HomeMy WebLinkAbout06. CIP 18-07 Apprv PSA w-FCG Consultants for Const Mgmt Inspect & Materials Testing SrvsItem Ro.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL APPROVED BY
CITY NAGER
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FROM: OFFICE OF THE CITY MANAGER
BY:DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGI R
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FCG
CONSULTANTS, INC. FOR CONSTRUCTION MANAGEMENT, INSPECTION
AND MATERIALS TESTING SERVICES FOR IMPERIAL HIGHWAY TRAFFIC
SIGNAL UPGRADES AND SAFETY ENHANCEMENTS, CAPITAL
IMPROVEMENT PROJECT (CIP) NO. 18-07
That the City Council:
1. Approve professional services agreement with FCG Consultants, Inc. in the amount of
$143,905.63 for construction management, inspection and materials testing services for
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, CIP No. 18-07;
2. Authorize Mayor to execute the agreement in a form acceptable by City Attorney; and
3. Authorize City Manager to execute any and all amendments to the agreement as deemed
necessary for this project.
In 2016, the City applied for and was successful in securing $1,243,100 in grant funding for the
Imperial Highway Traffic Signal Upgrades and Safety Enhancements through the federal
Highway Safety Improvement Program (HSIP) Cycle 8 for the completion of a series of traffic
signal upgrades and safety enhancements to improve traffic safety and operational efficiency
along the Imperial Highway corridor. On May 26, 2020, the City Council awarded a construction
contract for this project and the construction agreement has been executed. The next and final
step necessary for construction to commence is to retain the services of an engineering
consulting firm to provide construction management, inspection and materials testing services to
facilitate the construction phase of the project. The project limits are shown on the attached
project location map (Attachment A).
Professional Services Agreement with FCG Consultants, Inc. for Construction Management,
Inspection and Materials Testing Services for Imperial Highway Traffic Signal Upgrades and
Safety Enhancements, CIP No. 18-07
July 28, 2020
projects, qualifications of project team members, capability of developing innovative and/or
advanced techniques, technical ability and approach in providing scope of services, and quality
and completeness of proposal. Based on the review and evaluation of the proposals, the final
scores of the proposals were as follows:
Firm Score
FCG Consultants 90
GK & Associates 83
Based on the review of the proposals submitted, FCG Consultants, Inc was ranked number 1.
FCG Consultants, Inc. demonstrates extensive relevant experience providing construction
management, inspection and materials testing services on similar projects involving traffic signal
upgrades and related safety enhancements, possesses an abundance of familiarity and
expertise with federally -funded projects, and is well -versed in City of Downey and Caltrans
Local Assistance Procedures Manual (LAPM) standards and procedures. They have provided
satisfactory services for the Cities of Downey, Irwindale, Norwalk, Moorpark and Whittier. In
addition, staff has confirmed that FCG Consultants, Inc possesses the necessary licenses and
credentials, has met the required Disadvantaged Business Enterprise (DBE) participation goal
and has satisfied all other requirements as necessary to provide the subject professional
services.
The work to be performed under this project consists of the following:
• Upgrading existing traffic signals at Old River •• Road, Barlin Avenue, Dunrobin
Avenue, Smallwood Avenue, Citizenship Court, Downey Avenue, Brookshire Avenue,
Columbia Way, Ardis Avenue -Caring Way, Bellflower Boulevard and Woodruff Avenue
• Installation • fully -protected left -turn phasing • the Imperial Highway approaches at
Downey Avenue and Brookshire Avenue and protected -permissive let -turn phasing •
the Imperial Highway approaches at Barlin Avenue and Dunrobin Avenue
• Upgrading existing curb access ramps at the Old River School Road, Smallwood
Avenue, Barlin Avenue, Dunrobin Avenue and Woodruff Avenue intersections to current
Americans with Disabilities Act (ADA) standards.
The approval and execution of the professional services agreement (Attachment B) will allow
FCG Consultants to proceed with the subject construction management, inspection and
materials testing services for this project. Construction is anticipated to begin in August 2020
and will be completed in February 2021.
Quality of Life, Infrastructure & Parks
0
Professional Services Agreement with FCG Consultants, Inc. for Construction Management,
Inspection and Materials Testing Services for Imperial Highway Traffic Signal Upgrades and
Safety Enhancements, CIP No. 18-07
July 28, 2020
FISCAL IMPACT
The total estimated cost of providing construction management, inspection and materials testing
services for this project is $143,905.63 broken down as follows:
Descript i o n Amount
Construction Management $42,664.54
Inspection $89,820.09
Materials Testing $11,421.00
Total Estimated Project Cost: $143,905.63
A total of $143,905.63 is currently available in the FY 2020-21 Capital Improvement Program to
support this activity in account no. 26-16722 with funding provided through the Caltrans federal
HSIP (Cycle 8) Grant.
ATTACHMENTS
Attachment A — Project Location Map
Attachment B — Professional Services Agreement
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CITY OF DOWNEY
DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION
PROJECT LOCATION MAP
PROJECT: PROJECT NO. CIP 18-07 - IMPERIAL HIGHWAY TRAFFIC SIGNAL
UPGRADES AND SAFETY ENHANCEMENTS PROJECT
LIMITS: IMPERIAL HWY: OLD RIVER SCHOOL RD. TO WOODRUFF AVE.
1 . PARTIES AND DATE.
This Professional Services Agreement ("Agreement") is made and entered into this 28th
day of July, 2020 by and between the City of Downey, a California municipal corporation and
charter city with its principal place of business at 11111 Brookshire Avenue, Downey
California 90241 ("City") and FCG Consultants, Inc., a California Corporation, with its
principal place of business at 22885 Savi Ranch Parkway, Suite G, Yorba Linda, CA 92887
("Consultant"). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties."
2. RECITALS.
PAINEUITOTIT-TMT. M,
Consultant desires to perform and assume responsibility for the provision of certain
professional construction management, inspection and materials testing services required by
City on the terms and conditions set forth in this Agreement. Consultant represents that it has
demonstrated competence and experience in providing professional construction
management, inspection and materials testing services to public clients, is licensed in the
State of California, and is familiar with the plans of City.
City desires to engage Consultant to render such services for the Imperial Highway
Traffic Signal Upgrades and Safety Enhancements Project ("Project") as set forth in this
Agreement.
3.1.1 General ScoDe of Services. Consultant promises and agrees to furnish to
City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional construction management,
inspection and materials testing services necessary for the Project ("Services"). The Services
are more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this Agreement,
the exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
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parties, unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and
deadlines. The term of this Agreement may be extended bya written amendment to this
Agreement signed by the City Manager and Consultant.
3.2.1 Control and Pavment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an
employee. Consultant retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries,
and other amounts due such personnel in connection with their performance of Services under
this Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing
services under this Agreement claims or is determined by a court of competent jurisdiction or
the California Public Employees Retirement System (CaIPERS) to be eligible for enrollment in
CaIPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless CITY
for the payment of any employee and/or employer contributions for CaIPERS benefits on
behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of
any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services. The parties acknowledge that the
Schedule of Services may be amended by mutual agreement due to changes in
circumstances, including changes in the performance schedules of other third parties
performing work for the City on the Project, which affect the timing of Consultant's performance
of the Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City that
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certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute its Project
Manager or other personnel of at least equal competence upon written approval of City's
Project Manager. In the event that City and Consultant cannot agree as to the substitution of
key personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable to the
City, or who are determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property,
shall be promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City's Representative. The City hereby designates Delfino R. Consunji,
Director of Public Works/City Engineer, or his designee, to act as its representative for the
performance of this Agreement ("City's Representative"). City's Representative shall have the
power to act on behalf of the City for all purposes under this Agreement. Consultant shall not
accept direction or orders from any person other than the City's Representative or his
designee.
3.2.6 Consultant's Project Manager. Consultant hereby designates Abdallah
Fakhouri, or his designee, to act as its Project Manager for the performance of this
Agreement ("Consultant's Project Manager"). Consultant's Project Manager shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Project Manager shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants and other staff
at all reasonable times.
3.2.8 Standard of Care; Performance of Emplovees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all
licenses, permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, including a City Business License, and that such licenses and approvals
shall be maintained throughout the term of this Agreement. As provided for in the
indemnification provisions of this Agreement, Consultant shall perform, at its own cost and
expense and without reimbursement from the City, any services necessary to correct errors or
omissions which are caused by the Consultant's failure to comply with the standard of care
provided for herein. Any employee of the Consultant or its sub -consultants who is determined
by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of
the Project, a threat to the safety of persons or property, or any employee who fails or refuses
...... ...... ._ . ____ Page 3
to perform the Services in a manner consistent with the standard of care set forth herein, shall
be promptly removed from the Project by the Consultant and shall not be re-employed to
perform any of the Services or to work on the Project.
3.2.9 Laws and Requlations. Consultant shall keep itself fully informed of and in
compliance with all applicable local, state and federal laws, rules and regulations in force atthe
time the Services are performed by Consultant and in any manner affecting the performance of
the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all
notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations. Consultant's violation of such laws, rules and regulations shall also constitute a
material breach of this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the Services
under this Agreement until it has provided evidence satisfactory to the City that it has secured
all insurance required under this section. In addition, Consultant shall not allowany
subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under this
section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the
Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same
insurance for the duration of the Agreement. Such insurance shall meet at least the following
minimum levels of coverage:
(A) Minimum Scooe of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability. Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability.
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance
as required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no
less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form with general
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aggregate limit is used, either the general aggregate limit shall apply separately tothis
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of $2,000,000 per accident
for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and maintain, and
require its sub -consultants to procure and maintain, for a period of five (5)years following
completion of the Project, errors and omissions liability insurance appropriate to its
profession. Such insurance shall be in an amount not less than $2,000,000 per claim, and
shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on formssupplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to
state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall
be covered as additional insureds with respect to the Services or operations performed by or
on behalf of the Consultant, including materials, parts or equipmentfurnished in connection
with such work; and (2) the insurance coverage shall be primary insurance as respects the
City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's insurance and
shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by
the City, its directors, officials, officers, employees, agents and volunteers shall be excess of
the Consultant's insurance and shall not be called upon to contribute with it in anyway.
(C) tNorkers' Compensation and Emoloyers Liability Coverage. The
insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents and volunteers for losses paid under the terms of the insurance
policy which arise from work performed by the Consultant.
(D) All Coverages.. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City; and (B) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect coverage
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provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds: No Special Limitations. All insurance required
by this Section shall contain standard separation of insureds provisions. In addition, such
insurance shall not contain any special limitations on the scope of protection afforded to the
City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self -Insurance Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the City. Consultant shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles
or self -insured retentions as respects the City, its directors, officials, officers, employees,
agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of
losses and related investigation costs, claims and administrative and defense expenses.
3.2.10.7 Acceptabilitv of Insurers. Insurance is to be placed with insurers with
a current A.M. Best's rating no less than A:VII, licensed to do business in California, and
satisfactory to the City.
3.2.10.8 Verification of Cover. e. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Agreement on
forms satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall
be on forms provided by the City if requested. All certificates and endorsements must be
received and approved by the City before work commences. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in accident
prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.2.11.1 Work Area Traffic Control. Pursuant to the authority contained in
Section 591 of the Vehicle Code, City has determined that such area within the limits of the
project are open to public traffic. Consultant shall comply with all of the requirements set forth
in Division 11, 12, 13, 14 and 15 of the California Vehicle Code. Consultant shall take all
reasonably necessary precautions for safe operation of its vehicles and the protection of the
traveling public from injury and damage from such vehicles.
3.2.11.2 Subcontractor Compliance. Any subcontract entered into as a result of
this Agreement shall contain all of the provision of this Article.
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3.2.11.3 Cal -OSHA Permit. Consultant must have a Division of Occupational
Safety and Health (CAL -OSHA) permit(s), as outlined in California Labor Code Sections 6500
and 6705, prior to the initiation or any practices, work, method, operation or process related to
the construction or excavation of trenches which are five feet or deeper.
3.2.12 Debarment and Suspension Certification. Consultant's signature affixed
herein, shall constitute a certification under penalty of perjury under the laws of the State of
California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to
Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies
that he/she or any person associated therewith in the capacity of owner, partner, director,
officer, or manager is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency; has not been suspended, debarred,
voluntarily excluded, or determined ineligible by any federal agency within the past three (3)
years; does not have a proposed debarment pending; and has not been indicted, convicted, or
had a civil judgment rendered against it by a court of competent jurisdiction in any matter
involving fraud or official misconduct within the past three (3) years. Any exceptions to this
certification must be disclosed to City.
Exceptions will not necessarily result in denial of recommendation for award, but will be
considered in determining Consultant responsibility. Disclosures must indicate to whom
exception apply, initiating agency, and dates of action.
Exceptions to the Federal Government Excluded Parties List System maintained by the
General Services Administration are to be determined by the Federal Highway
Administration.
3.2.13 Disadvantaged Business Enterprises (DBE) Participation. This project is
subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in
Department of Transportation Financial Assistance Programs". Consultants who obtain DBE
participation on this project will assist Caltrans in meeting its federally mandated statewide overall
DBE goal.
The goal for DBE participation for this Agreement is 75%. Participation by DBE consultant or
subconsultants shall be in accordance with information contained in the Consultant Proposal DBE
Commitment (Exhibit 10-01), or in the Consultant Contract DBE Information (Exhibit 10-02)
attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to
perform, Consultant must make a good faith effort to replace him/her with another DBE
subconsultant, if the goal is not otherwise met.
DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate
in the performance of Agreements financed in whole or in part with federal funds. Consultant
or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this Agreement. Consultant shall carry out applicable requirements of 49 CFR,
Part 26 in the award and administration of US DOT- assisted agreements. Failure by
Consultant to carry out these requirements is a material breach of this Agreement, which may
result in the termination of this Agreement or such other remedy as City deems appropriate.
Any subcontract entered into as a result of this Agreement shall contain all of the provisions of
this section.
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A DBE firm may be terminated only with prior written approval form City and only for the
reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination,
Consultant must meet the procedural requirements specified in 49 CFR 26.53(f).
A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of
the work of the Agreement and is carrying out its responsibilities by actually performing,
managing and supervising the work involved. To perform a CUF, the DBE must also be
responsible with respect to materials and supplies used on the Agreement, for negotiating
price, determining quality and quantity, ordering the material, and installing (where applicable)
and paying for the material itself. To determine whether a DBE is performing a CUF,
Consultant shall evaluate the amount of work subcontracted, industry practices, whether the
amount the firm is to be paid under the Agreement is commensurate with the work it is actually
performing and other relevant factors.
A DBE does not perform a CUF if its role is limited to that of an extra participant in a
transaction, Agreement, or project through which funds are passed in order to obtain the
appearance of DBE participation. In determining whether a DBE is such an extra participant,
Consultant shall examine similar transactions, particularly those in which DBEs do not
participate.
If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total
cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the
work of the Agreement than would be expected on the basis of normal industry practice for the
type of work involved, it will be presumed that it is not performing a CUF.
Consultant shall maintain records of materials purchased or supplied from all subcontracts
entered into with certified DBEs. The records shall show the name and business address of
each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless
of tier. The records shall show the date of payment and the total dollar figure paid to all firms.
DBE prime consultants shall also show the date of work performed by their own forces along
with the corresponding dollar value of the work.
Upon completion of the Agreement, a summary of these records shall be prepared and
submitted on the form entitled. "Final Report -Utilization of Disadvantaged Business Enterprise
(DBE), First Tier Subconsultants" CEM-2402F (Exhibit 17-F, of the LAPM), certified correct by
Consultant or Consultant's authorized representative and shall be furnished to the City's
Project Manager with the final invoice. Failure to provide the summary of DBE payments with
the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being
withheld from payment until the form is submitted. The amount will be returned to Consultant
when a satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE),
First Tier Subconsultants" is submitted to the City's Project Manager.
3.2.14 Cost Principles and Administrative Re uirements. Consultant agrees that
the Agreement Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations
System, Chapter 1, Part 31,000 et. seq., shall be used to determine the cost allowability of
individual terms.
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Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments.
Any costs for which payment has been made to Consultant that are determined by subsequent
audit to be unallowable under 49 CFR, Part 18 CFR. Federal Acquisition Regulations System,
Chapter 1, Part 31,000 et. seq., are subject to repayment by Consultant to City.
A. Method of Payment. The method of payment for this Agreement
will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs
(including costs, employee benefits, travel equipment rental costs, overhead and other direct
costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed
for actual costs that exceed the estimated wage rates, employee benefits, travel equipment
rental, overhead, and other estimated costs set forth in the approved Consultant's Cost
Proposal, unless additional reimbursement is provided for by an Agreement amendment. In
no event, will Consultant be reimbursed for overhead costs at a rate that exceeds City's
approved overhead rate set forth in the Cost Proposal. In the event that City determines that
a change to the work from that specified in the Cost Proposal and an Agreement is required,
the Agreement time or actual costs reimbursable by City shall be adjusted by Agreement
amendment to accommodate the changed work. The total compensation as specified in
Paragraph "B" shall not be exceeded, unless authorized by Agreement amendment.
B. Total Compensation. The method of payment for this Agreement
will be based on actual cost plus a fixed fee. Consultant shall receive compensation on a
fixed fee basis, including authorized actual costs, for all Services rendered under this
Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by
reference. The total compensation, including actual costs and the fixed fee, shall not exceed
One Hundred Forty -Three Thousand Nine Hundred Five Dollars and 63/100
($143,905.63) ("Total Compensation").
C. Allowable Costs. City will reimburse Consultant for actual costs
(including costs, employee benefits, travel equipment rental costs, overhead and other direct
costs) incurred by Consultant in performance of the work. Actual Costs shall not exceed One
Hundred Thirty -Five Thousand Two Hundred Thirty -Eight Dollars and 41/100
1$135,238.411 of the Total Compensation. Consultant will not be reimbursed for actual costs
that exceed the estimated wage rates, employee benefits, travel equipment rental, overhead,
and other estimated costs set forth in the approved Consultant's Cost Proposal attached
hereto as Exhibit "C", unless additional reimbursement is provided for by an amendment to
the Agreement. In no event will Consultant be reimbursed for overhead costs at a rate that
exceeds City's approved overhead rate set forth in the Cost Proposal. In the event that City
determines that a change to the work from that specified in the Cost Proposal and Agreement
is required, the Agreement time or actual costs reimbursable by City shall be adjusted by an
amendment to the Agreement to accommodate the changed work. The total compensation
as specified in Paragraph 3.3.1(B) shall not be exceeded, unless authorized by an
_____..._...__. Page 9
amendment to the Agreement.
D. Fixed Fee. In addition to the allowable actual incurred costs, City will
pay Consultant a fixed fee of Eight Thousand Six Hundred Sixty -Seven Dollars and
22/100 ($8,667.221 of the Total Compensation. The fixed fee, otherwise referred to as the
Consultant's profit, is nonadjustable for the term of the Agreement.
E. Reimbursement for transportation and subsistence costs are included
in the Total Compensation and shall not exceed the rates specified in the approved Cost
Proposal attached hereto as Exhibit "C".
F. When milestone cost estimates are included in the approved Cost
Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate
from the City's Representative before exceeding such cost estimate.
G. Progress payments will be made monthly in arrears based on
services provided and allowable incurred costs. A pro rata portion of Consultant's fixed fee
will be included in the monthly progress payments. If Consultant fails to submit the required
deliverable items according to the schedule set forth in the Statement of Work, City shall
have the right to delay payment or terminate this Agreement in accordance with the
provisions of Section 3.5.1 ("Termination of Agreement").
H. No payment will be made prior to approval of any work, nor for any
work performed prior to approval of this Agreement.
I. Consultant will be reimbursed, as promptly as fiscal procedures will
permit upon receipt by City's Representative of itemized invoices in triplicate. Invoices shall
be submitted no later than 45 calendar days after the performance of work for which
Consultant is billing. Invoices shall detail the work performed in each milestone and each
project as applicable. Invoices shall follow the format stipulated for the approved Cost
Proposal, attached hereto as Exhibit "C", and shall reference this Agreement number and
project title. Final invoice must contain the final cost and all credits due City. The final invoice
should be submitted within 60 calendar days after completion of Consultant's work. City shall,
within thirty (30) days of receiving such invoice, review the invoice and pay all approved
charges thereon. Invoices shall be mailed to City's Representative at the following address:
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
J. Salary increases will be reimbursable if the new salary is within the salary
range identified in the approved Cost Proposal and is approved by City's Representative. For
personnel subject to prevailing wage rates as described in the California Labor Code, all salary
increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly itemized
statement which indicates work completed and hours of Services rendered by Consultant.
The statement shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within thirty (30) days of receiving such
statement, review the statement and pay all approved charges thereon.
Page 10
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City
3.3.4 Extra Work. At any time during the term of this Agreement, City may request
that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project, butwhich
the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written
authorization from City's Representative. If authorized, Extra Work will be compensated at the
rates and manner set forth in this agreement.
3.3.5 Prevailin Wa es. Pursuant to Downey Municipal Code Section 2935, the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as
California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other requirements on
certain "public works" and "maintenance" projects, and all Federal, State and local laws and
ordinances applicable to the work shall apply to the Project. Consultant agrees to fully comply
with such Prevailing Wage Laws. Upon request, City shall provide Consultant with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant
shall make copies of the prevailing rates of per diem wages for each craft, classification or type of
worker needed to execute the Services available to interested parties upon request, and shall
post copies at the Consultant's principal place of business and at the Project site. Consultant
shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free
and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. When prevailing wage laws apply to the
services described in the scope of work, transportation and subsistence costs shall be
reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined
in the applicable Prevailing Wage Determination. If applicable, Consultant shall be registered at
all times with the Department of Industrial Relations under the Public Works Contractor
Registration Program for Labor Compliance. See http,,//www.dir.ca,aov.
3.3.6 Fundinq Requirements. It is mutually understood between the parties that this
Agreement may have been written before ascertaining the availability of funds or appropriation of
funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that
would occur if the Agreement were executed after that determination was made.
This Agreement is valid and enforceable only, if sufficient funds are made available to City for
the purpose of this Agreement. In addition, this Agreement is subject to any additional
restrictions, limitations conditions, or any statute enacted by the Congress, State Legislature, or
City governing board that may affect the provisions, terms, or funding of this Agreement in
any manner.
It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended
to reflect any reduction in funds. City has the option to void the Agreement under the 30-day
termination clause pursuant to Section 3.5.1, or by mutual agreement to amend the Agreement to
reflect any reduction of funds.
_ Page 11
3.3.7 Retention of Funds. The City shall hold retainage from the prime consultant
and shall make prompt and regular incremental acceptances of portions, as determined by the
City, of the Agreement work, and pay retainage to the prime consultant based on these
acceptances. The prime consultant, or subconsultant, shall return all monies withheld in
retention from a subconsultant within thirty (30) days after receiving payment for work
satisfactorily completed and accepted including incremental acceptances of portions of the
Agreement work by the City. Federal law (49 CFR 26.29) requires that any delay or
postponement of payment over thirty (30) may take place only for good cause and with the
City's prior written approval. Any violation of this provision shall subject the violating prime
consultant or subconsultant to the penalties, sanctions and other remedies specified in Section
7108.5 of the Business and Professional Code. These requirements shall not be construed to
limit or impair any contractual, administrative, or judicial remedies, otherwise available to the
prime consultant or subconsultant in the event of a dispute involving late payment or
nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by
a subconsultant. This provision applies to both DBE and non -DBE prime consultant and
subconsultants.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. The two parties to
this Agreement who are the before named Consultant and the before named City, hereby
agree that this Agreement constitutes the entire agreement which is made and concluded in
duplicate between the two parties. Both of these parties for and in consideration of the
payments to be made, conditions mentioned, and work to be performed; each agree to
diligently perform in accordance with the terms and conditions of this Agreement as
evidenced by the signatures below for a period of three (3) years from the date of final
payment under this Agreement.
3.4.2 Retention of Records.
For the purpose of determining compliance with Public Contract Code section 10115, et. seq.
and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when
applicable and other matters connected with the performance of the Agreement pursuant
to Government Code section 8546.7; Consultant, subconsultants, and City shall maintain and
make available for inspection all books, documents, papers, accounting records, and other
evidence pertaining to the performance of the Agreement, including but not limited to, the
costs of administering the Agreement. All parties shall make such materials available at
their respective offices at all reasonable times during the Agreement period and for three
years from the date of final payment under the Agreement. The state, State Auditor, City,
FHWA, or any duly authorized representative of the Federal Government shall have access
to any books, records, and documents of Consultant and it's certified public accountants
(CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit,
------------------- .......... - .................. . - - Page 12
examinations, excerpts, and transactions and copies thereof shall be furnished if requested.
3.4.3 Audit Review Procedures.
3.4.3.1 Any dispute concerning a question of fact arising under an interim or
post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City's
Director of Finance.
3.4.3.2 Not later than 30 days after issuance of the final audit report,
Consultant may request a review by City's Director of Finance of unresolved audit issues.
The request for review will be submitted in writing.
3.4.3.3 Neither the pendency of a dispute nor its consideration by City will
excuse Consultant from full and timely performance, in accordance with the terms of this
Agreement.
3.4.4.4 Consultant and subconsultant Agreements, including cost proposals
and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a
Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review.
If selected for audit or review, the Agreement, cost proposal and ICR and related work papers,
if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws
and regulations. In the instances of CPA ICR audit work paper review, it is Consultant's
responsibility to ensure federal, state, or local government officials are allowed full access to
the CPA's work papers including making copies as necessary. The Agreement, cost proposal,
and ICR shall be adjusted by Consultant and approved by City Project Manager to conform to
the audit or review recommendations. Consultant agrees that individual terms of costs
identified in the audit report shall be incorporated into the Agreement by this reference if
directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review
recommendations, or to ensure that the federal, state or local governments have access to
CPA work papers, will be considered a breach of Agreement terms and cause for termination
of the Agreement and disallowance of prior reimbursed costs.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. Should the Consultant fail to perform the
covenants herein contained at the time and in the manner herein provided, City may
terminate the whole or any part of this Agreement by giving written notice to Consultant of
such termination, and specifying the effective date thereof, at least seven (7) days before
the effective date of such termination. City may also terminate the whole or any part of this
Agreement at any time either for cause or for the City's convenience and without cause by
giving written notice as described above. Consultant may only terminate this Agreement
for cause upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Consultant shall be compensated only for those services which have been
adequately rendered to City, unless the cost of completion to city exceeds the funds remaining
Page 13
in the Agreement. Consultant shall be entitled to no further compensation and the overage
shall be deducted from any sum due the Consultant under this agreement and the balance, if
any, shall be paid to Consultant upon demand. The City shall within fifteen (15) calendar days
following termination pay the Consultant for all services adequately rendered and all
reimbursable costs incurred by Consultant up to the date of termination, in accordance with
the payment provisions of this Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein:
• Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
• Suspension of the Project or the Consultant's Services by the City for more
than ninety (90) calendar days, consecutive or in the aggregate, without good
cause;
• Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner
as it may determine appropriate, services similar to those terminated.
3.5.2 Deliverer of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
---- I Page 14 -----
FCG Consultants, Inc.
22885 Savi Ranch Parkway, Suite G
Yorba Linda, CA 92887
Phone: (714) 312-0317
Fax: (714) 312-0793
Attn.- Maha Fakhouri, President/CEO
City: City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7102
Fax: (562) 904-7296
Attn: Delfino Consunji, P.E., Director of Public Works/City Engineer
With a courtesy copy to:
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed by registered or
certified mail, return receipt requested, forty-eight (48) hours after deposit in the U.S. Mail, first
class postage prepaid and addressed to the party at its applicable address. Actual notice shall be
deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement
creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed
in any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents &Data"). Consultant shall require
all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant
by the City. City shall not be limited in any way in its use of the Documents and Data at any
time, provided that any such use not within the purposes intended by this Agreement shall be
at City's sole risk.
Page 15
Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by City of the machine-readable information and data provided by
Consultant under this Agreement; further, Consultant is not liable for claims, liabilities, or
losses arising out of, or connected with any use by City of the project documentation on other
projects for additions to this project, or for the completion of this project by others, except only
such use as may be authorized in writing by Consultant. City may permit copyrighting reports
or other agreement products. If copyrights are permitted; the agreement shall provide that the
FHWA shall have the royalty -free nonexclusive and irrevocable right to reproduce, publish, or
otherwise use; and to authorize others to use, the work for government purposes.
3.5.4 Confidentiality of Data. All financial, statistical, personal, technical, or other data
and information relative to City's operations, which are designated confidential by City and
made available to Consultant in order to carry out this Agreement, shall be protected by
Consultant from unauthorized use and disclosure.
Permission to disclose information on one occasion, or public hearing held by City relating to
the Agreement, shall not authorize Consultant to further disclose such information, or
disseminate the same on any other occasion.
Consultant shall not comment publicly to the press or any other media regarding the
Agreement or City's actions on the same, except to City's staff, Consultant's own personnel
involved in the performance of this Agreement, at public hearings or in response to questions
from a Legislative committee.
Consultant shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this project without prior
review of the contents thereof by City, and receipt of City's written permission.
Any subcontract entered into as a result of this Agreement shall contain all of the provisions of
this Article. All information related to the construction estimate is confidential, and shall not be
disclosed by Consultant to any entity other than City.
3.5.5 Cooneratiom Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.6 Attornev's Fees. In the event of any litigation, whether in a court of law,
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non -prevailing party all reasonable costs incurred, including staff time, court costs,
attorneys' fees and all other related expenses in such litigation.
3.5.7 Indemnification. Consultant shall defend (with counsel acceptable to City),
indemnify and hold the City, its officials, officers, employees, volunteers and agents free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any alleged negligent acts, errors, omissions or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants and
contractors arising out of or in connection with the performance of the Services, the Project or
this Agreement, including without limitation the payment of all consequential damages and
_. Page 16
attorneys' fees and other related costs and expenses. Consultant shall defend, at
Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other
legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials,
officers, employees, agents or volunteers, in any such suit, action or other legal proceeding.
Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expenses and costs incurred by each of them in connection
herewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials
officers, employees, and agents or volunteers. Consultant shall not be obligated to defend,
indemnify or hold the City harmless in any manner whatsoever for any claims or liability
arising solely out of the City's own negligent acts, errors or omissions or willful misconduct.
3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.9 Governinq Law'. This Agreement shall be governed by the laws of the State
of California. Venue shall be the courts in Los Angeles County.
3.5.10 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.11 Citv's Right to EmDlov Other Consultants. City reserves right to employ other
consultants in connection with this Project.
3.5.12 Successors and Assiqns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.13 Assignment or Transfer. Neither party shall assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein withoutthe prior
written consent of the other party. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation ortransfer.
3.5.14 Construction: Referenqe ,s:, Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references
to City include its elected officials, officers, employees, agents and volunteers except as
otherwise specified in this Agreement. The captions of the various articles and paragraphs are
for convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement.
Page 17
3.5.15 Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties. Consultant
shall only commence work covered by an amendment after the amendment is executed and
notification to proceed has been provided by City's Project Manager.
3.5.16 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.17 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.18 Invalidity: Severability.. If any portion of this Agreement is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5.19 Conflict of Interest. Consultant shall disclose any financial, business, or other
relationship with City that may have impact upon the outcome of this Agreement or any
ensuing City construction project. Consultant shall also list current clients who may have a
financial interest in the outcome of this Agreement or any ensuing City construction project,
which will follow.
Consultant hereby certifies that it does not now have, nor shall it acquire any financial or
business interest that would conflict with the performance of services under this Agreement.
Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will
bid on any construction Agreement, or on any Agreement to provide construction inspection
for any construction project resulting from this Agreement. An affiliated firm is one, which is
subject to the control of the same persons through joint -ownership, or otherwise.
Except for subconsultants whose service are limited to providing surveying or materials testing
information, no subconsultant who has provided design services in connection with this
Agreement shall be eligible to bid on any construction project resulting from this Agreement.
3.5.20 Prohibition of Extendinq City. State or Federal Funds for Lobbying,. Consultant
certifies to the best of his or her knowledge and belief that:
1. No state, federal or City appropriated funds, fee, commission, percentage,
brokerage fee, gift or other consideration have been paid, or will be paid by or on behalf of
Consultant to any company or person for influencing or attempting to influence an officer or
employee of any state or federal agency; a Member of the State Legislature or United States
Congress; an officer or employee of the Legislature or Congress; or any employee of a
Member of the Legislature or Congress, in connection with the awarding of any state or federal
Agreement; the making of any state or federal grant; the making of any state or federal loan;
the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any state or federal Agreement, grant, loan or cooperative
Page 18
agreement
2. If any funds other than federal appropriated funds have been paid, or will be
paid to any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress; an officer or employee of Congress, or an employee
of a Member of Congress; in connection with this federal Agreement, grant, loan or
cooperative agreement; Consultant shall complete and submit Standard Form-LLL, "Disclose
Form to Report Lobbying", in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Consultant also agrees by signing this document that he or she shall require that the language
of this certification be included in all lower -tier subcontracts, which exceeds $100,000 and that
all such sub -recipients shall certify and disclose accordingly.
For breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this Agreement,
or obtain any present or anticipated material benefit arising therefrom.
3.5.21 Rebates, Kickbacks, or other Unlawful Consideration.
Consultant warrants that this Agreement was not obtained or secured through rebates,
kickbacks or other unlawful consideration, either promised or paid to any City employee. For
breach or violation of this warranty, City shall have the right in its discretions, to terminate the
Agreement without liability; to pay only for the value of the work actually performed; or to
deduct from the Agreement price; or otherwise recover the full amount of such rebate,
kickback or other unlawful consideration.
3.5.22 Statement of Compliance.
Consultant's signature affixed herein, and dated, shall constitute a certification under penalty
of perjury under the laws of the State of California that Consultant has, unless exempt,
complied with the nondiscrimination program requirements of Government Code Section
12990 and Title 2, California Administration Code, Section 8103.
During the performance of this Agreement, Consultant and its subconsultants shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age
(over 40), marital status and denial of family care leave. Consultant and subconsultants shall
insure that the evaluation and treatment of their employees and applicants for employment are
free from such discrimination and harassment. Consultant and subconsultants shall comply
_ _ ...._..... Page 19
with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.)
and the applicable regulations promulgated there under (California Code of Regulations, Title
2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement
by reference and made a part hereof as if set forth in full.
The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally -
assisted programs of the Department of Transportation — Title 49 Code of Federal
Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides
that the recipients of federal assistance will implement and maintain a policy of
nondiscrimination in which no person in the state of California shall, on the basis of race, color,
national origin, religion, sex, age, disability, be excluded from participation in, denied the
benefits of or subject to discrimination under any program or activity by the recipients of
federal assistance or their assignees and successors in interest.
The Consultant, with regard to the work performed by it during the Agreement, shall act in
accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of
race, color, national origin, religion, sex, age, or disability in the selection and retention of
subconsultants, including procurement of materials and leases of equipment. The Consultant
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5
of the U.S. DOT's regulations, including employment practices when the Agreement covers a
program whose goal is employment.
3.5.23 Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.24 Authority to Enter Agreement, Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.5.25 Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute one and the same instrument.
3.5.26 Effect of Conflict. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, any of its exhibits, attachments, purchase order, or
notice to proceed, the provisions of this Agreement will govern and control.
3.5.27 Continqent Fee. Consultant warrants, by execution of this Agreement that no
person or selling agency has been employed, or retained, to solicit or secure this Agreement
upon an agreement or understanding, or a commission, percentage, brokerage, or contingent
fee, excepting bona fide employees, or bona fide established commercial or selling agencies
Page 20 --- ____
maintained by Consultant for the purpose of securing business. For breach or violation of this
warranty, City has the right to annul this Agreement without liability; pay only for the value of
the work actually performed, or in its discretion, to deduct from the Agreement price or
consideration, or otherwise recover the full amount of such commission, percentage,
brokerage or contingent fee.
3.5.28 Disputes. Any dispute, other than audit, concerning a question of fact arising
under this Agreement that is not disposed of by Agreement shall be decided by a committee
consisting of the City's Project Manager and Director of Public Works, who may consider
written or verbal information submitted by Consultant.
Not later than 30 days after completion of all deliverables necessary to complete the plans,
specifications and estimate, Consultant may request review by the City Council of unresolved
claims or disputes, other than audit. The request for review will be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the committee will excuse
Consultant from full and timely performance in accordance with the terms of this Agreement.
3.5.29 Claims Filed By City's Construction Contractor. If claims are filed by City's
construction contractor relating to work performed by Consultant's personnel, and additional
information or assistance from Consultant's personnel is required in order to evaluate or
defend against such claims; Consultant agrees to make its personnel available for
consultation with City's construction Agreement administration and legal staff and for
testimony, if necessary, at depositions and at trial or arbitration proceedings.
Consultant's personnel that City considers essential to assist in defending against
construction contractor claims will be made available on reasonable notice from City.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are
being paid for Consultant's personnel services under this Agreement.
Services of Consultant's personnel in connection with City's construction contractor claims will
be performed pursuant to a written Agreement amendment, if necessary, extending the
termination date of this Agreement in order to resolve the construction claims.
3.5.30 National Labor Relations Board Certification.
In accordance with Public Contract Code Section 10296, Consultant hereby states under
penalty of perjury that no more than one final unappealable funding of contempt of court by a
federal court has been issued against Consultant within the immediately preceding two-year
period, because of Consultant's failure to comply with an order of a federal court that orders
Consultant to comply with an order of the National Labor Relations Board.
3.5.31 Evaluation of Consultant. Consultant's performance will be evaluated by City.
A copy of the evaluation will be sent to Consultant for comments. The evaluation together
with the comments shall be retained as part of the Agreement record.
- --- Page 21
•
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between City and any subconsultant(s), and no subcontract shall relieve Consultant of its
responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to
City for the acts and omissions of its subconsultant(s) and of persons either directly or
indirectly employed by any of them as it is for the acts and omissions of persons directly
employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an
independent obligation from City's obligation to make payments to the Consultant.
Consultant shall perform the work contemplated with resources available within its own
organization and no portion of the work pertinent to this Agreement shall be subcontracted
without written authorization by City's Project Manager, except that, which is expressly
identified in the approved Cost Proposal.
Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each
payment made to Consultant by City.
All subcontracts entered into as a result of this Agreement shall contain all the provisions
stipulated in this Agreement to be applicable to subconsultants.
Any substitution of subconsultant(s) must be approved in writing by City's Project Manager
prior to the start of work by the subconsultant(s).
The two parties to this Agreement, who are the before named Consultant and the before named
City, hereby agree that this Agreement constitutes the entire agreement which is made and
concluded in duplicate between the two parties. Both of these parties for and in consideration of
the payments to be made, conditions mentioned, and work to be performed, each agree to
diligently perform in accordance with the terms and conditions of this Agreement as evidenced by
the signatures below.
Page 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
#n the dates indicated below.
CITY OF DOWNEY,
a California municipal corporation
and charter city
-2
03130M���
By:
Maha Fakhouri, President/CE*
IN WITNESS WHEREOF, the • hereto have executed this Agreement
on the dates indicated below.
CITY OF DOWNEY,
a • municipal corporation
• charter city
0
9370M�i�
yvGarcia, City Attorney
FCG • Inc.
, ;•
.1y:
Maha • President/CEO
EXHIBIT "A"
Ind
to provide
Construction Management, Inspection, and
Materials Testing Services
fo r
CIP No. 18-07-0
Imperial Highway Traffic Signal Upgrades and
Satety Enhancement Project
[aim
cnN SuLz^Nr,
Construction Management, Inspection and Materials
Testing Services for the
.mperial Highway Traffic Signal Upgrades and Safety Enhancements Project
Section2: Understanding ofNeed ............................................................................................................................................. 3
Sootion5: Key Personnel .......................................................................................................................................................... 14
Attn: Mr, J.Eduard Norris, P£
Project Manager
City ofDownev—Public Works Department
11111 Brookshire Avenue
Downey, CA 90241
Subject: Construction Management, Inspection and Materials Testing Services for the Imperial Highway Traffic
Signal Upgrades and Safety Enhancements Project; Capital Improvement Project (C|P) No. 1D-07; Federal
Project No. MS|PL-5334(064)
Dear Mr. Norris:
FCGConsultants, Inc. (FCG) is pleased to commit our services to the City of Downey (City) to provide Construction
Inspection and Materials Testing Services for the Imperial Highway Traffic Signal UpgradaSaDdSafetvEnhancementxPmeoLFCG
is firm with extensive roadway and traffic signal improvement experience committed to providing the highest level of service in the
most cost-effective manner possible, We will provide the City with the most experienced and motivated team that will produce the
highest quality work and will become part Vfthe City team |nevery aspect.
We are committed to quality work, efficiency in staffing and budgeting, and successfully delivering this project.Our0eamhaSb9en
selected based on availability and relevant experience, full understanding of the scope of services, and knowledge of the needs of
the stakeholders. The key staff proposed for this project hovem@nagodnum90uoprojects like this and will apply this knowledge
and experience to hit the ground running. The individuals proposed have the availability, the qualifications, and in many cases the
cross -training for both office and field positions to cost-effectively solve problems at any level. Our team has extensive experience
working onpublic works projects that utilize Ca|tnonsstandards and procedures and the Local Assistance Procedures Manual.
FCG is no stranger to providing construction management and inspection services on federally funded projects|ooatedthmughout
California and has successfully serviced these projects boQurC|ients'uatisfactiDn.YVeareo0mmiMedfothiSp jeotandpmpnne8
team that isavailable and local. Quality, safety, and a can -do attitude are key elements that will make this project8suooeuo.FCG
is committed to quality work, safety in every instance, and an attitude that believes anything is possible. Our employees are familiar
with the various standards and how bouse them tobring about asuccessful project. Standards ofquality are apriority for our staff
and are thoroughly discussed, including the expectations of the Resident Engineer and requirements of the 8p8Cifioationn, plans,
and Construction Manual. Proper inspection and testing of the materials will yield expected quality materials and workmanship. Our
contact information is as follows:
FCG Consultants Inc. 'DBE
Contact: MahaF8khuh.President @ CEO, (714)312-0317.mahajaKhouh euKants.com
Address: 22885 Savi Ranch Parkway, Suite G, Yorba Linda, CA 92887
FCS is 8 woman -owned California corporation and certified Snna8Buaineso Enterprise (SBE) and Disadvantaged Business
Enterprise (DBE) focused on providing client -driven solutions to assist clients in successfully delivering infrastructure projects.
Founded in 2009, FCG is headquartered in Yorba Linda, California, with a staff of 13 fully dedicated personnel providing construction
engineering, construction management, and construction inspection services to clients throughout California. The firm specializes in
project and construction management and inspection for various types of public works clients utilizing assorted standards such as
Ce|tnonu Local Assistance Procedures Manual, FHVVA, Greenbooh, and AVVVVA. FCG staff are highly experienced with inspection
of roadway improvements, traffic signals, drainage systems, utilities, ADA ramps, retaining walls, MSE walls, soil nail walls, asphalt
concrete (AC), Portland cement concrete (PCC) pev8nOent, flood control channe|u, railroad construction, electrical, landscape,
8VVPPP, and safety. FCGvvi|| perform construction menageOnSnt, contract administration, construction inspection, daily reporting,
coordination with stakeholders, review labor compliance reports, and quality assurance testing and acceptance,
Page Proposal to Provide Construction Management, Inspection and Materials Testing Services
ITY7,17787MAW F'M7=FMFA7 — (I r ine atrat e projeci.
He is a former Resident Engineer of Caltrans District 7 with more than 25 years of project management, design, and construction
experience on transportation infrastructure, water infrastructure, and various other public works projects. He 'gained his experience
working for Caltrans, county departments of transportation, transportation authorities, and local cities, His project management
experience includes contract administration and on -site management involving multiple contractors, and he is highly experienced
with the Caltrans Construction Manual and Local Procedures Assistance Manual. He will provide quality control over construction
inspection services and will manage the contract and the budget.
MB Professional Services, Inc. (MB Pro) - DBE
Contact: Michele Shams, President & CEO, (909) 732-4124, micheles@mbpro.com
Address: 1236 W. Brooks Street. Ontario, CA 91762
Min, -a 0 �=1113�mnl 11
The MB Pro team brings together key elements of service, professionalism, industry experience, and proactive management all
tbF_9Ki1LsJY 2-La m-i Wm? _4
in 2004. The firm has branch offices located in San Diego and Gardena, California. Mr, Dave Menefee is the Senior Vice
President/Chief Operation Officer of MB Pro and provides his expertise and knowledge of the construction industry to ensure MB
Pro operates to the highest standards. His 30+ years of experience includes business development, project controls, scheduling,
construction/occupancy activities, MB Pro's construction monitoring and testing services include on -site inspections, material
include field explorations, ground motion response spectra, ground improvement design, geologic and seismic hazard evaluation,
2nd on -site and laboratory testing.
Availability & Commitment
t !!4 4s tWIP iunn-t2ice of tWis nroiect to tWe Citv. Tlie Citvwd-t 1` 2.qstjrpd Ant F(G is4Pek9f4
Qife Ir- it.
i HMO WWW4 I - 1, 111
the need arise.
"ET=L FL
Subconsultants
FCG intends to perform materials testing services on this project utilizing the services of MB Pro's lab and staff.
Proposal Statements
This proposal remains valid for a period of not less than 90 days from the date of submittal. All information contained in the proposal is
true and correct.
Sincerely,
Maha Fakhouri
President & CEO
Page 12 Proposole. Providc Corf-faicbr'n /,-Specf,On and Alipterioks Tcstino�
K;phLvav T-Ny'ic D 01 arodes m?d Sa,aty EmNinceoaencs CIP No. 1,4 — 07
, . 1, A i"I N I 1.1"% N 1 5
SECT ION 2.- UNDERSTANDiNG OF NEED
Project Background
Imperial Highway is a six -lane major arterial and one of more
importance and highly traveled roadway in the area. Imperial
Highway crosses the City of Downey from the westerly city limit
where it intersects with Old River School Road to the easterly
city limit at the San Gabriel River. Imperial Highway is a highly I",
traveled road connecting Orange County® to Los Angeles County
and has a daily traffic volume of approximately 30,000-40,000
vehicles per day with an average speed limit of 40 MPH. Parking
along Imperial Highway in both directions throughout the entire
project limits, This project entails improvements at intersections
of Imperial Highway at Old River School Road, Smallwood
Avenue, Paramount Boulevard, Citizenship Court, Downey
Avenue, Brookshire Avenue, Barlin Avenue, Lakewood
Boulevard, Columbia Way, Ardis Avenue -Caring Way,
Bellflower Boulevard, Ounrobin Avenue and Woodruff Avenue
are currently signalized. Adjacent land uses primarily consist ol
single and multi -family residential, medical, office, retail,
government, park industrial and institutional.
The City of Downey has performed a detailed analysis of
managing pe es rian
accurate traffic counts of pedestrian traffic that would enhan
safety. Such specific issues are needed to enhance tra
safety and improve operations on Imperial Highway we
identified which qualified this project for funding through t
federal Highway Safety Improvement Program,
SEC 110N 3: SCOPE 110F SERVICES
t G? N,
0
-FFOJL��` LQCA1fCN ?tAP
i"jp 18 '57 NPERArt".'a>i;aA.),
RAG`AN` M" CN! �ROJt"'T
Project Description
Per the project plans, the work to be performed under this Contract primarily consists of performing traffic signal modifications and
upgrades at 11 intersections that includes, but not limited to, replacement of existing traffic signal equipment; poles and mast arms;
vehicle and pedestrian indications; pedestrian pushbuttons; conduits, pull boxes; conductors, 332 controller cabinets with 2070
controllers and other contents; Type III electrical services, battery back-up systems; LED safety lighting; AA curb ramps and
pavement markings and signage.
The traffic signal modification and upgrade work shall include, but not limited to, USA and all needed potholing for all the existing
underground utilities shown or not shown on plans, all the equipment and material to be removed, the installation of conduits,
installation of poles with new foundations and signal equipment, electrical service cabinets and traffic signal controller cabinets with
foundations and equipment in accordance with the project plans and specifications.
3 Proposal to Provide Construiction Monogernent, lospecboo, and Motoriols Tesring Services
Imperiol High way TrO;'T,c Signal Upgrodes ond Sole ly.EnhoncEm eots, CIP No. 19 — 07
C 0 N S V L T A N T S SECTION 3: SCOPE OF SERVICES
Construction Activities and Potential Issues and Recommendations
The FCG team has reviewed the plans and specifications for this project and gained a thorough understanding of the work. Major
anticipated construction activities include, but are not limited to:
1. Traffic Control, Public Convenience Safety.
2. Modifying Traffic Signal Complete Per Plan at Imperial Highway and Old River School Road.
3. Modifying Traffic Signal Complete Per Plan at Imperial Highway and Smallwood Avenue.
4. Modifying Traffic Signal Complete Per Plan at Imperial Highway and Citizenship Court.
5. Modifying Traffic Signal Complete Per Plan at Imperial Highway and Downey Avenue.
6. Modifying Traffic Signal Complete Per Plan at Imperial Highway and Brookshire Avenue.
7. Modifying Traffic Signal Complete Per Plan at Imperial Highway and Barlin Avenue.
8. Modifying Traffic Signal Complete Per Plan at Imperial Highway and Columbia Way.
9. Modifying Traffic Signal Complete Per Plan at Imperial Highway and Ardis Avenue/Caring Way.
10. Modifying Traffic Signal Complete Per Plan at Imperial Highway and Bellflower Boulevard.
11. Modifying Traffic Signal Complete Per Plan at Imperial Highway and Dunrobin Avenue.
12. Modifying Traffic Signal Complete Per Plan at Imperial Highway and Woodruff Avenue.
review and consideration that will result in significant savings of time and cost to the City:
Safety is the most important thing on any construction project. This includes, but is not limited to,
Safety pedestrians, motorists, bicyclists, contractor workers, inspectors, city and agency staff, and anyone in
the vicinity of the project. The FCG inspector will enforce safety at all times, protecting all from harm due
to construction activities.
1;1. 11 i � li —,. - ��� � �, - :, : 1` 1:. 1 .I,� „
'N WOWN
Kwymol- 9690
Coordination with SCE I wen4ruction to avoid delaos eciallo if SCE needs to ryoduce jtans-to_-e.,rovide a pointl-
connection to the system.
Construction Schedule We suggest adding language to the specifications to include a timeline for review and response to the
baseline schedule and submittal of monthly schedule updates.
----------
The plans call for removal of the existing controller cabinet and service foundation to install the new
conduit and foundation in the same location as the existing while keeping the signal operational. If the
Signal Operation conduits and foundation are to be installed in the same location as the existing ones, there is a need for
a "Temporary Splicing" using the existing cabinet or controller to keep the system operational, which is
not shown on the plans or specifications,
Z911
D,
10 .
4 fit
3 C
P a g e 14 Proposal to Provide Construction management, Inspection and Materials Testing Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, CIP No. 18 — 07
C 0 - N __ S U LTA SECTION 3: SCOPE OF SERVOW-V
a i i n F.. a oun Piii coorlirlaiF inaieriai!111111111
Finally, Mr. Fakhouri will coordinate final inspection, punch list, as-builts, and project acceptance with the Field Inspector and Office
Engineer to ensure full project compliance and to provide the City with a complete set of hard copies and electronic copies of all
project documents utilizing the Caltrans LAPM and Construction Manual. The FCG team will perform construction management,
inspection, and materials testing services in the following stages:
1. Pro -Construction
a. NTP and Move -In Period - Once the construction contract is approved, we will discuss the Project move -in period and start of
construction with the Contractor. Once this discussion is complete, we will recommend to the City issuance of the NTP and
establish the date of the first chargeable working day. This is recommended to maintain the Project schedule and provide the
Contractor ample time to obtain permits and submit all necessary submittals prior to start of construction, A 20-day move -in
period is recommended because it allows sufficient time to review submittals, especially for long lead Items such as signal and
lighting poles and equipment.
b. Pre -Construction Meeting - Once the NT P is issued, the FCG team will coordinate the pre -construction meeting by preparing
a list of attendees, including, but not limited to, the Contractor, Designer, City, and utility companies, Prior to the meeting, the
RE will prepare for the City's review an agenda that identifies the following: documents required from the Contractor f r
supervision and safety, certified payr 11 requirements, materials sampling and testing criteria, and certificates of compliance for
J-0
all materials. Following the meeting, attendees will receive meeting minutes, including a sign -in sheet, for their records.
c. Coordination - FCG has successfully worked with many public works Contractors in Southern California and has developed
strong working relationships based on trust and respect. The FCG team has the experience and capability of communicating
and partnering with the Contractor and their sub -contractors. The FCG team will maintain a professional and a respectful
relationship with the Contractor staff continuously. FCG specializes in the construction management and coordination of
various specialty projects.
2. Utilitv Coordination
17W
with the City, City Utilities Department, Liberty Utilities,the Gas Company, and the Engineer of Record to develop a
comprehensive list ofi utilities and elements that will require relocation, abandonment, adjustment, and/or protection prior to
construction. Utility requirements and durations will then be incorporated into the Special Provisions.
3. Proiect Coordination
W RK61#1
="r1W,1111W_ Now
activities. Mr. Fakhouri will also maintain continuous communication with the City, keeping everyone informed as the Project
progresses-, maintain a close working relationship with all stakeholders and a cohesiveness within the CM team', and will be the
primary source of communication for this project as he will be fully aware of all project actives, issues, and concerns.
P a g e 15 Proposal to Provide Construction Management Inspection and Materials Testing Services
hrnporial Highway Trqffic Sfgnol Upgrodes and Sofery Enhancements, CIP No. -18 - 07
C: 0 N S U 1. T A N T S
a. Adjacent Residences — Imperial Highway is a major arterial which
crosses several intersections including 11 locations per the plans. It's
imperative to address the proximity of certain residences with property
lines connected to the proposed project. Construction work typically
generates various nuisances that result in irritation by residents which
ultimately results in complaints, Some of these nuisances are noise,
dust, and travel delay due to lane closures. The FCG team will address
these issues at the Pre -Construction Meeting and will request that the
Contractor implement measures to address each of these issues
throughout the life of the Project to minimize impact on the residents.
FCG will provide sufficient information to the residents to ensure proper
transfer of information continuously. This information will be passed on
via notifications, hotline, public meetings, etc.
N
b. Adjacent Businesses - Each stage of construction is unique in terms of sequence, safety, convenience to the traveling public,
and extensive coordination with stakeholders. Extensive partnering and coordination are needed with nearby businesses during
business hours, as these immediately adjacent businesses will feel most impacted by the Project. We will coordinate with all
businesses regularly through weekly and monthly meetings as needed. We will contact Owners and Managers of each
establishment in the region and explain to them the nature of closures and detours, especially night and day delivery schedules
to businesses within nearby shopping centers, as well as others. All team members are experienced with outreach participation.
c. Bus Routes - Coordination with Downey Link — FCG's PMIRE will manage the Project's coordination efforts with the Downey
Link, as needed. A critical factor for constructing this Project is to ensure conformance with all requirements due to the Project
being constructed along a very busy route with a highly significant need for public transportation usage. It is imperative the work
on this Project does not impact the pick-up and drop-off locations. The FCG team will work diligently to ensure the Contractor
submits a comprehensive Traffic Handling Plan addressing all possible issues with performing work along Paramount Boulevard.
The team will continuously inspect the work to ensure traffic flow is not obstructed and traffic signs and devices are always
secured and functional.
Our PMIRE has worked on various local projects with similar features and played a lead role in coordination with similar bus
routes in the cities of Whittier and Norwalk.
4. Durino Construction Administration
As the pre -construction phase comes to an end, we will begin staffing for
construction management and inspection based on the Contractor's actual
schedule of activities and staging of the work. The staffing will parallel the
Contractor activities to ensure maximum efficiency in expenditure of the
construction management contract with the City. When Project activity
increases, we will add additional field staff as necessary. As we have
demonstrated in the past, the FCG team is committed to reducing the Project
duration, which will result in cost savings to the City. Additionally, we will
review and monitor DBE requirements per Caltrans standards to ensure
compliance.
a. Contract Administration — FCG has provided project staffing, managing several construction projects using the Caltrans
Construction Manual and contract administration procedures their entire careers. A.B. Fakhouri (PMIRE) and Anthony Moussa
(CI) will provide the City with a construction management team that has combined 40+ years of public works construction and
design experience specifically using Greenbook and Caltrans Standards.
b. Meetings • The FCG team will coordinate and conduct weekly progress and field meetings with the Contractor, design team,
City, and any others, as needed. Our PMIRE will prepare the meeting agendas, which will include reviews of the Project
schedules, a summary of submittals and Requests for Information (RFIs), unresolved issues, and new issues requiring follow-
up. Additionally, our PMIRE will produce meeting minutes and distribute to all attendees.
P a g e 16 Proposal to Provide Construction Management Inspection and Moteriois 7 esting Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, CIP No. 18— 07
C 1.) N S U 1. '1 A N '1 5 SErT110N S. SrOPE OF SERVICES
f -n -
Submittal's -1 he "' teearn Will 4k. li.i r f PrMji�innq, tnan narfrin
9U Mi =11c; 1 ""':, 1 1 PH pruovidlu UM, .... ..
thorough; I the comprehensive review and ;Qnnniv.,-1 of the C.r fiqC.t r'.-, submittals, We will work closely with the C_' to determine
which submittals the design consultant will review, and which will be reviewed by the FCrG team, A Submittall Loci will, be
developed, maintained. and' tracked according to vAhen they air received and Mi� ie, �;� Contractor, A copy of ',he _SubMittal
U 1 1 e _W1 rigid LV tl;�, �V
Log will be included with each transmittal and discussed at the weekly meetings. Materials releases and certificates of
rjon-inlin-np %,vill he ken in the appropriate filing categories, and materials summary sheets will have a running total of materials
1 o
useri on 'him Project, Anficipated submittal--, include, but --r not Ix.mited t-, baseline schedule, , are I _ _11_ scheduls, SWPPP, concrete mix designs,
asphalt rnix designs, various traffic -signal corn oonents, niwl vcrim --- street lighting corna-Ionents
Ufa equest for Information .. ® Our PMIRE will coordinate with the Contractor to submit 211 questions as RFIs, All RFIs will be
re-lavy,ed �nA r or.—ApH In �rflnafinn wiik fkp r;�
I j, and a, C,; t y a n Ihp A-6rin 4p-A.m fn ensure prr)np,!- nrnfornl ip fniiinw-d nnHlsuff;c'eqf
V pond, - 11— 111- the —A., 1- 1- 11 __1 _ U
information is relayed to the Contractor in response to each -110-1-1, The Office will maintain a log and will provide t all
I I I I U I !U to
we ekly prnrimss meetinn ntt.nridees 11- 11 __ g _ _11
e. Traffic Management- The FCC team, PIVIJRE, and field staff will review and check traffic control daily and continuously monitor
.� I I I pULII,-.
traffic control measures, enSUring all detour and consuuction signage is rnslintalned, clean, and clear to thetraveling U 16,
,i -
including nighttime review for reflection and clarity, Our PIVIIRE will discuss 'traffic control plans at each weekly meeting and
keep the City and the County informed of any traffic anP closures, ensuring strictooMnliance with local permit and contract
traffic a
requirernents,
L ulr�,
ne r'CG ',earn will work with the City to review the baseline Sol"Wdid-
-A �, P
look 41:01- issues, 01 IU rriakce t0) tu 1�- Gitly a., appropiial.�..
Such recornmendations will be based on logic and a realistic schedule
Our PIV11RE will propose enhancements based on sequence, number of
working clays, milestones, and key dates in ensure development of an
e T fficient and well managed ProoJect, I he t qm �W! prppare in n n(I
e 011 711 F, --le, , ent
monthly estimates for the Project duration, monitoring both the Project
I- rnntract r to date, arnowrit previously paid to Cent, ctor, per en'
complete of each bid item, executed change orders, and retention
withheld from each pay estirriate. Our intent is to keep 'the City fully
informed of the financial status of the Project,
a. Pay item quantities will be measured daily and documented on daily reports.
ports.
bQuantity Sheets will be prepared with each pay estimate, with backup calculations.
c. Change orders will be prepared and monitored, -costs independently estimated and verified, and work documented daily on,
a separate daily diary with tentative agreements (if forge account IT&MI).
U— if
d. Our tracking system includes costs, including supplemental work and furnished materials.
"The PMIREZ will monitortheschedufle, beginning with a thorough review of the baseline schedule submiftal, and following
with a review of the monthly schedule updates in comparison to look -ahead schedules and daily diaries."
e. Schedule Control - The FCG team will produce and analyze schedules from the perspective of an owner and contractor
to ensure 'timely or early completion of the Project. We will ensure Contractor compliance with the requirements of the
monthly schedule updates as required in the special provisions and will closely monitor the critical path to avoid delays and
subsequent consequences, Our analysis of the Contractor's schedules will be done on a weekly basis in conjunction with
inspector's daily diaries, meeting minutes, submittal Jogs, and other Project records. This schedule analysis approach will
piuvidet1he City with notice of any potential delays prior toissuance by the Contractor to allow time for appropriate response,
F('('� will Pnfnr(-p the schedulinci r quirements in the Special Provisions. which will be key to placing the City in a positive
position in case of claims. It is recommended that the Special Provisions require the Contractor to submit Time Impact
Analysis (TIAs), together with costs for any change orders, to include time requirements of when cost proposals are due,
Pro-csoi to PTOOdc Caqstrz_,Ci,on c; d A_Aut2ri is I 0—i
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f. Budget Control and Tracking - Our PMIRE will prepare and submit a monthly budget report to the City's management
with an accurate status of the Project budget and schedule. This report will contain, but not be limited to, schedule status
updates, work operations, submittals, RFI and change order logs, and Project issues.
The FC3 team will assist the City in controlling the costs of the Project and the factors that may escalate Project costs. Upon
submittal, Contractor's change requests will be reviewed for merit, We will hold the Contractor to providing the items in the scope
of work bid, without generating unnecessary changes to increase the Project cost. The FCG team's PMIRE will work with the
City's Project Manager to establish levels of financial authority from the PjeotMonage[upiheuhainofcommanU8opmv|de
guidelines for change authorization. FCG will approve as agreed -upon by the City.
a. Cost Estimating and ScheduHng-AUuhangeorders will beestimated independently ofthe Contractor's proposed cost
prior to approval by our PMJRE and submitted for approval to the City, We will comply with the Caltrans Construction Manual
and LAPM. The FCG team is comprised of highly qualified scheduling and claims avoidance experts that will analyze and
produce schedules from the perspective of an owner and a Contractor. Our experts will ensure the Contractor is complying
with the requirements. Our approach includes, but is not limited to, weekly analysis of schedules, Inspector's daily diaries,
meeting minutes, and Project O|enk)pmvidetkeCitynotioeofanypo1enUa|de|@yu.
b. Claims Avoidance and Mitigation - The FCG team's renowned claims division and our claims experts have a proven track
record with Caltrans and other public agencies on similar projects. We will monitor all site records of events, labor, materials,
and equipment for potential do|ma or delay issues. This data will be essential when analyzing a Contractor's claim. Our
team will address every issue that will contain all na|awentRF|o. change orders, correspondence, pictures. Inspector's
daihoo, cost analysis, and schedule analysis. Our objective will be to minimize misunderstandings by providing clear and
concise analysis of all major Project issues.
c. Project Records and Filing System - FCG's PN|RE and Office Engineer (OE) will establish and maintain efiUng system
in hard copy as well as electmnicm|ly, using the CoNann Construction Manual as a guideline to ensure compliance with
FHVVArequirements. FCG typically utilizes the Caltrans filing system on all projects. All hard copy files will be scanned as
PDF files and stored digitally on a server with Gfi|ing ahmctuna duplicating the hard copies. Additionally, FCG'a OE will
upload the electronic data documentation Vuthe Cih/'son-line file directory, Submittal and RF|logs will bakept and tracked
according to when they are received from and returned to the Contractor together with their approval or response status.
Materials releases and certificates of compliance will be kept in the appropriate Ca|tnane filing categorieo, and materials
summary sheets will bedeveloped hnkeep e running total of materials implemented.
d. Partnering - The FCG team is a firm believer in partnering and has actively participated in partnering sessions on numerous
past projects. We will again aoueo\ responsibility for coordinating partnering sessions for the Project team, including
planning with the City's preferred Partnering Facilitator.
m. Quality Assurance Program ~ The FCGteam'sextensive Cmltranm experience,baoinninUwdhUhePM|RE,Design Review
team, and carrying through our field personnel, will ensure the requirements of the ColtranS Quality Assurance Program
Manual are met. Each V[our proposed staff for the Project pooaemmyoenSofmoontCaKnanuconotructionexpehenon.
t Labor Compliance and Certified Payroll - FCG's OE will verify Contractor and subcontractor labor compliance during the
Project, including non -working days. This includes reviewing certified payroll neunnda for compliance with Davis -Bacon
prevailing wage and overtime n*quimmentu. Our field personnel will perform employee interviews to ensure the actual
wages meet the stated wages on the certified payroll. If necessary, we will notify the Contractor of any issues, and follow
through until the issues are resolved.
The FCG team field personnel proposed for the Project can perform more than one role onany project and can assist each other
when needed. This provides efficiencies for the City, as the FCG team possesses the versatility and technical knowledge of multiple
aspects ofcivil and electrical construction. Our proposed team are cross trained and well diversified inthe work and can all cover
each other's work and duties as well. Our proposed Inspector will perform the following tasks:
P a g a 8 Proposal to Provide Construction Management, Inspection and Materials Testing Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, OPNo. 18—or
C 0 N S U L,r AN TS
III!11 '' .- j I-
5111.1311 IPS 1_1 OZ. III � 11010 =-
SECTION 3: SCOPE OF SERVICES
4, Interpret plans, specifications, and regulations and ensure the Contractor is following their contract. Provide inspections
to ensure the Project is constructed accordingly,
5, Direct and notify construction Contractor about non-compliance and correct issues upon discovery,
6. Maintain daily diaries, photographs, and video (as needed) reflecting site ainid�w ather conditions, traffic control
measures, labor, equipment and materials, qyqatity.,of work, and Maigir incidents/safety violations.
7. Review construction progress schedules regularly. Verify schedules coincide with Project milestones,
identify
deviations, and ensure corrective actions are taken to bring project back on schedule.
8. Provide complete measurements and calculations to administer progress payments and make recommendations for
payments.
9 Review soil compaction and materials testing certifications of compliance.
10. Ensure the Contractor does not install materials without approved material testing certifications. Any failed tests shall
be reported, and the Contractor directed to take corrective action.
I 11. Monitor Contractors utility coordination to minimize utility conflict delays and potential need for relocations.
Prepare and submit to Contractor a "WeekV �tatement of Calendar Working-Days:report,
III, Conduct field construction employee interviews -to comply witfi the Federal, CDBG, IEqual E-mployment Opportunity
Law, and Davis Bacon Act.
14Coordinate access to adjacent businesses and residents during construction with the Contractor. Coordinate mitigation
of construction impacts with the Contractor, City, and other agencies.
Ina
1 �: I � I � � � 1 11
11111111 ''1 1 , � at .#3MME=
17, Observe construction safety, public safety, and convenience, and report issues to the City and Contractor
18. Monitor compliance with the City's National Pollutant Discharge Elimination System (NPDES) Permits and
requirements, as well as all other local, state, and federal laws and regulations.
19. Inspect for compliance with the Project SWPPP Program including monitoring QSP and/or QSD duties as outlined in
California State Water Resources Control Board, Storm Water General Permit, and contract.
20, Monitor compliance with the City's Construction Demolition and Recycling Ordinance.
21, Maintain data for change orders and record information regarding time of dispute, time of notification by the Contractor,
and action taken by the Inspector.
22, Ensure the Contractor submits certified payroll reports with monthly progress payment requests. Review reports for
compliance with federal and state prevailing wage regulations,
23. Prepare and transmit to the Contractor all Project -related correspondence. All correspondence sent to and received
from the Contractor shall be co led and transmitted to City.
24. Coordinate the preparation and submittal of as -built plans to the City upon project completion.
H Prepare preliminary and final punch -list and follow through until completion.
P a g e 19 Proposal to Provide Construction Morogement, Inspection and Materials Testing Services
Impericl hligh way Trqffic Signal UpgMde5 and Sr; ety En h an cernen ts, CIP No. 18 — 07
a. Field Inspection -The FCG team will provide personnel to perform full-time quality assurance inspection of the following Project
elements that require i• skill sets:
Anthony • is ,...:.• experienced in electrical inspection and will provide electrical and civil inspection to minimize cost '.•
the City. He will administer the inspection and construction administration duties involved with the electrical overhead signs,
lighting, traffic signal, and communications facilities (fiber optics). He will assist with reviewing the project plans and
specifications, reviewing submittals and RFIs, reviewing materials certificates of compliance, reviewing electrical pay items
schedule • values, and • activating, and testing components.
• Safety Enforcement - The FCG team is thoroughly familiar with California Construction Safety Orders (Cal OSHA) and traffic
control practices as specified in the Work Area Traffic Control Handbook (WATCH Manual), as well as the Manual of Uniform
Traffic Control Devices (MUTCD). The Contractor will be required to prepare and submit a Safety Plan for its operations, The
Safety Plan will be reviewed by the PMIRE and the FCG team, Deficiencies will be noted, and upon correction, the plan will be
approved.
Public Safety is extremely important to the FCG team. The two most pressing safety issues during construction on this Project
will be pedestrian and traffic handling during staged construction. All FCG team staff working on the Project will participate in
weekly safety meetings headed by the PMJRE and presented to all. In addition to conducting our own internal safety meetings,
we will attend the Contractor's tailgate meetings, perform weekly safety inspections, and provide those findings to the Contractor.
c. SWPPP Enforcement - Our PMIRE is a certified QSD and has experience
managing construction work under the MS4 and new permit requirements.
We will provide weekly or as -needed monitoring of field conditions. It is our
practice to handle stormwater compliance with the same level • attention as
safety. We will review the Contractor's SWPPP submittal and ensure all
records are kept up to date, all BMPs are in place and maintained, and
"housekeeping" is maintained to protect regulated species.
9. Environmental Compliance Enforcement - The FCG team will ensure
compliance with the environmental and resource agency requirements
contained in the Project permit. Our team will create a log of requirements of
the various permits to ensure all permit conditions and mitigation measures
are met. Our field personnel will ensure Contractor complies with the permit
conditions, and mitigation work will be tracked and reported • daily
inspection reports with photos (per the Caltrans Filing System).
8. Materials Testinq
The scope of work defined for the Project requires the FCG team provide professional services for materials sampling and testing.
The FCG team has met the City's need with the addition of MB Pro, who gives the FCG team the professional capability of carrying
out the scope of work with confidence.
P a g e 1 10 Proposal to Provide Construction Management, Inspection and Materials Testing Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, CIP No. 18 — 07
Big
CONS V L T A N TS SECTION 3- SCOPE OF SERVICES
_L01aterialls Testing
0 Reinforced Concrete
* Concrete Mix Design Reviews
* Aggregate Quality Tests
Asphalt Concrete Quality Tests
* Asphalt Concrete Mix Design
* Pollard Cement Mis Designs & Quality Tests
* Masonry Units & Quality Conformance Tests
* Reinforcing Steel Quality Tests
* Structural Steel Quality Tests
* Reinforcing Steel Splice & Coupler Tests
* Welder Qualification Tests
0 Geotechnical & Soil Tests
Construction Inspection
• Reinforced Concrete
• Reinforced Welding
• Batch Plant
• Reinforced Masonry
• Structural Steel & Erection
® Structural Steel Shop Fabrication
• Structural Steel Fireproofing
• Roofing & Waterproofing
MINUM11m, 5, 11 '� a 0
Pavement Engineering
Evaluation of Existing Roads & Highways
Determine Strength of Structural Sections
Pavement Condition Index Evaluations
Pavement Management Services
Pavement Rehabilitaton Recommendations
New Construction Design Re -commendations
Rehabilitation/New Construction Techniques
Rapid Set Concrete Pavement Testing
* Anchor & Solt Tension Testing
* Ultrasonic Non -Destructive Testing
ii
2- "M wn, 115
no=
Tk
final acceptance of the project is granted, and all necessary paperwork and reports are completed to the standards of the City. The
Kff.-
electronic copies of the project files, and all materials records after acceptance.
P a g e 111 Proposal to Provide Construction Monagerner, ; inspection cnd Materials Testing Services
Imperial "ighwgy TroflicSignol Upgrades and Safety Enhoncements.. OP No. IS - 07
Kilo'
C'omSoLzanrx SECTlOW3: SCOPE OF SERVICES
a. Tools - Our team members have wide and varying experience with software and various irte0ethools such as SharePoint,
Dmpbox.Primavera, Pmcore.Microsoft Project, etc., that help them with documentation, tracking, and projeccontrols, During the
course of bumineex, residents and property owners may he impacted by construction through the closure nftheir driveway
entrances. As needed, the FCG inspector will communicate and coordinate with all affected property owners and residents and
keep them well informed ofthe status ofthe project 1oa||nvvtham1nonbcipateaot|viUeo.do||verioo.endtop ject1imeof
completion.
b. Government Agency Experience - For the past 10 years, FCG's construction management team has built an impressive portfolio
of successfully completed construction management projects having worked directly with several government in
Southern California as either a prime Oraubconsu|tant. In addition. our individual 0mom members have built strong, trust -based
relationships with owners/agencies ouuhCe|tnanuDiuthcts8.7'8,11.12'ond59; transportation agencies including LACMTAand
8BCTA; the counties ofLos Angeles, Orange, San Diego, and Riverside; as well on o multitude of local cities and municipalities
including Downey, Nnnwo|k' Whittier, South Gate, Burbank, Moorpark, Cnmne' Fontana, La Minada, Culver City, Glendale, San
Fernando, Irwindale, San Diego, and multiple cities throughout the desert region.
c. As -Built Plans - The FCG team will maintain as -
built plans on an on -going basis throughout the
duration ofthe Red -lined o�nawi||uho�
Project,,,����
all changes mod* to the contract plans, will
present the name of the change approver, and
CCOnumbo�YV*v�Uo�oensure the Con�ar�r —
istracking 8S-bUilts,and atthe end 0fthe Project,
` . ^
our construction management team will combine
all information into one complete set ofdrawings.
d. Documentation - The FCG team will maintain o
UaUv �o #)ot includes �ea�eroondd�na. work
' ~
status, location and �a�of�o� performed,
'. .
labor, equipment, and materials. Each inspector
will take daily photos of work and accurate
measurement of quantities. The FCG team is j
highly experienced with documenting and
maintaining project files per the Caltrano LAPM.
All project files will bokept and maintained by the PMJRE and OE regularly, The FCG team will setup project folders for all hard
copies ofproject documents and anonline storage link to all files. The FCG team will provide the City with a link to the online files
and edirectory Vzreview and obtain project fi|asaunequinuU.
e. Federal Review - The FCG team has participated in several federal reviews with CoKrann and the Local Assistance Office and
presented the project documents impressively every time. The PM|RE is aformer employee ofCa|tnons in Los Angeles and is
very experienced with documentation of construction projects per the LAPM. Mr. Fokhouri will ensure all project files are
maintained per the LAPMinproject fb|Uemandine|ectmniofonn. Mr. Fakhouriwill represent the City throughout the entire project,
from pm'nonatruntion.during construction, and through poat-conatmction.
P a g e 1 12 Proposol tnProvide Construction moougementInspection umummteriolsTesting Services
SECTION 4., QA I QC PLAN
SECTION 4. QA / QC PLAN
Y I- J
for problems and mitigates risks to schedule and budget
Wol king within 'the guidelines of the City's Quality Assurance Plan (QAP), our PMJRE, A.B, Fakhouri, PE, will oversee the team's
UJA Jtatffi_ajs_��jj W -id testitf, sugeg st2Utp glid corttroljoid construction insoection services. The FCG
2 WIM 19 M I.MVIWA I a 1911 H V. LIU KVFM IM I LWWM IN I I
and spec1TicatioFs7#7u-FrPq1RE will confinuousiv revIRR -W Me jousue aria QoGumef aff W ellStle
with Caltrans Construction Manual requirements.
R Rcon FnFus y Wrevie-F joRsilMean WocumMeniWaTion pWreparea;uy WMIF st
Effective Communication —The FCG team has equipped ourfield staff with laptops, aircards, and smart phories to effeectiveiv-
perform the work and stay connected, These tools provide .--Ices-. to necessary online resources and allow our field staff to
work efficiently and communicate with all Project staff. In addition, we will utilize Dropbox to maintain electronic files. FCG has
custornizable Project Status Reports that are delivered to vanous levels of client management at the requisite frequencies 'to
ensure stakeholders are kept up to date on possible issues and solutions,
Communication with the City of Downey - Our PMJRE Md
provide a daily status update including issues and photos, This
service will efficiently keep City staff up to date on Project progress.
The FCG team can provide Public Outreach staff to provide the
public with accurate information as needed.
allo s stakeholders to engage effectively with one another, a
ultimately creates a comfortable atmosphere betwe
btA&P#4ers7w4
in several partnering sessions with contractors with proven a
successful results.
I-SICarmenita Interchange Project
to win the 2017
Large Project of the Year Award.
"Partnering is essentialfor all construction projects, because it produces effective
<3 0 N S V LT A NTS SECTION 5: KEY PERSONNEL
�A)IVMIMVVI Mv-
C'M
on public worKs projects that utilize Caltrans standards and procedures, Caltrans LAPM, and Greenbook standards,
Subconsultants
MB Pro will provide the materials sampling and testing as needed on the project, Their services will be coordinated by our PMIRE
INUNI
on several projects including federally funded project with M6 Pro such as:
* City of Irwindale Park Phase /11 Improvements Project.
* City of Burbank Bikeway Channel Project
* City of Irwindale SR-605ILive Oak Avenue Ramp Widening and Improvements Project
* it of Norwalk Foster Road Side Panel Replacement Project
* City of Norwalk AIa Avenue Pavement Rehabilitation Project.
* City of DowneylNorwalk Firestone Boulevard Bridge Replacement Project.
P g 15
[Big'
C 0 NS U LTA N TS SECTION 5: KEY PERSONNEL
Organizational Chart
W-M-4-WHIT; INEWN-Voilu =3
between team members.
Samar Alfakhouri
FCG
n500 R eS A
David Molino — Construction Inspector
Leon Fuentes — Construction Inspector
Casey Morales — Construction Inspector
Jose Carlos — Construction Inspector
Tyler Haddadin — Construction Inspector
John Rosolanka — Construction Inspector
Uiral]011 OT ine req1i es-70 person
without the prior written concurrence of the
City of Downey.
Client Testimonials
"I would like to start by saying, to Mr. Fakhouri's credit; the project was completed on time and within budget... Throughout our
working relationship, Mr. Fakhouri has demonstrated good engineering knowledge, judgement, and skills combined with practical
application in his problem solving and partnering... In closing, Mr. Fakhouri was fair yet firm when dealing with the contractor."
- Arsanious Hanna, PE, City of Irwindale
IN
who is willing to go the extra mile."
- Fred Alipanah, PE, Caltrans District 8
P a g e 1 16 Proposal to Provide Construction Management, Inspection and Materials Testing Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, CIP No. 18 — 07
CON SU L T AN TS
1319
C ON S11 I Tarry
EDUCATION
441CRI't", Q
'University, Long Beach
Jniversity, Long Beach
AEGISTRATIONICERTIFICATION
z CA, Civil Engineer, No. C6084.
, CA, QSR No. 26605
&Z-0
*rJerts pjisuriuj� full comali9tce to QN_1ts,2._ id specifications. SWPPP an
110MEN1111W 1111110M oil M*1111MIGIMMIN11116
the acceptance tests and criteria set forth in provisions and specifications; supervising, training, and directing the field and office
personnel; conducting interviews and assigning qualified personnel to complete work as required; maintaining project files for project
accuracy and completion of invoices before billing clients.
ZZESMM���
City of Moorpark -Caltra ns District 7
City of Whiftier/Caltrans District 7
City of Norwalk/Caltrans District 7
1yo -ewpo fl
City. Burbank. Glendale. & Moorpark.
Various Counties: Los Angeles, San
Bernardino. Orange, & San Diego
Various Ports: SD, LA, & Long Beach
Caltrans District 59 - Structures
Caltrans District 7 — Los Angeles
Caltrans District 8 — SBD/Riverside
MEMO
1-605/Live Oak Ave Ramp Widening — Federal Funds
Foster Road Side Panel Replacement — Federal Funds
PM/RE
12/2017 — 02/20
Storm Drain Line 52 Replacement Project — Local Funds PM/RE
04/2016 — 06/20
Various Locations of AC Overlay Project — Federal Funds PM/RE
11/2017 — 02/20
Beverly Boulevard Traffic Safety Project — Federal Funds
PM/RE
10/2016 — 041
Alondra Boulevard Street Improvements — Federal Funds
PM/RE
07/2015 — 05/2)
Firestone Blvd, Bridge Replacement — Federal Funds
SR-73/Jamboree Bridge Widening — Federal Funds
On -Call CM/Inspection Contracts — State & Fed. Funds
PM/RE 1 03/2011 — 0512012
PMIRE 01/2013 — Ongoing,
4 On -Call CM/Inspection Contracts — State & Fed. Funds
PMIRE
01/2013 — Ongoing
3 On -Call CM/Inspection Contracts— State & Fed. Funds
PM
01/2013 — Ongoing
3 On -Call CM/Inspection Contracts — State & Fed. Funds
PM
01/2013 — Ongoing
3 On -Call CM/Inspection Contracts — State & Fed, Funds
PM/RE
01/2013 — Ongoing
4 On -Call CM/Inspection Contracts — State & Fed. Funds
PM/RE
01/2013 — Ongoing
3 On -Call CM/Inspection Contracts— State & Fed. Funds
PM
07/2013 — Ongoing
3 On -Call CM/Inspection Contracts — State & Fed. Funds PM 01/2013 — 12/2015
�M
Proposal to Provide Construction Management, Inspection and Materials Testing Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, CIP No. 38 — 07
—'
coNsn1,rA Nr5 SECTION 5:KEY PERSONNEL
ANTHONY MQUSSA
Electrical / Construction Inspector
Mr. Mnuuao has more than 8 years of construction inuoeo0on. H� construction experience includes inspection of traffic control, uigna'e, striping, oOnomte64DL
""°"" LTA " F'S mmovols, roadway excavation, trenching, storm drains, sewer lines, minor concrete,
EDUCATION LCB, JPCP. HMA. and landscaping. Duties included construction inspection and
B.S.Electrical Engineering Quality Control, producing daily reports and quantities calculations, producing progress
photos, review and monitor schedule of work, ensure compliance with plans and
REGISTRATION specifications and certificates, review shop drawings, review and monitor change order
Engineer inTraining inprogress work, assist with reviewing submittals and RFI's, attending meetings, filing documents
in project records, ensure safety compliance, preparing and reviewing 8a'bui|tu, and
preparing punch list.
RELEVANT EXPERIENCE
Arrow Highway Utilities Relocation and ConstructimnPrueoi—Ckty of Irwindale, CA
Electrical /Construction Inspector: This Locally -Funded project consisted of various relocation and construction of underground
utilities such aogas, o|anthoa|, water, and sewer. Work included traffic control, vumuvu|a, concrete and asphalt paving, curb and
gutter, eADArempa, sidewalk, ubne lighting, traffic signals, landscape, and striping. Duties included management and inspection of
vehuua items of work, office engineering, conducting meetings, reviewing submittals and RF|o. CCOo, daily diaries and quantities,
daily photos, coordinating materials testing and lane closures, filing documents, and as-builts. Project Coot: $300K.
|~605/Lixe Oak Avenue Ramp Widening & Improvements Project —Citvof|nminda|e,CA
Electrical / Construction Inspector: This Federally -Funded project conaiub*dcfarampwidoningondvariuuaimpmvnmen1ewithin
Co|tnanuond City right-of-way. Work included traffic control, removals, concrete and asphalt paving, curb and gutter, ADAramps,
sidewalk, street lighting, traffic signals, Edison service connections, drainage, landscape, and striping. Duties included management
and inspection of various items of work, office engineering, conducting meetings, reviewing submittals and RFls, CCOs, daily diaries
and quantities, daily photos, coordinating materials testing and lane closures, filing documents, and as-builts. Project Cost: $2M.
SR~210 and SR~110 Electrical Upgrades , (Ca|tnans District 7. Los Ange|es, CA)
Electrical / Construction Inspector: These Federally -Funded projects oonoiub*dofpedbnning*|ecthoa|upgra6eeupartuftheoehabi|itatiun
work on both projects such as but not limited to ramp metering, temporary lighting, tunnel lighting, substation, sign lighting, light poles, pull boxes,
conduit, and wiring. Duties included but not limited to monitoring and inspection of electrical work including temporary and permanent lighting,
fiber optic iineo, ramp metering and uigna|ization, electrical oonduits, pull buxea, 000dudnm, concrete foundations, mafety, and traffic control.
Project Cost: $5588.
Beverly Blvd. Traffic Safety and Lighting Improvements Project, City of Whittier, CA
Electrical / Construction Inspector: This Federally -Funded project nunSiSVednfimp0vements1oBever|yBou|mvondfromGF-OO5hz
Norwalk Blvd. Duties included but not limited to inspection of traffic control, aignage, raised median, PCC pavement, F|atw0rk,
pedestrian crossing, bus shelters, relocate utilities, striping, Safety, and ensuring SWPPP compliance. Duties also included assisting
the REwith office work and coordination inthe field per CoNranaand Green Book Standards. Project Cost: $ 2.5M.
A|wndra Blvd. Roadway Improvements Project, City qfNorwalk, C/\
Electrical / Construction Inspector: This Federal |y~Fundedproject oonoin0adofnohabi|itakioOofBover|yB|vd.fmmPioneerto
Shoemaker; Work consisted of roadway excavation, HMA pavement, ADA ramps, sidewalk, curb and gutter, electrical, striping, and
SWPPP. Duties included field inspection of construction work, coordinating with materials testing lab and field techs, producing daily
dairies, producing monthly quantities, and coordination in the field per Caltrans and Green Book Standards. ProjectCoat: $ 3.5101.
Firestone Boulevard Bridge Over the San Gabriel River Replacement Project, Cities of Norwalk, CA
Electrical / Construction Inspector: This Federal |y-FunWedproject oonoiSVedofdemo||1ionofexiu1ingconoreteginderUoxbr|Ugeand
replacement with pre -cast girder box, drainage, paving, utilities, electrical, landscape, and hardscape. Duties included but not limited
to monitoring and inspection of street rehabilitation to grind and overlay with rubberized aophe|f. PCC paving' striping and loop
replacement, landscape, and electrical work. Project Cost: $i2M.
Page 118 Proposal to Provide Construction Management, Inspection and Materials Testing'Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, oPNo. zn—o7
CC) N SU UT A NT S SECTION 5, KEY PERSONNEL
SAMAR ALFAKHOURI
Office Engineer
Ms. Alfakhouri has more than 10 years of experience in office engineering and
construction administration on public works projects for public works agencies and
Big construction contractors. Her responsibilities include, but are not limited to, maintaining
N I 1I N I I accurate and complete project records and files; maintaining contract records; assisting
'moo Manager with change orders, submittals, and RFls; assisting in preparing
quantity calculations and cost estimates; coordinating with various agencies; preparing
and maintaining project files; reviewing and preparing correspondence; preparing and updating spreadsheets; converting working
�ilgj JW PD�, aij arin orts. Ms. Alfakhouri has extensive ex I working on feclerall� funded irolects that utilize
i various rei
and producing documentation and reports accordingly.
RELEVANT EXPERIENCE
1-605/Live Oak Ramp Widening & Rehabilitation Project, Caltrans District 7 & City of Irwindale, CA
11RJ71141l
Order logs, and tesiing logs; preparing progress reports; assisting the Resident Engineer with reviewing CCO and pay estimate
requests; collecting inspector reports and quantities; and verifying the contractor's certified payroll. Project Cost: $1.8M.
Foster Road Rehabilitation Project, City of Bellflower & City of Norwalk, CA
Office Engineer: This Federally -Funded project consisted of various improvements including reconstruction of side panels, curbs
and gutters, ADA ramps, sidewalks, lighting, traffic signals, SCE service connections and drops, HMA pavement, traffic control, and
Beverly Boulevard Traffic Safety & Lighting Improvements Project, City of Downey, Whittier, CA
Office Engineer: This Federally -Funded project consisted of improvements to Beverly Boulevard from SR-605 to Norwalk
Boulevard, Duties included, but were not limited to, preparing and maintaining project files; performing document control; creating
and updating correspondence logs; preparing and updating submittal logs, RFI logs, CCO logs, and materials testing report logs;
preparing progress reports; assisting the Resident Engineer with reviewing CCO and pay estimate requests-, collecting inspector
reports and quantities; and verifying the contractor's certified payroll. Project Cost: $2.2111
Firestone Boulevard Bridge Replacement, City of Norwalk, Norwalk, CA
Office Engineer: This Federally -Funded project consisted of the demolition and reconstruction of a precast concrete girder bridge
P a g e 1 19 Proposal to Provide Construction Management, Jfnspectfon and Materials Testing Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, CIP No. 10 — 07
F C;
Project Description
This Federally Funded Project consisted of reconstruction
of the 1-605 northbound off -ramp at Live Oak Avenue and
installation of a traffic signal at the intersection. In addition,
to provide dual right lanes at Live Oak Avenue. The project
and replacement of road bases in the deteriorated areas,
resurfacing with conventional asphalt, and re -striping and
adjusting utility manholes within the project limits.
Arsanious Hanna, PE -City Engineer/Building_pfficial
(562) 477-5747
ahan-na@irwindaleca.gov
Scope of Services 7dz
4
FCG performed construction management and inspection
services per Caltrans LAPM and Caltrans Construction
Manaual. Work included traffic control, removals, concrete
and asphalt paving, curb and gutter, ADA ramps, sidewalk,
street lighting, traffic signals, Edison service connections,
drainage, landscape, and striping. Duties included management and inspection of various items of work, office engineering,
conducting meetings, reviewing submittals and RFIs, CCOs, daily diaries and quantities, daily photos, coordinating materials
testing and lane closures, filing documents, and preparing as-builts.
Dates 11/2018 - 04/2020 � Cost $2 Million
Staff A.B. Fakhouri, Project Manager; Jaime Engler, Resident Engineer; Anthony Moussa, Inspector; Tony Alfakhouri,
Inspector: Leon Fuentes, Electrical Inspector; Samar Alfakhouri, Office Engineer; Sam Elachkar, Scheduler
City of Norwalk CoRandy Hillman, PE -Associate Engineer
12700 Norwalk Boulevard (562) 929-5727
Norwalk, CA 90650 rhillman@-norwalkca.gov
Project Description
This Federally Funded Project consisted of the demolition ani
replacement of side panels, HMA, slurry seal, sidewalk, curb and
gutter, electrical, fiber optic, traffic control, water/irrigation line,
striping, SWPPP, and safety.
Scope of Services
FCG performed construction management and inspection
services per Caltrans LAPM. Construction management and
inspection of various work items; office engineering; conducting
meetings; performing reviews of submittals, RFIS, and CCOs;
preparing daility diaries and quantities; taking project photos;.
rluu �IaTrlflllfft fffs�lau L1 rau-, --bv TY,
PCC and AC paving, electrical, traffic signals, minor concrete, safety, SWPPP, and stripin•
Dates 01/2018 - 12/2018 Cost $3 Million
Staff A.B. Fakhourl, Project Manager/Res dent Engineer; Leon Fuentes, Inspector; Walid JNaouc
Alfakhouri, Office Engineer; Sam Elachkar, Scheduler
Inspector; Samar
a g e 120 Proposal to Provide Construction Management, Inspection and Materials Testing Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, CIP No. 18 — 07
1'6
_�Iient_,_ City of Corona
Contact
400 S, Vicentia Avenue
Corona, CA 92882
Project Description
drain line, sewer lines, waterlines, fiber optic lines, street
lighting, traffic signals, video detection, channel
reconstruction, HMA paving, parkway, sidewalks, curb and
gutter, driveways, irrigation, landscaping, and planting,
6 li Cent Cl�,
SECTION 6., RELEVANT EXPERIENCE
Linda Bazmi — Former Senior Engineer
(714) 425-2498
linda.bazmip.ocpw.ocgov.com
100 Civic Center Dr. (949) 795-8948
Newport Beach, CA 92660 msinacori@now porti)eaclic-,i.gc)v
Project Description
This $5 million project consisted of grading, roadway
excavation and b.ckfill, JPCP pavement, HMA pavement,
LCB, PCC, MBGR, drainage, electrical, traffic control, and
structural concrete. Other work included striping of white,
yellow, thermoplastic, reflective markers, seal joints, and
loops. Most of the construction was completed at night to
work during the day.
A Scope of Services
FCG
�qg
�'g performed construction management and inspection
services per Caltrans LAPM and Caltrans Construction
Manual. Duties included, but were not limited, to managing
the construction project, managing inspection and office
engineering, coordinating utilities, coordinating closures, coordinating with Caltrans for field inspection, reviewing and approving
all submittals, RFIs, schedules, claims, contract change orders, mix designs, shop drawings, field inspection, coordinating with
materials testing, and quantities
Dates 03/2011 — 06/2012 Cost $3.0 Million
Staff A.B, Fakhouri, Project Manager/Resident Engineer; Darren Hopper, Construction Inspector; Jaime Engler, Office
Engineer
P a g e 123 Proposal to Provide Construction Management, Inspection and Materials Testing Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, C/P No, IS — 07
CONSULTANTS
Client Los Angeles County
100 S Main St
Los Angeles, CA 90012
Contact Peter Lee, PE — Resident Engineer, Caltrans D7
(626) 905-1710
peter. m. lee@dot.ca.gov
Project Description
existing box girder bridge and replacement with a box girder
Scope of Services X�
FCG performed construction management and inspection
71%
services per Caltrans Constr. Manual. Duties included, but
were not limited, to managing the construction project, managing
inspection and office engineering, coordinating utilities,
coordinating closures, coordinating with Caltrans for field inspection, reviewing and approving all submittals, RIFIs, schedules,
claims, contract chanqe orders, mix designs, shop drawings, field inspection, coordinating with materials testing, and quantities.
Dates 102/2016— 12/2018 1 Cost -1 $130 Million
Staff --I A.B. Fakhouri, Project Manager/Resident Engineer, Tony Alfakhouri, Inspector, Electrical Inspector; Timmy To,
Electrical Inspector,
HSan Bernardino County Contact lhab Boulos, PE — Resident Engineer, Caltrans D8
464 W 4th Street (951) 232-7582
'I San Bernardino, CA 92401 ihab.boulos@dot,ca.gov
Project Description
of SR-58 to a four -lane expressway from post miles R22.2 to
R31.1 in San Bernardino. Work included two major bridges,
retaining walls, median barrier, slope paving, roadway
realionment, JPCP paving. AC r)avinq-draina-e tra
#
Scope of Services
FCG performed construction management and inspection
CZQXACQ'Z--1
were not limited, to managing the construction project, managing
Inspection and office engineering, coordinating utilities, coordinating closures, coordinatinx
reviewing and approving all submittals, RFIs, schedules, claims, contract change orders,
inspection, coordinating with materials testing, and quantities
with Caltrans for field inspection,
mix designs, shop drawings, field
Dates 06/2014 — 12/2015 � Cost 1 $180 Million
Staff A.B. Fakhouri, Project Manager/QA Manager, Tony Alfakhouri, Construction Inspector; Jaime Engler, Construction
Inspector.
a g e 1 24 Proposal to Provide Construction Management, Inspection and Materials Testing Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, CIP No. 18 — 07
[4 1 M-PWIMMIAM , M
C lent San Bernardino County Contact 1
464 W 4th Street
San Bernardino, CA 92401
Project Description
This $2.1 billion project included the realignment and widening
of SR-91 from the Orange County Line in Corona to Pierce
Avenue in Riverside. Work included demolition and
construction of superstructures, bridge widening, retaining
walls, tie -back walls, MSE walls, and sound walls. All work was
performed in accordance with Caltrans Standards, the Caltrans
Construction Manual, FHWA Guidelines, Local Assistance
Procedures Manual, and Greenbook Standards.
SECTION 6. RELEVANT EXPERIENCE
Hanna Dergharn, PE — Resident Engineer, Caltrans D8
(949) 266-7835
hanna.der ",qm dot.ca,qov
a 9
GrI eU t I CS, U I d I I I I b, U-11 I I U dL; L 61 Ul-Ft CFITL us-'Trn-rewsym-' -M-PFA-Am msa-,
quantities
Dates 03/2016 — 06/2018 Cost $2.1 Billion
Staff A.B, FakbourL Projert.ManagerlResidentEngineer, Hamid Shelkharamiz, Structures Inspector -
Client Los Angeles County Contact
100 S Main St
Los Angeles, CA 90012
Project Description
This $130 million project consisted of grading, roadway
excavation and backfill, JPCP pavement, HMA pavement,
LCB, PCC, MBGR, drainage, electrical, traffic control, and
structural concrete. Other work included striping of white,
Frra-ftM7988S�Wle,' 2--4414'ro-
Most of the construction was completed at night to minimize
inconvenience to motorists, though there was some work
during the day.
(818) 913-4521
j-am.al,elillamal@dot.ca.gov
Scope of Services
FCG performed construction management and inspection
services per Caltrans Constr. Manual. Duties included, but
were not limited, to managing the construction project, managing inspection and office engineering, coordinating utilities,
coordinating closures, coordinating with Caltrans for field inspection, reviewing and approving all submittals, RFls, schedules,
claims, contract change orders, mix designs, she drawings, field inspection, coordinating with materials testing, and quantities
Dates 05/2015 — 0712016 � Cost 1 $120 Million
Staff A.B. Fakhouri, Project Manager, Mamon Subeh, Construction Inspector, Jaime Engler, Construction Inspector.
P a g e 125 PriposM to Providc Ccm,,truction roancgcment, ane X'q'atermC , Tesling Servia'5
lgr,vericl n"'l Ghl"'cv 7CWC 3ionai Upgta('c�, aodr"t.ft'tv OP No, 1, —01-
Client San Diegolimperial County Contact
4050 Taylor Stree
San Diego, CA 92110
Project Description
This $400 million project consisted of pavement rehabilitati
—&ri frftwd-y-W4drfirTS
Centro, CA, to Yuma, AZ. Work consisted of demolition a
Client San Bernardino County Contact
464 W 4th Street
San Bernardino, CA 92401
Project Description
This $380 million project consisted of the demolition and
reconstruction of major interchanges and superstructures,
bridge widening, retaining walls, tie -back walls, MSE walls,
pavement rehabilitation and widening, drainage structures,
liwl street widenia minor concrete and structures, flatwork,
control, SWPPP, median barrier, slope paving, irrigation,
utilities, electrical, and landscape.
Dan Juarez, PE - Resident Engineer, Caltrans DI I
(858) 688-1501
dan.juarez@dot.ca.gov
(951) 232-6052
joseph.lopez@ot.ca.gov
Scope of Services
FCG performed construction management and inspection
t
services per Caltrans Constr. Manual. Duties included, bu
were not limited, to managing the construction project,
managing inspection and office engineering, coordinating
utilities, coordinating closures, coordinating with Caltrans for field inspection, reviewing and approving all submittals, 13171s,
schedules, claims, contract change orders, mix designs, shop drawings, tield inspection, coordinating with materials testing, and
quantities
Dates 04/2006 - 10/2007 Cost $380 Million
Staff A.B. Fakhouri, Project Manager/Lead Assistant Resident Engineer.
P a g e 1 26 Proposal to Provide Construction Management, Inspection and Materials Testing Services
Imperial Highway Traffic Signal Upgrades and Safety Enhancements, CIP No. 18 — 07
FF I C
EMSEM��.
• Consultant Proposal DBE Commitment (LAPIVI Exhibit 10-01
• Notice to Proposers DBE Information (LAPM Exhibit 10-1)
• Propose r/Contractor Good Faith Efforts (LAPM Exhibit
• Non -Collusion Affidavit
• Non -Lobbying Certification
• Non -Discrimination Certification
• Debarment and Suspension Certification
a g e 132 Construction Management, Inspection, and Materials Testing Services
Paramount Boulevard Traffic Signal Upgrades
Local Assistance Procedures Mainual Exhibit 10-01
Cons tart Proposal DBE Conintiltnilent
ExmBIT 10-01 CONSULTANT PROPOSAL DBE COMNUTMENT
1. Local Agency City of Downey 2. Contract DBE Goal'
This project Involves the installation of traffic signal upgrades (i.e., pole replacements, vehicle and pedestrian
indications, controller upgrades, battery back-up units, safety lighting, etc.) striping and 5ignage, reconstruction of curb
3- Prc;ject Dcscription: ramps, traffic signal timing and miscellaneous safety improvements.
4. Project Location. imnerDal Ijighwav4etween Oid,River So pol lRoad and WcgdaLff_A_v_tnue
5. Consultant's Name: FCG Consultants, Inc 6. Prime Certified DBE: 0
7. Description of work. Service, or Materials 8. DBE
certification 9- DBE Contact Information 10 DBE%
Supplied Number
Maha Fakhouri, President & CEO- FCG Consultants,
Inc. 22885 Savi Ranch Parkway, Suite G, Yorba Linda, 92%
Construction Management & Inspection 46140 CA(714)312.0317/Mahitfekhou6@fcgconsuftents.com
38637 Michele Shams- M 8 Professional Services, Inc. 1236 8%
Material Testing W. Brooks Streak, Ontario, CA 91762 (909) 988-2796
Local Agency to Complete this Section
17. Local Agency Contract Number; CIP 1 M7
11. TOTAL CLAIMED DBE PARTICIPATION 100 %
IS Federal -Aid Project Number HSIPL-5334(064)
19. Proposed Contract Execution Date: 7-28-20
20 Consultant's Ranking after Evaluation: 1
IMPORTANT, Identity all DBE firms being claimed for credit,
Local Agency certifies that all DBE certifications are valid and Information on
regardless of tier. Written confirmation of each listed DBE is
this form is complete and accurate,
required.
cm J_s�- uinp,, grign
21. Local Agency Representative's Signature 22. Date
12. Preparer's Signature 13, Date
Edwin J. Norris 4562) 904-71110
Mahe Fakhourl (714312-0793
23. Local Agency Representative's Name 24,Phone
14. Preparees Name 15. Phone
Puty Director of Public Works
President & CEO
25. Local Agency Representative's Title
16. Preparer's Title
DISTRIBUTION: Original — Included with consultant's proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate 63rmsts. For information call (916) 654-9410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814-
LPP 18-01 Page I of 2
January 2019
Local Assistance Procedures Manual
Exhibit 10-9
Consultant Contract DBE CommitmeM
1. Local Agency: City of Downey
2. Contract DBE Goal, 75%
3. Project Description: Imperial Highway between Old River School Road and Woodruff Avenue
4. Project Location: Downev. CA
5. Consultant's Name: FCG Consultants, Inc.
6. Prime Certified DBE: 0 7. Total Contract Award Amount:
$143,905.63
8. Total Dollar Amount for ALL Subconsultants:-
$11,421.00 9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
certi11.fication 12 DBE Contact Information DBE
.
13DDBE
Dollar
Supplied
Number
Amount
Construction Management& Inspection
Mahe Fakhouri, President & CEO, FCG Consultants
46140 1 22885 Savi Ranch Parkway, Suite G. Yotba Linda, CA
$132,484.63
(714) 312-0793 1 malia,fakhouriefcownsullarils.corn
Michele shams - MO Professional Services, Inc. 1236
$11,421.00
Materials Testing
38637 W. Brooks Street, Ontario, CA 91762 (909) 988-2795
Local Agency to Complete this Section
20, Local Agency Contract
CIP 18-07
W — In-
21. Federal -Aid Project Number; HSIPL-5334(064)
22. Contract Execution
7-28-20
nPIP.
Local Agency certifies that all DBE certifications are valid and information on
this form Is complete and accurate.
23. Local Agency Repretentallve's Signature 24. Date
--Edivirlj. Norris (562) 904-7110
25. Local Agency kepresentative's Name 26, Phone
Dejitity Director of PUblic Works
��' Lo'ca Agency Represianialive's Title
$143,905.6
14. TOTAL CLAIMED DBE PARTICIPATION — I
100 %
IMPORTANT. Identify all DBE firms being claimed for credit,
- regardless of tier. Written confirmation of each listed DBE is
required.
C4114 �s June 5, 2020
15. Preparer's Signature 16, Date
Maha Fakhourl (714) 312-0793
ff. Preparer's Name 18, Phone
President & CEO
19. Preps rer's Title
DISTRIBUTION: 1. Original — Local Agency
2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in cle-obligation offederal funds on conlract.
ADANotice: For Individuals with sensory disabilities, this document is available in alternate formals For information call (916) 654-6410 orTDD (916) 654-
3880orwrite Records and Forms Management, 1120 N Street. MS-89, Sacramento, CA 95814,
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-11: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date 11 June 8,2020 PE/CE
Opcoing Date CON
The Citv of Downc`, established a Disadvantaged Business Enterprise (DBE) goal of
75% for this contract. The information provided herein shows the required good faith efforts to meet or
exceed the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts within five
(5) business days from cost proposal due date or bid opening, Proposers and bidders are recommended
to submit the following information even if the Exhibit 10-01: Consultant Proposal DBE Commitments
I iA� -Amw r-m--b-iddiarimasr-nwt—
the DBE goal. This form protects the proposer's or bidder's eligibility for award of the contract if the
administerin 9 agency determines that the bidder failed to meet the goal for various reasons,DBE
firm was not certified at bid opening, or the bidder made a mathematical error.
The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special
Provisions, please attach additional sheets as needed:
A. The names and dates of each publication in which a request for DBE participation for this projel
was placed by the bidder (please attach copies of adverdsements or proofs of publication):
Not applicable. FCG Consultants, Inc. has a working relationship with our DBE subconsultant, MB Professional Services, Inc., and
contacted them directly for services on this contract
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project aniol
the dates and methods used for following up initial solicitations to determine with certainty
whether the DBEs were interested (please attach copies of solicitations, telephone records, fax
confirmations,
9R9WjVk#M#
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
C. The items of work made available to DBE firms including those unbundled contract work items
into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to
demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the
DBE contract goal.
Items of Proposer or Bidder Breakdown of
Work Normally Performs Item Items
(Y/N)
0.00%
Materials Testing N Materials Testing
Amount Percentage
M Of
Contract
0.00%
0.00%
0.00%
D. The names, .•• and phone numbers • rejected DBE firms, the reasons for the bidder's
rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the
firms • and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection
of the DBEs:
Not Applicable
Names, addresses and phone numbers of firms selected for the work above:
MB Professional Servies Inc. - 1236 Brooks Street, Ontario, CA 91762; (909)988-2795
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining
information related to the plans, specifications and requirements for the work which was
provided to DBEs:
Local Assistance Procedures Manual Exhibit 16-H
Proposer/Contractor Good Faith Effort
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining
bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related
assistance or services, excluding supplies and equipment the DBE subcontractor purchases or
leases from the prime contractor or its affiliate:
NoLApplicabJe
G. The names of agencies, organizations or groups contacted to provide assistance in contacting,
recruiting and using DBE firms (please attach copies of requests to agencies and any responses
received, i.e., lists, Internet page download, etc.):
Name oil' Agency/Organization Method-I/Date of Contact Results
Not ApDlicatble
H. Any additional data to support a demonstration of good faith efforts:
Not Applicable
._tica�ble
Page 3 of 3
January 2020
111.11,11111W 1 [INN 13 XWETH 310 13WI a 110MU KIM N
AND SAFETY ENHANCEMENTS PRZCT
RFP NO.: 20-009
Capital Improvement Project No. 18-07
Federal Project No. HSIPL-5334(064)
=1
'"yW411JW1161=-W L - -a U
Public Contract Code Section 7106)
of the BIDDER or any BIDDER, or to fix any overhead, pro' 01 cost element of tile bid price, or of that of any other
BIDDER, or to secure any advantage against the public body awarding the contract of anyone, interested in tile proposed
contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository�
or to any member or agent thereof to effectuate a collusive or shun bid.
0,
may subject the certifier to criminal prosecution,
Signed
State of California
Countyof 00-4KI66Z
Subscribed and sworn (o (or affinned) before me on this dav of 201� bv IW6yfl 15 14 Lz;4Ki60 UAX
proved to me on the basis of satisfactory evidence to be the person(s) wl�o appe—ared' before me.
NARENDRA V. NARAN
Notary Public - Ca
Z
Orange County
Commission 0 2149720
Notary Public Signature Notary Public Seal L �Lcomm. EXPI(as Mai 18, 2020
CITY OF DOWNEY REQUEST FOR PROPOSAL
16-24"112"161 W-11"
AND SAFETY ENHANCEMENTS PROJECT
RFP NO.: 20-009
Capital Improvement Project No. 18-07
Federal Project No. HSIPL-5334(064)
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and
belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
SWal cv- a Member of
the awarding of any federal contract- the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan., or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure
of Lobbying Activities".
OWN
NOW 1119W11
than $ 10,000 and not more than $100,000 for each such failure.
ii i6l ii-i"i 1116 WNW- i
mis cermication oe inclucieu in au Yower UC1- �SUUUUIMLS, Wiuk;ii CXi.�Uvj, LD 11V1U,1VVV UIR17 la CM SULAIL SCRT4
and disclose accordingly.
Firm FCG Consultants, Inc.
Signed andPrintedName: Maha Fakhouri
Title President & CEO
Off-AMEEMMUM
iz1 1 "IL
INI 11
TIA TIN MI, Iff MIMMIN M.
1. The Contractor shall not • against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without, regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Contractor shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of the Contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to t'I• and applicants for employment.
4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole
or in part and the Contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or
as otherwise provided by law.
7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the
administering agency may direct as means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened
with, gation with a subcontractor or vendor as a result of such direction by the administering agency, the
Contractor may request that the United States enter into such litigation to protect the interests of the United
States.
No discrimination shall be made in the employment of persons upon public works because of race, religious
creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such
persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject
to all the penalties imposed for a violation of the Chapter.
Title: President & CEO
- I I
I a l i r i i')
11611111101Z
ISI11117111IMITT-4,11r. MI, I - I
sow
MM
TKUL EEMMIIIIM-77 =11TIMET71 I I I I a -TTR F c i M=fri e r em'm 7,
rn the capacity of owner, partner, director, officer, manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal
agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the
past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil j udgment rendered against it by a court of competent jurisdiction in
any matter involving fraud or official misconduct within the past 3 years.
11
MISINIIIIIIHNIII 111IM! III �M117111� ��UTXnsllt 1. 0
Ftxceptions will not necessarily result in denial of award, but will be considered in deten-nining bidder responsibility. FM
?,ny exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is t)art of the Proposal. Signing this Provosal on the sienature portion thereof shall also
constitute sianature of this Certification.
Name:
Maha Fakhouri
Title:
President & CEO
Company:
FCG Consultants, Inc.
Date:
June 5, 2020
• Linda, California 92887
Tele 1 714.312.0317
W� Fax 1714.312.0793
C 0 N S U L T A N T S wwwAgconsultants.corn
ID
CM-1 CM Staffin;5 Days- PreconstructionAct-las
CM-2 CM Staffing 120 Days -During Construction Activities
120
CW CM Staffing 10 Days- PoetCoristruction Activities
5
Thesearatw
A1100 Submittals
20
v critical.cdvitles
A1200 ProcureMaterials
20
whereSubmittals
AM ;underground Alert/ USA
resubmitted
and responded to
A1400 !3urvay and Layout
10
timely in order
Prepare Project: and 5taging Area
5
A1600 i1ristall SWPPP 9MP-S
5
A1700 Potholing
15
AnGO ,Trstall Conduits
15
A19M aBS conduit and foundations
15
A2000 matell Temporary Cabinets and Pole Foundations
10
A2100 Install Pole and Cabinet Foundations
15
LA2200 install Pull Boxes_
15
A2300 'mstAlnPvv&Ramova0IdTaffic5ig.IPoles
is
lull New Cables &_Wrea
10
A2500 retell new Traffic 5!g Equip & St Name Signs
20
These a re very critical activities
to asure timely completion of
A26W rate 11 New Video Detection System & EVP Systems
A2700 ast.11 BBS Equipment
1
I,
A2800 (Install New 332 Cabinet W/ 2070 Controller
is
A2900 lAemoe and Reconstruct ADA Ramps
20
A3000 3idewe lk Restoration
20
The FCG Team will provide the
Contractor with a punchlid
A3100 Pavement Restoration
20
A3200 '3t,ilping
10
A3300 15igna Is Turn -On
5
A3400 1,)s-Buifts Review and Approval
5
A3500 INalkhrinugh&Punchilst
10
A3600 i 7rc ;xVT4^ , Files Completion
10
-]
1
fthWfYTqWSkWUMde�=dS%*
6bull"Matftim
,
M
CirkicalActidies
Page I29
ki "It
I Month Pon Cvntaaft ph.,. I CM T... Adhafts
Se,t_ Project '_Is,
Pre-C. meeting PublicOutrea,h
Coretructim Eng.
Field inspection
Materials esting
mcce-ep-
Project Reporting
Correspondence
,vai cv,,O'd
Coordination
Real For
rformatio
Progress
Payments
Schedule Tracking
Budget racking
Chang,
Management
As -Built Plans
Disinfection Testing
Submit P,.jPd Fles
Proposal to Provide Construction Management, Inspection and Materials Testing Services
Paramours' Boulevard T,.ff¢ Signal Upgrades
`
[MIS,
CONSULTANTS SECTION 8: SCHEDULE
Resoume Management & Staffing
fo both office and field positions to cost-effectively solve problems at any level. Our team has extensive experience working on
public works projects that utilize Greenbook, Caltrans standards and procedures, and Caltrans LAPM.
YVeprovide large business service with ateam nfmulti-disciplined professionals; however, what differentiates our firm from others
is having the ability to provide a umeU buo|neuo, client -focused, and customer -service approach to deliver each client the one-on-
one attention needed to specifically tailor cost-effective solutions and solve unique projectneedu.FOGutaff ensures this bvmaking
sure our team is selected based on availability and relevant experience, full understanding of the scope of services, and knowledge
of the needs of the stakeholders. We realize our people are our greatest strength and therefore our greatest asset, Our success is
based unhiring the best people buproduce the highest quality results at the most reasonable price and continues through our internal
comprehensive training program that can get inspectors up to speed on any work assignment and in any work environment,
concluding with our quality maintenance processes. This training program enables us to propose cross -trained staff that can cover
multiple disciplines of the work, i.e., structures and roadway, electrical and landscape, etc. Cross -trained staff are key to efficiently
budgeting for our services and providing clients with competitive fees,
Resource ilianagement
The table below highlights FCG's approach to managing resources to ensure the successful delivery of the project within tha
proposed budget and schedule. Our proposed Construction Inspector is 100% dedicated to this project.
MO
2021
--~---- -
me A�qust Febfu March
PM/RE AB F Ahvid, PE
Offic Eno
Page 130 Construction Management, Inspection, and eote»olsTesting Services
Paramount Boulevard Traffic Signal Upgrades
• r;
Page 26
Local Assistaw-is Procedures Manual EXHIBIT 10-1,11
Cow Proposal.
Now MeA-c" we Not Alkwisd 13 Plum conxw" 58WWnsuftant 112ad nor SubcarsubrA
Consultant FCG ConsultantsInc.
Project No. CI P 1847 Contract No. Date 61612020
DIRECT LABOR
Classification/Me Name Houn; Actual Hourly Rate Total
Resident Engineer Abdallah Fakhouri 160m $ 75.00 12,000.00
Cons 'on Ina Anftny MoJsss 720.00 li 50100 30,000.00
Of Engineer Samar Ankhourl 160m $ 32.00 $ 5,120,00
OR COSTS
a) Subtotal Direct Labor Costs $ 53,120.00
Ip) Anticipated Salary Increases (see page 2 for calculation) $
a) TOTAL DIRECT LABOR COSTS [(a) 4 (b)] $ 53,120.00
INDIRECT COSTS
d) Fringe Benefits (Rate: 41A4%
0 Overhead& G&A Matla: 2754% IncludeAL'
h) General & Adirnin (Rate. 64.11%
FIXED FEE 7.004'a
a) Total Fringe Benefits [(c) x (d)) S 22,012.93
g) Overhead 1(c) x (�] $ 14,629.25
i) Gen & AdrTWi [(c) x (h)] S 34.055,23
J) TOTAL INDIRECT COSTS [(a) + (9) + (Q) $ 70,697.41
k) TOTAL FIXED
additional pages it necessary)
Quantity1 unit UnItCost Total
$
$ pq
$
m) SUBCONSULTANTS'COS T3 (Add additional pW* If necessary)
Subconsuftant 1: MB Pro- Materials T"fing $
Subconsuftent2: $
Subconsultoril 3: $
Su neat 4; 3
74,54SULTANTS'COSTS $
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(Q + (m)] $
TOTAL COST [(c) + 0) + (k) + (n)] ; $
MEM
NOTES;
1. Key personnel must be marked with an asterisk () and employees ftt are Pubjest to prevailing wage requirements must be marked vAlh two asterisk$
('*). All costs must comply with the Federal cast principles, Subconsidtanis YAII provk* their ovin cost proposals.
2. The cost proposal fa shall not be amended. indirect cost rates shell be updated on an annual basis in accordance each ft consultant's annual
accounting period and established by a cognizant agency or accepied by Callrans.
& Anticipated salary Increases cakWallon (page 2) must accompany.
Pago 1 of 3