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HomeMy Public PortalAbout05) 7C Approval of Willdan Enginerring Agreement for Citys Home Improvement ProgramAGENDA ITEM ?.C . COMMUNITY DEVELOPMENT DEPARTMENT DATE: TO: FROM : MEMORANDUM May 16 , 2017 T he Honorab le City Counci l Bryan Cook , City Manage r Via : Michael D. Forbes , Community Development Director Scott Reimers , Plann i ng Manager By: Adam Gulick , Associate Planner SUBJECT: APPROVAL OF CONSULTANT SERVICES AGREEMENT WITH WILLDAN ENGINEERING TO PROVIDE HOUSING CONSULTANT SERVICES FOR THE CITY'S HOME IMPROVEMENT PROGRAM RECOMMENDATION : The City Council is re qu ested to : 1. Review and approve a consultant services agreement (Attachment "A ") with Willdan Enginee ring (Willdan) to provide housing consultant services for Fiscal Year (FY) 2017-18 , wh ich sha ll not exceed 20 percent of the City's home improvement program 's expenditures and shall not exceed $60 ,000 ; and 2 . Authorize the Ci ty Manager to finalize and execute the consultant services agreement with Wi lldan for FY 2017-18 . BACKGROUND: 1. Since 1995 , Temp le City has offered a deferred home improvement loan funded by the City's Community Development Block Grant (C DBG ) funds , wh ic h are received from th e Los Ange les County Community Development Commission (LACCDC). The City has also offered handyworker and energy im p rovemen t grants funded by various sources , such as the City's former Redeve lo pment Agency Hous ing Set-Aside funds (CRA), Energy Efficiency and Conservation Block Grant (EECBG) funds , and CDBG-Recovery (CDBG -R) funds . City Counc i l May 16 , 2017 Page 2 of 3 2 . Since September 20 , 2011 , Temple City has contracted with Willdan who has administered various home improvement programs for the City. The initial contract with Willdan was for FY 2011-12 . Given Willdan 's positive performance and sufficient available CDBG funds , the contract was extended two additional years , in one-year increments . 3. On June 17, 2014 , the City Council approved a new consultant services agreement not to exceed $56 ,000 with Willdan for FY 2014-15 . The agreement gave the City the option to extend the contract two additional years , in one-year increments . The contract will expire on June 30 , 2017 . 4. On January 17, 2017, the City Council allocated $203 ,000 of CDBG funds for the City's home improvement program for FY 2017-18 . The CDBG Program allows for the City to utilize up to 20 percent of the funds expended for administrative costs. 5 . On February 24 , 2017, the City issued a Request for Proposals (RFP) seeking a qualified consulting firm to administer the City's home improvement programs (Attachment "8 "). The RFP is for FY 2017-18 with the option to renew the contract for an additional four years , for a total of five years . 6 . On March 27 , 2017 , the City received two proposals by the deadline , from SJC 3 Consulting Inc . and W illdan (Attachment "C"). 7 . On April 3 , 2017 , Community Development staff met to review the submitted proposals . As specified in the RFP , City staff evaluated the submitted proposals for completeness , the consultant's experience with operating a home improvement program utilizing CDBG funds , and the consultant's ability to provide serv ices in an efficient and cost effective manner. ANALYSIS: It is standard practice for cities and counties to issue RFPs for contract services regularly to ensure that they are receiving a competitive price . The City has contracted with Willdan for housing consultant services since 2011 , with the current agreement set to expire on June 30 , 2017 . The RFP was posted on the City's website and sent to seven companies that provide CDBG administration services for various LACCDC participating cities . The City received two proposals for CDBG/housing consultant services . Community Development staff reviewed the submitted proposals and analyzed them based on the criteria specified in the RFP . It was a consensus amongst Community Development staff that Willdan was the best qualified of the two companies to provide effective , efficient , and quality home improvement services . City Council May 16, 2017 Page 3 of 3 Willdan staff dedicated to the home improvement has over 15 years of experience assisting cities and counties with administering their home improvement programs utilizing CRA , CDBG , CDBG-R , and EECBG funds . Willdan also has several yea rs of experience successfully working with the LACCDC . As a "participating city" under the LACCDC , it is important that the City hire a consultant that has experience with LACCDC's extensive procedures . Willdan staff have administered other successful home improvement programs in Pice Rivera , Bell Gardens , Artesia , Paramount, La Mirada, Irwindale , Lake Forest, La Puente , and Mission Viejo . The consultant costs will be reimbursed by CDBG funds allocated to the City 's Home Improvement Program and the Asbestos (and Lead-Based Paint) Testing and Abatement Program . The City Council allocated $203 ,000 of CDBG funds for the two programs for FY 2017-18 . As specified in the CDBG Program , a maximum of 20 percent of each program 's allocation can be used for administrative cost purposes . In addition to the maximum administrative costs ($40,600), staff recommends the consultant services agreement include an additional $19,400 to cover administrative costs in the event CDBG loans are paid back to the City or CDBG funds a re carried over from FY 2016-17 . Overs ight of the program will be provided by Community Development staff. Additionally , the LACCDC performs annual programmatic and financial audits to ensure that the City's CDBG Programs are in compliance with LACCDC and CDBG regulations . CITY STRATEGIC GOALS : Approval of the Agreement for CDBG and Housing Consultant Services with Willdan furthers the City's Strategic Goals of Public Health and Safety, Quality of Life , and Economic Development. FISCAL IMPACT: This action will not impact the FY 2017-18 City Budget. The $203 ,000 allocated for the City 's home improvement program includes 20 percent for administrative services as allowed by the CDBG Program . The agreement with Willdan is not to exceed $60 ,000 for FY 2017-18 , which includes additional funds in the event the City receives additional CDBG funds . ATTACHMENTS: A. Consultant Services Agreement with Willdan for FY 2017-18 B. City's Request for Proposal for CDBG and Housing Consultant Services C. Willdan Proposal , March 27 , 2017 RIV #4 838-6958-3880 v3 DRA FT 1127/15 AGREEMENT FOR SERVICES By and Between THE CITY OF TEMPLE CITY, a municipal corporation and Willdan Engineering , a California corporation -I- ATTACHMENT A AGREEMENT FOR SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND Willdan Engineering This Agreement for Services ("Agreement") is entered into as of this __ day of ____ , 20 _ by and between the City of Temple City, a municipal corporation ("C ity") and Willdan Engineering , a California Corporation ("Service Provider"). City and Service Provider are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties ." RECITALS A. City has sought , by a Request for Proposals (RFP), the perfo rmance of the services defined and described particularly in Section 2 of this Agreement. B. Service Provider, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement , was selected by the City to perform those services . C. Pursuant to the City of Temple City's Municipal Code , City has authority to enter into this Services Agreement and the City Manager has authority to execute th is Agreement. D. The Parties de sire to formalize the selection of Service Provider for performa nce of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein . OPERATIVE PROVISIONS NOW , THEREFORE , in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration , the value and adequacy of which are hereby acknowledged , the Parties agree as follows : SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 20 "Termination of Agreement" of th is Agreement , the Term of this Agreement is from July 1, 2017 through June 30 , 2018 . As a result of positive performances and available funds , the City may extend this Agreement for up to four (4 ) additional years , in one-year increments . RIV #4838-6958-3880 v3 DRAFT 1127115 -I - SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of SeNices . SeNice Provider agrees to perform the seNices set forth in Exhibit "A " "Scope of SeNices" (hereinafte r, the "SeNices") and made a part of this Agreement by this reference . (b) Schedule of Performance. The SeNices shall be completed pursuant to the schedule specified in Exhibit "A." Should the SeNices not be completed pu rsuant to that schedule , the SeNice Provider shall be deemed to be in Default of this Ag reemen t. The City, in its sole discret ion , may c hoose not to enforce the Default provisions of this Agreement and may instead allow SeNice Provider to contin ue perform i ng the SeNices. SECTION 3. ADDITIONAL SERVICES. SeNice Provider shall not be compensated for any work rendered in connection with its performance of this A greement that are in addition to or outs ide of the SeNices unless such additional seNices are authorized in advance and in writing in acc ordance with Section 26 "Administration and Implementation " or Section 2 8 "Amendment" of this Agreement. If and when such additional work is authorized , s uc h additional work shall be deemed to be part of the SeNices. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a ) Subject to any limitations set forth in this Agreement, City agrees to pay SeNice Provider the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference . The total compensation , including reimbursement for actua l ex penses, is limited to 20 percent of the home improvement program expenditures and shall not exceed Sixty Thousand dollars ($ 60 ,000 .00 ), unless additional compen s ation is approved in writing in accordance with Section 27 "Administration and Implementation" or Section 29 "Amendment" of this Agreement. (b) Each month SeNice Provider shall f u rnish to City an original invoice fo r all work performed and expenses incu r red during the preceding month . The invoice shall detail charges by the following categories: labor (by sub-category), trave l , materials , equipment, supplies , and subcontractor contracts . Subcontractor charges shall be detailed by the following categories: labor, travel, materials , equipment and supplies. If the compe nsation set forth in subsection (a) and Ex hib it "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task . City shall independently review each invoice submitted by the SeNice Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or ex penses are disputed , the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City , the original invoice shall be returned by City to SeNice Provider for correction and resubmis s ion . RJ V #4 838-69 58-3 880 v3 DRAFT 1127115 -2 - (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City , C ity will use its best efforts to cause Service Provider to be paid within forty-five (45) days of rece ipt of Service Provider's correct and undisputed invoice . (d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider. SECTION 5. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Service Provider's work under this Agreement, either during performance or when completed . City shall reject or finally accept Service Provider's work within sixty (60) days after submitted to City . City shall reject work by a timely written explanation , otherwise Service Prov ider's work shall be deemed to have been accepted . City 's acceptance shall be conclusive as to such work except with respect to latent defects , fraud and such gross mistakes as amount to fraud . Acceptance of any of Service Provider's work by City shall not constitute a waiver of any of the provisions of this Agreement including , but not limited to , Section 16 "Indemn ification " and Section 17 "Insuran ce ." SECTION 6. OWNERSHIP OF DOCUMENTS . All original maps , models , designs , drawings , photographs , stud ies , surveys , reports , data , notes, computer files , files and other documents prepared , developed or discovered by Service Provid e r in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used , reused or otherwise disposed of by C ity without the permission of the Service Provider . Upon comp letion , expiration or termination of this Agreement, Service Provider shall t urn over to City all such original maps , models , designs , drawings , photographs , st udies , surveys , reports , data, notes , computer files , files and other documents. If and to the extent that City utili zes for any purpose not related to this Agreemen t any maps , models , designs , drawings , photographs , studies , surveys , reports , data , notes , computer files , files or other documents prepared , deve loped or discovered by Service Provider in the course of providing the Services pursuant to this Agreement , Service Prov ider's guarantees and warranties in Section 9 "Standard of Performance" of this Agreement shall not extend to such use of the maps , models , designs , drawings , photographs , studies , surveys , reports , data , notes , computer files , files or other documents . SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS . (a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Prov ider's performance of the Services . Service Provider shall maintain any and all ledgers , books of account , invoices , vouchers , canceled checks , or other documents or records evidencing or relating to work , services , expenditures and disbursements charged to City pursuant to this Agreement. RIV #4 838-6958-3880 v3 DRAFT 1/27/15 -3 - Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and deta i led so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of th is Agreement and to the extent required by laws relating to audits of public agencies and the ir expenditures . (b) A ny and all re cords or documents required to be maintained pursuant to this section shall be made avai lable for inspectio n, audit and copying, at any time during regular business hours , upon request by City or its designated representative . Copies of such documents or records shall be provided directly to the City for inspection , audit and copying when it is practical to do so ; otherwise , unless an alternative is mutually agreed upon , such documents and records shall be made available at Se rvi ce Provider's address indicated for receipt of notice s in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lo st or discarded due to dissolution or termination of Service Provider's business , City may, by written request , require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -i n-interest and authorized representatives . SECTION 8. INDEPENDENT CONTRACTOR. (a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City . Service Provider shall have no authority to bind City in any manner, nor to incur any obligatio n , debt or liab ility of any kind on behalf of or aga inst C ity, whether by contract or otherwise , unless such authority is ex pressly conferred under this Agreement or is otherwise expressly conferred in writing by City . (b) The personne l performing the Services under this Agreement on behalf of Service Provider shall at all tim es be under Service Provider's exclusive direction and control. Neither C ity , nor any elected or appointed boards , officers , officials , employees or agents of City , shall have control over the conduct of Service Provider or any of Service Provider's officers , employees, or agents except as set forth in this Ag reement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider's officers , employees, or agents are in any manner offic ials , officers , employees or agents of City. (c) Neither Service Provider, nor any of Service Provider's officers , employees or agents , shall obtain any rights to retirement , health care or any other benefits wh ich may otherwise accrue to City's employees . Service Provider expressly waives any claim Service Provider may have to any such rights . RIV #4838-6958-3880 v3 DRAFT 1/27/15 -4 - SECTION 9. STANDARD OF PERFORMANCE. Service Provider represents and warrants that it has the qualifications , experience and facilities necessary to properly perform the Services required under this Agreement in a thorough , competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent , perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum , generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section , additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service Provider's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria , the specific standard or criteria shall prevail over the general. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Service Provider shall keep itself informed of and comply with all applicable federal , state and local laws , statutes, codes , ordinances , regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses , permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards , officers , officials , employees or agents of City , shall be liable , at law or in equity , as a result of any failure of Service Provider to comply w ith this section . SECTION 11. PREVAILING WAGE LAWS It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction , alteration , demolition , installation , or repair work performed on public buildings , facilities , streets or sewers done under contract and paid for in whole or in part out of public funds . In this context , "construction" includes work performed during the design and preconstruction phases of construction including , but not limited to , inspection and land surveying work. SECTION 12. NONDISCRIMINATION. Executive Order 11246 requires that during the performance of this Agreement, the Service Provider agrees not to discriminate against any employee or applicant for employment because of race , religion, sex , color, or national origin. The Service Provider will take affirmative action to ensure that applicants are employed , and that employees are treated during employment, without regard to their race , religion , sex , color, or national origin. Such action shall include , but not limited to , the following: employment upgrading , demotion or transfer: recruitment or recruitment advertising: layoff or termination: rates of pay or other forms of compensation : and se lection for RJV #48 38 -6958-3 880 v3 DRA FT 1/27115 -5 - training , including apprenticeship . The Service Provider agrees to post in conspicuous places , available to employees and applicants for employment , notices to be provided by the Service Provider setting forth the provisions of this nondiscrimination clause. SECTION 13. UNAUTHORIZED ALIENS. Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act , 8 U .S.C.A. §§ 1101 , et seq ., as amended , and in connection therewith , shall not employ unauthorized aliens as defined therein . Should Service Provider so employ such unauthorized aliens for the performance of the Services , and should the any liability or sanctions be imposed against City for such use of unauthorized aliens , Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed , together with any and all costs , including attorneys' fees , incurred by City . SECTION 14. CONFLICTS OF INTEREST. (a) Service Provider covenants that neither it, nor any officer or principal of its firm , has or shall acquire any interest , directly or indirectly , which would conflict in any manner with the interests of City or which would in any way hinder Service Provider's performance of the Services . Service Provider further covenants that in the performance of this Agreement , no person having any such interest shall be employed by it as an officer, employee , agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understand s and acknowledges that Service Provider is , as of the date of execution of th is Agreement, independently involved in the performance of non- re lated services for other governmental agencies and private parties . Service Provider is unaware of any stated position of City relat ive to such projects . Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section . (c) City understands and acknowledges that Service Provider will , perform non -related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section . SECTION 15 . CONFIDENTIAL INFORMATION ; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential , unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manage r, except as may be required by law. RIV #4838-6958-3880 v3 DRAFT 1/27/15 -6 - (b) Service Provider , its officers , employees, agents or subcontractors , shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions , response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena . (c) If Service Provider , or any officer, employee , agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement , then City shall have the right to reimbursement and indemnity from Service Provider for any damages , costs and fees , including attorneys fees , caused by or incurred as a result of Service Provider's conduct. (d) Service Provider shall promptly notify City should Service Provider , its officers , employees, agents or subcontractors be served with any summons , complaint , subpoena , notice of deposition , request for documents , interrogatories , request for admissions or other discovery request , court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation , to represent Service Provider or be present at any deposition , hearing or sim ilar proceeding . Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider . However, this right to review any such response does not imply or mean the right by City to control , direct , or rewrite said response. SECTION 16. INDEMNIFICATION. (a) Indemnification for Professional Liabi lity . Where the law establishes a professional standard of care for Service Provider's services , to the fullest extent permitted by law , Service Provider shall indemnify , protect, defend and hold harmless City and any and all of its officials , employees and agents ("Indemnified Parties") from and against any and all liability (including liabil ity for claims , suits , actions , arbitration proceedings , administrative proceedings , regulatory proceedings , losses , expenses or costs of any kind , whether actual , alleged or threatened , including attorneys fees and costs , court costs , interest , defense costs , and expert witness fees) arise out of, are a consequence of, or are in any way attributable to , in whole or in part, any negligent or wrongful act , error or omission of Service Provider , or by any individual or entity for which Service Provider is legally liable , including but not limited to officers , agents , employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law , Service Provider shall indemnify, protect, defend and hold harmless City , and any and all of its employees , officials and agents from and against any liability (including liability for claims , suits , actions , arbitration proceedings , administrative proceedings , regulatory proceedings , losses, ex penses or costs of any kind, whether actual , alleged or threatened, including attorneys fees and costs , court costs , interest , defense costs , and RJV #4838-6958-3880 v3 DRAFT 1/27115 -7 - expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part , the performance of this Agreement by Service Provider or by any individual or e ntity fo r which Service Provider is legally liable , including but not limited to officers , agents , employees or sub -contractors of Service Provider. (c) Indemnification from Subcontractors . Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by , for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein , Service Provider agrees to be fully responsible according to the terms of this section . Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors , assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section . (d) Limitation of Indemnification . Notwithstanding any provision of this section to the contrary , design professionals are required to defend and indemn ify the City only to the extent permitted by Civil Code Section 2782 .8 , which limits the liability of a design professional to claims , suits , actions , arbitration proceedings , administrative proceedings , regulatory proceedings, losses , expenses or costs that arise out of, pertain to , or relate to the negligence , reckle ssness , or willful misconduct of the design professional. The term "design professional ," as defined in Section 2782 .8 , is limited to licensed architects , licensed landscape architects , registered professional engineers , professional land surveyors , and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (e) City 's Negligence . The provisions of this section do not apply to claims occurring as a result of City's sole neg ligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials , employees and agents . SECTION 17. INSURANCE. Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager . Service Provider agrees to prov ide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capabi lity of the persons RIV #4838-6958-3880 v3 DRAFT 1/27/15 -8 - and entities who will fulfill the duties and ob ligations imposed upon Service Provide r under th is Agreement. In re cognition of that interest, Se rvi ce Provid e r shall not ass ign or transfer this Agreement or any portion of th is Agreement or the performance of any of Service Provider's duties or obligations under th is Agreement without the prior written consent of the City . Any attempted assignment shall be ineffective , null and void , and shall constitute a material breach of this Ag reement entitling City to any and all remedies at law or in equity , including termination of this Agreement pursuant to Section 20 "Termination of Agreement." City acknowledges , however, that Service Provider, in the performance of its duties pursuant to this Agreement, may util iz e subcontractors . SECTION 19. CONTINUITY OF PERSONNEL. Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider's staff and subcontracto rs , if any, assigned to perform the Services . Service Provider shall notify City of any changes in Service Provide r's staff and sub-contractors , if any , assigned to perform the Services prior to and during any such perfo rmance . SECTION 20. TERMINATION OF AGREEMENT. (a) City may te rminate this Agreement, with or without cau se , at any time by giving thirty (30) days written notice of termination to Serv ice Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress . (b) Service Provider may terminate this Agreement for cause at any t ime upon th irty (30 ) days written noti ce of termination to City. (c) If either Serv ice Provider or City fail to perform any material obl igation under thi s Agreement , then , in addition to any other remedies , e ither Service Provider, or City may terminate this Agreement immediately upon written notice . (d) Upon termination of this Agreement by either Service Provider or City , all property belonging exclusively to City which is in Service Provide r's possession shall be returned to City . Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. SECTION 21. DEFAULT . In the event that Service Provider is in default under the terms of this Agreement, the C ity shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead , the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Servi ce Provider may cure the default. This timeframe is presumptively thirty (30) days , but may be extended , though not reduced , if RlV #4 8 38-6958-3880 v3 DRAFT 1127115 -9 - circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall , when the default is cured, proceed with payment on the invoices. In the alternative , the City may , in its sole d iscret io n , elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 "Termination of Agreement." Any fa ilure on the part of the City to give notice of the Service Provider's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provis io n of this Agreement. SECTION 22. EXCUSABLE DELAYS. Service Provider shall not be liable for damages, including liquidated damages , if any , caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes includ e, but are not limited to , acts of God , acts of the public enemy, acts of federal , state or local governments , acts of City , court orders , fires , floods , epidemics , strikes, embargoes , and unusually severe weather. The term and price of this Agreement shall be equ itably adjusted for any delays due to such causes . SECTION 23 . County Lobby Certfication and Executive Order 11246 (EOE). It is understood that each person/entity/fi rm who applies for a Community Development Commission contract, and as part of that process , shall certify that they are fam iliar with the requirements of the Los Angeles County Code Chapter 2 .160, (Los Angeles County Ordinance 93-0031) and ; that all persons/entity/firms acting on behalf of the above named Service Provider have and will comply with the County Code , and ; that any person /entity/firm who seeks a contract with the Community Development Commission shall be disqualified there from and denied the contract and , shall be liable in civil action , if any lobbyist, lobbying firm , lobbyist employer or any other person or entity acting on behalf of the above named Service Provider fails to comply w ith the provisions of the County Code . SECTION 24. COOPERATION BY CITY. All public information , data , reports , records , and maps as are existing and available to City as public records , and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate , without undue delay, the Services to be performed under this Agreement. RfV #4 838-6958-3880 v3 DRAFT 1/27/15 -I 0- SECTION 25. NOTICES. All notices required or permitted to be given under th is Agreement shall be in writing and shall be personally delivered , or sent by telecopier or certified mail , postage prepa id and return receipt requested , addressed as follow s : To City: City of Temple City Attn : City Manager 9701 Las Tunas Dr. Temple City , CA 91780 To Service Provider: Willdan Engineering 13191 Crossroads Pkwy North Sujte 405 City of Industry , CA 91746 Notice shall be deemed effective on the date personally delivered or transmi tted by facsim ile or, if mailed , three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 26. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/she/they has /have the authority to so e xecute this Agreement and to bind Service Provider to the performan ce of its obligat ions hereund er. SECTION 27. ADMINISTRATION AND IMPLEMENTATION . This Agreement shall be administered and executed by the City Manager or his or her designated representative . The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement , including amendments that commit additional funds, consistent w ith Section 28 "Amendment" and the C ity Manager's contracting authority under the Temple City Municipal Code . SECTION 28. BINDING EFFECT. This Agreement shall be binding upon the he irs , executors , adm i nistrato rs , successors and assigns of the Parties . SECTION 29 . AMENDMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under th is Agreement, as amended , would not exceed th e City Manager's contracting authority under the Temple City Municipal Code . All other RJV #4838-6958-3880 v) DRAFT 1127/15 -11 - Manager's contracting authority under the Temple City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void . SECTION 30. WAIVER. Waiver by any Party to this Agreement of any term , condition, or covenant of this Agreement shall not constit ute a waiver of any other term , cond it ion , or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement. SECTION 31. LAW TO GOVERN; VENUE. This Agreement shall be interpreted , construed and governed according to the laws of the State of California . In the event of litigation between the Parties , venue in state trial courts shall lie exclusively in the County of Los Angeles , California . In the event of litigation in a U.S . District Court , venue shall lie exclusively in the Central District of California , in Los Angeles . SECTION 32. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of th is Agreement , the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees , costs and expenses , in addition to any other relief to which it may be entitled . SECTION 33. ENTIRE AGREEMENT. This Agreement , including the attached Exhibits "A" through "C", is the entire , complete , final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings , whether oral or written , or entered into between Service Provider and City prior to the execution of this Agreement. No statements , representations or other agreements , whether oral or written , made by any Party which are not embodied herein shall be valid and binding . SECTION 34. SEVERABILITY. If any term , condit ion or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid , void or unenforceable, the rema ining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid , void or unenforceable provision(s). RIV #4838-6958-3880 v3 DRAFT 1/27/15 -12- SECTION 35. CONFLICTING TERMS. Except as otherw ise stated herein , if the terms of this Agreement confli ct with the terms of any Exhibit hereto , or with the terms of any document incorporated by reference into this Agreement , the terms of this Agreement shall control. IN WITNESS WHEREOF , the Parties hereto have exe c uted this Agreement on the date and year first-above written . ATTEST: Peggy Kuo City Clerk RIV #4 838-6958-3880 v3 DRAFT 1/27 /15 - 13 - CITY OF TEMPLE CITY Bryan Cook City Manager APPROVED AS TO FORM Eric S . Vail City Attorney NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION , OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. RJV #48 38-6958-3880 v3 DRAFT 1127/15 -14 - A notary public or other officer completing this certificate verifies only th e identity of the individual who signed the doc ument to which this certificate is attached , and not the truthfulness , acc uracy, o r validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGE LES On V\ C\ Y d Date Name of Signer(s) who proved to me on the basi s of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within inst rument and acknowledged to me that he/sh e/they exec uted the same in his/her/their authorized capa city(ies), and that by his/her/the ir signature(s) on th e instrument the person (s), or the entity upon behalf of which the pers on (s) acted , executed the instrument. I ce rtify under PENALTY OF PERJURY unde r the laws of the State of California that the fo regoi ng paragraph is true and correct. WITNESS my hand and official seal. \fY?~~,~~ OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: \N ; 1\ ~ ti',Y"""l Ctc 1 l ? "''J!J1 Individual Corporate Officer Tltle(s) Partner(s) Lim ited Attorney-In-Fact Trustee(s) Guardian/Conservator Other: S igne r is representing : Name Of Person(s) Or Entity(les) RJV /14838-6958 -3880 v3 DRAFT tn 111 5 General DESCRIPTION OF ATIACHED DOCUMENT A 'jve.-e_ yY\(Y\--\-' -Po...r S e-r'-1 t'c-&.5 Tille or Type of Document Number Of Pages \ '}0,, 6ate Of Document Signer(s) Other Than Named Above EXHIBIT "A" SCOPE OF SERVICES I. Service Provider will perform the following Services: A. Administer the City's Community Development Block Grant Program . B. Administer the City's Housing Rehabilitation Program. C . Conduct preliminary interviews with property owners to determine the household 's eligibility status and improvements for dwelling un it. D. Process applications for the Housing Rehabilitation Program funding for eligible homeowners . E. Obtain all required supporting documentation including income verification , value of property , condition of title , and credit worthiness of applicant, as applicable . F . Conduct property inspections and prepare work write -ups and , if necessary, cost estimates . G . Complete all applicable CDBG documents relating to the improvement activities , inclusive of: lead-based paint requirements , historical preservation review , etc. H . Prepare specifications and bid documents , and review rece ived b ids with homeowner. I. Approve selection of contractor, and prepare and execute documents for financial assistance to homeowner. J . Obtain contractor clearances for non-inclusion on the Federal Debarred/Suspended List and determine that contractor is licensed and bonded through the State License Co ntractor's Board . K . Conduct pre-construction conference to review all proposed work with the homeowner and contractor. L. Conduct asbestos and lead-based paint initial inspections; ensu re that contractor's abate asbestos/lead -based paint according to the report . Ca ll for final inspection after construction is comp lete . RJV #4838-6958-3880 v3 DRAFT 1127/15 A-I M . Conduct progress inspections to ensure that work is proceeding in a timely manner and to authorize and disburse progress payments . N. Execute and record Notice of Completion upon final inspection certifying that the improvements have been completed in a ccordance with co ntract requirements . 0 . Acquire lien releases from contractors and subcontractors , obtain homeowner's authorization for final payment, and execute close-out of contractors work by ensuring that the permanent file contains required documentation for LACDC monitoring and audit purposes. P . Prepare monthly p rogress reports to City staff. Q. Assist C ity staff with preparing funding requests for the Housing Rehabilitat ion , Asbestos Testing /Abatement , and Youth Scholarship Programs. R. Provide the City with program accomplishment data , needed for the Quarterly Performance Reports to th e LACDC . S. Generate language for community marketing and outreach for the Housing Rehabilitation Program . II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City: A. Complete CDBG documents related to home improvement activates . B. Documentation of eligibility of program participants . C . Contractor clearances and/or certifications . D. Progress inspection reports . E . Notices of completion. RJV #4 838-6958-3880 v3 DRAFT 1/2711 5 A -2 Ill. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports : A. Monthly progress reports with information relating to people on the waiting list , people that did not qualify, projects pending , projects under construction , and projects completed . B. Quarterly Performance Reports (QPR) IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule: A. One (1) monthly progress report for each month of the Calendar Year staring with the commencement of the Agreement. B . One (1) Quarterly Performance Report provided every three months starting with the commencement of the Agreement. V. Service Provider will utilize the following personnel to accomplish the Services: A. Sandi Medrano, Program Coordinator B. Jane Freij, Labor Compliance Manager C . Andre Dupre , Co-Program Coordinator/Principal Planner D . Dean Sherer, Principal Planner VI. Service Provider will utilize the following subcontractors to accomplish the Services: A. N/A B . N/A C . N/A D . N/A RfV #4838-6958-3880 v3 DRAFT 1/27/15 A-3 EXHIBIT "B" COMPENSATION I. Service Provider shall use the following rates of pay in the performance of the Services: A. Program Coordinator $70.00 [job] [hourly ra te] B. Labor Comp liance $130 .00 [job] [hourly rate] Co-Program Coordinator/ $146 .00 C . Princi[2al Planner [job] [hourly rate] D . Principal Planner $146.00 [job] [hourly rate] E . [job] [hourly rate] II. Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed $ N/A per hour without written authorization from the City Manager or his designee. Ill. The total compensation for the Services is limited to 20 percent of the home improvement program (loan/grant program and asbestos testing/abatement grant) expenditures and shall not exceed $ 60,000 , as provided in Section 4 "Compensation and Method of Payment" of this Agreement. RIV #4838-6958-3880 v3 DRAFT 1/27/15 8-1 EXHIBIT "C" INSURANCE A. Insurance Requirements. Service Provider shall provide and maintain insurance , acceptable to the City, in full force and effect throughout the term of this Agreement , against cla ims for injuries to persons or damages to property whi c h may arise from or in connection with the performance of the Services by Service Provider, its agents , representatives or employees . Insurance is to be placed with insurers with a current A .M . Best's rating of no less than A:VII. Service Provider shall provide the following s cope and limits of insurance : 1. Minimum Scope of Insurance . Coverage shall be at lea st as broad as : (1 ) Commercial Genera l L iability . Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001 ). (2 ) Automobile . Insu rance Services Office form numbe r CA 0001 (Ed . 1/8 7) covering Automobile Liability , including code 1 "any auto " and endorsement CA 0025, or equivalent forms subject to the written approval of the City . (3) Workers ' Compensation. Workers' Compensation insurance as required by the Labor Code of State of Ca lifornia covering all persons providing Services on behalf of the Service Provider and all risks to such persons under this Agreement. (4) Professional Liabil ity . Professional liability insurance appropriate to the Service Provider's profession . Th is coverage may be written on a "claims made" basis , and must include coverage for contractual liability . The profess ional liability insurance requ ired by this Agreement must be endorsed to be applicable to claims based upon , arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider's services or the termination of this Agreemen t. During this additional three (3) year period , Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage . 2 . Minimum Limits of Insurance . Service Provider shall maintain limits of insurance no less than : (1) Commercial General Liability . $1 ,000 ,000 general aggregate for bodily injury , personal injury and property damage . RlV #4 83 8-6958-3880 v3 DRAFT 1/2711 5 C-1 (2) Automobile . $1 ,000 ,000 per accident for bodily injury and property damage . A combined singl e limit policy with aggregate limits in an a mount of not less than $2 ,000 ,000 shall be considered equivalent to the said required minimum limits set forth above . (3) Workers' Compensation. Workers ' Compensation as required by the Labor Code of the State of California of not less than $1 ,000 ,000 per occurrence . (4) Professional Liability . $1,000 ,000 per cla im and $2 ,000 ,000 annual aggregate. B. Other Provis ion s . Insurance poli c ies required by this Agre eme nt shall contain the following provisions : 1 . All Policies . Each insurance policy required by this Agreement shall be endo rsed and state the coverage shall not be suspended , voided, cancelled by the insurer or either Party to this Agreement , reduced in coverage or in lim its except after 30 days' prior written notice by certified ma i l, return receipt requested , has been given to C ity . 2. Commercial General Liability and Automobile Liability Coverages . (1) City , and its respective elected and appointed officers , officials , and employees and volunteers are to be covered as additional insureds as respects : liability arising out of activities Service Provider performs ; prod ucts and completed operations of Service Provider ; premises owned , occupied or used by Service Provider; or automob iles owned , leased , hired or borrowed by Serv ice Provider . The coverage shall conta in no special limitations on the scope of protection afford ed to City , and their respective elected and appointed officers , officials , or employees . (2) Service Provider's insurance cove rag e shall be primary insurance with respect to City , and its respective elected and appo inted , its officers , officials , employees and volunteers . Any insurance or self-insurance mainta ined by City , and its respective elected and appointed officers , officia ls , employees or volunteers , shall apply in e xcess of, and not contribute w ith , Service Provider's insurance . (3) Service Provide r's insurance shall apply separately to each insured against whom cla im is made or suit is brought, except with respect to the limits of the insurer's liability. (4) A ny failure to comply with the reporting or other provis ions of the insurance policies , includ ing breaches of warranties , shall not affect coverage RlV #4838-6958-3880 v3 DRAfT 1/27115 C-2 provided to City, and its respective elected and appointed officers , officials , employees or volunteers . 3. Workers' Compe nsation Coverage . Unless the City Manager otherwise agrees in writing , the insurer shall agree to waive all rights of subrogation against City, and its respect ive elected and appointed officers , officials , employees and agents for losses arising from work performed by Service Provider. C. Other Requirements . Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with . The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit "C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required in sura nce policies , at any time . 1. Service Provider shall furnish certificates and endorsements from each subcontractor identical to those Service Provider provides . 2. Any deductib les or self-insured retentions must be declared to and approved by City . At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials , employees and volunteers or the Service Provider shall procure a bond guaranteeing payment of lo sses and related investigations , claim administration , defense expenses and claims. 3 . The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. RJV #4 838-6958-3880 v3 DRAFT 1/27115 C -3 ATTACHMENT B REQUEST FOR PROPOSAL COMMUNITY DEVELOPMENT BLOCK GRANT CONSULTANT SERVICES Iss ue Date: Proposals Due : Send Proposals to : (1 hardcopy+ 1 digital copy) Mark Envelope : Contact Person : February 24 , 20 17 March 27 , 2017 , 4 p.m . PST Attn: Adam Gu lick Co mmuni ty Development Department C ity of Temple City 9701 Las Tunas Dr. Temp le City , CA 91780 PROPOSAL-Community Development Block Grant Co ns ul tant Services Ada m Gulick , Associate Plan ner (626) 656-7316 , ext. 4313 agulick@templecity .us Temple C ity , RFP-CDBG Consultant Page 2 TABLE OF CONTENTS IN TRODUCTION SCOPE OF SERVIC E S N ECESSARY Q UA LIFI CATIONS GEN ERAL CON D IT IO N S S UBMITTAL REQ U IR E M E NT S EVAL UATION AND S ELECTION PROCESS A TTACHMENTS • ATTACH MENT 1 -SAMPLE SE RV ICES AGREEM E NT 3 3 4 5 7 8 Temple City , RFP-CDBG Consul tant Page 3 INTRODUCTION The City of Temple City (City) is centrally located in the west San Gabriel Valley approximately five miles southeast of Pasadena and 13 m iles northeast of downtown Los Angeles . The C ity is approximately 3.85 square miles and is surrounded by the cities of Arcadia , San Gabriel , El Monte, Rosemead , and unincorporated portions of Los Angeles County . The 2010 U.S. Census Bureau indicates a total population of 35 ,558. Temple City is predominantly a residential community with over 10 ,000 residential parcels. The City is requesting proposals from qualified contractor(s) to provide consultant services for the City's Community Development Block Grant (CDBG) housing rehabil itation programs , and assist with . SCOPE OF SERVICES The City 's CDBG funds are administered by the Los Angeles County Community Development Commission (LACDC). The fund ing amounts for Fiscal Year (FY ) 2017- 2018 is anticipated to be $230 ,000 with an annual allocation of approximate ly $179 ,000 . The amounts may decrease , as there have been on-going budget cuts to the CDBG Program . The consultant shall be responsible for the daily activities of the City's CDBG housing rehab i litation programs . The City currently offers a Housing Rehabilitation Loan up to $35 ,000 , a Handyworker Grant up to $10 ,000 , and an associated Asbestos and Lead-Based Paint Testing and Abatement Grant. The City also offers a Youth Scholarship Program that assists low-income households by covering a portion of the registration fees for recreation classes offered by the City's Parks and Recreation Department. The ideal consultant shall be familiar with the LACDC 's online system (i .e ., entering client and contractor information into the LAC DC 's online system , obtaining environmental clearance from the LACDC for each property , prepare quarterly performance reports , prepare funding requests ). The ideal consultant shall a lso be familiar with s i ngle-family residential construction improvements, preparing detailed work write -ups , reviewing income documentation to qualify and approve appl icants , preparing residential construction contracts and agreements , preparing deeds of trusts , and reviewing contractor invoices . The consultant shall ensu re that the City's CDBG programs comply with requirements of the source(s) of the funds being used and any other legal requirements that may app ly , such as truth-in-lending and fair housing . The consultant shall maintain the utmost accuracy in documentation and filing system that meets or exceeds the requiremen ts of the funding source. The consultant shall manage program workflow to ensure the timely expenditure of funds and meet the City's annual goals for the number of housing rehabilitation completed . The consultant shall prov ide monthly updates to the Community Development Director relating to housing rehab ilitation projects pending , under construction , completed , etc . Temple City , RFP-CDBG Co nsultant Page 4 The consultant shall prepare City Council staff reports relating to the City's CDBG programs and allocations . The consultant shall also participate in any program reviews or audits . The consultant may also be required to provide contract administration , project management, and /or labor compliance for public works construction projects . SUPPLEMENTAL FUNDING SOURCES The consultant may be required to assist in identifying and applying for additional funding sources , such as grant funds to expand related housing services and /or create new housing program(s) or service(s). TERM OF CONTRACT The term of the contract will be from July 1, 2017 through June 30 , 2018. The City has included an option to extend the contract up to three (3) additional years , in one-year increments , based on the consultant's performance and availability of funds . NECESSARY QUALIFICATIONS The City of Temple City seeks the following : 1. Experience . The selected contractor must have demonstrated relevant experience in providing CDBG consultant services and proficiency with single- family residential rehabilitation as described under the Scope of Services . The contractor must also demonstrate that they have experience navigating the City's LACDC online system . Substantiation must be provided regarding the nature of serv ices provided to the client cities or agencies . A comprehensive list of references of cities served must be provided . Cite examples of qualifying housing rehabilitation programs with dates , contact persons , and scope of work performed . The submittal shall clearly state the number and type of programs or services performed . 2. Staff Qualifications. Staff assigned to complete the Scope of Services must have relevant experience in providing the necessary services as described under the Scope of Services . In particular , the Project Manager shall have experience with the LACDC 's online system. All personnel assigned to the work must possess appropriate certifications or registrations as required by State or Federal agencies , if any. 3. Contact Person. The contractor will be required to identify the person who will be the Project Manager and primary contact person . Other staff or sub- contractors may be identified as the specialist in the specific areas or for specific tasks . These individuals must , within reasonable limitations , be accessible to City staff during business hours . Temple Ci ty, RFP-CDBG Consultant Page 5 4. Organization and Staffing. Contractor shall provide a description of the Project Manager, other key staff and sub-contractors , if any , and their relationship with City operations. The Contractor shall provide resumes for all staff members and sub-contractors, if any . Provide an Organization Table illustrating the staff hierarchy and responsibilities as it would pertain to the scope of work in this document. GENERAL CONDITIONS 1. The City of Temple City shall not be liable for any pre-contractual expenses incurred by any consultant , nor shall any firm include such expenses as part of the proposed cost. Pre -contractual expenses include any expense incurred by a qualification and negotiating any terms with the City . 2 . The City reserves the right to withdraw this Request for Proposal (RFP) at any time without prior notice and to reject any and all proposals submitted without indicating any reasons . Any award of contract for services will be made to the contractor best qualified and responsive in the opinion of the City. 3. Proposals may, at the City's option , be rejected if they contain any alterations , additions, conditional or alternatives , are incomplete , or contain erasures or irregularities of any kind . The City reserves the right to reject any and all proposals . The City expressly reserves the right to postpone submittal opening for its own convenience and to reject any and all submittals responding to this RFP . 4 . The selected contractor must agree to indemnify , hold harmless and defend the City , its officers , agents and assigns from any and all liability or loss resulting from any suits , claims or actions brought against the City which result directly or indirectly from the wrongful or negligent actions of the contractor in the performance of the contract. 5 . The selected contractor shall provide insurance in the amount specified in the attached agreement. 6 . The selected contractor will be required to comply with all existing State and Federal labor laws including those applicable to equal opportunity employment provisions. 7 . Contractor is required to have in full force and affect all licenses and permits required by all applicable laws. Contractor shall obtain a Temple City Business License during the term of the contract. 8. Contractor shall at all times conduct his /her services with the utmost respect to the public . All employees of the Contractor shall wear clean clothing in the performance of their duties and equipment shall be cleaned and maintained in a Temple City , RFP-CDBG Con su ltant Page 6 safe operating manner. All equipment shall be subject to inspection by the City at any time . All personnel shall wear appropriate safety gear at all times while working in Temple City . Contractor shall provide satisfactory warning dev ices that meet the requirements of the California Occupational Safety and Health Act (Cal- OSHA) for protection of workers when and where required at all times in the performance of this contract. 9 . Contractor, its agents , and employees shall comply with all laws , ordinances , rules and regulations of the Federal , State , the County of Los Angeles , the City of Temple City and all governing bodies having jurisdiction applying to work done under the agreement. 10 . The City reserves the right to negotiate special requirements and proposed service levels using the selected qualification as a basis. Compensation for services will be negotiated with the selected firm. 11. The selected contractor shall not sublet any portion of the agreement with the City without express written permission of the City Manager or his or designated representative. 12. No discrimination shall be made in the employment of persons because of the race , color, or religion of such persons and every bidder in violation of this section is subject to all penalties imposed for a violation of Chapter 1 of Part VII , Division 2 of the Labor Code, in accordance with the provis ions of Section 1753 thereof. 13 . The City reserves the right to review and approve the qual ifications of subcontracting firms or persons. Substitutions, which are not approved , are considered sufficient grounds for termination of contract. 14 . The City , or any of its d uly authorized representatives , shall have access to and the right to examine , audit, excerpt , copy or transcribe any pertinent transaction , activity , time and work records, employment records or other records relating to employment. Such material , including all pertinent cost accounting , financial records and proprietary data , will be kept and maintained by the firm for a period of at least five (5) years after completion of a contractor 's performance unless the City 's written permission is given to dispose of same prior to that time . 15 . All responses to this RFP shall become the property of the City of Temple City and will be retained or disposed of accordingly. 16 . No amendments , additions , or alternates shall be accepted after the submission date and time . Temple City , RFP-CDBG Consultant Page 7 17. All documents , records , designs, and specifications developed by the selected contractor in the course of providing services for the City of Temple City shall be the property of the City. Anything considered to be proprietary should be so designated by the firm . 18 . Acceptance by the City of any proposal submitted pursuant to this RFP shall not constitute any implied intent to enter into a contract for services . 19 . The City reserves the right to issue written notice to all participating contractors of any change in the RFP submission schedule should the City determine , in it s sole discretion, that such changes are ne cessary. 20 . The consultant must be eligible to enter into a federally-funded contract though verification of the Excluded Parties List System accessible through www .sam .gov. SUBMITTAL REQUIREMENTS 1. The submittal should be typed and as brief as possible while adequately describing the qualifications of the contractor . 2. All proposals are to be submitted in a sealed package , clearly marked with the firm 's name , address and phone numbe r, and the words "RFP -CDBG Cons ultant Services". Only one submittal per co ntractor will be considered . 3. The proposing contractor shall submit the following information with the package , including the same information on subcontractors , in the following format: a. Cover Letter. Cover letter shall not exceed three pages . The cover letter shall provide an executive summary of the proposal. The cover letter should include the name , address and phone number of the firm , the primary contact name , email address and phone number, an executive summary of the proposal including qualifying statements or comments regarding the submittal and ide ntification of any sub-contractors and their responsibilities . The signed letter should also include a paragraph stating that the firm is unaware of any conflict of interest in performing the proposed work . b. Relevant Experience. This portion should include a description of the qualifications of the assigned staff and sub-contractors , pertinent LACDC online system experience , relevant single-family rehabilitation program experience , and the availability of the staff for the services provided . A list of related projects should be included with the name of the contact person , email address and the telephone number for which the contractor has recently or currently provides services as outlined under the Scope of Work . A comprehensive list of references of at least three cities served must be provided . Te mpl e City, RF P -CDB G Consu ltant Page 8 c. Approach and Schedule. Provid e your se rvice approach and estimated timeframe for completing a home improvem e nt loan proj ect and a handyworker grant project. d. Costs. Contractor must submit a proposal that includes the prop ose d fee , including hours , hourly rates for various tasks , and any direct expenses that will be charged to the City . A clause will be included in th e Service Agreement specifying that the hourly rates may increase each fiscal year by the lesser of three (3) percent or the Consumer Price Index for the Los Angeles-Riverside-Orange County areas . e. Acceptance of Conditions . This section will be a statement offering the contractor's acce ptance of all conditions listed in the RFP document. Any exceptions or suggested changes to the RFP, or any contractual obligations , including the suggested change , the reasons therefore and the impact it may have on cost or other considerations on the contractor's behalf must be stated in the submittal. Unless specifically noted by the co ntractor, the City will assume that the proposal is in compliance with all aspects of the RFP . EVALUATION AND SELECTION PROCESS Selection will follow the se steps : 1. Proposal Review: Each proposal w ill be reviewed to determine if it meets the RFP requirements . Failure to meet the requirements of th e RFP will be cause for rejection . Proposals will be evaluated on the following items : • LACDC CDBG Experience • Single-Family Rehabilitation Experience • Approach and Schedule • Consultant Experience and Staffing Capacity • Overall Strength of Proposal 2. Interview: A list of most qual ified contractors may be interviewed by an oral board at the March or April. 3. Services Agreement: The City Manager will request a services agreement subject to negotiatio n of a specified work program or scope of services , t erms of payment and other City requirements from the contractor found most qualified . Nothing in this RFP s hould imply a contractual obligation for employment. 4. Contract Approval and Execution: It is anticipated that the agre eme nt will be presented to the City Council for approval in May or June and execution by the City Manager . Temple City , RFP-CDBG Consu ltant Page 9 Please subm it three (3) hard copies and one (1) digital copy in PDF format of the proposal no later than 4 :00p.m . on March 27 , 2017 to: City of Temple Ci ty c/o : Co mmunity Development Department 97 01 Las T unas Drive Temple City , CA 91780 Attn: Adam Gulick, Associate Planner If you have any questions regarding this RFP , please contact Adam Gulick, Associate Planner at (626) 656-7316, Ext. 4313 or agulick@templecitv.us Postmark s will not be accepted . RIV #4838-6958-3880 v3 DRAFT 1127/15 AGREEMENT FOR SERVICES By and Between THE CITY OF TEMPLE CITY, a municipal corporation and -I- AGREEMENT FOR SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND Th is Agreeme nt for Services ("Agreement") is entered into as of this __ day of ____ , 20_ by and between th e City of Temple City , a municipal corporatio n ("City") and , a ("Service Prov ider"). City and Service Provider are sometimes hereinafter individually referred to as "Party " and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought , by a Request for Qualifications (RFQ), t he performance of the services defined and described particula rly in Section 2 of this Agreement. B. Service Prov ider , following submiss ion of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services . C. Pursuant to the C ity of Temple City's Municipal Code , City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement. D . The Parties desire to formalize the se lection of Service Prov ider for performance of those serv ices defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein . OPERATIVE PROVISIONS NOW, THEREFORE , in consideration of t h e mutual promises and covenants made by the Parties and con ta ined here and other consideration , the value and adequacy of which are hereby acknowledged , the Parties agree as follows : SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement , the Term of th is Agreement is from July 1, 2017 through June 30 , 2018 . As a result of positive performances and available funds , the City may extend this Agreement for up to three (3) additional years , in one-year increments . RJ V #48 38-6958-3880 v3 D RAFT 1/27 /15 -I - SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE . (a) Scope of Services . Service Provider agrees to perform the services set forth in Exhibit "A" "Scope of Services" (hereinafter, the "S ervices") and made a part of this Agreement by this reference . (b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit "A." Should the Services not be completed pursua nt to that schedule , the Service Provider sh all be deem ed to be in Default of this Agreement. The City , in its so le discretion , may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Serv ices . SECTION 3. ADDITIONAL SERVICES. Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Serv ices unless such additional serv ices are authorized in advance and in writing in accordance with Section 26 "Administration and Implementation" or Section 28 "Amendment" of th is Agreement. If and when such additional work is authorized , such additional work shall be deemed to be part of the Services. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a ) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibi t "B" "Compensation " and made a part of th is Agreement by this reference . The total compensation , i ncluding reimbursement for actual expenses , shall not exceed dollars ($ ), unless add itional compensation is approved in writing in accordance with Section 26 "Administration and Implementation " or Section 28 "Amendment" of this Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detai l charges by the following categories : labor (b y sub-category), travel , materials , equipment, supplies, and subcontractor contracts . Subcontractor charges shall be detailed by the following categories: labo r, travel , materials , equipment and supplies . If the compensation set forth in subsection (a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum ), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task . City shall independently review each i nvoi ce subm itted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed , the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City , the original invoice shall be returned by City to Service Provider for correction and resubmiss ion. Rl V #4838-6958-3880 v3 DRA FT 1/27/15 - 2 - ------- (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City , Ci ty will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider's correct and undisp uted invoice . (d) Payme nt to Service Provider for work performed pursuan t to th is Agreement shal l not be deemed to wa ive any defects in work performed by Service Provider. SECTION 5 . INSPEC TI ON AND FINAL ACCEPTANCE . City may inspect and accept or reject any of Service Provider's work under this Agreement , either du rin g performance or when comp leted . City shall reject or finally accept Service Provider's work within s ixty (60) days after submitted to City . City shall reject work by a timely written explanation , otherwise Service Provider's work shall be deemed to have been accepted . City's acceptance sha ll be conclusive as to such work except with respect to latent defects , fraud and such gross m istakes as amount to fraud . Acceptance of any of Service Provider's work by City shall not constitute a waiver of any of the provisions of this Agreement including , but not limited to , Sect ion 16 "Indemnification " and Section 17 "Insurance." SECTION 6 . OWNERSHIP O F DOCUMENTS. All original maps , mode ls , designs , drawings , photographs , studies , surveys , reports , data , notes , computer files , fi les and other documents prepared , developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used , reused or otherwise disposed of by City without the permission of the Service Prov ider. Upon completion , expiratio n or term ination of this Agreement, Service Provider shall turn over to City all such original maps, models , designs , drawings , photographs , studies , surveys, reports , da t a, notes , computer fi les , fi les and other documents . If and to t he ext ent that City uti li zes for any purpose not related to this Agreement any maps , models , designs , drawings , photographs , studies , surveys , reports , data , not es, computer files , fi les or other doc uments prepared , developed or discovered by Service Provide r in t he course of providing the Services pursuant to this Agreement, Service Prov ider's gua ran t ees and warranties in Section 9 "Standard of Performance" of this Agreement shall not extend to such use of the maps , models , designs , drawings , photographs , studies, surveys , reports , data , notes , computer files , f iles or other doc uments . SECT ION 7. SERVICE PROVIDER'S BOOKS AND RECORDS . (a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider's performance of the Services. Service Provider shall maintain any and all ledgers, books of account , invoices , vouchers , canceled checks , or other docume nts or re cords evidencing or relating to work , services , expenditu res and disbursements charged to City pursuant to this Agreement. RI V 114838-6958-3880 v3 DRAFT 1/27/15 -3 - Any and all such documents or records shal l be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made ava ilable for inspection , audit and copying , at any t ime during regular business hours , upon request by City or its designated representative . Copies of such documents or records shall be provided directly to the City for inspection , audit and copying when it is practical to do so ; otherwise , unless an alternative is mutually agreed upon , such documents and records shall be made available at Service Provider's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider's bus iness , City may, by written request , require that custody of such documents or records be given to the City . Access to such documents and records shall be granted to City , as well as to its successors-in-interest and authorized representatives . SECTION 8. INDEPENDENT CONTRACTOR. (a) Service Provide r is and shall at all times remain a wholly independent contractor and not an officer , employee or agent of City . Serv ice Provider shall have no authority to bind City in any manner, nor to incur any obligation , debt or liab ility of any kind on behalf of or against City , whether by contract or otherwise , unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City . (b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider's exclusive direction and control. Neither City , nor any elected or appointed boards , officers , officials , emp loyees or agents of City , shall have control over the conduct of Service Provider or any of Service Prov ider's officers , employees , or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Serv ice Prov ider or any of Service Provider's officers , employees , or agents are in any manner officials , officers , employees or agents of City. (c) Neither Service Provider, nor any of Service Provider's officers , employees or agents, shall obtain any rights to retirement , health care or any other benefits which may otherwise accrue to City's employees . Service Provider expressly waives any claim Service Provider may have to any such rights . Rl V #48 38-6958-3880 v3 DRA FT 1/27/15 -4 - ----------- SECTION 9. STANDARD OF PERFORMANCE. Service Provider represents and warrants that it has the qualifications , experience and facilities necessary to properly perform the Services required under thi s Agreement in a thorough , competent and professional manner. Service Provider shall at all times faithfully , competently and to the best of its ability , experience and talent , perform all Services . In meeting its obligations under this Agreement, Service Prov ider sha ll employ , at a minimu m, generally accepted standards and practices utilized by persons engaged in provid in g services s imilar to the Services required of Service Provider under this Agreement. In addition to the general sta ndards of performance set fort h this section , additional specific standards of performance and performance cr iteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service Provider 's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria , the specific standard or criteria shall prevail over the general. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS ; PERMITS AND LICENSES . Service Provider shall keep itself informed of and comp ly with all applicable federal , state and local laws , statutes , codes , ordinances , regu latio ns and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses , permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City , nor any elected or appointed boards , officers , officia ls , employees or agents of City , shall be liable , at la w or in equity , as a result of any failure of Service Provider to comply with this section . SECTION 11. PREVAILING WAGE LAWS It is the understanding of City and Service Provider that California preva iling wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulat io ns promulgated thereunder: Co nstruction , alteration , demolition , installation , or repair work performed on public bui ldings , facilities , streets or sewers done under contract a nd paid fo r in whole or in part out of publ ic funds . In this context, "construction" in cludes wo rk performed during the design and preconstruction phases of construction including , but not limited to , inspect ion and land surveying work . SECTION 12. NONDISCRIMINATION. Executive Order 11246 requires that during the performance of this Agreement, the Service Provider agrees not to discriminate against any employee or applicant for employment because of race , re ligion , se x , color, or nationa l orig in . The Service Prov ider will take affirmative action to ensure th at applicants are employed , and that employees are treated during employment, without regard to the ir race , religion , sex , color, or national origin. Such action shall include , but not limited to , the following : employment upgrading , demotion or transfer: recruitment or re cruitme nt advertising : layoff or term ination : rates of pay or other forms of compensation : a nd selection for RIV #4838-6958-3880 v3 DRAFT 1/27115 - 5 - ---------·-------- training , including apprenticeship . The Service Provider agrees to post in conspicuous places , available to employees and applicants for employment, notices to be provided by the Service Provider setting forth the provisions of this nondiscrimination clause. SECTION 13. UNAUTHORIZED ALIENS. Service Provider here by promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S .C .A. §§ 1101 , et seq ., as amended , and in connection therewith , shall not employ unauthorized aliens as defined therein . Should Service Provider so employ such unauthorized aliens for the performance of the Services , and should the any liability or sanctions be imposed against City for such use of unauthorized aliens , Service Provide r hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed , together with any and all costs, including attorneys' fees, incurred by City . SECTION 14. CONFLICTS OF INTEREST. (a) Service Provider covenants that neither it , nor any officer or prin cip al of its firm , has or shall acquire any interest, directly or indirectly , which would conflict in any manner with the interests of City or which would in any way hinder Service Provider's performance of the Services . Service Provider further covenants that in the performance of this Agreement , no person having any such interest shall be employed by it as an officer, employee , agent or subcontractor without the express written consent of the City Manager. Service Prov ider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest w ith the in terests of City in the perfo rmance of this Agreement. (b) City understands and acknow led ges that Service Provider is , as of the date of execution of this Agreement , independently involved i n the performance of non - related services for other governmental agencies and private parties . Service Provider is unaware of any stated position of City relative to such projects . Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section . (c) City understands and acknowledges that Service Provider will , perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section . SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential , unless such information is in the public domain or already known to Service Provider . Service Provider shall not release or d isclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law . Rl V #4838-6958-3880 v3 D RAFT 1/27/15 -6 - (b ) Service Provider, its officers , employees , agents or subcontractors , shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations , letters of support , testimony at depositions , response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena . (c) If Service Provider, or any officer , employee , agent or subcontractor of Service Provider, prov ides any information or work product in violation of this Agreement , then City shall have the right to reimbursement and indemnity from Service Provider for any damages , costs and fees , including attorneys fees , caused by or incurred as a result of Service Provider's conduct. (d) Service Provider shall promptly notify City should Service Provider , its officers , employees , agents or subcontractors be served with any summons , complaint , subpoena , notice of depos it ion , request for documents , interrogatories , request for admissions or other discovery request , court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation , to represent Service Provider or be present at any deposition , hearing or similar proceeding . Service Provider agrees to cooperate fully with C ity and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control , direct , or rewrite said response . SECTION 16 . INDEMNIFICATION. (a) Indemnification for Professional Liability . Where the law establishes a professional standard of care for Service Provider's services , to the fullest extent permitted by law , Service Provider shall indemnify , protect , defend and hold harmless City and any and all of its officials , employees and agents ("Indemnified Parties") from and against any and all liability (including liability for claims , suits , actions , arbitration proceedings , administrative proceedings , regulatory proceedings , losses , expenses or costs of any kind , whether actual , alleged or threatened , including attorneys fees and costs , court costs , interest, defense costs , and expert witness fees ) arise out of, are a consequence of, or are in any way attributab le to , in whole or in part, any negligent or wrongful act , error or omission of Service Provider , or by any individual or entity for which Service Provider is legally liable , including but not lim ited to officers , agents , employees or sub-contractors of Service Provider , in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability . Other than in the performance of professional serv ices and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City , and any and all of its employees , offic ials and agents from and aga inst any liability (i ncluding li ability for claims , suits , actions , arb itration proceedings , adm inistrative proceedings , regulatory proceedings , losses , expenses or costs of any kind , whether actual , alleged or threatened , including attorneys fees and costs , court costs , interest, defense costs , and RlV 1148 38 -6958-3880 v3 DRAFT 1/27/15 -7 - expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to , in whole or in part, the performance of this Agreement by Service Provider or by any individual or entity for which Service Provider is legally liable, including but not limited to officers , agents , employees or sub -contractors of Service Provider . (c) Indemnification from Subcontractors . Service Prov ider agrees to obta in executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person o r entity involved by , for , with or on behalf of Service Provider in the performance of th is Agreement na mi ng the Indemn ified Parties as add itional indemnitees . In the event Service Provider fails to obtain such indemnity obligations from others as required herein , Service Provider agrees to be fully responsible according to the terms of this section . Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors , assigns or he irs of Service Prov ider and shall surv ive the termination of this Agreement or this section . (d) Limitation of Indemnification . Notw ithstanding any provision of th is section to the contrary , design professionals are required to defend and indemnify the C ity only to the extent permitted by Civil Code Section 2782 .8 , which limits the liability of a design professional to claims , suits , actions , arbitration proceedings , administrative proceedings , regulatory proceedings, losses , expenses or costs that arise out of, pertain to , or relate to the negligence , recklessness , or willful misconduct of the design professional. The term "design professional ," as defined in Section 2782 .8 , is l imited to licensed architects , licensed landscape architects , registered professional eng ineers , professiona l land surveyors , and the bus iness entities that offer such serv ices in accordance with the appl icable provisions of the California Business and Professions Code . (e) City's Negligence. The provisions of this section do not apply to claims occurring as a result of City 's sole negligence . The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials , employees and agents . SECTION 17. INSURANCE. Serv ice Provider agrees to obtain and ma intain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required pol icies upon request. SECTION 18. ASSIGNMENT. The expertise and experience of Service Prov ider are material considerations for this Agree ment. City has an interest in the qualifications and capab ility of the persons RIV 114838-6958-3880 v3 DRAFT 1/27/15 -8 - and entities who will fulfill the duties and obl igations imposed upon Service Prov ider under th is Agreement. In recognition of that interest , Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider's duties or obligations under this Agreement without the prior written consent of the City . Any attempted assignment shall be ineffective , null and void , and shall constitute a material breach of this Agreement entitl ing City to any and all remed ies at law or in equity , including termination of this Agreement pursuant to Section 20 "Term ination of Agreement." City acknow ledg es , however, that Service Prov ider, in the performance of its duties pursuant to this Agreem ent, may utili z e subcontractors . SECTION 19. CONTINUITY OF PERSONNEL. Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider's staff and subcontractors , if any , assigned to perform the Services. Serv ice Provider shall notify C ity of any changes in Service Prov ider's staff and sub-contractors , if any, ass igned to perfo rm the Service s prior to and during any such performance . SECTION 20 . TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause , at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given , Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate th is Agreement for cause at any t ime upon thirty (30 ) days written noti ce of term inat io n to C ity . (c) If either Servi ce Provider or City fa i l to perform any materia l obl igation under t h is Agreement, then , in addition to any other remedies , either Serv ice Provider , or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City , all property belonging exclusively to City which is in Service Provider's possess ion shall be returned to C ity . Service Prov ider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 "Compensation and Method of Payment" of th is Agreement. T his final invoice shall be reviewed and paid in the same manner as set forth in Section 4 "Compensation and Method of Payment" of this Ag reement. SECTION 21. DEFAULT. In the event that Serv ice Provider is in default under the terms of this Agreement , the City shall not have any obl igation or duty to continue compensating Service Provider for any work performed after the date of defau lt. Instead , the City may give notice to Service Provider of the defau lt and the reasons for the default. The notice shall include the timeframe in which Serv ice Provider may cure the default. This timeframe is presumptively thirty (30 ) days , but may be extended , though not reduced , if circumstances warrant. During the period of t ime that Service Provider is in default, the RJ V #4838-6958-3880 v3 DRAFT 1127/15 -9 - City shall hold all invoice s and shall , when the default is cured , proceed with payment on the invoices . In the alternative , the City may, in its sole discretion , elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate thi s Agreement under Section 20 "Terminat ion of Agreement." Any failure on the part of the City to give notice of the Service Prov ider's default shall not be deemed to result in a waiver of the City 's legal rights or any rights arising out of any prov ision of this Agreement. SECTION 22. EXCUSABLE DELAYS . Service Provider shall not be liable for damages , includ ing liqu idated damages , if any , caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include , but are not limited to , acts of God , acts of the public enemy , acts of federal , state or local governments , acts of City , court orders , fi res , floods , epidemics , strikes, embargoes , and unusually severe weather. The term and price of this Agreement shall be equitably adjusted f or any delays due to such causes . SECTION 23 . County Lobby Certfication and Executive Order 11246 (EOE). It is understood that each person /entity/firm who applies for a Communi ty Development Commission contract, and as part of that process , shall certify that they are fam iliar with the requirements of the Los Ange les County Code Chapter 2 .160, (Los Angeles County Ordinance 93 -0031) and ; that all persons/entity/firms acting on behalf of the above named Service Provider have and wil l comp ly with the County Code , and ; that any person /entity/firm who seeks a contract with the Community Development Commission shall be disqual ified there from and denied the contract and , shall be liable in civil action , if any lobbyist, lobbying firm , lobbyist employer or any other perso n or entity acting on behalf of the above named Serv ice Provider fails to comply with the provis ions of the County Code. SECTION 24 . COOPERATION BY CITY. All public information , data , reports , records , and maps as are ex isting and available to Ci ty as publ ic records , and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate , without und ue delay , the Services to be performed under t his Agreement. RIV #48 38-6958-3880 v3 DRAFT 1/27/15 -I 0- SECTION 25. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered , or sent by telecopier or certified mail , postage prepaid and return receipt requested , addressed as follows : To Ci ty : City of Temp le City Attn: City Manager 9701 La s Tunas Dr. Temple City , CA 91780 To Service Provider : ------------------------ Notice shall be deemed effective on the date personally delivered or transm itted by facs imile or, if mailed , three (3) days after deposit of the same in the custody of the United States Postal Serv ice . SECTION 26. AUTHORITY TO EXECUTE. The person or perso ns executing this Agreement on behalf of Servi ce Provider represents and warrants that he /she/they has/have th e authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder. SECTION 27. ADMINISTRATION AND IMPLEMENTATION. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to ma ke amendments to this Agreement , including amendments that commit additional funds , consistent with Section 28 "Amendment" and the City Manager's contracting authority under the Te mp le City Municipal Code . SECTION 28. BINDING EFFECT. This Agreement shall be binding upo n the heirs , executors , administrators , successors and assigns of the Parties . SECTION 29. AMENDMENT. No amendment to or modification of this Agreement shall be va li d unless made in writing and approved by the Service Provider and by the City . The City Manager shall have the authority to approve any amendment to th is Agreeme nt if the total compensation under th is Agreeme nt , as amended , would not exceed the City Manager's contracting authority under the Temple City Municipal Code. All other RI V #4838-6 958-3880 v3 DRAFT 1/27/15 -ll - amendments shall be approved by th e City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void . SECTION 30. WAIVER. Waiver by any Party to this Agreement of any term , condition , or covenant of th is Agreement shall not constitute a waiver of any other term , condit ion , or covenant. Waiver by any Party of any breach of the provis ions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement. SECTION 31 . LAW TO GOVERN ; VENUE. This Agreement shall be i nterpreted , construed and governed according to the laws of the State of Californ ia . In the event of litigation between the Parties , venue in state trial courts shall li e exclusively in the County of Los Angeles , California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California , in Los Angeles . SECTION 32. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceed ing is required to enforce or interpret any provision of this Agreement , the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees , costs and expenses , in addition to any other relief to which it may be entitled. SECTION 33. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire , complete , final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings , whether oral or written , or entered in to between Service Provider and City prior to the execution of th is Agreement. No statements , representat ions or other agreements, whether oral or written , made by any Party which are not embodied herein shall be valid and binding . SECTION 34. SEVERABILITY. If any term , condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid , void or unenforceable , the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). R IV #4838-6958-3880 v3 D RAFT 1/27/15 - 12 - SECTION 35. CONFLICTING TERMS. Except as otherwise stated herein , if the terms of this Agreement conflict with the terms of any Exhib it hereto , or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. IN WITNESS WHEREOF , the Parties hereto have executed this Agree ment on the date and year first-above w ritten . ATTEST : Peggy Kuo City Clerk RJV #48 38-6958 -3880 v3 DRAFT l/27/15 -13 - CITY OF TEMPLE CITY Bryan Cook C ity Manager APPROVED AS TO FORM Eric S . Va il C ity Attorney By: ______________________ __ By : ______________________ _ Its: NOTE : Its: ------------------------------------------- SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED , AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION , OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. RIV #4 838-6958-3880 v3 DRAFT 1/27/15 -14 - A notary public or other officer completing this certificate verifies only the identity of the individual who sig ned the document to which this certificate is attached , an d not the truthfulness , accuracy , or validity of that document. ALL-P URPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STA TE OF CALIFORNIA COUNTY OF LOS ANGELES On -----.,......,=------'-'-=2=-=0~, before me , -,.,-;;-;=-....:-;;-;:rr.~~~=-r,::-:;;--o-,-;::-;::-:::-T"=-n::=~=-::::"'1""---Date Name And l 1tl e Of Off1cer (e .g . "Jane Doe , Notary Public') personally appeared-------------------------------- Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrum ent and acknowledged to me that he/she/they executed the sa me in h is/her/their auth o rized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s), or the entity upon behal f of which the person(s) acted , executed the instrument. I certi fy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cor rect. WITNESS my hand and official seal. Signature of Notary Publ ic OPTIONAL Though this section is optional , completing th is information can deter alternation of the document or fraudu lent reattachmen t of th is form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name : Individual Corporate Officer DESCRIPTION OF ATTACHED DOCUMENT Title(s) Title or Type of Document Partner(s) Lim ited Attorney -! n-Fact Trustee(s) Guardian/Conservator Other: Signer is represent in g : Name Of Person(s) Or Entity(ies) RIV #4838-695 8-3880 v3 DRAFT 112711 5 General Number Of Pages Date Of Document Signer(s) Other Than Na med Above A notary public or other officer complet ing this certifi cate verifies only the identity of the individual who signed the document to which this cert ifi cate is attac hed , and not the truthfulness, accuracy, o r va lid ity of that document. A LL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALI F ORNIA STATE OF CALIFORN IA COU NTY OF LOS A NGELES On -----.....-::-=------'-'-=2=-=0'---, before me , -u;:;-;~""Jr.;";:r,-:~nr.~=~:::--or-r.::-::;::::-r="""'lt'T':;=:-:-rr=~---Date Name And f 1tle Of Off1cer (e .g. "J ane Doe , Nota ry Public") personally appeared --------------..==-==:rror==,---------------Nam e of S1gner(s) who proved to me on th e bas is of satisfactory evidence to be the person(s ) whose name(s) is/a re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he r/their authorized capac it y(ies), and that by his/her/th eir signatu re(s) on th e instrument th e person(s), or the entity upon behalf of wh ich th e person(s) acted , executed the instrumen t. I ce rtify under PENALTY OF PERJURY und er the laws of t he State of Ca lifornia that th e foregoing paragraph is true and correct. WITNESS my han d and offi c ial seal. Signature of Notary Pub lic OPTIONAL Though this section is optional , completing th is information can deter alternation of the document or fraudu lent reattachmen t of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: Ind ividual Corporate Officer DESCRIPTION OF ATTACHED DOCUMENT Title (s) Title or Type of Document Partn er(s) Lim ited Attorney-I n-Fact Trustee(s) Guardian/Conservator Other: S igner is rep resenting : Name Of Perso n(s) Or Entity(i es) RJ V #4 838-6958-3880 v3 DRAFT 112711 5 General Number Of Pages Date Of Docume nt Signer(s) Other Th an Named Above ---------------------------- EXHIBIT "A" SCOPE OF SERVICES I. Service Provider will perform the following Services: A. Administer the City's Commun ity Development Block Grant Program . B . Administer the City's Housing Rehabilitation Program . C . Conduct preliminary interviews with property owners to determine the household 's eligibility status and improvements for dwelling unit. D . Process applications for the Housing Rehabilitation Program funding for eligible homeowners. E . Obtain all requ ired supporting docu mentation includ ing income verification , value of property, condition of t itle , and credit worthiness of applicant , as applicable. F. Conduct property inspections and prepare work write-ups and , if necessary, cost estimates. G. Complete all applicable CDBG documents relating to the improvement activities , inclusive of: lead -based paint require ments , historical preservation review , etc. H . Prepare specification s and bid documents , and review rece iv ed bids with homeowner. I. Approve selection of contractor, and prepare and execute documents for financial assistance to homeowner. J . Obtain contractor clearances for non -inc lusio n on the Federal Debarred/Suspended List and determine that contractor is l icensed and bonded through the State License Contractor's Board. K . Co nduct pre-construction conference to review all proposed work w ith t he homeowner and contractor . L. Co nduct asbestos and lead -based paint initial inspections ; ensure that co ntractor's abate asbestos/lead -based paint according to the repo rt . Call for final inspection after constru ction is com plete . RJV #4838-6958-3880 v3 DRAFT 1/27/15 A -I M . Conduct progress inspections to ensure that work is proceeding in a timely manner and to authorize and disburse progress payments . N. Execute and record Notice of Completion upon final inspection certifying t hat the improve ments have been completed in accordance with contract requirements. 0 . Acq uire lie n releases from contractors and subcontractors , obta in homeowne r's authorization for final payment, and execute close-out of contractors work by ensuring that the permanent file contains required documentation for LACDC monitoring and audit purposes . P . Prepare monthly progress reports to City staff. Q . Assist City staff with preparing funding requests for the Housing Rehabilitation , Asbestos Testing /Abatement, and Youth Scholarship Programs . R. Provide the City with program accomplishment data , needed for the Quarterly Performa nce Reports to th e LACDC . S . Generate language for community marketing and outreach for the Housing Rehabilitation Program. II. As part of the Services , Service Provider will prepare and deliver the following tangible work products to the City : A. Complete CDBG documents related to home improvement activates . B . Documentation of eligibility of program participants . C . Contractor clearances and /or certifications . D. Progress inspecti on reports . E. Notices of completion . RIV 114838-6958-3880 v3 DRAFT 1/27115 A-2 Ill. Duri ng performance of the Services, Service Provider will keep the City appraised of the status of performance by deliver ing the following status reports : A. M o nthly p rogress repo rts with informatio n re la t in g t o p eop le on t he wa itin g list, people that di d not qu alify , projects pendin g , p roject s u nd er const r uc ti o n , and projects com p leted . B . Q uarte rly P erformance Re p orts (QPR) IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule: A. O ne (1) m onthly p rog ress re p ort for each m o nth of the Ca lendar Y e ar sta r ing with t h e com m e n ceme n t of t he Agreemen t. B . One (1) Q ua rterly P erfo rm a nce Re p o rt provi ded every t hree mon t hs starting with th e co m mence m e nt of the A greement. V. Service Provider will utilize the following personnel to accomplish the Services : A. B. C . D . VI. Service Provider will uti lize the following subcontractors to accomplish the Services: A. B . C . D . RIV #4838-6958·3880 v3 DRAFT 1/27/15 A-3 EXHIBIT "B" COM PEN SA TION I. Service Provider shall use the following rates of pay in the performance of the Services: A. [job] [hourly rate] B . [job] [hourly rate] C . [job] [hourly rate] D . [job) [hourly rate] E . [job] [h ourly rate] II. Serv ice Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed $ per hour without written authorization from the City Manager or his designee. RlV #4838-6958-3880 v3 DRAFT 1127/15 B-1 __j EXHIBIT "C" INSURANCE A. Insurance Requirements. Service Provider shall provide and maintain insurance , acceptable to th e City, in full force and effect throughout the term of this Agreement , against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents , representatives or employees . Insurance is to be placed with insu rers with a current A .M . Best's rating of no less than A:VII . Service Provider shall provide the following scope and limits of insurance : 1 . Minimum Scope of Insurance . Coverage shall be at least as broad as : (1) Commercial General Liability . Insurance Services Office form Commercial General Liability coverage (Occurre n ce Form CG 0001 ). (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability , including code 1 "any auto" and endorsement CA 0025 , or equivalent form s subject to the written approval of th e City. (3) Workers' Compensation. Workers' Compensation insurance as requ ired by the Labor Code of State of California covering all persons providing Services on behalf of the Service Prov ide r and all risks to such persons under this Agreement. (4) Professional Liability . Professional liability insurance appropriate to the Service Provider's profession . Th is coverage may be written on a "claims made" bas is , and must include coverage for contractual liability . The professional liability insuran ce required by this Agreement must be endorsed to be applicable to claims based upon , arising out of or related to Services performed under th is Agreement. The insura nce must be maintained for at lea st three (3) co nsecutive years following the completion of Service Provider's services or the termination of this Agreement. Du ring this additional three (3) year period , Service Prov ider shall annually and upon request of the City submit written evidence of th is continuous coverage . 2 . Minimum Limits of Insurance . Service Provider shall mainta in limits of insurance no less than: (1) Commerci al General Liabi li ty . $1 ,000 ,000 general aggregate for bodily in j ury, personal injury and property damage . RIV #4838-6958 -3880 v3 DRAFT 1127/15 C -1 (2) Automobile . $1 ,000 ,000 per accident for bodily injury and property damage . A combined single limit policy with aggregate limits in an amount of not less than $2 ,000 ,000 shall be considered equivalent to the said required minimum limits set forth above. (3) Workers' Compensation . Workers ' Compensation as required by the Labor Code of the State of California of not less than $1 ,000 ,000 per occurrence . (4) Professional Liability . $1 ,000,000 per occurrence . B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1. All Policies . Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended , voided , cancelled by the insurer or e ither Party to th is Agreement , reduced in coverage or in limits except after 30 days' prior written notice by certified mail , return receipt requested , has been given to City . 2 . Commercial General Liability and Automobile Liability Coverages . (1) City , and its respective elected and appointed officers , officials , and employees and volunteers are to be covered as additional insureds as res pects : liabil ity arising out of activities Service Provider performs ; products and completed operations of Service Provider; premises owned , occupied or used by Service Provider; or automobiles owned , leased, hired or borrowed by Service Provider. The coverage shall contain no special lim itations on the scope of protection afforded to City, and their respective elected and appointed officers, officials , or employees . (2) Service Provider's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed , its officers , officials , employees and volunteers. Any insurance or self-insurance maintained by City , and its respective e lected and appointed officers , officials , employees or volunteers , shall apply in excess of, and not contribute w ith , Service Provider's insurance. (3) Service Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought , except with respect to the limits of the insurer's liability . (4) Any fa ilure to comply with the report ing or other prov is ions of the insurance policies, including breaches of warranties , shall not affect coverage RJV #4838-6958-3880 v3 DRAFT In7/15 C-2 provided to City , and its respective elected and appointed officers , officials , employees or volunteers . 3 . Workers ' Compensation Coverage. Unless the City Manager otherw ise agrees in writing , the insure r shall agree to waive all rights of subrogation against City , and its respect ive elected and appointed officers , officials , employees and agents for losses arising from work performed by Service Prov ider. C . Other Requ irements . Service Provider agrees to deposit with City , at or before the effective date of this Agreement , certificates of insurance necessary to satisfy City that the insurance prov isions of this contract have been complied w ith . The C ity may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit "C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete , certified copies of all required insurance policies , at any time . 1. Service Provider shall furn ish cert ificates and endorsements from each subcontractor identica l to those Service Provider provides . 2 . Any deductibles or self-insured retentions must be declared to and approved by City . At the option of City , either the insurer shall redu ce or eliminate such deductib les or self-insured retentions as respects City or its respective elected or appointed officers , officials , employees and volunteers or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations , claim administration , defense expenses and claims . 3. The procurin g of such required policy or pol icies of insura nce shall not be construed to limit Service Provider's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. RJV #4838-6958-3880 v3 DRAFI' 1127115 C-3 ATTACHMENT C City of Temple City Proposal for Community Development Block Grant Consultant Services March 27, 2017 a. Cover Letter March 27, 2017 Attn : Ad am Guli ck Co mmunit y Deve lo p me nt De pa rt me nt City of Tem ple City 9701 Las Tuna s Dr. Tem pl e City, CA 91780 Re: Proposal for Community Development Block Grant Consultant Services Dear M r. Gulick, W wiLLDAN Wi lld an Enginee r ing (Willdan) is p leased t o submit this proposa l to t he Cit y of Tem ple Ci t y t o conti nue t o p rovid e t ech ni cal ass ist ance wit h th e ad mi n istratio n of yo ur Co mmunity Deve lo pm e nt Bl oc k Gr ant (CD BG) f u nd ed Ho using Rehab ilitatio n Program. This pr o p osal is based o n yo ur Req u es t for Pro posa l (RFP) dated February 24, 2017. It is o ur under standing that th e Ci t y of Temple City is seeki ng the services of a professional co nsult in g f i rm to assist t he City with the ove rall ad minist ration of the ir ex isting Housi ng Rehabi litation Program a long wit h the Asbestos & Le ad -Based Paint testing and Abatement Gr an t Program t hroug h t he Los Angeles Co unty CDC CDBG Program . We also underst and t ha t yo ur approved fu ndi ng amou nts for Fiscal Yea r 2017 -2018 ar e $230,000 with an a nnu a l all oca t ion of approximate ly $179,000, for CDBG fu nds . As yo u kn ow, si nce we hav e bee n adm inisterin g your hous i ng r ehabilitation p rog ram , we have ke pt m eticul o us fil es co nsistent with both CDC req u ir e me nts as we l l as HUD stated pe rfo rm ance leve ls. Thi s is due largely t o t he work of Sandi Medrano wh o would con t in ue t o provide you with the high leve l of program adm i nistration services you have expe ri e nced in th e past. The f o ll owi ng is f irm and co ntact information, as req uired by the City's RF P: Willdan Engineering 13 191 Crossroa d s Parkway, North, Su it e 4 05 Ind ust ry, Ca liforn ia 9174 6 Ph o ne Nu m ber (office gen era l nu mber): 562 -908-62 00 Contact : Salvador Lopez Jr., Director of Planning Em ai l : slopez@willdan .co m Pho ne (M r. Lo p ez's ph o ne): 562-364-7600 Wi lldan is un awa r e of any confl ict of interest i n pe rfo r m i ng the propose d work. We si ncerely appreciate t he o p portunity t o offer ou r profess ional gra nt administration and housing re hab ilitation services in the hope of extendi ng Willd an's long stan din g re lationshi p w it h t he City of Temp le City in prov idi ng mu ni cipa l se rvi ces and stand rea dy t o p roceed u pon you r authorization. If yo u should have any q ues tions concerning this pro posa l, please do no t hes ita t e to co nt act m e at 562-364-7600. Res pectfully subm itted, WILLDAN ENGINEERING Sa lva d or Lopez Jr. Director of Planning Engineering and Planning 1 Energy EHiclency and Sustalnablllty I Ananclal and Economic Consulting I National Preparedness and lnteroperablilty 562.908.6200 1 800.499.4484 I l ax: 562.695.2 120 I 13 19 1 Crossroads Parkway North, Suite 405,1ndust ry, Calllomla 91746-34 43 I www.willdan.com ,--1 City of Temple City Table of Contents a. Cover L etter ............................................................................................................................................. 1 Table of Contents ........................................................................................................................................ 2 b. Relevant Experience ............................................................................................................................... 3 Firm Qualifications .............................................................................................................................. 3 Willdan Company History ............................................................................................................. 3 Description of Firm .............................................................................................................................. 4 Overall Capabilities ...................................................................................................................... 4 Areas of Expertise , Experience , and Training .............................................................................. 4 Current and Past Comparable Contracts ........................................................................................... 5 Table 1 . Willdan ........................................................................................................................................... 6 COMMUNITY DEVELOPMENT EXPERIENCE ........................................................................................... 6 References ....................................................................................................................................... 1 0 Staff Qualifications and Experience .................................................................................................. 11 Team I ntrod uct ion and Matrix .................................................................................................... 11 Team Member Re sumes ............................................................................................................ 13 c. Approach and Sc hedule ....................................................................................................................... 22 Project Approach ........................................................................................................................ 22 Schedule .................................................................................................................................... 22 d . Costs ...................................................................................................................................................... 23 e. A cceptance of Conditions .................................................................................................................... 23 ~/CO MPREHEN SIVE. -g I NNOVATIVE. TRUSTED. Proposal for Community Development Block Grant Consultant Services I 2 City of Temple City b. Relevant Experience Firm Qualifications Willdan Company History Willdan Eng i nee rin g (Willdan ), a Californ ia Co rp o rat io n, is part of Willda n Gr o u p, In c. (WGI), a NASDAQ publ icly-t r ade d De laware Co rporation and na ti o nwide f i r m servi ng m o re t han 800 pub lic agencies and pri va t e sector clien t s. Fo und ed in 1964 and hea d q uartered in Anahei m, California, W illda n wa s originally est a bli shed as a civil e ngin ee ri ng firm speciali zin g i n providing sol utio ns f or our public agency clients. Sin ce t ha t t i m e, we h ave evolved into a professio nal consulting firm o fferi ng a broad ar ray of serv ices t hat all ows us to p r ov ide a co m preh ensive and integ rated ap proac h to ou r clients ' pla n ning, engin eering, fi nanc ial, econ omic, public fac ility, pu b li c safety, and energy sust ain ab i lity so lutions. Toda y, W ill dan ope rate s out of m ultip le offices l oca t ed th r o ug ho ut th e United States -in clud ing ou r f o ur so uth e rn Ca lifo rnia offi ce loca tions (Cit ies o f Ind ust ry, Anaheim , Sa n Be rnardin o, and Ven tu ra). We have su ppo rted i mpl em entatio n of co mmunity v isio ns throug h e ngin ee rin g, co nstruction ma nage m ent, in spection, pla nn ing, building sa f ety, a nd st aff augmentation serv ices . Willd an has co mpl eted various types of p rojects f or ove r 60 pe rcent of the ci t ie s an d count ies i n Ca lifo rn ia . Through o ut our 53 -yea r hist ory, Willdan has sust ained a consist ent healthy f inancial performance. Wi lldan has the f i nanc ial strength, wherewitha l, re sou rce s a nd ap pro pri at e staffi ng to co m plete all proj ects we und e rtake. Willda n a lso has th e respecte d r eputation res pected r e putati o n i n t he munici pa l e ngin e ering in d ustry of provi din g t i mely, cos t effect ive, i nn ovative e nginee r i ng so lutio ns t hat exceed o ur cli e nt's ex pectat ions and fo r p rovi di ng exce ptio nal custo me r se rvi ce to o ur ma ny clie nts. Fi nancia l info rm ation, i ncluding inform atio n o n reve nue, ea rn i ngs, and cash flow, are iss ued qu arterly an d ca n b e f o und o n th e In ves t o rs page of our webs ite at www.wi llda ngro up.com . Willda n has his t o r ica lly co ncen t rated our effo rts on pub li c works e ngi ne er ing for cities , co un ties , a nd sp ecia l dis tricts. Si nce 19 64, we have evo lved i nto a profess iona l co nsu lting firm offer ing a broad a r ray of service s that prov ide a co m pr ehen sive and integ r ated appr oach to o u r clients' need s. Wi ll dan posses ses expert ise in most f acets of the public-s ecto r marketp lac e. Th e va r ied experience and backgrou nd o f ou r st aff is an added va lue of o ur services. No other f i r m matches Wi llda n's comb ined bread t h of d irectly re lev ant t ec hnical a nd o per ati onal ex pe rtise and d epth of experience. We are tru ly t h e City's on e-stop resource t o m ee t vi rtua ll y an y serv ice nee d. In the are a of spec ialties, Willda n has a vas t backg ro und i n city eng in eer, t ra ffic e ngin ee r, an d build ing official st aff augme nt ation, admi nist ra t io n, d eve lo pm ent revi ew, publ ic wo r ks pe r m itting and i nspec t ion, roa dw ay d esign, co ns tru ction man ageme nt, and long-term pla n ni ng w hi ch in cl ude s d evelo pment of capi t a l improvement plans, improvement dist r icts, funding pl ans, deve lo p me nt ma ster p lan s, safe route to schoo l p lann ing, faci l ity ma st e r pl ans , and CEQA an d NEPA env i ron m ental re v iew doc umentation . ...,.. ii, /CO MPRE H EN SI VE . --INN OVATIVE. TRU STED. Proposal for Community Development Block Grant Consultant Services I 3 Ci ty of Temple City Description of Firm Overall Capabilities Willdan ha s historically co ncentrated o ur efforts on publi c works engineering for cit ie s, counties, and special districts. Since 1964, we have evolve d in to a professional consulting firm offeri ng a broad array of services that provide a comprehe nsive and integrated approach to our clients' n eeds. Willdan possesses expertise i n most f acets of the pub li c-s ector marketplace . The varied expe ri e nce and background of our sta ff is an added va lue of our serv ices. No other firm matches Willdan's combined breadth of directly re levant t ec hnical and operationa l ex pertise and d epth of experience. We are tru ly the City's one -s top reso urce to meet virtually any service need . In the area of specialties, Willdan has a vast background in city engineer, traffic engineer, and bu i lding official staff augmentation, administration, development review, public works permitting and inspection, roadway design , construction management, and long-t e rm planning which includes development of ca pital improvement plans, im provement districts, fund ing plan s, deve lopment ma ster plans , safe route to sc hool p lanning, facili ty master plans, and CEQA and NEPA environm ental review docu mentation. Areas of Expertise, Experience, and Training Throughout our 53 -year history, Willdan ha s se rved as a full-s ervice, multi-disciplinary firm based in Anaheim with sa t e llite offices throughout th e United States. We speci alize in consulting eng in eering and planning services for governmental agencies . We ar e dedicated to providing public agencies with re li able engineering a nd consulting services and have earned a reputation as a problem-so lver across a w id e range of client interests. We suppo rt implementation of community vision through planning, engineering, co nst ruction management, building safety, and sta ff augmentation. In addit ion , Willdan offers a full comp lement of project management, analysis , design , pe rmitt ing and funding assistance, constructi on management and other project support activities necessary for a sus ta inable project. Our staff of experts i n clud es s pe cialists in : • Environmental Plann ing • Hig hway and Freewa y Engineering • Mun icipal Engineering and Ma nagement • Water and Wastewater Eng ineering • Traffic and Tra nsporta tion Engineering • Dra inage and Flood Control • Tran sportation Planni ng • Construction Ma nagemen t and Inspection • Structural Engineering • Urban and Regional Planning • Geotechnical/Geologica l En gineering • Mapping and Right -of-Way Engineering • Growth Management Pl anning • Land scape Architecture • Computer-Aided Analys is and Design • Civil Plan Review rii:/ COMPREHENSIVE. --INNOVATIVE. TRUSTED. Proposal for Community Development Block Grant Consultant Services I 4 City of Temple City Current and Past Comparable Contracts Willdan staff ha s substantial train i ng and expe ri ence in provi ding a variety of co mmunity d eve lop ment services to govern me ntal agenci es across Ca lifo rni a. We h ave ad ministered al l aspects of t he Comm unity Development Block Grant (CDBG) and Home In vestment Partnerships (HOME) program s for municipalities, and are operating CDBG -and HOME -funded r es idential and/or commercia l rehabilitation programs in a number of cities . Our co mmunity d evelopment st aff h as procured g r ants and other forms of funding f rom the Fe dera l Department of Hou si ng an d Urban Deve lopm ent (HUD) and th e St ate Department of Housing and Community Develo pm ent (HCD) f o r a va ri ety of purposes , incl uding housing rehabil it ation, first-time ho mebuyer ass ist ance, and pub lic works/communit y facility projects. Our staff ha s a lso conducted a wide ran ge of housing studi es , including inve ntories and ana lyses of potentia l ho using sites, housi ng condition surveys, housi ng element updates, and affordable ho using strategies. Due to our lo ng-term involvem en t in ad minist ering hou sing and co mmunity development program s, we have developed a thorough und er st andi ng of th e program requirements of the fundin g agencie s involved and have establ ished so und practices and st andard procedures t o ma i ntain a high level of acc uracy and prod uctivity. Our com munity development staff ha s strong organizat io nal ski lls and works efficiently to co mply with grant program deadlines. Additiona lly, ou r staff applies so und te ch ni cal and creative approaches to addressing grant adminis tration issue s t hat ari se . We have deve loped good working relationsh ips with the respectiv e f unding agencies , including HU D, HCD , and the CDC. Ou r staff regu larly attends w orkshops and semi nars spon so red by these age ncie s in ord e r to rema in current with their regulation s and procedures. Ou r community de ve lo pment staff is well qual ified to provide the se rvi ces you are seeki ng ba sed on the ir edu ca tion, career training, and work ex perience. As this broad expe rience ind i ca tes, our staff ha s worked in a wide range of multi-cultural communities and ha s the expe ri ence and knowledge to success fully implement programs in politically and cultura l diverse cit ies . Ou r corporate experience ha s provided ou r staff with co nside rable expertise in CDBG and HOME program management and in im pl ementing many t ypes of CDBG and HOME funded projects in co mmunities w ith different and sometimes unique needs. Our sta ff is currently providi ng CDBG , HOME , or other hou sin g and community deve lopment related servi ces to the cities of Tem p le City and Rolling Hills Estates. Tab le 1, on the ne xt few pa ges, shows the ex t ent of our CDBG, HOME , and other Community Deve lopment Ex perience for munici palities throughout Cal ifo rnia . ....,. ii: /COMPREHENS I VE . --INNOVATIVE. TRUSTED. Proposal for Community Development Block Grant Consultant Services I 5 City of Temple City Table 1. Willdan COMMUNITY DEVElOPMENT EXPERIENCE SUCCESSFUL ECONOMIC GRANT CDBG/HOME RENTAL FIRST -TIME RESIDENTIAL COMMERCIAL DEVElOPMENT & '· CLIENT APPLICATIONS ADMINISTRATION ASSISTANCE HOMEBUVER REHABILITATION REHABILITATION _ • REDEVElOPMENT.,il City of Agoura Hills • • City of Al hambra • • City of Anaheim • • • Town of Apple Valley • City of Arcadia • City of Artesia • • City of Azusa • • • City of Baldwin Park • City of Bell • • • • --City of Bellflower • • • City of Bell Gardens • • • • City of Beverly Hills • City of Burbank • • City of Calimesa • • • City of Carson • City of Cerritos • • - City of Chino • City of Clearlak e • • • City of Colusa • • • • City of Commerce • County of Colu sa • • • City of Corona • City of Costa Mesa • • • City of Covina • City of Cuda h y • • City of Culver City • • • City of El Monte • City of Escondido • City of Fountain Valley • City of Fresno • City of Glendale • Ci ty of Goleta • ....._ ii: /COMPREHE N SIVE. --I NN O VATIVE. T RUS T ED. Proposal f or Community Development Block Gra nt Consultant Se rv ices I 6 City of Temple City CLIENT City of Greenfield f-' County of Glenn 1-- City of Hanford City of Hawai ian Gardens City of Hawthorne County of Humboldt City of Huntington Park -· City of Irwindale ---:-· C1ty of Jack son City of La Canada Flintridge City of La Habra City of La Mirada City of Lake Fore st r--:-C1ty of Lan ca ster ,..__.. City of La Puente ,..__.. City of Lawndale f-- City of Lincoln r---· City of long Beach Coun t y of Lo s Angeles ,..__. City of Lynwood City of Marysville City of M aywoo d City of M endota 1- City o f Montebello City o f Norco City of Ontario County of Orange -~y of Orange Cove City of Oroville - City of Palmdale -· . Town of Parad1 se - ...._ ji; /COMPREHENSIVE. .. IN N OVATIVE. T RUS T ED. SUCCESS FUL GRANT APPLICATIONS • - • -- Table 1. Willdan COMMUNITY DEVELOPMENT EXPERIENCE ECONOM IC CDBG/HOME RENTAL FIRST -TIME RESIDENTIA L COMMERCIAL DEVELOPMENT & ADMINISTRATION ASSISTANCE HOMEBUYER REHABILITATION REHABILITATION _ REDEVELOP.MENT;_i • • • • • • • • • • • • • • • • • ~ • • • • • • • I • • • • • • • • • • • • • • • • • • • • • I • I -----1------• • • • • • i • • • • • • Proposal for Community Development Block Grant Consultant Services I 7 City of Temple City CLIENT City of Paramount County of Pl acer City of Pomona City of Rancho Cordova City of Rancho Cucamonga City of Redondo Beach City of Rialto City of Rolling Hills Estates* City of Rosemead City of Sacramento Ci ty of Sa n Bernardino County of San Bernardino City of Sa n Buenaventura City of San Gabriel City of Sa n Joaquin City of Santa Ana City of Sa nta Monica City of Shasta Lake City of Sierra Madre City of Signal Hill City of Sim i Valley City of South El Monte City of South Lake Tahoe City of Susanvi lle City of Taft City of Tehama City ofTemple City Ci ty of Norco* City of Th o usa nd Oaks City of Turlock County of Tul a r e ...._a;;/ C OMPRE H EN SIVE. -w INN O VATIVE. T RU S T ED. SUCCESSFUL GRAN T APPLICATIONS • • • • • • Table 1. Willdan COMMUNITY DEVELOPMENT EXPERIENCE ECONOMIC _.---,- CDBG/HOME RENTAL FIRST-TIME RESIDENTIAL COMMERCIAL DEV ~L.~P.~ENj'~ ADMINISTRATION ASSISTANCE HOMEBUVER REHABILITATION . REHABILITATION ·. REDEVELOPMENT • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Proposal for Community Development Block Grant Consultant Services I 8 City of Temple City Table 1. Willdan COMMUNITY DEVELOPMENT EXPERIENCE SUCCESSFUL ECONOMIC GRANT CDBG/HOME RENTAL FIRST-TIME RESIDENTIAL COMMERCIAL DEVELOPMENT & CLIENT APPLICATIONS ADMINISTRATION ASSISTANCE HOMEBUVER REHABILITATION REHABILITATION REDEVELOPMENT City of Upl and • • • • • City of Vi st a County of Ve ntura • • • City of Victorvi l le • City of Waterford • • City of West Hol lywood • • • City o f W est Sacramento • City o f W es t l ake Village • City o f Wheat land • ·----f-- City o f Whittie r City of Williams • • City o f Wood l and* • • • Proposal for Community Development Block Grant Consultant Services I 9 City of Temple City References Willda n has a long h ist ory o f su ccessfu lly providing CDB G ad m i nis trative services t o cities an d cou nt ies across Ca lifornia as disc usse d in gr eater d et ail i n t he "Cu r re nt an d Pa st Co mparabl e Co ntracts" sect i o n oft hi s pro p osa l. Ref e re nces f o r severa I ass ignme nts t hat are re prese ntat ive of this vast ex p eri e nce are prese nted b el ow. rAi: /COMPREHENSIVE. --INNOVATIVE. TRUSTED. City of Rolling Hills Estates M r. Greg Grammer, A sst. City M anager 310.377 .1577, ext 107 W ill dan is assisting the City with the general administration of its annual CDBG Grant and the implementation of an ADA ramp and sidewalk improvement project. Mr. Adolfo Reta is providing assistance with the admin is tration of the prog ram. City of Ventura Ms. Jennie Buck ingham, Sen ior Planner, Economic Dev elopment and Revitalization Division, 805 .658 .4729 W illdan has provide d technical assistance an d monitoring servic es requ ired for the administration of t he City's CDBG and HOME Progra ms. W illda n previously assisted the City with the preparati on of its Annua l Action Pla n and the upd ating of its Five-Year Consolidated Pla n. City of La Habra Ms. M ar ia Gallegos, Hou sing Specialist, 562.905 .9724 W illdan assisted t he City w ith the preparation of its Fiv e-Ye ar Con solidated Plan , Annual Action Plan , and CAPER for the utilization of HUD funds, as well as with the overall administration of its CDBG Program and a HOME -funded hou sing rehabilitation program. Willdan also assisted the City in comple t ing its updated Hou sing Eleme nt, wh ich wa s certified by HCD . City of Temple City Mr. Scott Reimers, Planning Manager, 626.656.7316 W illda n is currentl y provid ing technical ass istance with the administration of the City's Community Deve lopment Block Grant (CDBG) funded Housin g Rehabilitation Program. M s. Sandi M edrano is the Program Coordinator providing the assistance. Proposal for Community Development Block Grant Consultant Services I 10 City of Temple City Staff Qual ifications and Experience Team Introduction and Matrix Will dan has assemb led a hig hly-q ua lified project team . As the following re sumes i ll ustrate, our team members co l lectively possess considerab l e experience in successfu ll y adm ini stering a ll aspects of CDBG- funded projects/programs. W illdan's Dire ctor of Pl anning, Salvador Lop ez Jr. w i ll provide co rpo rate oversight, en suring that both staff members we place with the City perform to the City's and Willdan's expectations of exce llence. Mr. Lopez will be available to the City for any issue they need to d is cuss regarding Willdan's work for the City. Our two proposed on -the-ground team members for the City, Sand ra Medrano and Andre Valencia -Dupret, both have a working knowl edge of HUD CDBG Program processes, procedures, and financ ial requ i rements. Th ey also com muni cate effective ly, have outstanding oral and written skills, and work well under tight dead l ines-wh ic h facil itates a timely and effective response to City staff reque st s. I n add ition, our staff exhibit a very personable yet professio nal sty le in working wit h City staff. The combination ofteam members provides the City w ith adequate staff coverage to meet both norma l daily and any fluctuating program demands. Our team members are as follows: Mr. Salvador Lop ez is respon sible f or corporate oversight of the firm's planning operations. He ha s more than 18 years of prof essional planning experience that has involved public and private sector employment. Hi s experience spans all aspects of planning, including housing and co mmunity development, current, advance, and environmental planning, as well as active transportation planning. He is h ig hly experien ce d at managi ng multi-d isciplinary teams in the development of poli cy and long - ra nge planning documents for public agencies. Ms. Sandra M ed r an o wi ll serve as Program Coord i nator. M s. Medrano ha s over 15 years of experience in administering housing rehabi litation programs i n variou s jurisdictions in th e So uthern California area. She ha s assis ted the City of Temple City with its program since 2011 and ha s participated in the rehabilitation of numerous homes since the beginning of her ass ignment in that j urisdictio n. M r . And re Val enci a-Dupr et will serve as Co-Program Coord i nator Mr. Valencia-Dupret is a community developm e nt reso urce specialist whose recent engagements include Assistant City Manager for the City of South Pasadena, contract redevelopment consultant for the City of Artesia , and the in -hou se community development and redevelopment advi so r for the City of Pomona . Mr. Va lencia -Dupret maintains a direct ha nds -on approach to customer servi ce and procures the required needs of his clients on a dai ly ba sis. He a lso served as the Interim Deputy City Manager, and Director of Community Deve lopment, Econom ic Development, Planning and Ho using , and Commun ity Service Departments for the City of Pomona . M s. Jan e Frei j , Labor Comp liance Manager, wi ll monitor construction proj ects, if needed, fo r compliance with Davis -Bacon Act and other appl ica ble federal labor standards, when requested by Mr. Lope z or Ms . Medrano. Tabl e 2 provides an overview of our two proposed staff members who w ill work direct ly in Temple City. However, M s. Medrano wi ll be so lely assigned to the City for this as sig nment and Mr. Dupre will be avai lable should the City desire additional ass istance . Full r esu mes for o u r t eam f ollow. Proposal f or Commu nity Development Block Grant Consultant Services I 11 City of Temple City Sandra Medrano, 18 17 Ye s • City of Temple City-Administrator for Yes Senior Housing CDBG Home Rehabilitation Program Rehabilitation Coordinator • City of Norco -Admi nistration of CDBG Home Rehabilitation Pro gram • Cities of Artes ia and Paramount, and La Mirada and Irwindale Redevelopment Agencies-Application processing, on- site inspections, process i ng deeds and loa n rwo and o th er task s Andre Valencia -Dupret 24 24 Ye s • City of Lynwood -I nterim Director of Ye s Senior CDBG Coordinator Development, overseeing $1.2 million CDBG Program Year Budget • City of Maywood -Project Manager who oversaw $585,000 CDBG budget • City of Pomona-Director of Comm unity Development, Oversaw $2.5 million in annual CDBG budgets from 2002 -2008 . ~/COMP REH ENSIVE. --INN OVATI V E. TRU S TED. Pr oposal f or Community Developm ent Bl ock Grant Consultant Service s I 12 City of Temple City Edu ca tion 1998, Urban & Regional Planning, California State Polytechnic University, Pomona AA, Chaffey College 18 Years' Ex perience Team Membe r Re sumes Salvador Lopez, Jr. Director of Planning Mr. Sa lvado r Lop ez is res ponsible for corporate ove rsig ht of the firm's plann ing operations. He has mo r e than 18 years of profess iona l planning experience that has involved public and private sector employment. His experience spans all aspects of plann ing, including current, advance, and envi r onmental planning, as well as active tra nsportation planning and housing and community developme nt. He is highly experienced at managing multi-disciplinary teams in the development of policy an d long -rang e planning documents for publ ic agencies. Relevant Project Experience Building and Safety Services, City of El Monte, California. Contract Planner. Contract plann ing services emphasizing d iscretionary ca se process ing and long range advanced plann ing program s. Profess iona l la nd use and planning services; processi ng complex land use developme nt projects; ge nera l administration of City-initiated planning work an d stu dies; conceptual plans; reviewing and process ing land use entitlement applications; preparing General Plan text or map amendments; preparing or amending Specific Plans; preparing Zoning Code text or map amendments; preparing initial studies under the California Environmental Quality Act and related environmental documents; prepa ri ng staff reports, resolutions and ordinances . Special Project Pl ann ing Services, City of Artesia, California . Case Planner. Responsible for reviewing and processing land use entitlement applications; preparing General Plan text or map amendments; preparing or amending Specific Pla ns; preparing Zoning Code text or map amendments; and preparation of related environmental studies. Evan Brooks Ass oci at es. Senior Planning Associate . Serve in the areas of land use plann ing, non- mot orized and active tra nsportation plann ing, health and sus t aina bility planning, project ma nagement and grant writing. Responsib le for providing on-call planning services and coordination of planning activities for clie nt cities. Provide planning project rev iew services including design review, lan d use entitlements, including but not limited to general plan amendments, speci fic pla ns, zoning code amendments, etc. Project management services for current and advance planning program s, po licy d evelopment, environmental stu dies, traffic studies, local/state/federa ll y funded grants, spec ific plan s, planned deve lopments, residential deve lopments and document preparation incl udi ng st aff re ports and techn ical studies. Community outreach services for project or program specific projects, including print and on-line communications, visi oning workshops, in ter-governmental agency collaborations, and public op inion surveys. Represent pl anning staff at public meetings and prese nt planning and zoning projects to various planning commiss ions , city counci ls, government agencies and community grou ps. Lead , coordinate and manage all planni ng/municipal servi ces staff and provide staffing evaluation services. City of Baldwin Park, Californ ia. As soc iate Pla n ner/Acting Pr inci pal Planner/Assistant Planner/Planning Technician. Perform current, long term and advanced planning activities, an alyze and compile technical data , research and prepare staff reports for Planning Commissio n an d City Council. Process Plan/Design Reviews; plan checks and any app licable entitlement. In terpret plann ing procedures and zon ing req uirements, prep are environmental documents, conduct a variety of general plan and zoning code amendment and planning studies, make poli cy recommend ations, develop r equests for proposa ls, ma nage contract compliance for grants and prof essional services and act as staff liaison between the City Council and consultants. Supervise and direct sensitive, sign ificant and controvers ial pla nn ing projects and grant programs. Administer De sign Rev iew and the Planning Comm i ssion Meetings. Collaborate with policy ~/C OMP RE HE NS I V E . "R' I NNOVATIVE. T R USTED. Proposal for Community Developm ent Block Grant Consultant Services I 13 City of Temple City Salva dor l opez Jr . Continued makers, civic leaders and advocate s. Train and instruct staff, ass ist in managi ng and coord inating the activities of the Planning Division. Health and Bu ilt Environment Analyst I Complete Streets Coo r dinator. Develop and manage health activities and policy efforts through the Healthy Baldwin Park Initiative . Promote and im pl ement policy, systems and environmental changes to improve nutrition, i ncrease physical activity and reduce obesity rates. Expand and str engthen policy agenda to advocate fo r im proved health and built environment outcomes. Integrate health and the bui lt environment to co ll aborate with city departments to ensure that cities see the benefits of working on long term planning to address econom ic and development chall enges . Work to ensure long term sustainability of residents, stakeholder and community engagement in planning efforts. Coordinate and facilitate community meetings and special events . Lead staff in the pas sage of all health oriented policies including city-wide smoke free policies, smoke free multi-fami ly ordinance, tobacco retail licensing, hea l thy retai l guidelines, hea lthy vending and most recently a nationally recognized comp lete streets policy . Draft and disseminate press releases, city newsletter articles, proclamation s and provide talking points/speeches for city offi cia ls as it relates to city policy/projects . Pursue grant opportunities and continue to be an integra l component to the city's goa l of creating a walkab le and healthy community. City of Pasa den a, Cali f ornia. Advance Planning Intern. Perform land use inventories and surveys for various projects, gather and analyze data, prepare and maintain all re lated maps fo r presentations and documents, data entry and general office responsib i lities, prepare written documents and spreadsheet s, operate a variety of computer software and perfo rm any other planning tasks . ~/COMPREHEN SI VE . --IN N OVATIVE. Proposal for Comm unity Development Block Grant Consu ltant Services I 14 TRUSTED. City of Temple City Education M.A., Industrial Psych ology (Human Resources}, California State University, Los Angeles B.A., Psychology, University of California, Los Angeles B.A., Sociology, University of California, Los Angeles 17 Years' Experience Sandra Medrano Housing Rehabilitation Specialist Ms. Sandra Medrano brings to W illdan Engineering over 17 years of expe rien ce in housing rehabili tation . Ms. Medra no is currently as sisting the City of Temple City with the administration of housing rehabilitation loan/grant program. Previously with Willdan Engineering, she also assisted the Cities of Norco, Artesia and Paramount and the Bell Gardens and La Mirada Redevelopme nt Agencies w ith the operation of HOME and redevelopment set -aside funded housing re hab ilitation programs, respectively. Pr ior to joining Willdan, Ms. Medrano provided housing rehabilitation services to several Southern California cities inclu d ing Lake Forest, La Puente, and Mission Viej o. In administering housing rehabilitation programs, her duties have included: managing the utilization of federal, state and local funds budget ed for housing rehabilita tion purposes; interviewi ng qualified perspective applicants for HU D, HCD or Redevelopment Agency financial assistance; prepari ng work write ups and cost estimates; coordinating the solicita tion of bids from contractors and the selection of contractors; overseei ng the packing and processing of loan/grant docume nts; and conducting progress inspections of rehabilitation work. Relevant Project Experience City of Temple City. Ms. Medrano is currently ass isting with the admi ni stration of the City's CDBG Home Re hab il itation Program. City of Norco . Ms. M edrano assisted with the adminis tration of t he City's CDBG Home Rehabilitation Program. City of Pico Rivera . M s. Medrano recently assisted with the administration of the City's CDBG Home Reh ab ilitati on Program. City of Bell Gardens Redevelopment Agency . M s. Medrano assisted w ith the operation of a Redeve lopment Agency funded Hou sing Rehab ilitation Loan and Grant Program . Cities of Artesia and Paramount, and La Mirada and Irwindale Redevelopment Agencies. Ms. Medrano's responsibilities have included : • Interviewing and qua li fying perspective applicants . • Performing on-site ins p ections of homes proposed for rehab i li tation. • Making specific recomme ndat ion s on suitabi li ty of rehabilitation work proposed by homeowners. • Reporting to and making recommendations to loan committees regarding ind iv idual applicants. • Processing all deeds and loan paperwork requ ired by city procedu res. • Assi sting with selection of appropriate private contractors to perform work. • Mediati ng between homeowners and contractors. • Conducting progress inspections of rehabilitation work and requesti ng disbursement of contractor payments. M ainta i ning documen t files on all eligible applicants. Prior Experience Cities of Lake Forest , La Puente and Mission Viejo. M s. M edrano's respons ibilities i nclu ded : • Administered annua l budget of U.S. Departme nt of Housing and Urban Deve lopment (HUD) fundin g to assist low-income city residents with needed home re pairs. Proposa l f or Community De velopment Bloc k Grant Cons ultant Services I 15 City of Temple City Sa ndra Medrano Continued • Interviewed and qualified perspective ap plicants for participation in HUD funded program. • Performed on -s ite inte rv ie w s/inspections t o ensure homeowner/property eligibility. • M ade specific recomme nd ations on sui t abili ty of r eha bilitative actions taken by hom eowners. • Repo rted to and ma de rec o mmenda t ions to loan comm ittee regarding individual applica nts. • Processed all dee ds an d loan paperw ork require d by cit y proce dur es . • Ass isted with selec tion of appro pri ate private co ntracto rs to perform w or k. • M edi ate d between homeowners and contracto rs . • M aintaine d docume nt f ile o n all eligi ble res id ents . ...._&\/CO M PRE H ENSIVE. --. INN O VATIVE. Pr oposal f or Community Development Block Grant Consultant Services I 16 T RU ST ED. City of Temple City Edu cation Bachelor of Arts, Environmental Planning and Design Californi a State University, Fullerton 27 Years ' Exp eri ence Andre Valencia-Dupret Principal Planner Mr. Andre Val en cia -Dupret is a community devel o pment resource speciali st and urban planning manage r whose current and recent engagements include Interim Director of Development, Co mpl ia nce & Enforcemen t Services for the City of Lynwood, Assistant City Manager for the City o f So ut h Pasadena, contr act redevelopment co nsultant for the City of Artesia, and the in-house co mm unity development and redeve lopment advi so r f or the City of Pomona and City of M aywood . M r. Valencia-Dupret maintains a direct hands-on approach to customer service. He also served as the Interim Deputy City Manager, and Di rector of Community Deve lopment, Eco nomic Development, Planning and Housing, an d Community Serv ice Departments for the Ci t y of Pomona. Relevant Project Experien ce COMMUNITY DEVELOPMENT BLOC K GRANT PROGRAM ADM IN ISTRATI ON Sixt een years of relevant ex perience in the admi nistration and monitoring of CDBG programs working directly with HUD as recipient city or with t he Los Ange les Commun ity Development Commission (LACDC) as su b-recipient city. • Interim Director of Development, Compliance & Enforcement Services, City of Lynwood o Recipient City o Oversee an ap proxima t e $1,20 8,000 CDB G Program Yea r 2017 budget o PY17 projects with approximate budgets: • CD BG Program Admin istra t ion • • • • • • Fair Housi ng FY1 7 Street Improvements Co de En f orcement Senior Citizen Program Athletics Community Services St. Francis Health Fairs $215,000 $ 10,000 $670,600 $245,000 $ 50,000 $ 15,000 $ 2,000 o Responsi bl e for administration, monitori ng & reporting on 10 active Housing Rehabilitation Program cases in conjunction w i th $262 ,000 in HOME program funds • Project Manager, City of Maywood o Sub-recipient City through LAC DC o Oversaw an approximate $585,000 CDBG PY16 budget o PY 16 proj ects with approximate budge ts including adm inistration all owance: • Code Enforcement $160,000 • Gra ffiti Removal $125,000 • Housi ng Rehabilitati on $100,000 • Bus iness Fac;ade Program $200,000 • Deputy City M anager/Director of Communi t y Development, City of Pomona o Recipient City o Oversaw approximately $2,500,000 in annual CDBG Program Year budgets from 2002 through 2008. o Projects i nclu ded • Crime Prevention Act ivit ies (police programs) • Youth Services (educati onal, recreational, employment an d outreach) • Senior Services (nutritio n, transportation, medical and other support services) • Hea lth and Safety (co de compliance) Fair Housing Services Ho meless Services ..& ii.:/ CO MPR EH ENSIVE. --IN N OVATIVE. TR U STED. Proposal for Community Deve lopment B lock Grant Co nsultant Serv ices I 17 City of Temple City Andre Valenda-Dupr et Continued • Specific experien ce in the following: o Citizen Partici pation Plan o Commu n it y Needs Surveys o Annua l Act ion Plans o Consolida t ed An nual Perfor man ce Evaluation Report s (CAPER s) o CDB G Ann ual Pla nning Process o CDB G Progr am Asse ssment Ev aluations o Annu al Repo rting , Quarterly Progr ess Reports, Project M on itori ng PLANNING & BUILDING (Department manageme nt res ponsib ili ties ) • Planning services • General Plan (Up date) • Permitting • Hou sing Element (Upd ate) • Plann ing Commissi o n (Staff Liaison) • Building Code • M unici pal Co de • Zo ning regulations • Building Inspectio ns REDEVELOPMENT/ECONOMIC DEVELOPMENT (O vers ee t he follo w i ng acti vities) • Projects ma nage ment/monito r ing • Commercia l F a~a d e Imp rovement Progra m • Annua l Re porting • Dissolution of Redevel op me nt activities • Administration of SA projects/prepara t ion of ROPS bu dgets/re ports Li aison to t he Succes sor Agency • Staff liai son to the Ove r sight Board PUBLIC WORKS/UTILITIES SERVICE S (Oversee) • St reets/cu r bs/gut t ers/sidewalks/med ians • Sewer maintenance • NP DES/storm drain s • St reet lights • Traffic signals/sig nage • W ater quality monito rin g • Utilitie s ADMINISTRATION (Oversee or participate in t he management functio ns liste d below) • City M anager's Offi ce affairs • Agen da r eport w riti ng; preparation of res ol utions and ag reemen t s/grants writ ing and admini stration • Li aison t o Co un cil of Governments/W ater M ana gement Author ity/Schoo l Dist ricts • Tran sportation Co r ri dor Proj ects oversight • Youth summer em ployment, intern and Volun t eer programs • City tran si t services • Special Fund s administrati on (Props A, l B & C; M ea sure R; Ga s Tax Fund s) • Contracts manage ment • Public Safety (P ol ice, Sheriff's, Fir e)-Uni on Lia is on • Pe rsonnel/Human Res ources • Risk M anagemen t/Third Party Administ ra tor ...,... ~/C O MP REH E N SI VE . --INN OVAT IVE. Pr oposal f or Community Development Block Grant Consultant Services I 18 TRUSTED. City of Temple City An dre Vale ncia -Dupret Continued • Intergovernmental re lations • Pub lic informati on office • Information Technology (IT); City App ; an d City webs ite programs • Redev el opment(RDA)/Successor Agency {SAl/Oversight Board (OB) • Function as Acting City Manager in the absence o f the City Manage r COMMUN ITY SERVICES (Oversee the following se rv ice s) • • • • • Trees an d landscaping maintenance o Parks o Commu nity/sen ior center s o Streets and med ian s Trash pickup Street sweepi ng Bus shelters/trash receptacl es m aintenance Facil ities ma i ntenance o City Yard o City-owned build ings FINANCE DEPARTMENT SERVICES • Park i ng enforcement/citation processing • Overn ight Parking Program perm it s • Bu siness licenses • Yard sales permits • Street Lighting Assessment District • In surance/liab ilities • Budget forecas ting • Annual budget prepa r ation • Code Enfo r ceme nt Mr. Valencia -Dupret earne d his Bach el or of Arts Degree in Env ironmental Plann ing an d De sign from Ca lifornia State Uni ve r sity, Fullerton, ha s taken advanced courses at Western State University Co ll ege of Law, and has lectured on pla nn ing and redevelopment related issue s to college and industry au d iences. Pa st licen ses have included Cal ifornia St at e Teach ing Credentia ls and California Rea l Estate Sale s. He r ecen tly completed five years as a Board Member of the University Foundation of Ca lifornia Po lytechn ic University, Pomona. rii_/ COMPREHENS I VE . ... INNOVATIVE. TRUSTED. Proposa l for Comm uni ty Deve lopment Block Grant Cons u ltant Services I 19 City of Temple City Educat i on 1982, BA, Linguistics, Un i versi ty of Konsos 1993, Attorney Assis tant Tra ining Program, Litigatio n/ Corporations, University of California, Los Angeles 16 Yea rs' Exp eri en ce Jane E. Freij Labor Compliance Manager Ms. Jane E. Fre ij is an experienced Administrative/Proj ect Manager who consi stently ach ieves profitability through compre hen sive and effective management of time and budget. Key areas of experti se include project needs analyses, sche duling and budgeting , contract adminis tration/negot iation, legal documentat ion, po licy and procedure development, and writing and editing. As a Supervi sing Labor Comp liance Manager, M s. Freij provid es oversig ht of la bor complia nce mon itoring services for various federally -funded projects under FHWA, FTA, HUD, and EPA. Sh e is fami liar with the FHWA federal funding administration proce ss from field review and r equest for authorization to f i nal invoicing an d has specialize d training in the reporting r equ i rements and fraud detecti on and prevention procedures for projects funded by t he American Recovery and Reinvestment Act of 2009 (ARRA). Experience pri or to j oining Will dan includes 4 years with Edison Enterprises, where Ms. Freij serv ed as Co ntract Adm inistrator and Sen i or Contract Administrator. In these posi tions, she developed and negotiated contracts for products and services , monitored and enforced co ntractual compliance, co nstructed con t ractua l te r ms and conditions, served as risk management liais on, an d managed a m ul t i-state licens ing project for an energy services subsidiary . Ms. Fr eij has a strong leg al backgro und, having served as a paralegal and sen ior paralega l for liti gati on attorneys in the area s of re al estate, land development, and contract law. She is experienced in Microsoft Word, Microsoft Excel , and Le xis-Nexis research softwar e. Federal and State Labor Compliance Federal Highway Administration (FHWA) Labor Compliance, Va rious Cities, California . Responsible for prov iding supervi sory federal and state la bor compliance services for FHWA f unded projects in the following cities: • Baldwin Par k • Pa ramount • Ca labasas • Pic o Ri vera • Coa che lla • Placentia • Commerce • Pomo na • Hawai ia n Gardens • Rancho Pa los Verdes • Huntington Park • Rolling Hills Estates • La Canada Fl intridge • Rosemead • La Mirada • South Gate • La Puent e • South Pasadena • Lakewood • Thousand Oaks • Maywood • Westla ke Village • Monterey Par k Community Development Block Grant (CDBG) Labor Compliance, Various Cities, Californ i a. Respons i ble fo r providing supervis ory federal and state labor compliance services for CDBG- funded project s administered by the U.S. Department of Hou sing and Ur ban Development (HUD) and the Los Ang eles County Community Developme nt Commissi on (LACDC) in the foll owing cities : ...._ ii: /COMPREH ENSI V E. --I NNOVATI VE. Proposal for Community Development Block Grant Consu ltant Services I 20 TRUSTED. City of Temple City Jane E. Freij Continued Bell Garden s • Maywood • Bur bank • Paramount • Cali mesa • Pico Riv era • Commerce • Ro sem ead • Hawaiia n Gardens • San Marino La Mirad a South El Monte • l awnd ale • South Gate Safe Routes to School, City of Hawaiian Gardens, Califo rni a. labor Comp liance Manager. Willdan Eng ineering provided professiona l enginee r ing services for the Safe Routes to School (SRTS) Project. The project consists in the preparation of plan s, sp ecifications, and estimate (PS&E) for street and traffic d esign includ ing f ie ld survey, envi r onmental documentat ion , utili ty coordi nation, contract administration, re cord drawings, con struction in spection and labor com plia nce . Th e improvements for street and traffic surround Fedde M iddle School, Furge son and Hawa iian Elementary School. The federal SRTS was in the amount of $611,000. The project would improve signing and stripin g, ADA acce ss ramps, provide rai sed pedestrian cross walks an d pedestrian traffic control d evice s. local Street Ove rlay , City of Norwal k, Califo r nia. Respon sible for payroll review/proj ect oversight. The project im provements include in stal lation of AC pavement; reconstructi on of roa d sect ion s; re placeme nt of damage d curb and gutter, drive approaches, si dewalks, and cross - gutters; install ation of ADA ramps; replacement of str iping, legends, tra ffic loops , water cans and cove r s; and adju stmen t of manholes. The project w ill utilize CDB G f und s, with a con struction con tract period estimated to be 90 working days . The con struction contra ct ha s been awa rded to Hardy & Harper, Inc. in t he amount of $1,876 ,000. Bradford/Mad is on Street Improvement, City of Pla ce ntia, California. l abor Comp li ance Ma nager. Re spon si ble for providing labor compliance services for this project that involved providing professiona l construction en gine eri ng and funding administrati on for the Bra dford /Madison Street Improvement Proj ect. Willdan al so provided constructio n ma nagement and construction inspecti on servic es for the ARRA fun ded project. The p roject involved t he removal and r eplacement of damage d street sections, asphalt overlay, m is cella neous conc r ete repairs to si dewalks an d curbs, pl anting of street t r ees, and other appurtenant work. Third Stree t Improvements, City of Calim esa, California. labor Compl iance Manager. Res p ons ible for providing labor compl i ance services for th is project whi ch involved provid i ng professiona l con struction engineering and fund i ng adm inistrati on for the Third St reet Improvement Project. W illda n also provided const r uction management and con struction ins pection services for the ARR A fu nded project. The project involved the r emova l and replacement of d amaged street sections, aspha lt overlay, m is cellaneous concrete repa i rs to sidewa l k and curbs, planting of street tree s, and other appurtenant work. Saturn Avenue Street Improvements, City of Huntington Park, Cal ifornia . l abor Comp liance Manager. Re sponsible fo r lab or compliance services for this $1.9 million street i mprovement project, which is f unded th rough the Federal Highway Adm inistrati on (FHWA) and administered by th e Ca li forn ia Department of Tran sportation (Caltran s) utilizi ng American Recovery and Reinvestment Act (ARRA) f unds. M s. Fr eij is al so assi sting the City w ith grant adm inistrati on services . ....,. ii: /COM P REHENSIVE. --INN OVATIVE. Proposa l f or Community Development Block Grant Consultant Services I 21 TRUSTED. City of Temple City c. Approach and Schedule Project Ap pro ac h We understand that the City is seeking continued services of a w ell -qua l ified cons ultant to administer all aspects of the City's CDBG funded Housing Rehabi litati on Program. As such , the consu ltant selected wou ld be responsible for the techn ical implementation of the program, as well as regula rl y reporting on program performan ce and ass ist ing w ith program marketing. Based on our pa st and current ex perien ce in adm i nis tering this program f or th e City, the spe cific ta sks t o be performed by our staff are as f o llows: ./ Condu ct prelim in ary interviews to det ermine own er's eligibi l ity statu s and de sired improvements for dwelling un it. ./ Process application s for Hou si ng Rehabilitation Program fu ndin g for eligibl e homeowners . ./ Obtai n all required su pporting documentation including income verification, value of property, condit ion of title, and credit worthiness of appl icant, as app l icable . ./ Conduct property inspections and prepare wor k write-up s and , if necess ary, cost estimates . ./ Complete all applicable CDBG documents relati ng to the improvement activities , in clu sive of: lead -ba sed paint requ i rements, historical pre se rv ation review, etc . ./ Prepare specificati on s and bid documents, and rev iew rece ived bids w ith the homeowner . ./ Approve se lec tio n of contractor, and prepare and execute documents for financial assistance to homeowner . ./ Obtain contracto r clearance s for non-in clu sion on the Federa l Debarred/Suspended List and determi ne that co ntractor is licen sed and bonded through Sta t e Contractor's License Board . ./ Conduct pre-const ru cti o n conference to review all proposed work with t he homeowner and contractor . ./ Conduct progress i nspe ction s to en su re that work is proceeding i n a timely manner and to authorize and disburse prog re ss payme nt s . ./ Execute and record Notice of Completion upon final in spection certifying that the improvements have been com pleted in accordance with cont ra ct requirements . ./ Acquire lien releases from contractors and subcontractors, obtain homeowner's authorizatio n for final payment, and execute close -o ut of contractors work by ensuring that permanent file contain s required documentation for CDC monitoring and audit purposes . ./ Prep are monthly prog res s reports to the City . ./ Provide City with program accomplishment data , needed for Quarterly Performan ce Reports t o CDC. ./ Assist City staff with community marketing/outreach efforts for both programs. Schedule The schedule for completing a home improvement loan project can vary, depending on the size of the project and the number of contracto rs i nvolved with the project . However, for a typical home rehabil itation project involving mino r alternations the improveme nts cou l d be complet ed and the project clo sed out w it hin approximately 3 month s. Larger projects which include major roof, plumbing, or electrical improvemen t s, could be co mpleted within 6 months. It should be noted that we ha ve been Proposal for Community Development Block Grant Cons u lta nt Services I 22 L City of Temple City highly successful in Temp le City with housing rehabilitat ion project schedules due to the se le ction of the right contractors to co mplete the project and our familiarity with their work and turn-around times . d. Costs Willdan is proposing to prov ide th e services identified in the "Project Approach " sect ion of this proposal on an hourly basis in accordance with the followi ng hourly rates: The se rates, which are fully burdened, sha ll remain in effect throug h June 30, 2018 and thereafter may be adjusted annually based on the lesser of three (3) percent or the Consumer Price Ind ex. The City will not be charged ext ra for supp lies o r other non-personne l costs. The City will not be billed for travel time, but only for the hours worked by our staff at City Hall or our offices. Our project team will maintain regu lar contact with City staff. The City will be bi ll ed monthly for serv ices rendered. The hourly rates provided above shall serve as the Schedule of Cos t s for services identified in the "Proj ect Approach/Scope of Services ." In no case sha ll t he cos t f or the requested services, excluding federal lab or standards compliance monito rin g, exceed 10% of the total CDBG funds recei ved by the City during any fisca l yea r . Fe dera l labor standard s compli ance monitoring wi ll be perform ed , as needed, on a p roject-by-project ba sis for a not-to-exceed fee to be determined prior to the com mencem ent of work and charged against the bud gets for the co nstruction projects being monitored rather than the general administration budget. e. Acceptance of Conditions Willdan has reviewed the Sample Agreemen t provided by the City in its RFP and has the following requests for r evision: Exhibit C., Page 2: (4} Profess jo oal Liab ilitY.. $1 ,000,000 per eee~FFeAee claim and $2 ,000,000 annual aggregate . ra-:::/ COMPREHENSIVE. --INNOVATIVE. TRUSTED. Proposal for Community Development Block Grant Consultant Services I 23 ~WILLDAN 13191 Cro ssroads Parkway Nort h , Suite 405 Industry, Ca l iforni a 91 746-3443 562 .908.6200 I Fa x : 562.695.2120 www.willdan .com