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HomeMy Public PortalAbout2016.209 (10-04-16)RESOLUTION. 2016.209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT BETWEEN THE CITY AND AVANT GARDE TO PROVIDE LABOR COMPLIANCE SERVICES PROGRAM (67.011) WHEREAS, on August 30, 2016, staff released a Request for Proposals (RFP) from qualified firms to provide labor compliance program services for the construction of the City Hall Annex; and WHEREAS, the RFP was advertised and the City Clerk's Office received seven (7) proposals; and WHEREAS, Avant Garde was determined to be qualified; providing competitive pricing and the best value for the services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the City Council approves an award of contract to Avant Garde for the price of $42,000 to provide labor compliance program services for the construction of the City Hall Annex and to allow for an additional contingency amount of $5,000. Section 2. That the City Council authorizes the Mayor to execute the Agreement in a form approved by the City Attorney attached hereto as Exhibit A. Section 3. That the City Council authorizes the City Manager to approve up to 10% of the contract price for additional services. Section 4. That the City Council authorizes for Avant Garde to start work while the agreement is being executed to ensure that contractors and subcontractors are properly trained on labor compliance prior to work being commenced. Section 5. That this Resolution shall take effect immediately upon its adoption. Section 6. The City Clerk shall certify as to the adoption of this City Council Resolution. [THIS SECTION INTENTIONALLY LEFT BLANK] PASSED, APPROVED and ADOPTED this 4t' day of October, 2016. ATTEST: Maria Quinonez, City Clerk APPROVED A§ TO F M: David A. Garcia, City Attorney "1 L- Edwin Hernandez, Mayor J. Arnoldo Beltran, City Manager APPROVED AS TO CONTENT: Raul Godinez II, P. , Director of Public Works /City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4 n of October, 2016 and passed by the following roll call vote: AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE AND MAYOR HERNANDEZ NOES: NONE ABSENT: MAYOR PRO TEM CASTRO ABSTAIN: NONE Taria Quiftnez,! City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2016.209 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4t' day of October, 2016. Maria Quinonez, C CITY OFLYNWOOD, CALIFORNIA PROFESSIONAL SERVICES AGREEMENT This agreement ( "Agreement ") is made as of October 4, 2016 by and between the City of Lynwood, a California municipal corporation ( "City "), and Avant- Garde, a California Corporation ( "Consultant "). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties:" RECITALS WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide Labor Compliance Program Services to City as set forth in the attached Exhibit A, for the construction of the City Hall Annex Center ( "Project "); and, WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise its principals and employees. NOW, THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by the Consultant are as described in Exhibit Al and Exhibit A2. B. Time of Performance. Consultant shall develop a Work Plan jointly with the City and the Project Architect upon receipt of the Notice to Proceed. The Work Plan shall set the Performance Schedule for the construction of the Project, adjusted for actual start dates. 2. Term of Agreement. This Agreement shall be for a term of twelve (12) months, commencing on the issuance of the Notice to Proceed as issued by the Director of Public Works /City" Engineer, (the "Commencement Date ") and terminating twelve (12) months thereafter, (the "Termination Date "), unless sooner terminated pursuant to the provisions of this Agreement. On or before thirty (30) days prior to the Termination Date Consultant and City shall meet to discuss this Agreement and its possible extension and or modification. In the event Parties do not enter into a new agreement prior to the Termination Date, this Agreement shall continue on a month -to -month basis under the same terms for a period not to exceed six (6) months following the Termination Date. The month -to -month extension shall not increase the not -to- exceed amount under Section 3, Compensation and Payment. The City Manager may approve additional fees on a time and materials basis. If the Parties execute no new agreement by the end of the six -month period following the Termination Date, this Agreement shall terminate at the end of such six -month period. Page 1 of 51 1. Compensation and Payments A. Compensation. City agrees to compensate Consultant for services rendered in an amount not to exceed FORTY SEVEN THOUSAND DOLLARS ($47,000). All services and deliverables within the scope of work as defined in the Exhibit Al and Exhibit A2 shall be compensated on the following basis: a. Three Thousand Two Hundred Thirty One Dollars ($3,231) fixed fee per month. b. This Agreement shall not contain any reimbursable. c. The not to exceed amount above includes FIVE THOUSAND DOLLARS ($5,000) in contingency to be used as directed and approved by the City Manager for unforeseen conditions, delay in the work schedule or supplemental work, etc.. B. Payments. The Consultant shall submit to the City for approval monthly applications for payment for basic and additional services, and reimbursable expenses, if any,with reasonable supporting detail. Paymentsfor basicservices s h a I I not exceed Three Thousand Two Hundred Thirty One Dollars ($3,231) per month. Payment shall be made only after submission of proper monthly invoices in the form and manner specified by City. Each invoice shall include a breakdown of all monthly services performed. City shall endeavor to pay invoices bearing correct and authorized charges within thirty (30) days of the date received; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. City shall not be responsible to Consultant for any additional charges, interest or penalties due to a failure to paywithin such period. C. The Consultant shall be compensated for additional services beyond the scope of services specified in Exhibit Al and Exhibit A2, which are requested and approved by the City, based on the hourly rates specified in Exhibit A -3 (Consultant Hourly Rates). The City Manager is authorized to approve up to ten percent (10 %) for additional work. 4. General Terms and Conditions. The General Terms and Conditions set forth Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both Parties intend the provisions of the other exhibit(s) to control. Page 2 of 51 5. Addresses. City City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attn: Director of Public Works/ City Engineer Phone: 310 - 603 -0220 Consultant Avant -Garde 3670 W. Temple Avenue, Suite 278 Pomona, CA 91768 Attn: Ana Maria Lenoue, President Phone: 909 - 979 -6588 6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference. Exhibit A -1 City of Lynwood Request for Proposals To Provide Labor Compliance Program Services for the City Hall Annex Construction Project Exhibit A -2 September 19, 2016 Proposal from Avant -Garde Exhibit A -3 Avant -Garde Price Proposal Exhibit B- General Terms and Conditions (Seven (7) pages). Page 3 of 51 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written b e l o w. CITY OF LYNWOOD, CALIFORNIA ATTEST: BE Edwin Hernandez Date Mayor APPROVED AS TO FO M: By: David A. Garcia, City A torney CONSULTANT AVANT -GARDE as Ana Marie LeNoue President Date Date Date Page 4 of 51 Exhibit A -1 City of Lynwood Request for Proposals To Provide Labor Compliance Program Services for the City Hall Annex Construction Project Page 5 of 51 H� REQUEST FOR PROPOSALS TO PROVIDE LABOR COMPLIANCE PROGRAM SERVICES FOR THE CITY HALL ANNEX CONSTRUCTION PROJECT The City of Lynwood, California is seeking proposals from qualified firms to provide labor compliance program services for the City Hall Annex Construction. Proposals will be accepted until September 19, 2016 at 3:OOpm. Proposals received after the submittal time will be rejected and returned unopened to the sender. Proposals are to be delivered to the following address: Maria Quinonez, City Clerk City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Each proposer shall provide three (3) hard copies of their proposal and one digital copy (in cd or thumb drive) in a sealed envelope titled "RFP for Labor Compliance Program Services ". Proposers shall be responsible for visiting the City's website at www.lvnwood.ca.us, select City Services, click on Bids and RFPs, and open the City Hall Annex -Labor Compliance solicitation notice to receive the latest communications relating to this RFP, bulletins, and or /addenda. You may also open the following link: hftr)://qov.findrfp.com/clov/List.aspx?id=73291. Inquiries regarding this RFP should be directed to: Lorry Hempe, Public Works Special Projects Manager via email at IhernoeQlvnwood.ca.us Approved By Raul Godinez ll, P. . Director of Public Works /City Engineer Issue Date: August 30, 2016 Page 6 of 51 A. INTRODUCTION The City of Lynwood ( "City ") is located in Los Angeles County, California. It is 4.89 square miles with an estimated population of 73,000. The City was incorporated in 1921 and operates as a Council /Manager form of government. The City plans to construct the City Hall Annex building with parking lot in the City of Lynwood ( "Project "). This site, located at the southeast corner of Harriet Tubman Way and Bullis Road, is currently vacant. Most of the site will be covered by the 11,002 SF proposed building. Landscape areas and small parking lot are also included in the construction. City Hall Annex, once constructed, will house a Council Chamber and Administrative offices. The construction of the project has gone out to bid. It is anticipated that the construction contract will be awarded in September 2016. B. PROJECT LOCATION Project site is adjacent to City Hall located at 11330 Bullis Road, Lynwood, CA at the corner of Harriet Tubman Way and Bullis Road. C. SCOPE OF SERVICES The scope of services below is not intended, nor implied, to be all inclusive. Should additional services be required by the City, the Proposer is responsible to remain current and educated on labor compliance and alert the City on revised or obsolete practices to meet state labor compliance laws. Firm shall provide labor compliance reporting, documentation, oversight and enforcement during the duration of construction and provide assistance to close out any pending issues with the State Department of Industrial Relations (DIR) or with the State Labor Commissioner. Specific labor compliance and monitoring services, although not all- inclusive, to be performed include: 1) Schedule and conduct preconstruction meetings with City, contractor and subcontractors to go over labor compliance regulations. 2) Prepare necessary documentation to be distributed at preconstruction meeting (i.e. current wage determination, labor posters, agenda, forms etc.) 3) Determine appropriate wage determinations and trade classifications for the project. 4) Receive, review, and maintain Certified Payroll records and related documents to assure compliance with prevailing wage laws. Page 2 of 21 Page 7 of 51 5) Attempt to identify potential labor compliance claim issues before they arise and investigate probable violations and complaints of underpayment. 6) Verify the registration of apprentices in the craft or trade being performed. 7) Require proof of payment from employer of training fund contributions. 8) Conduct job site inspections and interview workers for labor compliance. 9) Provide bi- monthly reports on the status of each project and recommend retention for delinquent and /or inadequate certified payroll records. 10) Assist City, contractor and subcontractors with the completion of required labor compliance documentation and wage determinations. 1 l) Interact with the DIR and submit Request for Forfeiture and other reports to DIR. 12) File annual reports with the DIR as necessary. D. CONSTRUCTION DOCUMENTS Construction documents are available through the City's website. Click on City Services and select RFPs /Bids or open the following link: http://gov.findrfp.com/gov/List.aspx?id=73291 E. SB 854 In accordance with SB 854, the Contractor and each of its subcontractors shall maintain a valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. F. ADDENDUM AND BULLETINS Proposers shall be responsible for visiting the City's website at www.lynwood.ca.us, select City Services, click on Bids and RFPs, and open the City Hall Annex solicitation notice to receive the latest communications relating to this RFP, bulletins, addenda. You may also open the following link: htto: / /aov.findrfo.com /gov /List.asox ?id= 73291. G. INTREPRETATIONS All questions about the meaning or intent of this RFP shall be in writing e- mailed to Lorry Hempe at lhempe@lynwood.ca.us. Page 3 of 21 Page 8 of 51 Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of Addenda posted on the City's website at http: / /gov.findrfp.com /gov /List.aspx ?id =73291 . Questions received less than five (5) days prior to the date of opening the proposals may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. H. SUBMITTAL OF PROPOSALS The Proposals shall be delivered by the time and to the place stipulated in the RFP. It is the Proposer's sole responsibility to see that its Proposal is received in proper time. Proposals will not be accepted after the appointed time for opening of proposals, no matter what the reason. Proposers are encouraged to submit their contact information, name, email address, and phone number to Ihempe @lynwood.ca.us to receive the latest communications on this RFP. 1. Submittal Each proposer shall provide three (3) hard copies of their proposal and one digital copy (in cd or thumb drive) in a sealed envelope titled "RFP for Labor Compliance Program Services ". 2. Proposal Format and Content The following information is to be submitted as part of the proposal. The proposal is to be organized as follows: a) Statement of Qualifications Proposer's Statement of Qualifications (SOQ) should clearly and accurately demonstrate the specialized knowledge and experience required for the services under consideration. In your SOQ, include the following: • Cover Letter: A signature by a principal or officer having the authority to negotiate and contractually bind and extend the terms of the written proposals is required. The letter shall include the name of the firm, firm address, telephone number, and email address. The letter shall identify the principal contact for the proposal and affirm that the accompanying proposal is valid for a term of 90 days. A statement shall be included "that this RFP shall be incorporated in its entirety as a part of the proposal." Page 4 of 21 Page 9 of 51 • Description of Firm: Provide a brief profile of your firm, principals of the firm, and any key sub - consultants, including type of legal entity (i.e. corporation), date firm established, location of office that will perform the work and basic services provided by the firm. • Project Experience: Provide project profiles for at least three (3) public sector building projects similar to this Project scale and scope. Include the project owner's information. • Qualifications of Personnel- Provide evidence that the firm's personnel and team members have expertise on labor compliance. • References- Provide three (3) references that received similar services from your firm. The City reserves the right to contact any of the organizations or individuals listed. Information provided shall include: • Client name, phone number, e -mail and organization. • Type of service provided b) Price Proposal • Rate Schedule Provide detailed basic fee structure and break -down of any other charges related to your firm's proposal. Finalist's fee structure may be subject to negotiation. • Not to Exceed Price Proposal Provide a "Not to Exceed Price" proposal to provide services for the duration of the construction, file annual report to the State DIR, and to close out any pending issues with the DIR as it relates to the project. Indicate the monthly billing based on the "Not to Exceed Price ". Finalist's "Not to Exceed Price" proposal may be subject to negotiation. c) Additional Statements Page 5 of 21 Page 10 of 51 Proposer shall add the following written statements in their Proposal: • Proposer shall adhere to all federal laws, state, and local laws and regulations. • Proposer shall allow authorized federal, state, county, and the City's official's access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to the Project. All relevant records shall be retained for at least three years. • Proposer will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. • Proposer shall comply with the California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively. • Affirm your firm's ability to execute the City's Professional Services Agreement (Appendix B) for the Project. Identify any conditions or terms of the Agreement with which the firm does not agree, including terms which the firm wishes to negotiate. Provide any proposed substitute language. • Affirm your firm's receipt of all addenda issued on this RFP. Lists all addenda. 1. PROPOSAL DUE DATE Proposals will be accepted until September 19, 2016 at 3:OOpm. Proposals received after the submittal time will be rejected and returned unopened to the sender. Proposals are to be delivered to the following address: Maria Quinonez, City Clerk City Clerk's Office City of Lynwood 11330 Bullis Road Lynwood, CA 90262 J. CRITERIA FOR EVALUATION The City reserve the right to investigate and rely upon information from other available sources in addition to any documents of information submitted by the firm responding to this RFP. The City may interview all, some or none of the Proposers prior to selection. City staff will review the proposals based on the following criteria and provide a recommendation to the Director of Public Works /City Engineer: Page 6 of 21 Page 11 of 51 • Strength of the Statement of Qualifications • References • Price The City reserves the right to request financial information from the firm. Any financial information requested will be held in confidence and used only in evaluating the financial strength of the firm and ability to perform all services requested. City staff may meet with one or more firms and negotiate a final price. The City reserves the right to reject any or all proposals at its sole discretion. The authorization for contract award for this Project will be upon approval of the Lynwood City Council. K. ADDENDA It shall be the responsibility of the firm to check the City's website to determine if any addendum has been posted to the website prior to the proposal opening date. The City's website address is www.lynwood.ca.us Click on "City Services ", and then select "Bids and RFPs ". L. GENERAL INFORMATION City's Reservation of Rights: The City reserves the right to divide the scope of services into multiple parts, to reject any and all proposals and re- solicit for new proposals, waive irregularities or minor errors in a proposal, or reject any and all proposals and temporarily or permanently abandon the project. The City further reserves the right to negotiate different prices, rates and terms than those offered by any firm. City makes no representations, written or oral; that it will enter into any form of agreement with any firm for any project and no such representations is intended or should be constructed by the issuance of this RFP. Acceptance of Evaluation Methodology: By submitting its proposal in response to this RFP, firm accepts the City's quality based criteria and evaluation process, and acknowledges and accepts that determination will require subjective judgments by the City. No Reimbursement for Costs: Firm acknowledges and accepts that any costs incurred from the respondent's participation in this RFP process shall be at the sole risk and responsibility of the respondent. Waiver of Claims: Firm, in submitting a proposal, is deemed to have waived any claims for damages by reason of the selection of another proposal and /or the rejection of its proposal. Exceptions to RFP: Firms are required to clearly delineate in their proposal any exceptions to the requirements in this RFP. Page 7 of 21 Page 12 of 51 Conflicts of Interest /Gifts: Firms shall disclose any financial, business or other relationship with the City or any member of the City staff and shall list all current clients who may have a financial interest in the outcome of the project. Additionally, by submitting a proposal, firm warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the firm, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, wither in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under the contract. The firm further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair completion or constitutes a conflict of interest with respect to a contract with the City. Prior to the award of any contract, the potential firm may be required to certify in writing to the City that no relationship exists between the firm and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City. Ethics in Public Contracting: Each firm, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the firm certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other Respondents in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money services, or anything of more than nominal value. No More than One Proposal: More than one proposal from an individual, firm, partnerships, corporation or association under the same or different names may be rejected. Reasonable grounds for believing that a Respondent has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the Respondent is believed to have interest. Leqal Responsibilities: All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the same or expressly referred to herein or no0t. By submitting a proposals, each Respondent certifies that it will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection another laws and regulations applicable to contracts utilizing Federal funds. Business and Professional Licenses and Permits: Possession of a City Business License is not required to submit a proposal in response this RFP. However, the successful Respondent shall be required to possess, at his /her expense, a valid and current City Business License, prior to commencing work. For additional information, contact the City Business Division at(310)603 -0220. Page 8 of 21 Page 13 of 51 Professional License: The successful Respondent is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California. The Respondent shall further be required to obtain and maintain as his /her own expense, any and all permits, licenses and certifications, used by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this RFP. No Assignment: No assignment by the successful Respondent of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred. M. QUESTIONS REGARDING THIS RFP: All questions pertaining to this RFP must be provided in writing by via email and received no later five (5) days prior to the deadline: Lorry Hempe, Public Works Special Projects Manager Ihempe @lvnwood.ca.us Page 9 of 21 Page 14 of 51 Exhibit A -2 September 19, 2016 Proposal from Avant -Garde Page 15 of 51 A vnNT City of Lynwood Labor Compliance Program Services September 19, 2016 www.agi.Com.co Page 16 of 51 AVANTGomPliance ........ ..... . G � � � � FunGin9 Management ... .............................en t Community Outreach September 19, 2016 City of Lynwood Maria Quinonez, City Clerk 1 1330 Bullis Road Lynwood, CA 90262 Subject: REQUEST FOR PROPOSAL - Labor Compliance Program Services for the City Hall Annex Construction Project It is with great pleasure that AVANT -GARDE submit its proposal to provide Labor Compliance Program Services for the City Hall Annex Construction Project. Avant -Garde has built a strong reputation for providing innovative and successful solutions for a number of public agencies including the City of Lynwood. We have a successful track record with several municipalities, including your City and the Cities of Temple City, Industry, La Mirada, Cudahy, Montebello, La Puente, Pico Rivera, Hawaiian Gardens, Bell Gardens, Pasadena, Maywood, Perris, Moreno Valley and METRO. In total, Avant -Garde has provided labor compliance services on a variety of construction projects valued over $159 Million in the region. Avant -Garde was incorporated in September 2002 and our corporate office from which services will be provided is located at 3670 W. Temple Avenue, Suite 278, Pomona, CA 91768. Avant -Garde is a 100% woman -owned California Corporation. Furthermore, Avant -Garde is a certified minority business enterprise, women business enterprise, disadvantaged business enterprise and small business enterprise. (MBE, WBE, DBE, SBE). Most agencies we serve have a long standing relationship with us and trust our Team to provide these services on upcoming construction projects. We are proud of our accomplishments throughout the Region, as well as Los Angeles and Riverside Counties. We present the Cities of La Mirada, Montebello, Bell Gardens and Los Angeles METRO as our client references for this proposal. Avant -Garde acknowledges that this RFP will be incorporated in its entirety as a part of the proposal. This proposal will be valid for 90 days. Please contact Lissette Calleros, Vice President of AVANT -GARDE at (909) 979 -6587 or email Calleros@aai.com.co if there are any questions or concerns during the proposal evaluation. Thank you very much for the opportunity to provide you with a proposal. We look forward to working with you and your staff. Si erely, n Mare Pe President 3670 W. Temple Avenue, Suite 278, Pomona, CA 91768 tel: 909.979.6588 • fax: 909.979.6580 • www.avont- garde- inc.com Page 17 of 51 n \I n N T_an ` G n ^ E Footling Management ILJI Communu[y Outreach TABLE OF CONTENTS SECTION I. FIRM QUALIFICATIONS ............................................................................................... ..............................I SECTION 2. PROJECT UNDERSTANDING AND WORK PLAN ...................... ..............................4 SECTION 3. LABOR COMPLIANCE EXPERIENCE .......................................................... ..............................6 SECTION 4. PROJECT STAFF QUALIFICATIONS .............................................................. .............................12 SECTION5. REFERENCES ...................................................................................................................... .............................21 SECTION6. PRICE PROPOSAL ....................................................................................................... ......_......................22 SECTION 7. ADDITIONAL STATEMENTS Page 18 of 51 Grants G A K D E Funding Management Cwnmtinity0utieach SECTION 1. FIRM QUALIFICATIONS Avant -Garde has built a strong reputation for providing innovative and successful solutions for a numberof public agencies. We have a successful track record with several municipalities, including the Cities of Pasadena, Industry, Temple City, La Mirada, Pico Rivera, Montebello, La Puente, Alhambra, Hawaiian Gardens, Bell Gardens, Maywood, Perris, Moreno Valley, Bellflower, and METRO. We offer the talents of some of the most skilled compliance managers, grant writers, and fund administrators in the industry, providing clients with innovative and cost - effective solutions on a wide variety of projects. Our years of practice have resulted in a solid foundation of experience and technical expertise and a dedication to integrity, excellence, and quality. We are proud of our strong reputation in meeting aggressive schedules and our ability to multi -task to provide our clients specialized attention and service. Services offered by our firm include: • Grant Writing and Administration • Program Management • Funding Administration • Compliance Management including Labor Compliance • Construction Coordination (Bid development, analysis, etc.) • Community Outreach Avant -Garde was incorporated in September 2002 and our corporate office from which services will be provided is located at 3670 W. Temple Avenue, Suite 278, Pomona, CA 91768. Avant -Garde is a 1007o woman -owned California Corporation. Furthermore, Avant -Garde is a certified minority business enterprise, women business enterprise, disadvantaged business enterprise and small business enterprise. (MBE, WBE, DBE, SBE). The professional staff of Avant - Garde, led by firm principals Ana Marie LeNoue and Lissette Calleros, well understands the many ways that a single project may affect the entire organization as well as its desired growth and development. We use and leverage this information by looking at every angle of a program and /or project to determine the overall impact and how best to provide services that produce optimum results. With our team of experts in program management, grant writing and funding identification and 1 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 19 of 51 administration, Avant -Garde is committed to developing a working relationship that becomes a seamless extension of the City's staff. We have extensive experience in serving both major urban cities and small suburban municipalities with our success achieved through close attention to detail, emphasis on meeting the particular needs of each client and prompt delivery of products, studies and services. Avant -Garde has intimate knowledge of the City of Lynwood's processes and administrative policies due to the program management, funding administration, and labor compliance services we have provided the City since 2007. Our understanding of the City of Lynwood makes Avant -Garde uniquely qualified to perform the scope of work as outlined in the Request for Proposals. Our knowledge and experience with the City will ensure the Avant -Garde team will quickly integrate into the City's current program efforts and will not require excess time to learn the City's current practices. Currently, Avant - Garde is assisting with the implementation of the City's Community Development (Housing) services which includes the administration and implementation of the Housing Rehabilitation Program, implementation of a variety of housing related tasks, project management services as assigned by the Community Development Director, and support for miscellaneous Community Development activities. Avant -Garde has also just recently begun providing funding administration and labor compliance services on the City's Long Beach Boulevard Project. Our tasks include: preparation of project award submittal to Caltrans; processing reimbursement requests; coordination with project staff and Caltrans; preparation of project close -out submittal to Caltrans; attending pre - construction meeting to discuss federal prevailing wage requirements and postings; set up and maintain Labor Standard Enforcement Files for primes and subcontractors; review contractor's compliance with all state and federal required postings; conduct employee field interviews; reconcile weekly certified payroll reports and supporting documentation; identify violations and investigate complaints of underpayment to workers; submit and file all required forms to appropriate parties; prepare investigative reports and backup if necessary; identify labor deficiencies and prepare letters of findings; and notify prime contractor in writing of any labor discrepancies or suspected violations and define the corrective actions to be taken. 2 City of Lynwood — Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 20 of 51 A V n N T coGranats mpti_ G A f -D -E Po Co mmmu ni a*Maoa9emen( nity Outreach administration, Avant -Garde is committed to developing a working relationship that becomes a seamless extension of the City's staff. We have extensive experience in serving both major urban cities and small suburban municipalities with our success achieved through close attention to detail, emphasis on meeting the particular needs of each client and prompt delivery of products, studies and services. Avant -Garde has intimate knowledge of the City of Lynwood's processes and administrative policies due to the program management, funding administration, and labor compliance services we have provided the City since 2007. Our understanding of the City of Lynwood makes Avant -Garde uniquely qualified to perform the scope of work as outlined in the Request for Proposals. Our knowledge and experience with the City will ensure the Avant -Garde team will quickly integrate into the City's current program efforts and will not require excess time to learn the City's current practices. Currently, Avant - Garde is assisting with the implementation of the City's Community Development (Housing) services which includes the administration and implementation of the Housing Rehabilitation Program, implementation of a variety of housing related tasks, project management services as assigned by the Community Development Director, and support for miscellaneous Community Development activities. Avant -Garde has also just recently begun providing funding administration and labor compliance services on the City's Long Beach Boulevard Project. Our tasks include: preparation of project award submittal to Caltrans; processing reimbursement requests; coordination with project staff and Caltrans; preparation of project close -out submittal to Caltrans; attending pre - construction meeting to discuss federal prevailing wage requirements and postings; set up and maintain Labor Standard Enforcement Files for primes and subcontractors; review contractor's compliance with all state and federal required postings; conduct employee field interviews; reconcile weekly certified payroll reports and supporting documentation; identify violations and investigate complaints of underpayment to workers; submit and file all required forms to appropriate parties; prepare investigative reports and backup if necessary; identify labor deficiencies and prepare letters of findings; and notify prime contractor in writing of any labor discrepancies or suspected violations and define the corrective actions to be taken. 2 City of Lynwood — Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 20 of 51 Avant -Garde is currently providing the services requested in this RFP to several cities in urban Los Angeles County, including Los Angeles County METRO. Most agencies we serve have a long- standing relationship with us and trust our Team to provide these services on upcoming construction projects. Our tenure with our clients has provided us with a wide range of experience on projects, ranging from $300,000 to $10 million and as many as 30 contractors on one project. The diversity of our projects has introduced the team to an equally wide range of contractors and subcontractors, many of which have various degrees of experience with federal prevailing wage requirements and monitoring. Our team has been able to understand and respond to their needs with efficiency and effectiveness. Avant - Garde's approach has been developed and is implemented from an agency's perspective with a primary focus on legal compliance, user - friendly tools, practical applications, and impartial operations. Our team works with all key players in implementing a successful program, including city staff, construction managers, agency contract compliance officers, payroll staff and construction superintendents. In addition, we take a very pro- active approach in compliance monitoring and take extra steps in our attention to detail to ensure efficiency and to prevent potential setbacks. Our operations as an extension of the agency staff also ensure open communication and availability as needed. 3 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 21 of 51 AVANTGrants - ...... .... Compliance (`t A R_ D E Funding Management Community Outreech Avant -Garde is currently providing the services requested in this RFP to several cities in urban Los Angeles County, including Los Angeles County METRO. Most agencies we serve have a long- standing relationship with us and trust our Team to provide these services on upcoming construction projects. Our tenure with our clients has provided us with a wide range of experience on projects, ranging from $300,000 to $10 million and as many as 30 contractors on one project. The diversity of our projects has introduced the team to an equally wide range of contractors and subcontractors, many of which have various degrees of experience with federal prevailing wage requirements and monitoring. Our team has been able to understand and respond to their needs with efficiency and effectiveness. Avant - Garde's approach has been developed and is implemented from an agency's perspective with a primary focus on legal compliance, user - friendly tools, practical applications, and impartial operations. Our team works with all key players in implementing a successful program, including city staff, construction managers, agency contract compliance officers, payroll staff and construction superintendents. In addition, we take a very pro- active approach in compliance monitoring and take extra steps in our attention to detail to ensure efficiency and to prevent potential setbacks. Our operations as an extension of the agency staff also ensure open communication and availability as needed. 3 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 21 of 51 SECTION 2. PROJECT UNDERSTANDING AND WORK PLAN Avant -Garde is capable and available to perform the following services, including but mI iitii- morel General Contract and Labor Compliance Activities: 1. Review Agreement and labor compliance requirements with the project team. 2. Determine the specific labor standards parameters applicable for the construction project; 3. Notify appropriate State agencies of project awards within five days of award; 4. Set up and maintain all compliance files and documents relating to prevailing wage activities; 5. Set up and maintain Labor Standards Enforcement Files for Prime and all subcontractors; 6. Attend pre- construction meetings to discuss prevailing wage requirements with contractor and subcontractors in detail; 7. Review Contractor's compliance with all State and Federal required postings such as the prevailing wage rates and EEO policies as well as the Contractor's Affirmative Action Plan; 8. Make presentations to management staff on the status of participating contractors; 9. Respond to technical questions regarding prevailing wage requirements for state funded projects; 10. Respond to public record's request; 11. Provide information and data on trades and trade classifications performing on projects; and 12. Provide City with a Prevailing Wage Compliance Release Form for each participating contactor /subcontractors as evidence they have met their prevailing wage compliance obligation. Labor Compliance Audit Activities: AVANT GARDE will receive, monitor and review all reports pertaining to labor compliance required to be submitted by prime contractors and their subcontractors in accordance with the provisions of the applicable laws and regulations. 1. Monitor project compliance with the payment of prevailing wage rates; 2. Dissemination and posting of wage determinations applicable to project; 3. Ensure that certified payroll records are submitted by prime contractors and their subcontractors; 4 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 22 of 51 AVANT CGrants ompliance 1 G /\ ^ Community E Funding Commu Management Outreach SECTION 2. PROJECT UNDERSTANDING AND WORK PLAN Avant -Garde is capable and available to perform the following services, including but mI iitii- morel General Contract and Labor Compliance Activities: 1. Review Agreement and labor compliance requirements with the project team. 2. Determine the specific labor standards parameters applicable for the construction project; 3. Notify appropriate State agencies of project awards within five days of award; 4. Set up and maintain all compliance files and documents relating to prevailing wage activities; 5. Set up and maintain Labor Standards Enforcement Files for Prime and all subcontractors; 6. Attend pre- construction meetings to discuss prevailing wage requirements with contractor and subcontractors in detail; 7. Review Contractor's compliance with all State and Federal required postings such as the prevailing wage rates and EEO policies as well as the Contractor's Affirmative Action Plan; 8. Make presentations to management staff on the status of participating contractors; 9. Respond to technical questions regarding prevailing wage requirements for state funded projects; 10. Respond to public record's request; 11. Provide information and data on trades and trade classifications performing on projects; and 12. Provide City with a Prevailing Wage Compliance Release Form for each participating contactor /subcontractors as evidence they have met their prevailing wage compliance obligation. Labor Compliance Audit Activities: AVANT GARDE will receive, monitor and review all reports pertaining to labor compliance required to be submitted by prime contractors and their subcontractors in accordance with the provisions of the applicable laws and regulations. 1. Monitor project compliance with the payment of prevailing wage rates; 2. Dissemination and posting of wage determinations applicable to project; 3. Ensure that certified payroll records are submitted by prime contractors and their subcontractors; 4 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 22 of 51 4. Conduct Employee Field Interviews to confirm worker classification and wage rate of the project workforce conforms to the applicable Davis -Bacon Wage Decision; 5. Reconcile Weekly Certified Payroll Reports (CPR) & Supporting Documentation with wage decision and employee field interviews. Perform continuous and timely monitoring reviews of CPRs and related submissions for compliance; 6. Monitor the submittal of Training Fund Contribution Reports; 7. Monitor workforce utilization reports to verify trade and apprenticeship participation; 8. Identify violations and investigate complaints of underpayment to workers; 9. Notify the City regarding delinquent, uncertified, inaccurate and improperly completed payroll records and recommend appropriate corrective action for lack of strict compliance. Wage Underpayment and Restitution Activities 1. Identify wage underpayment through audits of payroll documents, during onsite employee interviews or by complaints filed by workers on the project; 2. Calculate and recommend to City the amount of wages that City will withhold from the contractor's payments /retention; 3. Prepare documentation that list the week endings worked, the name of the worker, trade classification, number of hours worked, rate paid, correct prevailing wage rate and the amount due each worker. Prepare, submit and file reports and all required forms to appropriate parties; 4. Prepare documentation for disbursement of back wages, training funds and /or penalties due; 5. Gather, prepare and coordinate all necessary documents for hearings and represent the City at such hearings in accordance with the Federal and State Labor Code and the California Code of regulations; 6. Document and file final resolutions; and 7. Perform other projects or services as required. Close -Out Activities 1. Work with City Records Management staff to ensure compliance with record retention periods required by applicable law; 2. Provide detailed report on compliance documents submitted by each participating contractor and subcontractor; and 3. Provide City with a Prevailing Wage Compliance Release Form for each contractor and subcontractor as evidence they have met their prevailing wage compliance obligation. 5 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 23 of 51 Grant AVANT Compliance G A R D Funding Management Community Outreach 4. Conduct Employee Field Interviews to confirm worker classification and wage rate of the project workforce conforms to the applicable Davis -Bacon Wage Decision; 5. Reconcile Weekly Certified Payroll Reports (CPR) & Supporting Documentation with wage decision and employee field interviews. Perform continuous and timely monitoring reviews of CPRs and related submissions for compliance; 6. Monitor the submittal of Training Fund Contribution Reports; 7. Monitor workforce utilization reports to verify trade and apprenticeship participation; 8. Identify violations and investigate complaints of underpayment to workers; 9. Notify the City regarding delinquent, uncertified, inaccurate and improperly completed payroll records and recommend appropriate corrective action for lack of strict compliance. Wage Underpayment and Restitution Activities 1. Identify wage underpayment through audits of payroll documents, during onsite employee interviews or by complaints filed by workers on the project; 2. Calculate and recommend to City the amount of wages that City will withhold from the contractor's payments /retention; 3. Prepare documentation that list the week endings worked, the name of the worker, trade classification, number of hours worked, rate paid, correct prevailing wage rate and the amount due each worker. Prepare, submit and file reports and all required forms to appropriate parties; 4. Prepare documentation for disbursement of back wages, training funds and /or penalties due; 5. Gather, prepare and coordinate all necessary documents for hearings and represent the City at such hearings in accordance with the Federal and State Labor Code and the California Code of regulations; 6. Document and file final resolutions; and 7. Perform other projects or services as required. Close -Out Activities 1. Work with City Records Management staff to ensure compliance with record retention periods required by applicable law; 2. Provide detailed report on compliance documents submitted by each participating contractor and subcontractor; and 3. Provide City with a Prevailing Wage Compliance Release Form for each contractor and subcontractor as evidence they have met their prevailing wage compliance obligation. 5 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 23 of 51 SECTION 3. LABOR COMPLIANCE EXPERIENCE The Project Manager and Coordinators that will be assigned to this Project have provided labor compliance services for the cities of Temple City, Alhambra, Montebello, Bell Gardens, La Mirada, Maywood, La Puente, Pico Rivera, Baldwin Park, and Metro. Listed below are projects whereby Avant -Garde provided labor compliance services. In many instances our team supported the project by performing project management and funding administration services in addition to labor compliance. Projects highlighted were funded with Community Development Block Grant funds or required Section 3 monitoring. City of Lynwood • Long Beach Blvd. Phase I; In Progress; Construction Cost: $3,589,848 City of Temple City • Temple City Blvd; In Progress; Construction Cost: $314,500 • El Monte Ave; In Progress; Construction Cost: $1,078,400 • Rosemead Blvd; Completed: September 2014; Construction Cost $18,000,000 • Traffic Signal - Temple City Blvd 8, Las Tunas; Completed: January 2012; Construction Cost: $176,000 • Freer Street Overlay; Completed: December 2010; Construction Cost: $599,000 • Traffic Signal - Ellis Lane; Completed: June 2010; Construction Cost: $112,000 • Traffic Signal - Rosemead, Longden and Broadway; Completed: January 2011; Construction Cost: $236,500 City of Alhambra Almansor Park Gymnasiuum_Electricgl Upgrade Project; In Progress; Construction Cost: $42,450 •- __Almansor Park Jogging Trail Light_ Replacement, Project; In Progress; Construction_ Cost:$67,960 .__Almansor Park Jogging_ Trail _ _Reconstruction_ Project; In., Progress; C onstru ction_Cost;_$60,000 _Granada Park kestroom Rehabilitation Project In ,Progress; Construction_' 6 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 24 of 51 AVANT cGrams ompriance A ^ G 1 K D U E _._._....em _- 6m_ Funding Management CommuNty Outreach SECTION 3. LABOR COMPLIANCE EXPERIENCE The Project Manager and Coordinators that will be assigned to this Project have provided labor compliance services for the cities of Temple City, Alhambra, Montebello, Bell Gardens, La Mirada, Maywood, La Puente, Pico Rivera, Baldwin Park, and Metro. Listed below are projects whereby Avant -Garde provided labor compliance services. In many instances our team supported the project by performing project management and funding administration services in addition to labor compliance. Projects highlighted were funded with Community Development Block Grant funds or required Section 3 monitoring. City of Lynwood • Long Beach Blvd. Phase I; In Progress; Construction Cost: $3,589,848 City of Temple City • Temple City Blvd; In Progress; Construction Cost: $314,500 • El Monte Ave; In Progress; Construction Cost: $1,078,400 • Rosemead Blvd; Completed: September 2014; Construction Cost $18,000,000 • Traffic Signal - Temple City Blvd 8, Las Tunas; Completed: January 2012; Construction Cost: $176,000 • Freer Street Overlay; Completed: December 2010; Construction Cost: $599,000 • Traffic Signal - Ellis Lane; Completed: June 2010; Construction Cost: $112,000 • Traffic Signal - Rosemead, Longden and Broadway; Completed: January 2011; Construction Cost: $236,500 City of Alhambra Almansor Park Gymnasiuum_Electricgl Upgrade Project; In Progress; Construction Cost: $42,450 •- __Almansor Park Jogging Trail Light_ Replacement, Project; In Progress; Construction_ Cost:$67,960 .__Almansor Park Jogging_ Trail _ _Reconstruction_ Project; In., Progress; C onstru ction_Cost;_$60,000 _Granada Park kestroom Rehabilitation Project In ,Progress; Construction_' 6 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 24 of 51 Granada Park Parking tot Resurfacing & Pool Locker Room Floor Resurfacing - Whitney Floor _Complex Resurfacin g_ Completed: May 2015;, Construction Cost: $50,000 Almansor Picnic Shelter._ Replacement; Completed_ August 2015; Construction Cost: $55,000 a .Almansor Gym HVAC & Grahada Gy_m_Flooring & Equipment; In Progress; Construction Cost: $250,000 Alhambra Park ADA Pool Lift_ Completed: November 2014; Construction Cost: 4,598 ADA Improvements; Completed: April 2014, Construction Cost_$13,325 y Almansor Gym Flooring Completed_April 2016;,:, Construction_ Cost: $30,100 City of Cudahy P. Bedwell Hall Re- roofing Proiect; Completed_N_ovember2014 ;._Construction City of Montebello • Washington Blvd. Street Improvements Phase 2; In Progress; Construction Cost: $824,690 • Traffic Signal- Montebello Way; In Progress; Construction Cost: $726,640 Alley Improvement; Completed; September. 2015; Construction Cost: $187,553 • Vail Ave. Improvement; Completed: November 2015; Construction Cost: $201,150 • Beverly Blvd. Improvements; Completed: September 2014; Construction Cost: $429,381 • Safe Routes to School; Completed: August 2013; Construction Cost: $572,703 • Federal Safe Routes to School; Completed: March 2012; Construction Cost: $285,000 • Whittier Boulevard Revitalization Phase 11; Completed: March 2011: Construction Cost: $749,000 • Neighborhood Citywide Sidewalk; Completed: November 2010; Construction Cost: $1,600,000 • Safe Routes to School Greenwood and Washington; Completed: May 2010; Construction Cost: $ 172,000 Whittier Boulevard Revitalization_Phose- 1; Completed: 2009; Construction; ;Cost; $8,000;000 • Traffic Signal- Garfield Avenue /Via San Clemente; Completed: August 2009; Construction Cost: $138,988 7 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 25 of 51 AVANT Compiance G A R. D E Fu nding Management Community Outreach Granada Park Parking tot Resurfacing & Pool Locker Room Floor Resurfacing - Whitney Floor _Complex Resurfacin g_ Completed: May 2015;, Construction Cost: $50,000 Almansor Picnic Shelter._ Replacement; Completed_ August 2015; Construction Cost: $55,000 a .Almansor Gym HVAC & Grahada Gy_m_Flooring & Equipment; In Progress; Construction Cost: $250,000 Alhambra Park ADA Pool Lift_ Completed: November 2014; Construction Cost: 4,598 ADA Improvements; Completed: April 2014, Construction Cost_$13,325 y Almansor Gym Flooring Completed_April 2016;,:, Construction_ Cost: $30,100 City of Cudahy P. Bedwell Hall Re- roofing Proiect; Completed_N_ovember2014 ;._Construction City of Montebello • Washington Blvd. Street Improvements Phase 2; In Progress; Construction Cost: $824,690 • Traffic Signal- Montebello Way; In Progress; Construction Cost: $726,640 Alley Improvement; Completed; September. 2015; Construction Cost: $187,553 • Vail Ave. Improvement; Completed: November 2015; Construction Cost: $201,150 • Beverly Blvd. Improvements; Completed: September 2014; Construction Cost: $429,381 • Safe Routes to School; Completed: August 2013; Construction Cost: $572,703 • Federal Safe Routes to School; Completed: March 2012; Construction Cost: $285,000 • Whittier Boulevard Revitalization Phase 11; Completed: March 2011: Construction Cost: $749,000 • Neighborhood Citywide Sidewalk; Completed: November 2010; Construction Cost: $1,600,000 • Safe Routes to School Greenwood and Washington; Completed: May 2010; Construction Cost: $ 172,000 Whittier Boulevard Revitalization_Phose- 1; Completed: 2009; Construction; ;Cost; $8,000;000 • Traffic Signal- Garfield Avenue /Via San Clemente; Completed: August 2009; Construction Cost: $138,988 7 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 25 of 51 Metro • Westside Subway Extension; In Progress; Construction Cost: $20,250,000 • 1 -405 & SR 134 Soundwall Packages 4 &5; Completed: October 2014; Construction Cost: $18,973,000 • CNG Emergency Operators; Completed: October 2014; Construction Cost: $881,145 • Lighting Upgrade; Completed: June 2013; Construction Cost: $1,662,000 • Bus Stop Improvement; Completed: June 2013; Construction Cost: $627,000 • Division 3 Master Plan; Completed: July 2012; Construction Cost: $4,973,000 • Trash and Vegetation Removal; Completed: March 2013; Construction Cost: $4,800,120 City of La Mirada • Traffic Signal- Artesia Blvd /Industry Circle; In Progress; Construction Cost: $206,511 • Traffic Signal - Valley View Blvd & Adoree St; In Progress; Construction Cost: $362,200 Foster Park Street Improvements Phases 2 -4; Completed: Febru6ry_2016 Construction Cost:_$4,700,000, $650,121, $1,952,048 • Alondra /Valley View Improvements; Completed: April 2012; Construction Cost: $2,500,000 • La Mirada Boulevard Improvements; Completed: April 2010; Construction Cost: $635,000 m Beach Boulevard Improvements; Completed: 2008; Construction_ Cost; X635,000 City of Bell Gardens • Opticom Emergency Vehicle Preemption; Completed: July 2015; Construction Cost: $247,623 • Safe Routes to School Non - Infrastructure; Completed: February 2015; Cost: $170,000 • Eastern Avenue; Completed: July 2008; Construction Cost: $2,000,000 • ARRA Phase II Street Improvements; Completed: December 2009; Construction Cost: $415,000 • ARRA Phase I Street Improvements; Completed: February 2010; Construction Cost: $714,000 • Federal Safe Routes to School: Completed: August 2012; Construction Cost: $321,000 • Foster Bridge: Completed: January 2013; Construction Cost: $163,000 8 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 26 of 51 AVANT CGrants ompliance G 1 //\ ^ K D E E..—.g Management Community Outreach Metro • Westside Subway Extension; In Progress; Construction Cost: $20,250,000 • 1 -405 & SR 134 Soundwall Packages 4 &5; Completed: October 2014; Construction Cost: $18,973,000 • CNG Emergency Operators; Completed: October 2014; Construction Cost: $881,145 • Lighting Upgrade; Completed: June 2013; Construction Cost: $1,662,000 • Bus Stop Improvement; Completed: June 2013; Construction Cost: $627,000 • Division 3 Master Plan; Completed: July 2012; Construction Cost: $4,973,000 • Trash and Vegetation Removal; Completed: March 2013; Construction Cost: $4,800,120 City of La Mirada • Traffic Signal- Artesia Blvd /Industry Circle; In Progress; Construction Cost: $206,511 • Traffic Signal - Valley View Blvd & Adoree St; In Progress; Construction Cost: $362,200 Foster Park Street Improvements Phases 2 -4; Completed: Febru6ry_2016 Construction Cost:_$4,700,000, $650,121, $1,952,048 • Alondra /Valley View Improvements; Completed: April 2012; Construction Cost: $2,500,000 • La Mirada Boulevard Improvements; Completed: April 2010; Construction Cost: $635,000 m Beach Boulevard Improvements; Completed: 2008; Construction_ Cost; X635,000 City of Bell Gardens • Opticom Emergency Vehicle Preemption; Completed: July 2015; Construction Cost: $247,623 • Safe Routes to School Non - Infrastructure; Completed: February 2015; Cost: $170,000 • Eastern Avenue; Completed: July 2008; Construction Cost: $2,000,000 • ARRA Phase II Street Improvements; Completed: December 2009; Construction Cost: $415,000 • ARRA Phase I Street Improvements; Completed: February 2010; Construction Cost: $714,000 • Federal Safe Routes to School: Completed: August 2012; Construction Cost: $321,000 • Foster Bridge: Completed: January 2013; Construction Cost: $163,000 8 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 26 of 51 AVANT Grants Compliance......_......_ G A D E Wntlin9Management Community Outreach Florence Place; Completed: February 2015; Construction Cost: $190,954 City of Pico Rivera Commercial_ Facade; Completed: June 2014;_ Construction Cost: $108,322 • La Cocina Facade Rehab; Completed: August 2012; Construction Cost: $37,511 • Beverly Boulevard; Completed: November 2011; Construction Cost: $2,400,000 City of Baldwin Park • Ramona Blvd Phase I and II; Completed: 2011; Construction Cost: $2,450,000 Citv of Mavwood _Sidewalk Improvements Phase I;_C.ompleted _September 2006; Construction Cost_ -$ 77,000 Sidewalk Improvements Phase II Completed:_ 2007,;yConstruction Cost: .$ 65,000Q • Slauson Avenue; Completed: September 2008; Construction Cost: $827,000 City of La Puente • Local Street Resurfacing Project, Temple, Orange & Sunset; Completed: 2002; Construction Cost: $284,000 • Local Street Resurfacing Project, Sunset, Nelson and Unruh; Completed: November 2003; Construction Cost: $333,000 -_-_ m _._�.__ _ __— m_ __.. _ _ .. _ —.__ �_ _ _ Communrty Center ADA Im_ provements; Completed: September 2004 ;' �Constructioh_Cost: $208,000 • Hacienda Reconstruction; Completed: September 2004; Construction Cost: $320,000 ,__City Hall Elevator; iqqMp leted. September�2005 _ Construction Cost: $223,000 • Safe Routes to School Sidewalk Improvements; Completed: October 2005; Construction Cost: $247,000 • Local Street Resurfacing Project, Puente & Nelson; Completed: 2007; Construction Cost: $305,000 r- _ Senior Center; Completed: November 2008: Construction Cost:_$91,587.OQ • Local Street Resurfacing Project, Hacienda & Elliot; Completed: August 2008; Construction Cost: $224,000 9 City of Lynwood — Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 27 of 61 Sidewalk Improvements; Completed: September 2008; C_ onstru_ ction Cost: $334,000 • Local Street Resurfacing Project, Hacienda & Elliot; Completed: April 2009; Construction Cost: $300,000 Main Street; Completed 2009; Construction Cost_ $40Q000 • Hacienda Blvd. Reconstruction; Completed: 2009; Construction Cost: $741,477.16 • Street Overlay; Completed: 2009; Construction Cost: $224,620 • Slurry Seal; Completed: March 2009;.Construction Cost: $274,087.70 .,__Handicapped Ramps and Sidewalks Phase ll_ Completed; July® 2009; Construction Cost: $341,043.00 • Valley Boulevard_ Improvement_Project Completed 2010; Construction :Cost_ $,317,832 — La Puente Park Sidewalk; Complete: 2002; Construction Cost: $123,066.10 Women's and Children Crisis Shelter •_ _ Outreach. Center Improvements; Completed: October 2008; Construction Cost:_$b6,00Q Temple City Project: Rosemead Blvd Construction Cost: $18 Million Avant - Garde's monitored construction contracts and labor compliance documents as required by Caltrans and set forth in the Local Programs Procedure Manual, pre -bid and pre- construction meetings attendance, meeting coordination with Caltrans, field reviews, review of certified payroll records and associated paperwork, conduct file reviews with Caltrans. La Mirada Project: Foster Park Phase II Construction Cost: $4.7 Million Avant -Garde monitored payment of prevailing wage, coordinated mandatory pre -bid and pre- construction meetings with the CDC; conducted field reviews, reviews of certified payroll records and associated paperwork, site visits and interviews, monitored fund contributions, provided wage underpayment and restitution support services and conducted final file review with CDC for this $4.7 Million project. 10 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 28 of 51 n y n N T Complianw G A T D E - _______ Wndino Management Community Outreach Sidewalk Improvements; Completed: September 2008; C_ onstru_ ction Cost: $334,000 • Local Street Resurfacing Project, Hacienda & Elliot; Completed: April 2009; Construction Cost: $300,000 Main Street; Completed 2009; Construction Cost_ $40Q000 • Hacienda Blvd. Reconstruction; Completed: 2009; Construction Cost: $741,477.16 • Street Overlay; Completed: 2009; Construction Cost: $224,620 • Slurry Seal; Completed: March 2009;.Construction Cost: $274,087.70 .,__Handicapped Ramps and Sidewalks Phase ll_ Completed; July® 2009; Construction Cost: $341,043.00 • Valley Boulevard_ Improvement_Project Completed 2010; Construction :Cost_ $,317,832 — La Puente Park Sidewalk; Complete: 2002; Construction Cost: $123,066.10 Women's and Children Crisis Shelter •_ _ Outreach. Center Improvements; Completed: October 2008; Construction Cost:_$b6,00Q Temple City Project: Rosemead Blvd Construction Cost: $18 Million Avant - Garde's monitored construction contracts and labor compliance documents as required by Caltrans and set forth in the Local Programs Procedure Manual, pre -bid and pre- construction meetings attendance, meeting coordination with Caltrans, field reviews, review of certified payroll records and associated paperwork, conduct file reviews with Caltrans. La Mirada Project: Foster Park Phase II Construction Cost: $4.7 Million Avant -Garde monitored payment of prevailing wage, coordinated mandatory pre -bid and pre- construction meetings with the CDC; conducted field reviews, reviews of certified payroll records and associated paperwork, site visits and interviews, monitored fund contributions, provided wage underpayment and restitution support services and conducted final file review with CDC for this $4.7 Million project. 10 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 28 of 51 Los Angeles Metro Transportation Authority Project: MTA Div.3 - Maintenance Building Renovations Construction Cost: $4.9 Million Avant -Garde monitored payment of prevailing wage, conducted site visits and interviews, monitored fund contributions and workforce utilization reports, provided wage underpayment and restitution support services for this $4.9 Million project. Avant -Garde monitored 6 of the 10 subcontractors during our review period. Underpayments were discovered and the violations corrected, restitution was issued to affected workers. 11 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 29 of 51 AVANT Compiance G A R D E — Funding Management Community Outreach Los Angeles Metro Transportation Authority Project: MTA Div.3 - Maintenance Building Renovations Construction Cost: $4.9 Million Avant -Garde monitored payment of prevailing wage, conducted site visits and interviews, monitored fund contributions and workforce utilization reports, provided wage underpayment and restitution support services for this $4.9 Million project. Avant -Garde monitored 6 of the 10 subcontractors during our review period. Underpayments were discovered and the violations corrected, restitution was issued to affected workers. 11 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 29 of 51 SECTION 4. PROJECT STAFF QUALIFICATIONS To provide exceptional labor compliance services for Lynwood's City Hall Annex project, we present a highly qualified and experienced team of program managers and coordinators with years of experience in providing identical services to Cities throughout Southern California. We have assigned a firm principal, Lissette Calleros to serve as the Project Representative. Ms. Calleros will oversee all assigned staff and will ensure successful administration of labor compliance services for this project as outlined in this proposal. Avant -Garde will be available for the duration of the scope of services and acknowledges that no person designated as key personnel shall be removed or replaced without the prior notification to the City. Jerome Joaquin Program Assistant ORGANIZATIONAL CHART City of Lynwood Lissette Calleros Company Principal / Program Director Tara Tignino Program Manager Valerie Guzman Program Assistant Megan LeNoue Program Assistant 12 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 30 of 51 AVANT CGrams omvliance G A K D E Funding Management Commaoity 0u[reath SECTION 4. PROJECT STAFF QUALIFICATIONS To provide exceptional labor compliance services for Lynwood's City Hall Annex project, we present a highly qualified and experienced team of program managers and coordinators with years of experience in providing identical services to Cities throughout Southern California. We have assigned a firm principal, Lissette Calleros to serve as the Project Representative. Ms. Calleros will oversee all assigned staff and will ensure successful administration of labor compliance services for this project as outlined in this proposal. Avant -Garde will be available for the duration of the scope of services and acknowledges that no person designated as key personnel shall be removed or replaced without the prior notification to the City. Jerome Joaquin Program Assistant ORGANIZATIONAL CHART City of Lynwood Lissette Calleros Company Principal / Program Director Tara Tignino Program Manager Valerie Guzman Program Assistant Megan LeNoue Program Assistant 12 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 30 of 51 LissetFe Calleros Vice President / Program Director Years of Experience Ms. Calleros has 14 years of experience in Program Management. 14+ years Ms. Calleros' expertise is in administering federal and state funded projects, program development, compliance management and Education records management. She provides funding administration to ensure B.S. Business Management that cities develop their projects in accordance with policy and California State Polytechnic procedural requirements, assists in determining eligible projects for various funding sources, and manages development and capital University Pomona improvement programs /projects from conception to completion. She has experience in identifying federal and state fund allocation A.A. General Studies balances, programming funds, and administering long- and -short Mount San Antonio College range programs consistent with the economic capabilities of the City. PROJECT EXPERIENCE As the Program Director, Ms. Calleros will oversee all assigned staff and will ensure successful administration of all labor compliance monitoring and project management documentation. Ms. Calleros will be responsible for all quality assurance /quality control efforts. She has comprehensive expertise in project management and analysis. Ms. Calleros and her team have successfully monitored capital projects for municipal agencies throughout Southern California. Recent labor compliance (prevailing wage) monitoring services performed under her direction include: • Los Angeles METRO - $20.25 million Westside Subway Extension • Los Angeles METRO - $4.9 million Division 3 Master Plan • Los Angeles METRO - $4.8 million Trash & Vegetation Removal • Los Angeles METRO -$18.9 million 1 -405 & SR -134 Soundwall • Los Angeles METRO - $627k Bus Stop Improvement Project • Los Angeles METRO - $1.6 million Lighting Upgrade Project • Los Angeles METRO - $881 k CNG Emergency Generator Project • City of Temple City - $18 million Rosemead Blvd Safety & Beautification Improvement Project • City of Temple City - $600k Streets Overlay project; $1.6 million citywide sidewalk Project • City of Temple City - $176k New Traffic Signal Project - Temple City Blvd. & Las Tunas • City of Temple City - $236.5k Traffic Signal Upgrades - Rosemead, Longden & Broadway 13 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 31 of 51 AVANT CoGrams mpliance G A I -DE Management Funtl unity Outreach Community Outreach LissetFe Calleros Vice President / Program Director Years of Experience Ms. Calleros has 14 years of experience in Program Management. 14+ years Ms. Calleros' expertise is in administering federal and state funded projects, program development, compliance management and Education records management. She provides funding administration to ensure B.S. Business Management that cities develop their projects in accordance with policy and California State Polytechnic procedural requirements, assists in determining eligible projects for various funding sources, and manages development and capital University Pomona improvement programs /projects from conception to completion. She has experience in identifying federal and state fund allocation A.A. General Studies balances, programming funds, and administering long- and -short Mount San Antonio College range programs consistent with the economic capabilities of the City. PROJECT EXPERIENCE As the Program Director, Ms. Calleros will oversee all assigned staff and will ensure successful administration of all labor compliance monitoring and project management documentation. Ms. Calleros will be responsible for all quality assurance /quality control efforts. She has comprehensive expertise in project management and analysis. Ms. Calleros and her team have successfully monitored capital projects for municipal agencies throughout Southern California. Recent labor compliance (prevailing wage) monitoring services performed under her direction include: • Los Angeles METRO - $20.25 million Westside Subway Extension • Los Angeles METRO - $4.9 million Division 3 Master Plan • Los Angeles METRO - $4.8 million Trash & Vegetation Removal • Los Angeles METRO -$18.9 million 1 -405 & SR -134 Soundwall • Los Angeles METRO - $627k Bus Stop Improvement Project • Los Angeles METRO - $1.6 million Lighting Upgrade Project • Los Angeles METRO - $881 k CNG Emergency Generator Project • City of Temple City - $18 million Rosemead Blvd Safety & Beautification Improvement Project • City of Temple City - $600k Streets Overlay project; $1.6 million citywide sidewalk Project • City of Temple City - $176k New Traffic Signal Project - Temple City Blvd. & Las Tunas • City of Temple City - $236.5k Traffic Signal Upgrades - Rosemead, Longden & Broadway 13 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 31 of 51 • City of Temple City - $1 million El Monte Ave. Project • City of Temple City - $314.5k Temple City Blvd. Project • City of La Mirada - $4.9 million Foster Park Phase II Improvements • City of La Mirada - $650k million Foster Park Phase III Improvements • City of La Mirada - $1.9 million Foster Park Phase IV Improvements • City of La Mirada - $2.5 million Alondra /Valley View Improvements • City of Montebello - $749k Whittier Boulevard Revitalization Phase 11 • City of Montebello - $1.6 million Neighborhood Citywide Sidewalk • City of Montebello - $8 million Whittier Blvd Revitalization Phase I • City of Montebello - $139k Garfield Avenue /Via San Clement Traffic Signal Project • City of Montebello - $201 k Vail Ave. Improvement Project • City of Montebello - $726k Montebello Way Traffic Signal • City of Pico Rivera - $2.4 million Beverly Boulevard Improvements • City of Baldwin Park -$2.4 million Ramona Boulevard Improvements Phase I Project Ms. Calleros has extensive knowledge of all federal prevailing wage requirements and regulations, and is experienced in managing EECBG and ARRA funded projects. 14 City of Lynwood — Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 32 of 51 n y n N T Comp`iance G A ^ K D E Funtlina Management Community Outreach • City of Temple City - $1 million El Monte Ave. Project • City of Temple City - $314.5k Temple City Blvd. Project • City of La Mirada - $4.9 million Foster Park Phase II Improvements • City of La Mirada - $650k million Foster Park Phase III Improvements • City of La Mirada - $1.9 million Foster Park Phase IV Improvements • City of La Mirada - $2.5 million Alondra /Valley View Improvements • City of Montebello - $749k Whittier Boulevard Revitalization Phase 11 • City of Montebello - $1.6 million Neighborhood Citywide Sidewalk • City of Montebello - $8 million Whittier Blvd Revitalization Phase I • City of Montebello - $139k Garfield Avenue /Via San Clement Traffic Signal Project • City of Montebello - $201 k Vail Ave. Improvement Project • City of Montebello - $726k Montebello Way Traffic Signal • City of Pico Rivera - $2.4 million Beverly Boulevard Improvements • City of Baldwin Park -$2.4 million Ramona Boulevard Improvements Phase I Project Ms. Calleros has extensive knowledge of all federal prevailing wage requirements and regulations, and is experienced in managing EECBG and ARRA funded projects. 14 City of Lynwood — Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 32 of 51 Tara Tignino Program Manager Years of Experience Ms. Tignino is experienced in Labor Compliance for Federal, State and 11+ CDBG funded projects. As a labor compliance specialist, Ms. Tignino monitors contracts to ensure that all clients' actions adhere to either CDBG or the standard State and FHWA Federal wage regulation requirements and when applicable section 3 requirements. Responsibilities include, conducting employee field interviews, auditing weekly payrolls, investigating violation findings and preparing non - compliance notices to contractors. In addition, Ms. Tignino monitors HUD Program requirements and conducts file reviews with Caltrans and the Community Development Commission. Ms. Tignino is experienced in developing and maintaining detailed project schedules to improve accuracy, and increase project efficiency. Ms. Tignino is experienced in monitoring project budgets and recording expenses; compiling project specific documentation and preparing billings; conducting research and recommending solutions; organizing meetings, events and conferences. PROJECT EXPERIENCE • Los Angeles METRO - $20.25M Westside Subway Extension Project • Los Angeles METRO - $18.9M 1 -405 & SR -134 Soundwall Project • Los Angeles METRO - $4.9M Division 3 Master Plan • Los Angeles METRO - $4.8M Trash & Vegetation Removal Project • Los Angeles METRO - $1.6M Lighting Upgrade Project • Los Angeles METRO - $881 k CNG Emergency Generator Project • Los Angeles METRO - $627k Bus Stop Improvement Project • City of Temple City - $18M Rosemead Blvd Safety & Beautification Project • City of Temple City - $1.1 M El Monte Ave Traffic Signal • City of Temple City - $315k Temple City Blvd Traffic Signal • City of Temple City - $176kTemple City Blvd /Las Tunas Traffic Signal • City of Pico Rivera - $2.4M Beverly Blvd. Improvements Project • City of Pico Rivera - $38k CDBG Funded - Commercial Fapade Phase I • City of Pico Rivera - $108k CDBG Funded - Commercial Fapade Phase II 15 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 33 of 51 AVANT CoGrants miance G A K D E Funding Management Community Outreach Tara Tignino Program Manager Years of Experience Ms. Tignino is experienced in Labor Compliance for Federal, State and 11+ CDBG funded projects. As a labor compliance specialist, Ms. Tignino monitors contracts to ensure that all clients' actions adhere to either CDBG or the standard State and FHWA Federal wage regulation requirements and when applicable section 3 requirements. Responsibilities include, conducting employee field interviews, auditing weekly payrolls, investigating violation findings and preparing non - compliance notices to contractors. In addition, Ms. Tignino monitors HUD Program requirements and conducts file reviews with Caltrans and the Community Development Commission. Ms. Tignino is experienced in developing and maintaining detailed project schedules to improve accuracy, and increase project efficiency. Ms. Tignino is experienced in monitoring project budgets and recording expenses; compiling project specific documentation and preparing billings; conducting research and recommending solutions; organizing meetings, events and conferences. PROJECT EXPERIENCE • Los Angeles METRO - $20.25M Westside Subway Extension Project • Los Angeles METRO - $18.9M 1 -405 & SR -134 Soundwall Project • Los Angeles METRO - $4.9M Division 3 Master Plan • Los Angeles METRO - $4.8M Trash & Vegetation Removal Project • Los Angeles METRO - $1.6M Lighting Upgrade Project • Los Angeles METRO - $881 k CNG Emergency Generator Project • Los Angeles METRO - $627k Bus Stop Improvement Project • City of Temple City - $18M Rosemead Blvd Safety & Beautification Project • City of Temple City - $1.1 M El Monte Ave Traffic Signal • City of Temple City - $315k Temple City Blvd Traffic Signal • City of Temple City - $176kTemple City Blvd /Las Tunas Traffic Signal • City of Pico Rivera - $2.4M Beverly Blvd. Improvements Project • City of Pico Rivera - $38k CDBG Funded - Commercial Fapade Phase I • City of Pico Rivera - $108k CDBG Funded - Commercial Fapade Phase II 15 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 33 of 51 • City of Pico Rivera - $44k CDBG Funded - Commercial Fagade Phase III • City of Montebello - $825k Washington Blvd. Street Improvements Phase 2 • City of Montebello - $726k Montebello Way Traffic Signal • City of Montebello - $130k Alley Improvements Project • City of Montebello - $228k Alley Improvements Project • City of Montebello - $749k Whittier Blvd Revitalization Phase II Project • City of Montebello - $711 k Garfield Ave Reconstruction Project • City of Lynwood - $3.6M Long Beach Blvd., Ph I • City of La Mirada - $2.5M Alondra /Valley View Improvements Project • City of La Mirada - $4.9M CDBG Funded - Foster Park Phase II Improvements • City of La Mirada - $608k CDBG Funded - Foster Park Phase III Improvements • City of La Mirada - $1.9M CDBG Funded - Foster Park Phase IV Improvements • City of La Mirada - $635k LA Mirada Blvd Improvements Project • City of La Mirada - $353k City HVAC Improvements Project • City of La Mirada - $305k Valley View Ave /Adoree St Traffic Signal City of Cudahy - $206k CDBG Funded - Bedwell Hall Re- Roofing Project • City of Bell Gardens - $143k Opticom Emergency Vehicle Preemption Project • City of Bell Gardens - $163k Foster Bridge Project • City of Bell Gardens - $191 k Florence PI Improvement Project • City of Alhambra - $42k CDBG Funded Almansor Park Gymnasium Electrical Upgrade Project • City of Alhambra - $68k CDBG Funded Almansor Park Jogging Trail Light Replacement Project • City of Alhambra - $60k CDBG Funded Almansor Park Jogging Trail Reconstruction Project • City of Alhambra - $53k CDBG Funded Granada Park Restroom Rehabilitation Project • City of Alhambra - $100k CDBG Funded Almansor Gym HVAC • City of Alhambra - $100k CDBG Funded Granada Gym Flooring • City of Alhambra - $80k CDBG Funded Granada Gym Equipment • City of Alhambra - $55k CDBG Funded Almansor Park Shelter Replacement • City of Alhambra - $13.3k CDBG Funded ADA Improvements Project • City of Alhambra- $5k CDBG Funded ADA Improvements Project 16 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 34 of 51 AVANT CGrants ompliance G _ r —. wManagement Commuoily Outreach • City of Pico Rivera - $44k CDBG Funded - Commercial Fagade Phase III • City of Montebello - $825k Washington Blvd. Street Improvements Phase 2 • City of Montebello - $726k Montebello Way Traffic Signal • City of Montebello - $130k Alley Improvements Project • City of Montebello - $228k Alley Improvements Project • City of Montebello - $749k Whittier Blvd Revitalization Phase II Project • City of Montebello - $711 k Garfield Ave Reconstruction Project • City of Lynwood - $3.6M Long Beach Blvd., Ph I • City of La Mirada - $2.5M Alondra /Valley View Improvements Project • City of La Mirada - $4.9M CDBG Funded - Foster Park Phase II Improvements • City of La Mirada - $608k CDBG Funded - Foster Park Phase III Improvements • City of La Mirada - $1.9M CDBG Funded - Foster Park Phase IV Improvements • City of La Mirada - $635k LA Mirada Blvd Improvements Project • City of La Mirada - $353k City HVAC Improvements Project • City of La Mirada - $305k Valley View Ave /Adoree St Traffic Signal City of Cudahy - $206k CDBG Funded - Bedwell Hall Re- Roofing Project • City of Bell Gardens - $143k Opticom Emergency Vehicle Preemption Project • City of Bell Gardens - $163k Foster Bridge Project • City of Bell Gardens - $191 k Florence PI Improvement Project • City of Alhambra - $42k CDBG Funded Almansor Park Gymnasium Electrical Upgrade Project • City of Alhambra - $68k CDBG Funded Almansor Park Jogging Trail Light Replacement Project • City of Alhambra - $60k CDBG Funded Almansor Park Jogging Trail Reconstruction Project • City of Alhambra - $53k CDBG Funded Granada Park Restroom Rehabilitation Project • City of Alhambra - $100k CDBG Funded Almansor Gym HVAC • City of Alhambra - $100k CDBG Funded Granada Gym Flooring • City of Alhambra - $80k CDBG Funded Granada Gym Equipment • City of Alhambra - $55k CDBG Funded Almansor Park Shelter Replacement • City of Alhambra - $13.3k CDBG Funded ADA Improvements Project • City of Alhambra- $5k CDBG Funded ADA Improvements Project 16 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 34 of 51 AVANT cnRDE Years of Experience 4+ Education B.S. Urban and Regional Planning California State Polytechnic University, Pomona 2010 Grants COMOance FuMmg Management Community 6utreach Jerome C. Joaquin Program Assistant As a Program Assistant, one of Mr. Joaquin's main responsibilities is providing labor compliance services. He has worked in conjunction with the project managers of the company and served as a liaison to provide support on various labor compliance projects. Mr. Joaquin enforces labor compliances regulations by means of conducting on -site interviews of employees and calculations of prevailing wages appropriate for job classifications and duties in accordance with State or Federal labor laws. Moreover, part of Mr. Joaquin's duty as a member of the Labor Compliance Team is to ensure proper legal measures are met with any discovered violations. A.A. General Studies with ' an emphasis on PROJECT EXPERIENCE Labor compliance (prevailing wage) monitoring services performed Architecture include: set up and maintain Labor Standards Enforcement Files for Glendale Community Prime and all subcontractors; conduct Employee Field Interviews; College perform continuous and timely monitoring reviews of CPRs and related submissions for compliance; identify labor deficiencies and prepare letters of findings; notify the prime contractor in writing of any labor discrepancies or suspected violations and define the corrective actions to be taken. Los Angeles Metropolitan Transportation Authority: ➢ Westside Subway Extension - Advance Utility Relocation Project Completion Date: In Progress ➢ 1 -405 & SR -134 Soundwall Packages 5 & 7 Completion Date: October 2014 ➢ Trash & Vegetation Removal Project Completion Date: May 2013 ➢ Div. 3 Maintenance Building Renovation Project Completion Date: June 2012 City of Bell Gardens ➢ Street Improvement- Florence Place Project Completion Date: In Progress ➢ Opticom Emergency Vehicle Preemption Completion Date: In Progress City of Temple City ➢ Rosemead Blvd. Safety Enhancement Project 17 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 35 of 51 Completion Date: September 2014 City of Alhambra ➢ Granada Gym & Almansor Park Improvement Project Completion Date: In Progress City of La Mirada ➢ Foster Park Improvements Phase II Completion Date: June 2012 18 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 36 of 51 AVANT Compliance G ` /\ ^ KU D E Fundlno Management Community Outreach Completion Date: September 2014 City of Alhambra ➢ Granada Gym & Almansor Park Improvement Project Completion Date: In Progress City of La Mirada ➢ Foster Park Improvements Phase II Completion Date: June 2012 18 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 36 of 51 AVANT CGrants omP^lanca G D .Funding .. nagement Community Outreach Megan LeNoue Program Assistant I Ms. LeNoue has three years of experience in administrative and Years of Experience municipal program services and contract administration. Her overall 3+ experience includes labor compliance monitoring, project management and analysis, funding administration, grant writing, and Education construction management assistance. B.A. Anthropology As a Program Assistant, one of Ms. LeNoue's main responsibilities is Saint Mary's College of Providing labor compliance services. She has worked in conjunction CA, 2013 with the project managers of the company and served as a liaison to provide support on various labor compliance projects. Ms. LeNoue enforces labor compliances regulations by means of conducting on -site interviews of employees and calculations of prevailing wages appropriate for job classifications and duties in accordance with State or Federal labor laws. Moreover, part of Ms. LeNoue's duty as a member of the Labor Compliance Team is to ensure proper legal measures are met with any discovered violations. -- _ _ _. --- __ - -- -.. PROJECT EXPERIENCE Labor compliance (prevailing wage) monitoring services performed include: set up and maintain Labor Standards Enforcement Files for Prime and all subcontractors; conduct Employee Field Interviews; perform continuous and timely monitoring reviews of CPRs and related submissions for compliance; identify labor deficiencies and prepare letters of findings; notify the prime contractor in writing of any labor discrepancies or suspected violations and define the corrective actions to be taken. Los Angeles Metropolitan Transportation Authority: ➢ 1 -405 & SR -134 Soundwall Packages 5 & 7 Completion Date: October 2014 19 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 37 of 51 Valerie Guzman Program Assistant Ms. Guzman has experience in administrative and municipal program Years of Experience services and contract administration. Her overall experience includes �+ labor compliance monitoring, project management and analysis, funding administration, grant writing, and construction management assistance. As a Program Assistant, one of Ms. Guzman's main Education responsibilities is providing labor compliance services. She has worked B.A. Political Science in conjunction with the project managers of the company and served California State University, as a liaison to provide support on various labor compliance projects. Los Angeles 2009 Ms. Guzman enforces labor compliances regulations by means of conducting on -site interviews of employees and calculations of prevailing wages appropriate for job classifications and duties in accordance with State or Federal labor laws. Moreover, part of Ms. Guzman's duty as a member of the Labor Compliance Team is to ensure proper legal measures are met with any discovered violations. PROJECT EXPERIENCE Labor compliance (prevailing wage) monitoring services performed include: set up and maintain Labor Standards Enforcement Files for Prime and all subcontractors; conduct Employee Field Interviews; perform continuous and timely monitoring reviews of CPRs and related submissions for compliance; identify labor deficiencies and prepare letters of findings; notify the prime contractor in writing of any labor discrepancies or suspected violations and define the corrective actions to be taken. Los Angeles Metropolitan Transportation Authority: ➢ Westside Subway Extension - Advance Utility Relocation Project Completion Date: In Progress 20 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 38 of 51 AVANT CGrants ompli a nce G A _DE &*Wlg W6.9Iesl f Commw�lty Outreach Valerie Guzman Program Assistant Ms. Guzman has experience in administrative and municipal program Years of Experience services and contract administration. Her overall experience includes �+ labor compliance monitoring, project management and analysis, funding administration, grant writing, and construction management assistance. As a Program Assistant, one of Ms. Guzman's main Education responsibilities is providing labor compliance services. She has worked B.A. Political Science in conjunction with the project managers of the company and served California State University, as a liaison to provide support on various labor compliance projects. Los Angeles 2009 Ms. Guzman enforces labor compliances regulations by means of conducting on -site interviews of employees and calculations of prevailing wages appropriate for job classifications and duties in accordance with State or Federal labor laws. Moreover, part of Ms. Guzman's duty as a member of the Labor Compliance Team is to ensure proper legal measures are met with any discovered violations. PROJECT EXPERIENCE Labor compliance (prevailing wage) monitoring services performed include: set up and maintain Labor Standards Enforcement Files for Prime and all subcontractors; conduct Employee Field Interviews; perform continuous and timely monitoring reviews of CPRs and related submissions for compliance; identify labor deficiencies and prepare letters of findings; notify the prime contractor in writing of any labor discrepancies or suspected violations and define the corrective actions to be taken. Los Angeles Metropolitan Transportation Authority: ➢ Westside Subway Extension - Advance Utility Relocation Project Completion Date: In Progress 20 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 38 of 51 AVANT GAR.DE SECTION 5. Grants compliance Funding Management Community Outrxach REFERENCES City of La Mirada 113806 La Mirada Blvd., La Mirada, CA 1 (562) 902 -2373 Project Contact: Mark Stowell, Director of Public Works mstowell @citvoflamirada.ora Avant -Garde has provided Labor compliance, grant research, writing, and fund administration services to the City of La Mirada since FY 2010. Additional services include CIP Budget review and implementation of CIP projects; bid administration and project implementation; administrative staff support including the development of staff reports; and labor compliance. City of Montebello 11600 W. Beverly Blvd., Montebello, CA 1 (323) 887 -1471 Project Contact: Danilo Batson, Director of Public Works dbatson @citvofmontebello.com Avant -Garde has provided labor compliance, grant research, writing, and fund administration services to the City of Montebello since FY 2005. Additional services include strategic planning and development of the CIP Budget; bid administration and project implementation; administrative staff support including the development of staff reports and Department presentations. City of Bell Gardens 18327 S. Garfield Ave., Bell Gardens, CA 1 (562)806 -7770 Project Contact: Chau Vu, Director of Public Works cvu @bellaardens.ora Avant -Garde has provided labor compliance, grant research, writing, program implementation and fund administration services to the City of Bell Gardens since FY 2004. Additional services include strategic planning and development of the CIP Budget; bid administration and project implementation; administrative staff support including the development of staff reports and Department presentations. LOS ANGELES METRO I One Gateway Plaza, Los Angeles, CA 1 (213) 922 -2648 Project Contact: Wendy L. White, Labor Compliance Administrator whitew @metro.net Avant -Garde has provided labor compliance services to the Los Angeles County Metropolitan Transportation Authority (METRO) since FY 2012. Services include evaluating, monitoring, and enforcing prevailing wage requirements on construction projects. This includes maintaining all required records, providing assistance to field personnel, conducting field interviews and investigations and any other duties in accordance with applicable laws and regulations governing public works projects. 21 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 39 of 61 SECTION 6. PRICE PROPOSAL Not -To- Exceed Time and Materials Proposal City of Lynwood Labor Compliance Services For the City Hall Annex Construction Project Program Program Program AVANT $3,231.00 TASKS Comp.'iance G A 1l Total Hours D Billing Rate Funding Mxnx9emmt .Community DubEdch SECTION 6. PRICE PROPOSAL Not -To- Exceed Time and Materials Proposal City of Lynwood Labor Compliance Services For the City Hall Annex Construction Project Avant -Garde anticipates the following payment /invoice schedule for the City of Lynwood's City Hall Annex project. A revised payment schedule will be submitted once a final project schedule has been determined. Month Program Program Program November 2016 $3,231.00 TASKS Director Manager Assistant Total Hours Total Cost Billing Rate $ 130.00 $ 95.00 $ 70.00 May 2017 $3,231.00 1 !Labor Compliance i 25 150 350 525 $ 42,000 Totals: 1 25 150 350 525 $ 42,000 Avant -Garde anticipates the following payment /invoice schedule for the City of Lynwood's City Hall Annex project. A revised payment schedule will be submitted once a final project schedule has been determined. Month Amount October 2016 $3,231.00 November 2016 $3,231.00 December 2016 $3,231.00 January 2017 $3,231.00 February 2017 $3,231.00 March 2017 3,231.00 April 2017 $3,231.00 May 2017 $3,231.00 June 2017 $3,231.00 July 2017 $3,231.00 August 2017 $3,231.00 September 2017 $3,231.00 October 2017 $3,231.00 22 City of Lynwood — Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 40 of 51 AVANT CGrants ompliance _ G A R ^ U E E-mmgManagement Community Outreocfi SECTION 7. ADDITIONAL STATEMENTS Avant -Garde shall adhere to all federal laws, state, and local laws and regulations. Avant -Garde shall allow authorized federal, state, county, and the City's official's access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to the Project. All relevant records shall be retained for at least three years. Avant -Garde will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Avant -Garde shall comply with the California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively. Avant -Garde is able to execute the City's Professional Services Agreement (Appendix B) for the Project. Avant -Garde did not identify any conditions or terms of the Agreement with which the firm does not agree, including terms which the firm wishes to negotiate. Our firm confirms receipt of all addenda issued on this RFP. There no addenda released. 23 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 41 of 51 Exhibit A -3 Avant -Garde Price Proposal Page 42 of 51 ; / j� T Program Gram A A $3,231.00 T Comp'.iance G A D Total Hours mu a GZme_t Com Funding nity V 0ulieoch SECTION 6. PRICE PROPOSAL Not -To- Exceed Time and Materials Proposal City of Lynwood Labor Compliance Services For the City Hall Annex Construction Project Avant -Garde anticipates the following payment /invoice schedule for the City of Lynwood's City Hall Annex project. A revised payment schedule will be submitted once a final project schedule has been determined. Month Program Program Program November 2016 $3,231.00 TASKS Director Manager Assistant Total Hours Total Cost Billing Rate $ 130.00 $ 95.00 $ 70.00 May 2017 3,231.00 1 Labor Compliance t 25 150 350 525 $ 42,000 Totals: 25 150 350 525 $ 42,000 Avant -Garde anticipates the following payment /invoice schedule for the City of Lynwood's City Hall Annex project. A revised payment schedule will be submitted once a final project schedule has been determined. Month Amount October 2016 $3,231.00 November 2016 $3,231.00 December 2016 $3,231.00 January 2017 $3,231.00 February 2017 $3,231.00 March 2017 $3,231.00 April 2017 $3,231.00 May 2017 3,231.00 June 2017 $3,231.00 July 2017 $3,231.00 August 2017 3,231.00 September 2017 3,231.00 October 2017 3,231.00 22 City of Lynwood - Labor Compliance Services for City Hall Annex Project 09.19.2016 Page 43 of 51 EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State City regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 1. 2. Standard of Performance. A. Consultant shall perform all work to the highest professional standards normally practiced by recognized consulting companies in performing services of a similar nature. The City Manager or his /her designee may from time to time assign additional or different tasks or services to Consultant, provided such tasks are within the scope of services Page 44 of 51 described in Exhibit A -1 and Exhibit A -2. However, no additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A -1 and Exhibit A -2, or those so assigned in writing to Consultant by the City Manager or his /her designee. B. The City Manager or his or her designee, shall, until further notice to Consultant, administer this Agreement and provide for immediate supervision of Consultant with respect to the services to be provided hereunder. 3. Indemnification. A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person (s), or damage to or destruction to third -party property, to the extent caused by the Consultant's negligent or willful acts or omissions of its agents, officers, directors, subcontractors, subconsultants or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions. C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the 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 Indemnitees as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to City. Page 45 of 51 4. Insurance. A. Without limiting Consultant's indemnification of Indemnitees pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below: (i) Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be $1,000,000 per occurrence for all covered losses and $2,000,000 general aggregate. (ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be 1,000,000 per accident, combined single limit. If consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the preceding subsection. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. (iii) Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits $1,000,000 per occurrence and in the aggregate. (iv) Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be $1,000,000 per occurrence and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability. Page 46 of 51 C. All insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California with a Best's rating of no less than ANIL D. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, or reduced (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel or reduce said insurance coverage. E. Consultant shall submit to City (i) insurance certificates indicating compliance with the worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement ". F. The Consultant's insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. 5. Confidentiality. Consultant in the course of its.duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 6. Ownership of Work Product. Page 47 of 51 All reports, documents or other written material developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use of dissemination by City. Such material shall not be subject to copyright application by Consultant. 7. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance off his Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant. Consultant's covenant under this section shall survive the termination of this Agreement. B. Termination. City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the vent of such termination, City obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, preserve the product of the services and turn over to City the product of the services in accordance with written instruction of City. 9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation reasonably acceptable to the City Manager, establishing that it is financially solvent, such Page 48 of 51 that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 11. Non - Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City Page 49 of 51 may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 14. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out -of -state corporation or LLC, it must be qualified or registered to do business in the state of California pursuant to sections 2105 and 17451 of California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section. 15. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder. 16. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third Page 50 of 51 i business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the appropriate officer of the City as set forth in subsection 6 -3.1 et seq. of the Lynwood Municipal Code and attested by the City Clerk. 23. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. Page 51 of 51