NORTHEAST HERMOSA BEACH NEIGHBORHOOD TRAFFIC STUDY
APPROVAL OF REQUEST FOR PROPOSALS

 

Recommendation:

It is recommended that the City Council approve the attached Request for Proposals and authorize Staff to solicit proposals.

 

Background:

The Public Works Commission has determined that a comprehensive traffic study is needed to identify the source of the undesirable traffic intrusion into the neighborhoods in the vicinity of 30th Street, Longfellow and Gould. The findings and recommendations will be used to develop the necessary steps to take to mitigate the traffic intrusion.

In accordance with the Public Works Commission’s directive of March 14, 2001, Staff developed a scope of work for the proposed traffic study of the neighborhood bounded by Sepulveda/Pacific Coast Highway (PCH) on the east, Ardmore Avenue on the west, Boundary Place on the north and Gould Avenue on the south.

On June 13, 2001, Staff presented the proposed scope of work to the Commission for review and comments. The Commission discussed the proposed scope of work with Staff and offered a few comments. The Commission’s comments have been incorporated into the scope of work. Now the item is before Council for approval to solicit proposals.

 

Fiscal Impact:

There is no fiscal impact at this time.

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REQUEST FOR PROPOSALS
NORTHEAST HERMOSA BEACH
NEIGHBORHOOD TRAFFIC STUDY

 

The City of Hermosa Beach is soliciting proposals from qualified traffic engineering consulting firms to provide consulting services to conduct the northeast Hermosa Beach neighborhood traffic study.

The City will meet with your representatives and review the projects at a non-mandatory pre-proposal meeting on Thursday, ____________, at 2:00 p.m. in the City Hall Council Chambers.

All firms wishing to respond to this request for proposal are required to submit to this office no later than 5:00 p.m. on Thursday, _____________. Should you require clarification on any other matters regarding this RFP, please contact Mr. Richard Garland, P.E., City Traffic Engineer at 714/330-8984.

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REQUEST FOR PROPOSALS

NORTHEAST HERMOSA BEACH
NEIGHBORHOOD TRAFFIC STUDY

DEPARTMENT OF PUBLIC WORKS
1315 VALLEY DRIVE
HERMOSA BEACH, CALIFORNIA 90254
HAROLD C. WILLIAMS, P.E.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER

JULY 2001

 

TABLE OF CONTENTS

1. INVITATION FOR PROPOSALS
2. BACKGROUND
3. DESIGNATED INDIVIDUAL (PROJECT MANAGER)
4. PROPOSAL CONTENT
5. SELECTION CRITERIA
6. SCHEDULE
7. SCOPE OF WORK
8. REFERENCE MATERIALS
9. ISSUING OFFICE
10. RIGHT OF PROPOSAL REJECTION
11. EXPENSE, OWNERSHIP & DISPOSAL
12. ADDENDA
13. ACCEPTANCE OF CONTRACT
14. DISCLOSURE
15. RULES FOR PROPOSAL
16. METHOD OF PAYMENT
17. REGULATIONS
18. NON-DISCRIMINATION BY CONTRACTORS
19. SAMPLE PROFESSIONAL SERVICES AGREEMENT
20.  

REQUEST FOR PROPOSALS
NORTHEAST HERMOSA BEACH
NEIGHBORHOOD TRAFFIC STUDY

I. INVITATION FOR PROPOSALS

The City of Hermosa Beach invites the submittal of proposals from qualified traffic engineering consulting firms to provide consulting services to conduct the Northeast Hermosa Beach Neighborhood Traffic Study.

II. BACKGROUND

Residents of the neighborhood in northeast Hermosa Beach defined by Sepulveda Boulevard/Pacific Coast Highway on the east, Ardmore Avenue on the west, Boundary Place on the north, and Gould Avenue on the south have expressed concerns regarding traffic volumes, traffic speeds, and safety on their neighborhood streets. In response to these concerns, the City of Hermosa Beach is seeking the services of a consulting firm to conduct a neighborhood traffic study. The general approach for the study will be to analyze the existing and projected traffic conditions in the area, solicit input from the residents regarding their concerns and ideas for traffic management strategies, then develop a program for appropriately addressing the identified conditions and concerns. The primary objective is to formulate a plan that 1) is technically, politically, and fiscally feasible; 2) is acceptable to the affected residents as well as the City, and 3) would not result in a significant adverse impact, such as a substantial increase in traffic on a local street.

III. DESIGNATED INDIVIDUAL (PROJECT MANAGER)

Firms shall designate an individual who will be the primary performer of the services described herein.

IV. PROPOSAL CONTENT

Statements of qualifications must include the following:

If any portions of the project will be subcontracted, provide the following information for the subcontractor(s):

List three or more projects where the firm has been engaged to conduct a comprehensive residential neighborhood traffic study. Projects listed should be similar in type of scope to the proposed project. For each project referenced, include owner, location and name of firm’s project manager.

All proposals shall be submitted to the Public Works Department, 1315 Valley Drive, Hermosa Beach, CA 90254, telephone 310/318-0214, on or before _______________ at 5:00 p.m.

All late proposals shall be returned .

The company official with the power to bind the company to its proposal shall sign all copies. To be considered, all proposals must be completely responsive to the RFP.

5. SELECTION CRITERIA

The key criteria used to evaluate qualifications shall be:

5. SCHEDULE

• SCOPE OF WORK

• A. COMMUNITY WORKSHOPS AND MEETINGS

  A series of community workshops will be required to gain insight from the residents and businesses in the area regarding the concerns, problems, goals, and objectives relative to this study. It is anticipated that a workshop would be held early in the process to establish an initial understanding of the issues, that a workshop would be held after the data collection program is completed to present the data and outline potential strategies, and that a workshop would be held when the preliminary recommendations are developed. These workshops could either be informal round-table discussions or they could be incorporated into a Public Works Commission meeting. In addition, attendance would be required at an estimated three formal hearings (Public Works Commission and/or City Council) at which the consultant will present the findings and respond to questions/comments. It is also anticipated that there will be up to four meetings with City staff during the course of the study, including a meeting with staff at the City of Manhattan Beach to assemble information relative to proposed development projects and planned changes to the street network (striping, parking, turn restrictions, etc.).

  B. DATA COLLECTION PROGRAM TO ESTABLISH EXISTING CONDITIONS

  A data collection program will be required to establish the existing conditions in the study area. The study area for the data collection program will extend from 2 ^nd Street in Manhattan Beach on the north to Gould Avenue on the south, and from Valley Drive on the west to the commercial streets east of Sepulveda/PCH on the east. The data collection program will include the following locations for automatic 24-hour counts (tube counts) and peak hour intersection counts during the AM and PM peak hours on a weekday. The City reserves the right to add up to four streets and four intersections to this list if additional locations are identified during the scoping sessions. In addition to the traffic count locations listed below, the consultant will obtain traffic volume information from the City of Manhattan Beach for the streets in Manhattan Beach east of Sepulveda/PCH.

  24-Hour Machine Counts: 

• 2nd Street west of Sepulveda

• 1st Street west of Sepulveda

• Duncan Place west of Sepulveda

• Duncan Avenue west of Sepulveda

• Boundary Place west of Sepulveda

• Longfellow Avenue west of Sepulveda

• 30th Street west of Sepulveda

• Gould Avenue west of Sepulveda

• Valley Drive north of Gould

• Ardmore Avenue north of Gould

• Tennyson Place north of 30th Street

• Peak Hour Intersection Counts: 

• Sepulveda at 2nd Street

• Sepulveda at Longfellow Avenue

• Sepulveda at 30th Street

• Sepulveda at Keats Street

• Sepulveda at Tennyson Street

• Ardmore at Gould Avenue

• Ardmore at 30th Street

• Ardmore at Longfellow Avenue

• Valley Drive at Gould Avenue

• The peak hour intersection counts will be used to determine the volume/capacity ratios and levels of service at each intersection during the AM and PM peak hours.

  In addition, a license plate survey will be taken during the morning and afternoon peak periods on Longfellow Avenue and 30th Street west of Sepulveda Boulevard. The license plates of vehicles traveling on these streets will be recorded and submitted to the City so that the addresses of the registered owners of the vehicles can be determined. This information will be used by the consultant to estimate the percentage of cut-through traffic on these streets. Observations will also be made to monitor the number of vehicles traveling on Longfellow and 30th Street that are generated by the commercial uses along the Sepulveda corridor.

  An inventory of physical conditions at the streets and intersections listed above will also be conducted to identify such features as number of lanes, types of traffic control devices, pavement width, on-street parking, commercial driveway locations, and turn restrictions.

  C. IDENTIFY PROPOSED DEVELOPMENT PROJECTS & LAND USE CHANGES

  An inventory of proposed and anticipated development projects and land use changes within and near the study area will be assembled. This information will be obtained from the Planning Departments at Hermosa Beach and Manhattan Beach.

  E. FORECAST FUTURE TRAFFIC CONDITIONS

  The future traffic volumes at the study area streets and intersections will be forecast based on general regional growth and the cumulative impacts of the development and land use proposals identified above. The volume of traffic expected to be generated by the proposed development projects will be quantified and geographically distributed onto the street network to estimate the increases in traffic that will likely occur on the affected neighborhood streets.

  F. IDENTIFY TRAFFIC PROBLEMS AND CONCERNS

  Based on the results of the data collection program, the observations of traffic patterns, the evaluation of traffic conditions, and input from the public, the existing and anticipated traffic problems, issues, and concerns will be identified.

  G. DEVELOP NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM

  In response to the problems and concerns identified in the above task, a set of neighborhood traffic management/traffic calming measures will be developed that could potentially be used in the study area. The advantages and disadvantages of each measure will be described and the anticipated effectiveness of each measure will be evaluated. Any anticipated adverse impacts associated with the potential measures would also be identified. Based on the results of the technical analysis and the input received from the series of workshops and public meetings/hearings, the recommended traffic management program will be developed.

  H. DOCUMENTATION

  The study methodology, assumptions, procedures, findings, and recommendations will be documented in a draft report that will be presented to the City for review and comment. A final report will then be prepared in response to the comments received.

• REFERENCE MATERIALS

The following items will be provided to the contractor by the City of Hermosa Beach for use in preparing the proposed project and should not be included in the fee proposal.

IX. ISSUING OFFICE

Harold C. Williams, P.E., Public Works Director/City Engineer, Department of Public Works, 1315 Valley Drive, Hermosa Beach, California 90254.

X. RIGHT OF PROPOSAL REJECTION

The City reserves the right to reject any or all proposals, to waive any informality in such proposals, to request new proposals or to proceed to do work otherwise. The receipt of proposals shall NOT in any way, obligate the Board, the Department of Public Works, or the City to enter into a professional services agreement, lease or any other contract of any kind with any proposer.

Pre-contractual expenses are defined as expenses incurred by the offeror in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City any matter related to this proposal; (d) any other expenses incurred by offeror prior to date of award, if .any, of the agreement.

Proposer shall not include any such expenses as part of the price as proposed in response to this RFP.

XI. EXPENSE, OWNERSHIP AND DISPOSAL

The City shall not be responsible in any manner for the costs associated with the submission of the proposals. The proposals, including all drawings, plans, photos, and narrative material, shall become the property of the City upon receipt by the City. The City shall have the right to copy, reproduce, publicize, or otherwise dispose of each proposal in any way that the City selects. The City shall be free to use as its own, without payment of any kind of liability therefore, any idea, scheme, technique, suggestion, layout, or plan received during this proposal process.

XII. ADDENDA

Any subsequent changes in the RFP from the date of issuance to date of submittal will be made in the form of addenda by the issuing office to those parties who have provided the proper notice of interest in responding to the RFP.

XIII. ACCEPTANCE OF CONTRACT

The contents of the proposal of the successful contractor shall become contractual obligations if a contract ensues. Failure of a contractor to accept these obligations may result in the cancellation of any award. Any damage accrued by the City as a result of the contractor’s failure to contract may be recovered from the contractor.

A copy of the City’s standard professional services agreement is included in Section XVI for the contractor’s information.

XIV. DISCLOSURE

Any information other than cost and price which the contractor does not wish to be disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked "Confidential." This data shall not be disclosed, duplicated or used in whole or in part for any purpose other than to evaluate the response. However, in case a contract is awarded to the proposer, the City shall have the right to duplicate, use or disclose this information to the extent provided in the contract. This restriction will not limit the City the right to use information if it is obtained from another source.

XV. RULES FOR PROPOSAL

The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals, are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all, respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the contractor.

A consultant’s proposal for consultant engineering services shall be submitted in two parts: A) Consultant’s Qualifications, and B) Consultant’s Fee and Reimbursable Expenses. Both parts A and B must bear the signature of the individual with the power to bind the proposing firm to the proposed costs.

1. Consultant’s Qualifications

2. Consultant’s Fee and Reimbursable Expenses

Eight (8) copies of the written proposal are required, with all copies having been signed by the individual (if a company) or the company official with the power to bind the company in its proposal. The proposals, excluding resumes, must not exceed 20-8½" x 11" pages in a 3-ring binder with no laminated pages.

The cost proposal must include the projected staff hours, hourly rates, unit prices and reimbursable expenses for the project, as follows:

The City will meet with your representatives and review the projects at a non-mandatory pre-proposal meeting on _______________________, at 2:00 p.m. in the City Hall Council Chambers.

Itemized breakdown for services between _______________________.

Personnel costs - Itemized to show the following:

XVI. METHOD OF PAYMENT

Payment to the contractor shall be made monthly based on hourly rates and hours worked in performing the required services. Invoices shall be submitted to the City Engineer for approval. Contractor’s invoices shall include a breakdown of staff hours for each task and necessary reimbursable items.

XVII. REGULATIONS

The contractor will be expected to comply with all applicable Federal and State regulations, local codes, and contract provisions.

XVIII. NON-DISCRIMINATION BY CONTRACTORS

As suppliers of goods or services to the City of Hermosa Beach any firm submitting a proposal shall agree that it does not discriminate in its employment with regard to race, color, religion, sex or national origin, that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.

XIX. SAMPLE PROFESSIONAL SERVICES AGREEMENT  

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ATTACHMENT 1

MAPPING, DOCUMENTATION & PLAN PREPARATION REQUIREMENTS

MAPPING

To the extent possible, mapping shall be prepared to engineering accuracy (i.e., to two decimal places) based on available improvement plans, right-of-way maps, parcel maps and tract maps. When information from different sources appear to conflict, assumptions shall be documented and the City shall be notified in writing.

In preparing maps, drawings and other exhibits, contractor shall use AutoCAD (latest release).

Preliminary CAD drawings may be plotted on reproducible bond paper. Final CAD drawings shall be plotted on 4 mil thick Mylar and provided to the City as a deliverable product.

Final CAD drawing files shall be provided to the City on 3½" Windows formatted high-density (1.44 MB) diskettes as a deliverable product.

All final CAD drawing files shall become the property of the City and may be used subsequently by the City or its assignee without additional compensation to the contractor.

DOCUMENTS

Document files shall be prepared using the MS Windows 98/Word 97 and cost estimate shall be prepared in MS Windows 98/Excel 97. Final document files shall be provided to the City on 3½" Windows formatted high-density (1.44 MB) diskettes as a deliverable product.

All final document files shall become the property of the City and may be used subsequently by the City or it s assignee without additional compensation to the contractor.

Changes made to copies of the contractor’s original documents by others does not necessarily release the contractor from further responsibility or liability for the accuracy or completeness or the information contained in the original documents.

ATTACHMENT 2

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT, made and entered into this____ day of _______, 2001 at Hermosa Beach, County of Los Angeles, State of California, by and between the CITY OF HERMOSA BEACH, through its duly elected, qualified and acting MAYOR, hereinafter called the CITY, and _______________, hereinafter called the CONSULTANT.

WITNESSETH: That the CONSULTANT for and in consideration of the covenants, conditions, agreements, and stipulations of the CITY herein expressed, does hereby agree to furnish to the CITY professional services and materials, as follows:

ARTICLE I - Scope of Work

CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the plans and specifications or the scope of work attached as Exhibit "A".

ARTICLE II - Costs

The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this Agreement at the rates and in the manner established in the attached Bid Proposal.

Total expenditure made under this contract shall not exceed the sum of

$ _________. This fee includes all expenses, consisting of all incidental blueprinting, photography, travel, and miscellaneous costs, estimated to be accrued during the life of the contract. It also includes any escalation or inflation factors anticipated. No increase in fees will be allowed during the life of the contract.

Any increase in contract amount or scope shall be by express written amendment approved by the CITY and CONSULTANT.

The CONSULTANT will be reimbursed for costs incurred in the performance hereof as are allowable under the provisions of Part 1-14 of the Federal Procurement Regulations.

ARTICLE III - Method of Payment

CONSULTANT shall be reimbursed monthly in arrears based upon the hourly services provided. CONSULTANT shall submit invoices in triplicate and addressed to the CITY, c/o the Finance Department, 1315 Valley Drive, Hermosa Beach, CA 90254-3884.

ARTICLE IV - Subcontracting

CONSULTANT shall not be permitted to subcontract any portion of this contract without the express written consent of the CITY.

ARTICLE V - Completion Date

CONSULTANT shall commence work under this agreement upon execution of this agreement and shall complete the work according to the schedule submitted as part of Exhibit "A", however, the CITY’s Director of Public Works may extend the completion date as required by the scope of this contract. Any contract time extension shall require the express written consent of the Director of Public Works.

ARTICLE VI - Accounting Records

CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the CONSULTANT’s California office during the contract period and thereafter for three years from the date of final payment of Federal funds hereunder.

ARTICLE VII - Ownership of Data

All data, maps, photographs, and other material collected or prepared under the contract shall become the property of the CITY.

ARTICLE VIII - Termination

This contract may be terminated at any time for breach and the CITY may terminate unilaterally and without cause upon seven (7) days written notice to the CONSULTANT. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement.

ARTICLE IX - Assignability

CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY.

ARTICLE X - Amendment

It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties.

ARTICLE XI - Non-Solicitation Clause

The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

ARTICLE XII - Equal Opportunity Assurance

During the performance of this contract, the CONSULTANT agrees as follows:

A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin.

C. The CONSULTANT will permit access to their books, records and accounts by the applicant agency, the State, the Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause.

D. In the event of the CONSULTANT’s noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part.

ARTICLE XIII - Clean Air Act

During the performance of this Contract, the CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended.

ARTICLE XIV - Indemnity

CONSULTANT agrees to indemnify the CITY, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors or omissions of CONSULTANT, its agents, employees, subcontractors, or invitees, provided for herein. CONSULTANT will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys’ fees incurred in connection herewith. CONSULTANT will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. In the event CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CONSULTANT for such damages or other claims arising out of or in connection with the sole negligence of CONSULTANT hereunder, CONSULTANT agrees to pay CITY, its officers, agents, or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to reasonable attorney’s fees.

ARTICLE XV - Insurance

A. Without limiting CONSULTANT’S obligations arising under ARTICLE XIV - Indemnity, CONSULTANT shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows:

i. Automobile Liability Insurance with minimum coverages of $500,000 for property damage, $500,000 for injury to one person/single occurrence, and $500,000 for injury to more than one person/single occurrence.

ii. Public Liability and Property Damage Insurance , insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT’S actions under this Agreement, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $1,000,000.

iii. Worker’s Compensation Insurance for all CONSULTANT’S employees to the extent required by the State of California.

B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence.

C. Additional Insured . City, its elected and appointed officers, agents, and employees shall be named as additional insureds on policies referred to in subparagraphs A (i) and (ii).

D. Primary Insurance . The insurance required in paragraphs A (i) (ii) and (iv) shall be primary and not excess coverage.

E. Evidence of Insurance . Consultant shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefor at CONSULTANT’S expense.

ARTICLE XVI - Enforcement of Agreement

In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney’s fees in the amount to be determined by the court.

ARTICLE XVII - Conflicts of Interest

No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

ARTICLE XVIII - Independent Consultant

The CONSULTANT is and shall at all times remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT’s employees, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY.

ARTICLE XIX - Entire Agreement of the Parties

This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT.

ARTICLE XX - Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended.

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