub-consultant I contract or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as
additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from
others as required here, Consultant agrees to be fully responsible according to the terms of this
section. Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to
indemnifY and defend City as set forth herein is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this Agreement or this section.
(c) City's Sole Negligence. The provisions of this Section 16 do not apply to Claims
occurring as a result of City's sole negligence. The provisions of this section shall not release
City from liability arising from gross negligence or willful acts or omissions of City or any and
all of its officials, employees and agents.
SECTION 18. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit "C" "Insurance," which is incorporated
herein by this reference. All insurance policies shall be subject to approval by City as to form
and content. These requirements are subject to amendment or waiver if so approved in writing
by the City Manager. Consultant agrees to provide City with copies of required policies upon
request.
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SECTION19. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this
Agreement. City has an interest in the qualifications of and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In
recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion
of this Agreement or the performance of any of Consultant's duties or obligations under this
Agreement without the prior written consent of the City Council. Any attempted assignment
shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling City to any and all remedies at law or in equity, including summary termination of this
Agreement. City acknowledges, however, that Consultant, in the performance of its duties
pursuant to this Agreement, may utilize subcontractors.
SECTION20. CONTINUITY OF PERSONNEL.
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.
SECTION21. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving
thirty (30) days written notice of termination to Consultant, and shall be delivered by certified
mail or in person (24 CFR Part 84, Sec. 84.60). In the event such notice is given, Consultant
shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30)
days written notice of termination to City, and shall be delivered by certified mail or in person
(24 CFR Part 84, Sec. 84.60).
(c) If either Consultant or City fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may tenninate this
Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property
belonging exclusively to City which is in Consultant's possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incuned by
Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be
reviewed and paid in the same matmer as set forth in Section 4 of this Agreement.
SECTION22. 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 timefi·ame in which Consultant may cure the
RIV #4822-7830-4520 vl - 9 -
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 during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under Section 20. 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.
SECTION23. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused
by delay in performance or failure to perform due to causes beyond the control of Consultant.
Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal,
state or local gover11111ents, acts of City, court orders, fires, floods, epidemics, strikes, embargoes,
and unusually severe weather. The te1m and price of this Agreement shall be equitably adjusted
for any delays due to such causes.
SECTION24. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to
City as public records, and which are necessary for carrying out the work as outlined in the
Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to
facilitate, without undue delay, the work to be perfonned under this Agreement.
SECTION25. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To City:
To Consultant:
City of Temple City
Attn: City Manager
970 I Las Tunas Dr.
Temple City, CA 91780
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States
Postal Service.
SECTION26. AUTHORITY TO EXECUTE.
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The person or persons executing this Agreement on hehalf of Consultant represents and
warrants that he/she/they has/have the authority to so execute this Agreement and to bind
Consultant to the performance of its obligations hereunder.
SECTION27. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or his or her
designated representative, following approval of this Agreement by the City Cow1cil. The City
Manager shall have the authority to issue interpretations and to make minor amendments to this
Agreement on behalf of the City so long as such actions do not materially change the Agreement
or make a commitment of additional funds of the City. All other changes, modifications, and
amendments shall require the prior approval of the City Council.
SECTION28. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION29. MODIFICATION OF 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 wr·itten modifications cannot be waived and that any attempted waiver shall be void.
SECTION30. 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 nor 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
SECTION31. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and govemed according to the laws of the
State of California. In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
SECTION 32. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION 33. ENTIRE AGREEMENT.
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This Agreement, including the attached Exhibits "A" through "C", is the entire, complete,
final and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other Agreements or understandings, whether oral or written, or entered into
between Consultant and City prior to the execution of this Agreement. No statements,
representations or other Agreements, whether oral or written, made by any party which are not
embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and
binding unless in writing duly executed by the parties or their authorized representatives.
SECTION34. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
ATTEST:
PeggyKuo
City Clerk
APPROVED AS TO FORM
By:
~~~~------------------Eric S. Vail
City Attorney
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CITY OF TEMPLE CITY
By: ----------------------Don Penman
Interim City Manager
-12-
By: ________________________ __ By: ________________________ _
Its: ______________________ __ Its: ----------------------
NOTE: 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 DEVELOPER'S
BUSINESS ENTITY.
RIV #4822-7830-4520 vl -13 -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On 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 instnunent.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and conect.
WITNESS my hand and official seal.
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 fonn
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
D
D
TITLE(S)
PARTNER(S) D
D
LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER~---------------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
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DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On ___ _ before me, ------~' personally appeared-~-----~
D personally known to me-OR-D 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.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
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
0 INDIVIDUAL
0 CORPORATE OFFICER
D
D D
D
D
TITLE(S)
PARTNER(S) D
D
LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER, ___________ __
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
RlV #4822-7830-4520 vl
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
6876 vl
EXHIBIT "A"
SCOPE OF SERVICES
l. Consultant will perform the following Services:
A. Process home improvement loans in accordance to the Los Angeles County
Community Development Commission (LA CDC) and Housing and Urban
Development (HUD) guidelines.
B. Process necessary asbestos and lead-based paint testing and abatement grants in
accordance with the LA CDC and HUD guidelines.
C. Indentify and research additional funding sources, such as grant funds, to expand
related housing services and/or to create new programs or services related to home
improvements and/or other CDBG eligible activities.
D. Prepare necessary City Council staff reports for annual CDBG programs/projects,
establislnnent of new CDBG programs/projects, and/or amendments to existing
CDBG programs/projects.
E. Prepare quarterly performance reports, funding requests, and/or submit housing
rehabilitation project information through the LACDC online system.
F. If needed, provide contract administration, project management and/or labor
compliance for public works construction projects.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Expend $200,000 (final allocation may vary) of the City's CDBG funds on $35,000
home improvement loans to single-family properties.
B. Expend $36,000 (final allocation may vary) of the City's CDBG funds on grants for
asbestos and lead-based paint testing and abatement for home improvement loan
projects.
C. If needed, provide contract administration, project management and/or labor
compliance for public works construction projects.
D.
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A-1
6876 vl
HI. During performance of the Services, Consultant will keep the City appraised of the
status of performance by delivering the following status reports:
A. Provide City staff with monthly status repmi of the Home Improvement Loan
Program, relating to processing paper work, project bid notification, contract
execution, contract execution, asbestos and/or lead testing/abatement, under
construction, and/or completion.
B. Provide City staff with monthly status repmi of the Asbestos/Lead-Based Paint
Testing and Abatement Program, relating to processing paper work, project bid
notification, contract execution, asbestos and/or lead testing/abatement, under
construction, and/or completion.
C. If needed, provide City staff with monthly status report of CDBG public works
construction projects, relating to processing paper work, project bid notification,
contract execution, under construction, and/or completion.
D.
IV. The tangible work products and status reports will be delivered to the City pursuant to
the following schedule:
A. Process a minimum of five (5) CDBG home improvement loans by June 30, 2015.
B. Process a minimum of five (5) CDBG asbestos and/or lead-based paint testing and/or
abatement grants by June 30,2015.
C.
D.
V. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
D.
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A-2
6876 vl
VI. Consultant will utilize the following subcontractors to accomplish the Services:
A.
B.
C.
D.
VII. AMENDMENT
The Scope of Services, including services, work products, and personnel, are subject to
change by mutual Agreement. In the absence of mutual Agreement regarding the need to change
any aspects of performance, Consultant shall comply with the Scope of Services as indicated
above.
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A-3
EXHIBIT "B"
COMPENSATION
I. Consultant shall use the following rates of pay in the performance of the Services:
Name, Title Hourly Rate
A. --------------------------
B.
C. -------------------------
D.
E.
II. Consultant may utilize subcontractors as indicated in this Agreement. The hourly rate
for any subcontractor is not to exceed $ per hour without written authorization
from the City Manager or his designee.
HI. 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 perfmmed, the number of hours
worked, and the hourly rate.
B. Line items for all supplies properly charged to the Services.
C. Line items for all travel properly charged to the Services.
D. Line items for all equipment properly charged to the Services.
E. Line items for all materials properly charged to the Services.
F. Line items for all subcontractor lagg,r, supplies, equipment, materials, and travel
properly charged to the Services.-~. •·• ..
IV. The total compensation for the Services shall not exceed $ , as provided in
Section 4 of this Agreement, for accomplishments of the Scope of Services described in
RIV #4822-7830-4520 vl
B-1
Exhibit "A". The City will use its best efforts to pay the Consultaut withiu forty-five (45)
days of receipt of Cousultaut's correct aud uudisputed iuvoice.
V. The Cousultant will uot be eligible for auy paid beuefits for federal, social security,
state workers' compeusation, unemployment insurance, professional insurauce,
medical/dental, or fringe beuefits offered by the City of Temple City.
VI. Any reimbursement expenses must be pre-authorized and shall be based upou the
approved rates of the L.A. County Auditor-Coutroller.
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B-2
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance,
acceptable to the City Manager or City Counsel, in full force and effect throughout the term of
this Agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII. Consultant shall provide the following scope and limits of
insurance:
1. Minimum Scope of Insurance. Consultant shall maintain professional
liability insurance appropriate to the Consultant's profession. This coverage may be written on a
"claims made" basis, and must include coverage for contractual liability. The professional
liability insurance required by this Agreement must be endorsed to be applicable to claims based
upon, arising out of or related to services performed under this Agreement. The insurance must
be maintained for at least 3 consecutive years following the completion of Consultant's services
or the termination of this Agreement. During this additional 3-year period, Consultant shall
annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Consultant shall maintain limits of
professional liability insurance no less than $1,000,000 per occurrence.
B. Other Provisions. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice
by Certified mail, return receipt requested, has been given to City.
C. Other Requirements. Consultant agrees to deposit with City, at or before the
effective date of this contract, certificates of insurance necessary to satisfY City that the insurance
provisions of this contract have been complied with. The City Attorney may require that
Consultant furnish City with copies of original endorsements effecting coverage required by this
Section. The ce1tificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.
1. Consultant shall furnish certificates and endorsements from each
subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or appointed
officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, defense expenses and claims.
RIV #4822-7830-4520 vi
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3. The procuring of such required policy or policies of insurance shall not be
construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions
and requirements of this Agreement.
RIV #4822-7830-4520 vl
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~MPLECITY
Firm 's Philosophy
Willdan is committed to satisfying client needs in a timely manner and providing practical and professional
solutions. Willdan places an emphasis on maintaining effective, on-going communication with our clients
during the course of each assignment. Our staff will maintain direct, face-to-face contact with City staff and
the public on a regular basis. At all other times, our staff can be reached by telephone or e-mail, and are
prompt in returning calls or messages. Our staff will respond to all requests for services within 24 hours.
Our staff will also be available to attend progress meetings with representatives from all City departments
involved in the utilization of CDBG funds to track the status of projects and the expenditure of funds, and
identify any necessary corrective actions in a timely fashion. In working with our clients, Willdan is
committed to emphasizing integrity and ethics in our business and professional practice and in maintaining
professional excellence.
th/WILLDAN I City of Temple City
Housing Rehabilitation Program Consultant Services 2
li:MPLE CITY
Relevant Experience
Willdan staff has substantial training and experience in providing a
variety of community development services to governmental
agencies across California. We have administered all aspects of
the Community Development Block Grant (CDBG) and Home
Investment Partnerships (HOME) programs for municipalities, and
are operating CDBG-and HOME-funded residential and/or
commercial rehabilitation programs in a number of cities. Our
community development staff has procured grants and other forms
Willdan staff has substantial
experience in all aspects of
CDBG, HUO, and CDC programs,
of funding from the Federal Department of Housing and Urban Development (HUD) and the State
Department of Housing and Community Development (HCD) for a variety of purposes, including housing
rehabilitation, first-time homebuyer assistance, and public works/community facility projects. Our staff has
also conducted a wide range of housing studies, including inventories and analyses of potential housing
sites, housing condition surveys, housing element updates, and affordable housing strategies.
Due to our long-term involvement in administering housing and community development programs, we
have developed a thorough understanding of the program requirements of the funding agencies involved
and have established sound practices and standard procedures to maintain a high level of accuracy and
productivity. Our community development staff has strong organizational skills and works efficiently to
comply with grant program deadlines. Additionally, our staff applies sound technical and creative
approaches to addressing grant administration issues that arise. We have developed good working
relationships with the respective funding agencies, including HUD, HCD, and the CDC. Our staff regularly
attends workshops and seminars sponsored by these agencies in order to remain current with their
regulations and procedures. Our community development staff is well qualified to provide the services you
are seeking based on their education, career training, and work experience. As this broad experience
indicates, our staff has worked in a wide range of multi-cultural communities and has the experience and
knowledge to successfully implement programs in politically and cultural diverse cities.
Our corporate experience has provided our staff with considerable expertise in CDBG and HOME program
management and in implementing many types of CDBG and HOME funded projects in communities with
different and sometimes unique needs. Our staff is currently providing CDBG, HOME, or other housing
and community development related services to the cities of Rolling Hills Estates and Temple City.
V!/WILLDAN I City of Temple City
Housing Rehab1litat1on Program Consultant Services 3
~-MPLECITY
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W wiLLDAN I City of Temple City 4 Housing Rehabilitation Program Consultant Services
W w tLLDAN I
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City of Temple City 5 Housing Rehabilitation Program Consultant Services
~MPLECITY
Project T earn
Willdan has assembled a highly-qualified project team. As the
following resumes illustrate, our team members collectively possess
considerable experience in successfully administering all aspects of
CDBG-funded projects/programs. Mr. Adolfo Reta J.D. and Ms.
Sandra Medrano both have advanced degrees. The team members
all have a working knowledge of HUD CDBG Program processes,
procedures, and financial requirements. They also communicate
effectively, have outstanding oral and written skills, and work well
under tight deadlines-which facilitates a timely and effective
response to City staff requests. In addition, our staff exhibit a very
The Willdan team assigned to
this project has exemplary
knowledge of the procedures
and processes associated with
implementing CDBG programs!
personable yet professional style in working with City staff. The combination of team members provides
the City with adequate staff coverage to meet both normal daily and any fluctuating program demands.
Our team members are as follows:
Mr. Adolfo Reta J.D., will serve as Project Manager and will be responsible for the general administration
of the City's CDBG Housing Rehabilitation Program. He will direct the activities of the other staff assigned
to the program, as necessary. Mr. Reta is particularly well qualified to serve in this capacity having many
years of experience with four different southern California cities' Community Development departments as
a Director and City Manager with Monterey Park, CA.
Ms. Sandra Medrano will continue to serve as Program Coordinator in administering the City's CDBG
funded Housing Rehabilitation Program. Ms. Medrano has over 15 years of experience in administering
housing rehabilitation programs in various jurisdictions in the southern California area. She has assisted
the City with its program since 2011 and has participated in the rehabilitation of numerous homes since the
beginning of her assignment.
Ms. Jane Freij, Labor Compliance Manager, will monitor construction projects, if needed, for compliance
with Davis-Bacon Act and other applicable federal labor standards, when requested by Mr. Reta.
WwiLLDAN I City of Temple City
Housing Rehabilitation Program Consultant Services 8
~MPLECITY
Education
1982, BA, Linguistics,
University of Kansas
1993, Attorney Assistant
Training Program, Litigation/
Corporations, University of
California, Los Angeles
16 Years' Experience
W'wiLLDAN 1
Jane E. Freij
Labor Compliance Manager
Ms. Jane E. Freij is an experienced Administrative/Project Manager who consistently
achieves profitability through comprehensive and effective management of time and
budget. Key areas of expertise include project needs analyses, scheduling and
budgeting, contract administration/negotiation, legal documentation, policy and procedure
development, and writing and editing. As a Supervising Labor Compliance Manager, Ms.
Freij provides oversight of labor compliance monitoring services for various federally-
funded projects under FHWA, FTA, HUD, and EPA. She is familiar with the FHWA
federal funding administration process from field review and request for authorization to
final invoicing and has specialized training in the reporting requirements and fraud
detection and prevention procedures for projects funded by the American Recovery and
Reinvestment Act of 2009 (ARRA).
Experience prior to joining Willdan includes 4 years with Edison Enterprises, where Ms.
Freij served as Contract Administrator and Senior Contract Administrator. In these
positions, she developed and negotiated contracts for products and services, monitored
and enforced contractual compliance, constructed contractual terms and conditions,
served as risk management liaison, and managed a multi-state licensing project for an
energy services subsidiary. Ms. Freij has a strong legal background, having served as a
paralegal and senior paralegal for litigation attorneys in the areas of real estate, land
development, and contract law. She is experienced in Microsoft Word, Microsoft Excel,
and Lexis-Nexis research software.
Federal and State Labor Compliance
Federal Highway Administration (FHWA) Labor Compliance, Various Cities,
California. Responsible for providing supervisory federal and state labor compliance
services for FHWA funded projects in the following cities:
• Baldwin Park • Paramount
• Calabasas • Pica Rivera
• Coachella • Placentia
• Commerce • Pomona
• Hawaiian Gardens • Rancho Palos Verdes
• Huntington Park • Rolling Hills Estates
• La Canada Flintridge • Rosemead
• La Mirada • South Gate
• La Puente • South Pasadena
• Lakewood • Thousand Oaks
• Maywood • Westlake Village
• Monterey Park
Community Development Block Grant (CDBG) Labor Compliance, Various Cities,
California. Responsible for providing supervisory federal and state labor compliance
services for CDBG-funded projects administered by the U.S. Department of Housing and
Urban Development (HUD) and the Los Angeles County Community Development
Commission (LACDC) in the following cities:
City of Temple City
Housing Rehabilitation Program Consultant Services 11
liiMPLE CITY
Project Approach & Schedule
Project Approach
We understand that the City is seeking continued services of a well-qualified consultant to administer all
aspects of the City's CDBG funded Housing Rehabilitation Program. As such, the consultant selected
would be responsible for the technical implementation of the program, as well as regularly reporting on
program performance and assisting with program marketing. Based on our past experience in
administering th is program for the City, the specific tasks to be performed by our staff are as follows:
../ Conduct preliminary interviews to determine owner's eligibility status and desired improvements for
dwelling unit.
../ Process applications for Housing Rehabilitation Program funding for eligible homeowners .
../ Obtain all required supporting documentation including income verification , value of property,
condition of title, and credit worthiness of applicant, as applicable .
../ Conduct property inspections and prepare work write-ups and, if necessary, cost estimates .
../ Complete all applicable CDBG documents relating to the improvement activities, inclusive of: lead-
based paint requirements, historical preservation review, etc .
../ Prepare specifications and bid documents, and review received bids with the homeowner.
../ Approve selection of contractor, and prepare and execute documents for financial assistance to
homeowner.
Obtain contractor clearances for non-inclusion on the Federal Debarred/Suspended List and
determine that contractor is licensed and bonded through State Contractor's License Board .
../ Conduct pre-construction conference to review all proposed work with the homeowner and
contractor.
Conduct progress inspections to ensure that work is proceeding in a timely manner and to authorize
and disburse progress payments.
Execute and record Notice of Completion upon final inspection certifying that the improvements
have been completed in accordance with contract requirements.
Acquire lien releases from contractors and subcontractors, obtain homeowner's authorization for
final payment, and execute close-out of contractors work by ensuring that permanent file contains
required documentation for CDC monitoring and audit purposes .
../ Prepare monthly progress reports to the City .
../ Provide City with program accomplishment data, needed for Quarterly Performance Reports to
CDC.
Assist City staff with community marketing/outreach efforts for both programs.
W wiLLDAN I City of Temple City
Housing Rehabilitation Program Consultant Services 13
Schedule
The schedule for completing a home improvement loan project can vary, depending on the size of the project
and the number of contractors involved with the project. However, for a typical home rehabilitation project
involving minor alternations the improvements could be completed and the project dosed out within
approximately 3 months. Larger projects which include major roof, plumbing, or electrical improvements,
could be completed within 6 months. It should be noted that we have been highly successful in Temple City
with housing. rehabilitation project schedules due to the selection of the right contractors to complete the
project and our familiarity with their work and tum-around times.
Fee
Willdan is proposing to provide the services identified in the "Project Approach" section of this proposal on
an hourly basis in accordance with the following hourly rates:
Project Team Members Hourly Rate
Principal Community Development Planner $115.00"
Housing Rehabilitation Analyst $90.00
Labor Compliance Manager $125.00
•same as current rate under ex1st1ng contract w1th the City.
These rates, which are fully burdened, shall remain in effect through June 30, 2015 and thereafter may be
adjusted annually based on the Consumer Price Index. The City will not be charged extra for supplies or
other non-personnel costs. The City will not be billed for travel time, but only for the hours worked by our
staff at City Hall or our offices. Our project team will maintain regular contact with City staff. The City will
be billed monthly for services rendered.
The hourly rates provided above shall serve as the Schedule of Costs for services identified in the "Project
Approach/Scope of Services." In no case shall the cost for the requested services, excluding federal labor
standards compliance monitoring, exceed 10% of the total CDBG funds received by the City during any
fiscal year. Federal labor standards compliance monitoring will be performed, as needed, on a project-by-
project basis for a not-to-exceed fee to be determined prior to the commencement of work and charged
against the budgets for the construction projects being monitored rather than the general administration
budget.
W wiLLDAN I City of Temple City
Housing Rehabilitation Program Consultant Services 15