HomeMy WebLinkAbout05. Approve PSA w-Edenco, Inc for Measure S Program and Proj Mgmt SrvcsRUM NU
APPROVED 13y
CITY IWANAQER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JOHN OSKOUI, ASSISTANT CITY MANAGER
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH EDENCO, INC. FOR
MEASURE S PROGRAM AND PROJECT MANAGEMENT SERVICES
RECOMMENDATION
That the City Council:
1. Approve a Professional Services Agreement with Edenco, Inc., in the amount of
$1,948,500 for a period of four (4) years; and
2. Authorize the Mayor to execute the agreement in a form acceptable by the City
Attorney; and
3. Authorize the City Manager to execute any and all amendments to the agreement as
deemed necessary in a form acceptable by the City Attorney.
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In November 2016, the City's voters approved Measure S an increase of 1/2percent to the
transactions and use tax. Measure S is expected to gene�ate approximately $4.5 million per
year for the purpose of improving City's infrastructure including its parks facilities and buildings
to protect and enhance the quality of services to the community.
Approve Professional Services Agreement for Measure S Program and Project Management
Services
May 22, 2018
The City must complete all projects with an estimated construction cost of $43.3 million within
the next three (3) — four (4) years, which requires full implementation of a very robust
construction program. The City does not have adequate levels of in-house resources and
expertise to administer such a program. As such, it is the City's intent to retain a highly qualified
Program and Project Manager for management of its Measure S Construction Program.
On April 16, 2018, the City released a Request for Proposals (RFP) for Measure S Program and
Project Management Services. On May 3, 2018, the City received a total of seven (7) proposals
from the following firms:
California Construction Management, Inc., HR Green Pacific, Inc., Telacu Construction
Management, Bernards, Edenco, Inc., Cumming, and Griffin Structures.
The proposals were reviewed, analyzed, evaluated and ranked based on the following
parameters to select the most qualified firm:
Firm's Experience
Firm's Technical Competence
Qualifications of Proposed Team Members
Past Performance and References
Budget and Schedules
It has been determined that the firm Edenco, Inc. is the most qualified firm to manage the
Measure S Program and Project Management Services. The chart on the next page
summarizes the ranking and submitted fees of the firms who submitted a proposal:
Approve Professional Services Agreement for Measure S Program and Project Management
Services
May 22, 2018
The original proposed fee by Edenco, Inc. was $2,056,790. However, after it was determined
that Edenco, Inc., was the most qualified firm to provide the required services, staff negotiated
the fee for services and agreed with a not to exceed fee of $1,948,500.
FISCAL IMPACT
The cost for Measure S Program and Project Management Services is included in the Measure
S Improvement Program Fund (Account No. 33-1-3301-0520)
ATTACHMENTS
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Approve Professional Services Agreement for Measure S Program and Project Management
Services
May 22, 2018
1. PARTIES AND DATE.
This Agreement is made and entered into this 22"d day of May, 2018 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
Edenco; Inc., a California corporation, with its principal place of business at 2906 La
Ventana, San Clemente, California 92672 ("Consultant"). City and Consultant are sometimes
individually referred toas"Party" and collectively as "Parties."
2. RECITALS.
Consultant desires to perform and assume responsibility for the provision of certain
professional program and project management 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 program and project 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 Measure S
Program and Project Management Services project ("Project") as set forth in this
Agreement.
3. TERMS.
3.1 Scope •
3.1.1 General Scope 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 program and project
management 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.
3.1.2 Term. The term of this Agreement shall be from May 22, 2018 to May
22, 2022, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules
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and deadlines. The term of this Agreement may be extended by written amendment to this
Agreement signed by the City Manager and the Consultant.
3.2.1 Control and Payment 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 (CalPERS) to be eligible
for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and
hold harmless CITY for the payment of any employee and/or employer contributions for
CalPERS 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: For each project or task, a specific Schedule of
Services will be developed in accordance with the sample Schedule of Services. City and
Consultant will agree on the tasks, task durations and overall project schedule. Consultant
shall perform the Services expeditiously, within the term of this Agreement, and in
accordance with the agreed-upon project -specific Schedule of Services. Consultant
represents and warrants that it has the professional and technical knowledge and personnel
required to perform the Services in conformance with the Schedule. 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 timelines to meet the Schedule.
3.2.3 Conformance to A lcable' Re uiremnts. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
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one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. 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 the City Manager or
his or her 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 Contract. Consultant shall not accept direction or orders from any
person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Walter
Eden or his or her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative 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 Emp1gypes. 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 to perform the Services in a manner consistent with the
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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 Regulations. Consultant shall keep itself fully informed of and
in compliance with all applicable local, state and federal laws, rules and regulations in force at
the 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 bylaw. 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 andagents
free and harmless, pursuant to the applicable 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 Core fiance. Consultant shall not commence the
Services or the Project under this Agreement until it has provided evidence satisfactory to the
City that it has securedall insurance required under this section. In addition, Consultant shall
not allow any 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. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
circumstances.
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, the Services or the Project 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 Scope of Insurance. (1) Commercial General
Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an `occurrence
basis including products and completed operations, property damage, bodily injury and
personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form
Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired)
and 9 (non -owned); and (3) Workers' Compensation: Workers' Compensation insurance as
required by the State of California with Statutory Limits; and (4) Employer's Liability
Insurance.
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(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) Commercial General Liability (CGL): No less than $2,000,000 per
occurrence for products and completed operations, bodily injury,, property damage and
personal and advertising injury. If Commercial General Liability Insurance or other form with
general aggregate limit applies, either the general aggregate limit shall apply separately to
this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per
accident for bodily injury and property damage; and (3) Workers' Compensation: Workers'
Compensation limits as required by the Labor Code of the State of California with Statutory
Limits; (4) Employer's Liability: Employer's Liability limits of no less than $2,000,000 per
accident for bodily injury or disease. Employer's Liability coverage may be waived by the City
if City receives written verification that Consultant has no employees.
If the Consultant maintains broader coverage and/or higher limits than the minimum shown in
this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Consultant. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to the
:city.
3.2.10.3 Professional Liability (Errors & Omissions);. Consultant
shall procure and maintain, and require its sub -consultants to procure and maintain, fora
period of five (5) yearn following completion of the Services or 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 occurrence or claim and $2,000,000 in the aggregate,
and shall be endorsed to include contractual liability. If the Consultant maintains broader
coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City
requires and shall be entitled to the broader coverage and/or higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms
approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial 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
liability arising from the work, Services, Projector operations performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work,
Services. Project or operations; 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. Commercial General Liability insurance coverage may be provided in
the form of an endorsement to the Consultant's insurance (at lease as broad as ISO Form
CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if
later revisions are used).
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(B) Waiver of Subrogation. Consultant hereby grants to City a
waiver of any right to subrogation which any insurer of said Consultant may acquire against
the City by virtue of the payment of any loss under said insurance policies set forth herein.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has received a
waiver of subrogation endorsement from the insurer.
(C) 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 with written notice by certified mail, return receipt requested 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 provided to the City, its directors,
officials, officers, employees, agents and volunteers.
3.2.10.5 Primary Coverage., For any claims related to this
Agreement, the Consultant's insurance coverage shall be primary insurance and primary
coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors,
officials, officers, employees, agents and volunteers. 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
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3.2.10.6 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.
3.2.10.7 Deductibles and Self -Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. City may
require Consultant to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self-insured retention may be satisfied by
either the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in
California, and satisfactory to the City.
3.2.10.9 Verification of Coverage. Consultant shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
of the applicable policy language effective coverage required by this provision) and a copy of
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under
this Agreement shall not waive the Consultant's obligation to provide them to the City. The
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City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made Policies. If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Consultant
must purchase extended reporting coverage for a minimum of five (5) years after completion
of the Services under this Agreement.
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 protectionandlife-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.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit °B" attached hereto and incorporated herein by reference. The total
compensation shall not exceed One Million Nine Hundred Forty -Eight Thousand Five
Hundred Dollars and 00/100 ($1,948,500.00) without written approval of the City. Extra
Work may be authorized, as described below, and if authorized, said Extra Work will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment 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.
3.3.3 Reimbursement for EKpgnses. 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, but
which 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 the City Manager.
3.3.5 Prevailing Wages. Pursuant to Downey Municipal Code Section 2935, the
requirements of California Labor Code Sections 1720 et seg. 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, shall apply to the Project.
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide
Consultant with a copy of the prevailing rates of per them wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of
per them 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. 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.
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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. Consultant shall allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time either for cause or
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for the City's convenience and without cause 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. 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, and Consultant shall be entitled to no further
compensation. 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 Dataandother 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 Deliver r! 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:
Edenco, Inc.
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2906 La Ventana
San Clemente, California 92672
Phone: (949) 874-9170
Attn: Walter Eden, President
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-6388
Attn: City Manager
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, 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..
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3.5.3.1 Documents & Data- Licensin of Intellectual Pro ert 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.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
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information, and other Documents and Data either created by or provided to Consultant' in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is
generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation: 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.
3.5.5 Attorney'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.
3.5.6 Indemnification.
3.5.6.1 General Indemnification.- Except as provided in subdivision
3.5.6.2 below which is applicable to "design professionals" only, 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 Projector this Agreement, including without limitation the payment of all
consequential damages and 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 therewith 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
It
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.
3.5.6.2 Design Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the
meaning of California Civil Code section 2782.8(c). If Consultant is" a "design professional "
within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to
the fullest extent permitted by (including, without limitation, Civil Code sections 2782 and
2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City),
indemnify and hold harmless City and City's officers, officials, employees, volunteers and
agents from and against any Claim that arises out of, pertains to, or relates to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant,_ subcontractor or any other person directly or indirectly
employed by them, or any person that any of them control, arising out of Consultant's
performance of any task or service for or on behalf of City under this Agreement. Such
obligations to defend, hold harmless and indemnify City or any City officers, officials,
employees or volunteers shall not apply to the extent that such Claims are caused in part by
the sole active negligence or willful misconduct of City or such City officers, officials,
employees, volunteers and agents. Consultant's cost to defend City and/or City's officers,
officials, employees or volunteers against any such Claim shall not exceed Consultant's
proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code
section 2782.8(a), in the event that one or more defendants is unable to pay its share of
defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and
confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the
extent Consultant has a duty to indemnify City or any City officers, officials, employees,
volunteers and/or agents under this subdivision 3.5.6.2, Consultant shall be responsible for
all incidental and consequential damages resulting directly or indirectly, in whole or in part,
from Consultant's negligence, recklessness or willful misconduct.
3.5.7 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.
3.5.8 Governin Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County,
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 :'ty's Ri `ht to Empipy Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
12
3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the 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 or transfer.
3.5.13 Construction; References; 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 workdays. 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.
3.5.14 Amendment-, Modification`. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenantor 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.
3.5.16 No Third Paqy Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability. if any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or making of this
Agreement. 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.
R
3.5.19 Eaual Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Consultant shall also comply with all relevant provisions of any City
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that
it is aware of the provisions of Section3700of 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.
3.5.21 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.
3.5.22 Counterparts. This -Agreement may be executed in counterparts, each of
which shall constitute one and the same instrument.
3.5.23 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.
3.6.1 Friar Approval Required'. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Consultant shall require and verify that all subcontractors maintain
insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure
that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures are on the next page]
14
CITY OF r•
and charter city
By: By:
Sean Ashton, Mayor
in
EDENCOINC,
Maria Alicia Duarte, CIVIC, City Clerk Secretary
Approved as to Form:
a4a
e to M. Abich Garcia, City Attorney
123859
15
CITY OF DOWNEY, EDENCOINC,
a California municipal corporation a California Corporation
and charter city
By: By:
Sean Ashton, Mayor Walter Ed
Its:
lterIts:
President
Maria
► Duarte, CIVIC, City Clerk Secretary
Approved as to Form: Approved as to Form:
Yvette M. Abich Garcia, City Attorney Legal Counsel
123859
ng
EXHIBIT "A"
SUBMITTED TO:
City Manager's Office
Measure ^S^Program &
Project Management Services
City ofDowney
Attention: John {>nkoui
11111Brookshire Avenue
Downey, CA90241
SUBMITTED BY:
Edenuo, Inc
2906 La Ventana
San Clemente, CA92672
SUBMITTAL DATE:
May 3'2018
meASU!tt #,#S#,,
&a WW& %iO4
A 4P
[a C ON%*
�4yofbowne
eC*n@@Hffl@
CONSTRUCTION MANAGEMENT
Mr. John [bkouiAssistant City Manager
City ofDowney
Measure ^G^Program & Project Management Services
11111 Brookshire Avenue
Downey, CA 90241
RE: Request for Proposals (RFP) City of Downey Program & Project Management Services
Dear Mr. Oskoui:
EdmncqInc. (E6enco)appreciatmsfhe opportunityto submit our Proposal tothe CityofDowney ([hy)uoprovide Program
and Project Management services for the successful delivery of the projects noted in its Measure "S" Program. We see
this a
t�i s nexcellent investment that will benefit the City and greatly enhance the quality and enjoyment oflife
for its citizens inthe years tocome.
As president of Edenco, I am a licensed California architect and have over 30 years of professional Program and Project
Management experience in both the private and, for the past 20 years, public sector with e cumulative construction
value in excess of $800 million. Our project team includes the following members with decades of project management
experience to ensure that the Measure "S" projects are all completed on schedule and within the projects' budgets.
Mr. Birjandi, our senior Project Manager, is a licensed civil engineer with over 20 years of experience managing public
projects. Mr. Gulliver has been a California licensed architectfor morethan 30 years and is LEEDAP and NCARB accredited;
hewill serve asEdenco'slead constructibi|ity agent tuensure that the construction documents are well coordinated and
complete. Mr. Vadasz is an experienced Project Manager specializing in program controls and documentation.
Edenco utilizes a unique Value -Added benefit for the City, which is not commonly found in the Program & Project
Management industry. We pride ourselves on being a nimble owner/operator firm. I shall be actively engaged with all
daily aspects of the program; commencing with the design' through completion of the construction documents' and
throughout the bid and award process. Additionally, I shall be onsite on a daily basis, personally monitoring the day-to-
dayconstructionre|ate6iyuues.Throughouttheyearsofprognamandpnojectmanagementvvehavefoun6t6otmydai|y
involvement with the projects greatly reduces the unforeseen and coordination issues that are typically left unresolved.
The inability to resolve these issues in a timely manner historically metastasize into large change orders and project
delays. Edenco's owner/operator, 100% accountability, and project ownership ensures that costly delays and change
orders are minimized.
VVehave reviewed the City's standard form nfagreement and acknowledge our acceptance ofall terms and conditions.
We affirm our ability to comply with all insurance requirements.
Thank you for your consideration of Edenco's Proposal. We look forward to the opportunity to speak personally with
the City todescribe how weintend to provide enhanced value tothe City onthe successful completion ofthe
Measure ^S''Program.
Walt Eden
Oki
A. Executive Summary ....................................................................................1
B. Table of Contents ...................................................................................... 2
C. Identification of the Proposer ................................... 3
D. Staffing Resources.........................................................................................,,..,..4
E. Experience and Technical Competence: General Experience ........................ 6
F. Experience and Technical Competence: Project Specific Experience........... 8
G. Litigation.............................................................................................................10
H. Appendices ........ .......... _....,.................................. ,.,........,......,., ...........11
Non -Collusion Affidavit ............................... .15
Certification of Request for Proposal................................................................16
PROPOSAL FOR CITY OF DOWNEY MEASURE "S"
42"91@@flM(BPROGRAM & PROJECT MANAGEMENT SERVICES
CONSTRUCTION MANAGEMENT 2 MAY 2018
EDENCO, INC.
2906LaVentana
San Clemente, CA9267?
WALT EDEN
President
Edel|nc
2906LaVentana
San Clemente, CA92672
www.edencoinccom
wsedan@edencoinc.com
(949)874'917O
111 6-0.1 31111111111111
Performing Arts Center Lobby
KATELLA HIGH SCHOOL
Administration Building
PROPOSAL FOR CITY OF DOWNEY MEASURE "S"
GCw(1@@Hffl@ PROGRAM & PROJECT MANAGEMENT SERVICES
CONSTRUCTION MANAGEMENT 3 MAY 2018
FIRM STAFFING AND KEY PERSONNEL
Edenco proposes a team of talented design, program and construction professionals to lead the City of Downey's
Measure "S" Program. We created the following team especially for the City of Downey to bring not only our depth
of over 20 years of PM/CM public work experience, but also our experience in managing programs similar to the
Measure "S" Program. In addition to the Downey program team, we utilize the resources of over ten additional
professionals. Resumes of our key program members are noted below and on the following page.
i
Mr. Eden is a California licensed Architect and an experienced program and construction manager with more than 30
years in the industry, including 20 years of private and public works program management and 15 years operating as
Edenco, Inc. He brings a comprehensive understanding of public work design and construction to the team.
City of Downey - Downey, CA
Mr. Eden has been the City of Downey's Owner's Representative for the last four years managing the City's following
capital improvement projects: Rio Hondo Gold and Country Club Renovation (flooring, lighting, painting), Downey
Theatre HVAC Renovation Project, Downey Theatre ADA Restroom Renovation, Civic Center Re -Roofing Project (City
Hall, Theatre &Police Department).
Capistrano Unified School District, Capital Improvements -
San Juan Capistrano, CA
Program / Project Manager for Capistrano Unified School
District's $30MM capital improvement program. Capistrano
Valley High School's Performing Arts Center (30,000 s.f., 450 -seat
theater), San Juan Hills High School (Aquatic Center), San Juan
Hill (stadium and home bleachers), and Newhart Intermediate
School (multi-purpose room).
Anaheim Union High School District -Anaheim, CA
Senior Project Manager for the $256MM Measure °Z Bond
Program, which included the new construction of 750 -seat
Performing Arts Center, 3 highschool practice gyms, 2 high
school and junior high science buildings, 30 -classroom building;
with administrative space, 49 classrooms and science labs,
250,000 s.f. of site improvements, 8 basketball courts, and 2
regulation softball fields.
University of California, Los Angeles (UCLA), Hedrick Summit RegisteredArchitect, Arizona (21347)
(Residence Hall) - Los Angeles, CA
Construction Manager for a new $45MM, 200,000 s.f., 9 -story, 511 room (755 beds) residential student dormitory,
including three faculty apartments, 16 lounges, laundry room, multi-purpose room, entrance lobby, trash room, two
9 -stop traction elevators and three exit stair towers. Type 1 construction, R-1 Occupancy, 9 stories above grade, plus
mechanical penthouse.
Hacienda La Puente USD Measure "A" Bond Program - City of Industry, CA
Mr. Eden was the Senior Project Manager for the District's $150MM modernization program, which included 33
schools; five high schools, six middle schools, and 22 elementary schools.
Santa Ana USD Measure "C" Bond Program - Santa Ana, CA
Mr. Eden was the Senior Project Manager for the District's $400MM capital improvement program. Work included
the new construction, renovation, and modernization of 3 new high schools, 1 new intermediate school, 1 1
elementary schools, 4 additions, and 10 modernizations..
Los Angeles USD New Facilities Bond Program - Los Angeles, CA
Mr. Eden was the Program Lead of a multi -disciplinary team of consultants (architect, structural, civil, mechanical,
electrical, and plumbing engineers) tasked with the interdisciplinary constructibility review of 159 projects with a
valuation of $2.6 billion.
PROPOSAL FOR CITY OF DONEY MEASURE"S"
41 Dell PROGRAM & PROJECT MANAGEMENT SERVICES
CONSTRUCTION MANAGEMENT 4 MAY 2018
Mr. Birjandi is an experienced project and construction manager with more than 22 years in the industry. He brings
key experience inArchitectural design'managementchangenegotiationy'c|aimsmhiQadonandva|ueengineehng.
Another Perspective ' Senior Project Manager
Pre -construction services, project oversight, and business
development with expertise onmanaging public works and
school district construction projects. Recent projects are Kern
Community College ($4.5K8M)'Palm Springs USD ($3K8K8)'Proud
Bird Restaurant ($9KHKH)'and Cerro Cos College ($8.5K8M)
P.KA.Solutions, Inc. inassociation with Delta Engineers, Inc. -
Principal Director
Pre -construction services, project dose'out;design systems
toensure accountability and improve processes for reporting
requirements, labor & material costs.
GK8C Construction Co. - Senior Project Manager
Construction program for Pierce College, Ventura County Community College District ($20MM)
PCK03,Inc. - Senior Construction Manager
Led the Southern California Division with up to fifteen projects simultaneously. Hermosa Beach City School District
($18MM)and Santa Ana Unified School District ($45K8M).
Mr. Gulliver iyanexperienced project manager with more
than 3Oyears inthe industry. Hebrings acomprehensive
understanding ofdesign through construction management 6o
the team.
Architects Orange -Project Manager
Developed and coordinated international retail formats for
projects inChina and Canada with afocus onsite planning,
code compliance, building analysis and conytructib||ity. Local
projects included the successful "fast-track"management ofSimi
Valley Town Center Mall renovation ($14KXM)and retail formats
in Michigan and Virginia.
yWcVadasz isavaluable asset toour team with over 5years of
experience supporting all aspects ofpublic works projects. He
brings acomprehensive understanding ofwork-site safety and
Procore adoption tothe team.
Landmark Construction-ProjectManager
Developed RF|sand worked through design issues with
archhectmengineers'submittal review and coordination,
general contract and subcontract administration, scheduling,
maintenance ofas-built drawings, site -safety monitor, means
and methods assessment, quality control, and project closeout.
Recent projects are Bays6oreTK-8($3OMM)'Robertson Interim
Housing ($1K4M)'Sierra Vista K'8 Multi -Purpose ($5.2KXK8)'Glen
Edwards Middle School ($22KXM)
Edenco shall retain another prospective company for scheduling and estimating.
PROPOSAL FOR CITY OF DOWNEY MEASURE "S"
L4C*i1@@flfflg PROGRAM & PROJECT MANAGEMENT SERVICES
CONSTRUCTION MANAGEMENT 5 MAY 2018
EDENCO|N THE PUBLIC SECTOR PROGRAM & PROJECT MANAGEMENT
Edenco has been actively engaged in the Program and Project Management of large public sector and educational
programs and projects in Southern California for over 15 years. The most notable have been:
w Santa Ana Unified School District's Measure ^C"Bond ($4UUK8M)
• University of California, Los Angeles - Hedrick Summit Residence Hall ($45MM)
• Anaheim Union High School District's Measure "Z^Bond ($256K4M)
• Capistrano Unified School District's Capital Projects ($3UK8K8)
• Laguna Beach Unified School District's Capital Projects ($G0M)
° Hacienda LaPuente Unified School District's Measure "A!'($1GOMM)
• Ocean View Unified School District's Capital Projects ($SK8K4)
• Charter Oak Unified School District's Aquatic Center ($8MyN)
• Los Angeles Unified School District's New Facilities Bond Program ($2.613)
SAN JUAN HILLS HIGH SCHOOL
Performing Arts Center
_
"The Anaheim Union High School District has qreatly benefited from
Mr. Eden's management and hands-on approach to the numerous
modernization and new construction projects he has helped to
KATELLA HIGH SCHOOL
complete an time, and under budget, during the past fouryears."
Administration Building
AUHSD Board President (Retired)
PROPOSAL FOR CITY OF DOWNEY MEASURE "S"
eDen@@flffl@
PROGRAM & PROJECT MANAGEMENT SERVICES
CONSTRUCTION
MANAGEMENT 6
MAY 2018
Measure "Z" Bond
Lance Bidnick
Director ofMaintenance &Operations
Anaheim Union High School District
501 Crescent Way
Anaheim, CA 92803
(714)448'91S8
bidnick]@auhud.us
Measure "C" Bond
Margaret Brown
Director ofFacilities
Garden Grove Unified School District
8211 LampsonAxenue
Garden Grove, CA 92841
(714)663'6442
Email: mbrown@ggusd.uy
Capital Projects
Clark Hampton
Deputy Superintendent, Business & Support Services
Capistrano Unified School District
33122Valle Road
San Juan Capistrano, CA 92675
(949)234'9211
Email: cdhampton@capous6.org
Practice Gym
Science Building
SAN JUAN HILLS HIGH SCHOOL
Performing Arts Center
-�_
PROPOSAL FOR CITY 0FDOYvNEYMEASURE "S"
ecwll@@n� PROGRAM & PROJECT MANAGEMENT SERVICES
CONSTRUCTION MANAGEMENT 7 MAY 2018
Edenco has thoroughly reviewed the City of Downey's Measure "S" program background/description which delineated
the improvements and renovations to the City's 9 Parks, 4 Fire Stations, Police Station, Main Library and numerous
additional civic facilities. We concluded that the City's Measure "S" Program is a complex assignment, due to the
multiple and diverse use projects that must be designed and constructed concurrently to ensure completion within 4
years. Edenco's professional program and project management experience in the public sector shall clearly provide
the "Value Added" and essential component that the City requires for its successful completion of ALL Measure "S"
projects. We utilize numerous proprietary tools; Design Assist Submittal Log, Design Assist Punch Lists, Warranty Quick
Call Sheet, and employ contemporaneous verbal and written communication throughout the project to maintain the
City's clear design and construction directive. The following two programs provide specific narratives confirming the
benefits to an Edenco managed program.
Edenco's three year Program and Project Management of Capistrano Unified School District's $30MM capital
improvements, which included a 30,000 s.f., state of the art 450 -seat theatre, as well as an Olympic -sized pool and
C.I.F. sanctioned Aquatic Center reflects our commitment to contemporaneous written communication regarding;
Requests for Information, Submittals, and Pending Change Orders. Edenco's employment of its Design Assist
Submittal Log eliminated the contractor's failure to obtain the Architect's approval on critical long -lead and
specialty items. All long -lead theatrical and aquatic specialty items were procured in a timely manner and installed
in accordance with the project's CPM Schedule, ensuring an on time completion of both projects. Edenco managed
the RFI process which required daily diligence to ensure that the contractor's questions were specific and supported
with contract documentation. Additionally, Edenco assisted the Architects with their prompt and complete responses
to all contractor submitted RFI's.
PROGRAM & PROJECT MANAGER - ANAHEIM UNIFIED HIGHL DISTRICT
_
During Edenco's four year Program and
Project Management assignment at Anaheim
Union High School District's $256MM
Measure "Z" Bond, we were tasked with the
management of numerous projects with
concurrent design, construction and close-
out schedules. In order to manage the large
volume of written communication for the ...e`
numerous projects at Anaheim Union High
School District, we utilized a web -based IT
project controls software, similar to Downey's�
selected web -based management software
Procore. To ensure contract compliance and
the City's acceptance, Edenco shall utilize
its proactive and specific documentation,
approach with ourDesignAssistPunchListsfor 1111P, �1! �r!f�
punch list origination and 100% completion.
Edenco's specific documentation approach
employs both keynoted drawings, as well as WARRANTY QUICK CALL SHEET
itemized deficiency spreadsheets to capture
all corrective items on the Punch List. Upon corrective contractor completion, the Architect shall approve and accept
the work.To assistthe City's Maintenance and Operations Department with the projects numerous warranties, Edenco
has developed its Warranty Quick Call Sheet to provide an all inclusive list, project by project, of warrantable items,
warranty terms/duration, and manufacture's contact information.
Edenco intends to manage Downey's Measure "S" Program with the above noted, tried and true management tools,
to ensure that ALL of Downey's Measure "S" projects are delivered ON TIME AND ON BUDGET!
u
f
{
e
DESIGN ASSIST PUNCH LISTS
-`BGt�C PROPOSAL FOR CITY OF DOWNEY MEASURE "S
PROGRAM & PROJECT MANAGEMENT SERVICES
CONSTRUCTION MANAGEMENT 9 MAY 2018
We are proud • state that Edenco, ptional• of on-time, on -budget, :.
gation current or threatened that will
r'lly-am Waif 11111119,01 MR*
PROPOSAL FOR CITY OF DOWNEY MEASURE "S"
Lb Ce iN@@flM@ PROGRAM & PROJECT MANAGEMENT SERVICES
CONSTRUCTION MANAGEMENT 10 MAY 2018
H. APPENDICES
EDENCO VALUE-ADDED METHODOLOGY FOR SUCCESS
Edenco's value-added methodology through the 4 critical construction phases (Design, Bid and Award, Construction,
and Project Closeout &Commissioning phases) have been established and confirmed with over 20 years of successful
program management topublic entities.
1. DESIGN PHASE SERVICES
During the design phase, our team confers with the City's staff concerning specific project goals relative toproject
scope, project budget, project schedule, design concepts, and quality as a basis for formulating detailed development
plans. One of the main objectives during this period is to confirm budgets and prepare a preliminary "Critical Path
Method" development schedule forthe project. Ourteam also assiststhe design team with the evaluation of proposed
systems, equipment and materials, and advises on alternatives to optimize cost effectiveness, quality standards, and
system life cycle costs and benefits (value engineering).
Constructibi|ity Review
The construction contract documents area binding instrument between an Owner and Contractor, and as such, must be
as a ccu rate as possible to protect the interests of both parties. Change orders due to design conflicts and discrepancies
in construction documents are costly and ultimately disrupt the construction progress. Good interdisciplinary and
construc,i6i\hy reviews prior to award of construction will realize a reduction in change orders and will save time
and will increase the ability to deliver the project within budget. The ideal time to mitigate design conflicts is in the
pre -construction phase prior tmbid. ConstmmctibilitvmeWews are critical mmschedule control, cost control, and claims
avoidance. Our team members are able to review systems and details, serving as a "second set of eyes" to ensure that
the drawings and specifications put out to bid are complete, constructible, and ofthe highest quality.
Project Schedule
For management nfseveral major projects simultaneously under construction, as requested for Measure ^S'", it is
essential to develop both a summary and a detailed schedule approach for time management control. Summary
schedules inform and update senior management' vv6i|e detailed construction schedules provide the day-to-day
operational tools for time management. Our team develops the control systems to manage design and construction.
The project master schedule is the controlling document and the basic tool for measuring performance against plan. It
integrates all essential events current and projected and identifies tasks, responsibilities, milestones, and phases of
major actions for each participant. We require cost and manpower loading of schedules to ensure we have the tools to
accurately manage the job's progress. We develop Master Project Schedu(*s, review the contractor's schedules, and
perform weekly schedule audits and CPM monthly update reviews to enable us to maintain control.
Estimating and Cost Control
Typical cost estimating assignments are static reporting functions as a snapshot of a particulartime in a project, usually
at specific milestones, such as; at completion of schematic design, design development, and construction documents.
Edenco cost management services are dynamic and on-going. Edenco manages estimating and cost control through a
detailed understanding up front of the project scope, schedule, and budget. Costtargets are developed with the team
that identify the drivers and make up of what is to be included in the project and design. Edenco works continuously
with the City and project team to prepare detailed cost plans, and continuously monitors and updates the cost plan
through all design phases. Problems and issues are identified quickly and solutions are submitted to the project
team for decisions in order to keep the project moving forward. Edenco's proactive cost management approach to
providing cost estimates ensures that the City gets the most scope for their Measure "S" dollar and accurate pricing
based upon our local market analysis.
Document Management
The use of project management software has become an industry standard in the execution ofcomplex projects. A
component of such software is the ability to electronically manage project documents including, but not limited to,
incoming and outgoing correspondence, requests for clarification, requests for information, and submittals. In today's
environment, web -based document access is the norm and all design documents, including plans, are made available
to team members via the Internet. Our team is proficient in the setup and use of the City of Downey's designated
OIL
H. APPENDICES
'
system,Procome. During the construction administration phase ofaproject, document control isacritical element in
the expediting of project data to facilitate on-time project delivery. The use of project management software allows
the Design Team to quickly respond to requests for clarification or information, monitor contractor submittal response
status, transmit data toteam members, and effectively manage the flow o{incoming and outgoing documents to
multiple entities. Utilizing Procome will enable us to proactively control cost' schedule, and quality, and keep the
City apprised of all project activities. Our team will be responsible for the development and implementation of the
Document Control plan inaccordance with the requirements of the program and in concert with the district's internal
systems.
Pre -Bid Conferences
Edenco will require and schedule job walks with a structured pre-bid conference memorialized with minutes that will
be distributed to all attendees via email and included in the first following addendum. We will prepare and distribute
the pre-bid agenda handout with the bidder's clarification sheets attached to the Requestfor Information. Each bidder
must sign the sign -in sheet acknowledging their attendance and receipt of handouts from the pre-bid conference.
Responses toBidder Inquiries
Questions regarding plans and specifications will be answered by the Architect. Edenco will track the process of timely
responses toeach and every inquiry either immediately or no later than 72 hours prior to the bid date. We will track
the issue to ensure it is incorporated into an addendum item by the Architect as required. All questions and responses
will be in writing and no verbal communications regarding the plans, specifications, 6i6 6ocuments, and contract
documents will be permitted on any project. All inquiries will be forwarded to ALL bidders via a formal Addendum to
ensure continuity inall clarifications orscope changes.
Bid Evaluation and Review
Edenco will prepare a bid summary tabulation sheet and conduct the Bid Opening with the Architect. VVewill carefully
review each bidders sealed bid package for the qualifying date and time stamp and administrative requirements for
conformance and required signatures. Edenco will prepare a Bid Abstract Matrix and input base bid, alternate bid
items, and/or unit price items to determine lowest pricing by Bidder. Edenco will conduct a post -bid interview with
each potential low bidder and verify all requirements of the construction documents then make a recommendation
of award to the City of Downey.
Prior to mobilization and actually commencing construction, the confracfor(s) would, have attended the pre-
construction
n*conatrucdon meeting with the entire Project team; have submitted and received approval for the Project Specific
Safety Plan; initiated the approved SVVPPPs plan, schedule of values, Subcontractor insurance certificates including
any required endorsements, waivers and other required coverage information; and installed the minimum required
temporary facilities, barricades' railing, notices/signage toestablish safe path of travel.
CPM Schedule Maintenance
E6onco will review the Contractor(s) CPM schedule for structural conformance with the contract documents and
will verify that all major Subcontractors have participated and eAnea that the Contractor's preliminary and baseline
[PK4 schedules are a accurate representation for the work activities as it relates to duration and sequence of their
individual scopes of work perthe general and supplemental conditions of the contract documents. The CPM schedule
shall be updated monthly per the construction documents. The updated CPM schedule shall be accompanied
by a Contector(s)App|icmdon for Payment for each period of performance. The updated CPM schedule shall be
accompanied by a comprehensive narrative and either Claim Digger reports or a matrix describing all changes made
tothe structure and logic ofthe schedule.
11 /,�_ PROPOSAL FOR CITY OF DOWNEY MEASURE "S"
k" PROGRAM & PROJECT MANAGEMENT SERVICES
L6 IN 91 \'--/ @0 2
CONSTRUCTION MANAGEMENT 12 MAY 2018
H. APPENDICES
Budget Control and Maintenance
Edenco will ensure that the contract requires the CPM schedule to represent the CSI code format for each trackable
schedule activity. The Contractor(s) Schedule of Values (SOV) will include every schedule activity to form the
Contractor(s) Application for Payment and at a minimum be a stand-alone cost loading reference. All budget tracking
mechanisms, including the Budgetvs. Actual Construction Costs spreadsheetwill be updated monthly and will include
all change orders and other additional information required by the City of Downey. Edenco will provide final project
cost information at the completion of each project to assist the City of Downey to either add or deduct priorities set
forth during the needs assessment, Measure ^S^Bond priorities.
Schedule mfValues
The submittal of the Schedule of Values (SOV) by the contractor will follow the same process as the baseline schedule,
prior to issuance of the Notice to Proceed by the City. Edenco will critically review the SOV to safeguard that the
contractor has not been allowed tofront load the project financially. Asthe City's representative, vvewill review, and if
all corrections/changes are included, approve the SOV. Once the SOV isapproved, the contractor will utilize the SOV
throughout the project and submit process payments with an updated schedule and pay application monthly.
Document Control
Edenco will develop and implement a project specific management manual with specific requirements for all project
document processing and cross referencing including, but not limited to, correspondence, email, submittals, requests
for information (RFls) , and contractor daily construction reports through Procore.
Shop Drawings and Submittals
The submittal and shop drawing process is one of the most vital functions of the construction phase. E6enco will
prepare, update, and distribute the submittal log weekly for discussion at the weekly meetings. At the beginning of
the project, we will discuss the importance of finalizing all submittals in the weekly meetings and to expedite all critical
items. Once approved, we will request each prime contractor to track and update the schedules with fabrication and
delivery dates toensure compliance with the construction schedule.
To ensure the contractor's prompt issuance of the project's salient submittals, Edenco has developed and implements
its proprietary Design Assist Submittal Loq Procedure. This procedure provides the design team specific guidance
with its preparation of the required submittals for the project. Additionally, it provides the contractor with direction
regarding deadlines and completion dates of the required submittal packages. Edenco's Design Assist Submittal Log
Procedure ensures that all required essential submittals are submitted by the contractor in a timely manner to the
design team for their review and approval, which ensures the contractor's prompt material procurement and project
installation. This procedure eliminates unacceptable project delays due to missed submittals.
Administration mfthe Construction Contracts
As project managers, we do not provide supervision per se, we provide management, coordination and execution
throughout the project. Our contract with the City of Downey will be to ensure that all contractors comply with the
general, supplemental, and special conditions of the contractand the Inspector of Record will verify orissue a correction
notice if the contractor does not comply with Divisions 1-33 of the CSI code. We will manage and coordinate the entire
team and work closely with the Architect to ensure submittals, requests for information' and changes are reviewed,
answered and/or approved in a timely manner to notjeoparclize any major construction activities.
Change Order Review
Edenco will prepare a Change Order Proposal (COP)form for use bythe contractor and itwill include all subcontractor
change costs to be transferred to the Master Change Orderform by the contractor. Change orders will be required to
define the CSI code for each work item, labor, material, equipment, subcontractor, and other categories with OH/Fee
and other markups atthe bottom.
PROPOSAL FOR CITY OF DOWNEY MEASURE "S"
LJ Dell PROGRAM & PROJECT MANAGEMENT SERVICES
CONSTRUCTION MANAGEMENT 13 MAY 2018
H. APPENDICES
Closeout must start as early as possible. kiscommon for closeout 6mtake at least 60days after substantial completion
on most projects. Most contractors have atough time getting all their subcontractors to comply with the closeout
documents, therefore early commencement on our part to coordinate this process with the contractors iscritical.
The Program's CPM Master Schedule, developed and diligently managed by E6encothroughout the project's
duration, clearly identifies the dates and duration of the project Closeout and Commissioning Phase. Utilizing the CPM
Master Schedule, Edenco shall coordinate all closeout activities to minimize the disruption to the City's personnel and
employees.
The successful completion of all projects require the strict adherence of obtaining the below listed critical historical
and project records from the contractor prior the City's acceptance of the building and release of the contractor's final
retention. Edenco has developed and steadfastly manages a system of document controls that ensures the timely and
complete receipt ofthe following critical closeout documents:
m Punch Lists (1O0%Completed and approved bvthe Architect)
• City Personnel training
• As -Built Documents (Hard copy and electronic version)
• Warranties ("Quick Call" Document)
Punch Lists
Prior to final completion, the contractor will request all final inspections, perform a preliminary punch list, and then
request the Architect to prepare the final punch list. A final punch list will be issued to all contractors prior to the City
occupancy of the premises, ensuring photos and written documentation are in place regarding all incomplete or
corrective punch list items that still need to be completed per the construction documents. Once each contractor
corrects all outstanding items and the Architect approves the items, the City through Edenco will sign off and approve
the building for occupancy.
City Personnel Training
Training' especially for the City's maintenance and operations department will occur after final testing and
commissioning of systems are completed and accepted. E6enco will schedule training sessions with each major
contractor, secuhty, o|evatm,s, fine protection' plumbing, mechanical and electrical contractors and manufacturer's
representatives with the City's M&O personnel prior to move in. Items discussed will be safety of all systems, including
emergency shutdowns, operations and warranty manuals with contact information for an as needed basis and tune
upn.
As -Built Documents
The As'8ui|tsand the final record set will be updated by each contractor with all the As -Built conditions of the project.
The final As-Builts will be reviewed by Edenco and the Architect and upon approval transmitted to the City. The City's
M&O department will have these documents available for use as needed and for future modernizations, remodels or
new construction projects.
Warranties
In addition to the typical closeout requirements, Edenco will gather and review with the Architect all the warranties
and guarantees required perthe construction documents. All warranties, manuals, and contact information will be put
on disks and binders with all product and contact information for use by the City and the M&O department.
Over the past 30 years of experience, Edenco has developed a proprietary, efficient and time saving Warranty Quick
Cali document that summarizes ALL warrantable building systems and elements. The Warranty Quick Call document
provides a singular document in which all pertinent product data is noted in one location. The document categorizes
all warranted items per C5| nomenclature, date of acceptance' length of vvarranty, conclusion date of warranty,
warrantable company, company's contact person and phone number. The Warranty Quick Call document resides in
hard copy on-site of the subject building. An additional electronic copy is included with the buildings formal closeout
� • � i i 'li
State of California
County of Orange
Eden being duly sworn,deposes • says that he or
4W is 5ident of Edenco, Inc.
` •.rty makinithe foregoing bid that the- proposal is not.r- in the interest• or on behalfof, any
undisclosed f' i i partnership,company, organization, of • i• f ,.: the proposal is
genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any
other Proposerto put in a falseF':shamproposal, •..has not directly or icolluded,conspired,
connived, iI agreedwith any Proposeror •n to put in a shamproposal, orthat anyone
refrain from proposing; that the Proposer has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any
other Proposer,OF • fixany overhead, f : i or i element of ` proposal • ` or of other
Proposer, or to secure any advantage against the public body awarding the contract of anyone interested
in the proposed contract; that all statements contained in the proposal are true; and, further, that the
Proposer • directly or isubmitted hisproposal priceor breakdown ' • or
contents:- i or divulged information or datarelative thereto, or paid,andwill notpay, any fee to
any
corporation, partnership, company r i organization, proposaldepository,or iany memberor
agent thereof to effectuate a collusive or sham proposal.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true
and cr
Signature
Walter Eden
.- or print
05/0//201
Date
notary public or other officer Completing is
certificate verifies only the identity of this individual
who signed the document to which this certificate is
attached anti not the truthhtinm, acquracy, or
validityof that documer 1.
Subscribed and sworn to (oraffirmed) before me on this I day of 20 I , by
r c --�� � proved to a on the basis of satisfactory vidence to be the person( )
who appeared before me,;
.. (seal)
Signature, Notary Public
J S PATEL
My Commission xires: l 2 > ti Comm # 2207627
e a NOTARYPUBLIC- CALIFORNIA
F*" ORANGE COUNTY
n Pti comm EzP AUG 25 2021
Request for Proposals (RFP)Program and Project Management Services 15
I cer* that I have read the attached Request for Proposal for Program and Project
Management services. I further certify that I have submitted one (1) unbound original and six (6) bound
copies and one (1) CD of the firm's Proposal in response to this request and that I am authorized to bind
the firm to the proposal submitted.
Signatu e
Waiter Eden
Typed or Printed Name
President
Title
Edenco, Inc.
Company
2906 La Ventana
San Clemente, CA 92672
Address
05/02/2018
Date
(949) 874-9170
Telephone
N/A
Fax
20-1702042
-MON M—.1 iniO fill 11 IM
If the Proposer is a corporation, please
provide the corporate seal here:
Requestfor Proposals (RFP)Program and Project Management Services 16
;r �
COST AND PRICE SUMMARY Rev 05/ 7 41,20 1 B
VVepropose the following hourly rates for each ofthe positions below. These rates will remain ineffect until
December 31'2O2Uand include:
wWages and employee benefits
• Insurance (Ganena[Automobile, Statutory Workers Compensation, Professional/Errors and Omissions)
• Automobile expense and other transportation costs to/from the District office and/or sites
• Computer/|aptop,fax machine, mobile phone
• Typical office supplies and/or expenses associated with doing business
• Reimbursables will be billed at a 10% surcharge in addition to actual cost
Total current hard construction costs (excluding esodation):
Based onthe City nfDowmey's Measure ^3^Program and
Project Management Request for Proposal
EdencoProposal toprovide Program & Project Management
service 10the City ofDowney (per Request for Prnposa|): 4,5%
—'�;clenco Proposal Amount: $1,948,50*
-
PROPOSAL FOR CITY OF DOWNEY MEASURE "S"
etwn@@nm@ PROGRAM & PROJECT MANAGEMENT SERVICES
CONSTRUCTION MANAGEMENT MAY 2018