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HomeMy WebLinkAbout12. Approve PSA w-Hushmand Associates, Inc for Geotechnical Eng Svcs at Fire Stations, Library & Theater111rAURV TO .- HONORABLE MAYOR AND MEMBERS OF THE CITY couNcILAPPROVED BY FROM: OFFICE OF THE CITY MANAGER CITY MANAGER BY: •; OSKOUI, P.E., ASSISTANT CITY MANAGER RECOMMENDATION That the City Council: 1. Approve Professional Services Agreement with Hushmand Associates, Inc. (HAI) 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. Downey voters approved the Measure S sales tax in 2016, to improve local services and infrastructure including public safety services, parks, and city buildings and facilities. Approximately 50% of the revenue from Measure S will be used to fund public infrastructure improvements. As part of the Measure S Infrastructure Improvement Program, the City's four fire stations as well as the City's Library and Theater buildings will be renovated and modernized. These projects are currently in the design phase. In order to complete this phase of the program, services of a Geotechnical Engineering firm is necessary. On August 15, 2018, the City issued a Request for Proposals (RFP) for On —Call Geotechnical Engineering Services for six sites (City's four fire stations, City Library and City Theatre). In response to the RFP, two Geotechnical Engineering firms, Ninyo & Moore and Hushmand Associates , Inc. (HAI) submitted proposals. The third firm, NMG Geotechnical, Inc. declined to submit a proposal. Based on a review of the proposals submitted by Ninyo & Moore and HAI, it has been determined that HAI has the qualifications and experience to complete the necessary work as outlined in the RFP. Below is a summary of the proposed fees by the two aforementioned firms. Hushamnd Associates, Inc. (HAI) $65,980 Ninyo & Moore $109,980 AWARD PROFESSIONAL SERVICES AGREEMENT TO HUSHMAND ASSOCIATES, INC. (HAI) FOR GEOTECHNICAL ENGINNERING SERVICES August 28, 2018 It is requested that the City Council award a Professional Services Agreement to Hushmand and Associates, Inc. in the amount of $65,980.00 for geotechnical engineering services as related to design of„improvements at the City's Fire Stations, City Library and City Theater. Fiscal Responsibility Economic Vibrancy Quality of Life, Neighborhood & Infrastructure The cost for the services to be provided by HAI will be paid through Measure S Infrastructure Improvement Program funds. ATTACHMENTS Attachment A: Professional Service Agreement Attachment B: Location Description Attachment C: Proposals 2 CITY OF DOWNEY PROFESSIONAL SERVICES AGREEMENT WITH HUSHMAND ASSOCIATES, INC. FOR PROFESSIONAL GEOTECHNICAL ENGINEERING SERVICES 1. PARTIES AND DATE " This Agreement is made and entered into this 261h day of August, 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 Hushmand Associates, Inc., a California corporation, with its principal place of business at 250 Goddard, Irvine, CA 92618 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. Consultant desires to perform and assume responsibility for the provision of certa professional geotechnicall engineering 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 geotechnical engineering services to public clients, is licensed in the State of California, and is famar with the plans of City. I City desires to engage Consultant to render such services r the geotechnica engineering services for fire stations, library and theater project ("Project") as set forth in this Agreement. 3. TERMS. r-r-TT1VW?- 3.1.1 Gehdt6l 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 geotechnical engineering 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. ATTACHMENT I 3.1.2 Term. The term of this Agreement shall be from August 28, 2018 to December 30, 2018 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The termofthis Agreement may be extended by written amendment to this Agreement signed by the City Manager and the Consultant. is i •. —. • ;•: 3.2.1 Control and Pavment sof Subordinates. Indeyendent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible for enrollment in CaIPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CaIPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 3.2.2 Schedule of Services. Consultant shalt perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B° attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. The parties acknowledge that the Schedule of Services may be amended by mutual agreement due to changes in circumstances, including changes in the performance schedules of other third parties performing work for the City on the Project, which affect the timing of Consultant's performance of the Services. M 3.2.3 Confotmaqcg�fo Ap 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 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 Consultantcannotagree 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 John Oskoui, 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 Ben Rushmand, 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. Consultantagrees 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 Employees. 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 3 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 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 taws 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 Projector the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the 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 -Compliance. Consultant shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not 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 Re uirements. 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 Scone 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 4 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. (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, for a period of five (5) years 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, Project or 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 5 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). (B) Waiver of Sgt tggation. 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 Covera es. Each insurance policy 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 Primpry Covera e. 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 any way. 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 Acceotability 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. Consultantshall fumish City with original certificates of insurance, including all required amendatory endorsements (or copies 6 of - applica. - policy anguage - ct- . - .• • s . • . • • •• the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements t• the City before the commencementof •rk Under this Agreement. • - to obtain the required documents prior r the commencement of runder this Agreement shall n•: waive the • obligation t• provide - • the City. The rightCity reserves the • require complete,certified copies of all required insurance policies, including endorsements, time. 3.2.10.10 _•- err of - policies provi•' coverage on a claims -made basis: 1. -retroactivedatemustbe •. •:mustbe before_ date • Agreement or the date work commences under this Agreement, whichever is earliest; IiInsurancemust• -maintained .:....• evidence oinsurancemustbe 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 date rcommences• - Agreement, - - earliest, 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 main a n s wor so as avo injury or damage to any person or property. In carrying out its Services, the Consultant sha at all times be in compliance with all applicable local, state and federal laws, rules and regulations, •shallexerciseall necessaryprecautions for -safetyof employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffol 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 o the proper •' • andmaintenance ofall safetymeasures. is • a R: Consultant shall receive compensatioding authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total : • •. ^ • • - - :_..• • i i ':..a • ' � •. '; � is � 3 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. - M 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 Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, 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 sea., as well as California Code of. Regulations, Title 8, Section 16000 et sea. ("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 diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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. 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. 8 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 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 t e 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• this Agreement and through no fault of the terminating party; Loll I gja;j oil I Y'"I 4 its] I I a 1:1 il I Lei WN I IIKZA I Role] I RNA @16@104 Ir -Rel 41 NO Een���� 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 Teftinoil. If this Aareement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Document and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide sucl 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. 9 3.5.2 All notices permitted • 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: 14 T.TTT U r M, M • Associates, Inc 250 Goddard Irvine, CA 92618 Phone: (949) 777-1266 Attn: Ben • Ph.D., RE President, Principal Engineer City of • 11111 Brookshire Avenue Downey, California •1 Phone: (56 2) 904-7284 Fax: • 923-6388 Attn: • Oskoui, Assistant City Manager • i• City Attorney's Office 11111 Brookshir- D - DowneyCalifornia 90241 sTt4 &-To] 1 111 is 1741NAV-001 Is - 1 WgRnW6Tflo1rs, Mier 50-pusif in inel.a. rhaii, ]IF51 ua55 pubtage-prepalu RRHORulurme- the party at its applicable address. Actual notice shall be deemed adequate not ce on t e date actual notice occurred, regardless of the method of service. - U I- , --I ---- 1- 3.53.1 Documents & Data,, Licensih-gbf 4441 OpR�. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, 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 to 714 -InsisliFlIffe-DaTEMM4 *I � 61 General Inderntlifidation. 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 but of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and 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 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 law (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 Governinct lar. 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. 12 3.5.10 CLty�s Right t6 Emblov Other)CMs�ftahts�. Citv reserves right to employ other consultants in connection with this Project. 3.5.11 Suq__Ag��ns. This Agreement shall be inding on the auccessors and assigns of parties. 3.5,12M�ighO�ebtorTreiftf&. Neither party shall assign, ypothecate,or transfer, either directlyorby operation• : law, Agreement • rinterestherein •.: 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�13Coo�5ttudWo;R6f6rencesL��. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. Allreferences is City include elected •' officers,employees, agentsandvolunteers except otherwise specifiedin thisAgreement. -captions• ` -variousarticles:•: P araciraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe content, or of Agreement. ` :... i _. ! . •.. • - - _ •..' _ . i..:.._. • • ': • •: :.: • - - • •' - - is 3.5.23 Effect of Conflict. In the event of any conflict, inconsistency, or incongruity between any provision o 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 PrjorAbPf6VWR6dUkedConsultant shall not subcontract any portion of the • required • this Agreement, except as expressly stated herein, without prior written approval of City. Consultant shall require and verify that all subcontractors maintain 11A i. FJWjS-'O' no CITY OF DOWNEY, #--0J-PV%L UW -f 11 and charter city By: isean Ashton,- Mayor Date: Attest: Date: - . I =#. I - MOn H rl!� i a , m R By: i `n llu�hma 4 P.E.,'President 15 CITY • • Hushmand Associates, -- California municipal corporation a • Corporation and charter city By: By: Sean Ashton, Mayor Ben Hushmand, P.E., ■ Date: Date: Attest kyj F 5 "1 0 ff 9 F I off F. r, M a 0 1 kyj LemalwX Approved as to Form- e Abich- ar City Attorney Date: EXHIBIT All HMHMMD AUDGAM Mr ANT lit it T ! 12 BY0 Small conformation of Requested Services Tw Ado WaR M11 1,inn 11v cilz of-Dnw=y -Un Cali fJeotechnical kd&ndum Prqm& A PM4&5 From: Ben Hwhinamt PhD. PE. Date: AUgUSL 15, 20 18 gcs_ I of 4 C4 Pmat No Pkaw 001 be MOM 'MOM hem, WIMU Immud ths V;nzli! L g�w it Fwn"Awq 1:] RIP0 AS AP 1:1 WNW cmMinum 71 a,JG ,._t kv-vlg�- —, Iv ONAVAK 1 h,us-ohmand No:�oci tons. Inc i I PJ) i'pica's'-d In 5uhni A Bs gwoposa! I" 40enow-kal 1FAQ to rynvioh; (WAY A! clow6rowy NO MOM I SM00s, :'lsf six (o`, prajjc,�.�C si(cs illmr p! I Ore ntwionz mKo [I I !MraD and 'on v I I j 1 hworc PlaZaj' axCated igi the Cly OF Money (0t- j„T"his ptoposal is ymnparad in in Reejue-,,- for P-k,ol osln (RFP� xmiwd Amu Rdencl), ific, vi, an cmad on Augm! It NK3 Propfel lar escnp�&n Ra s.,.. on Tic KFA do Cly in whing u primad Kim ILL! to unKhan u g;Ss nUmind ow&mMm ly Rwr A) No, mmkmm on* 11 ; Map, wAl one ( 1 ) Mw Mys I ho pan"i sysmu Mcawd in to MmOng Ahm-, Q a Sn wo a 221 1 A -0 u, Jay Rn j . F!"V!W, F A TIM], Q, 4; ln7 VHon 5 1 qTjW dory"01 Vvw, MV,kV, V A Vill ,, A r A in qcn Dowtv Kva 44 1 i I Pnw= RVA , Dx% oo, 1 A 14)] 1 We understand LL_ar pU()p(3cC.d PajPTnC)vcments hidulde: j I) rennevaHon of hur [41 Be simians w0h adMon of I to 2 suadex (2) repovation of!ibrary with localhcd pate, and Mm ,, fieundations- and (3) construction oftheatre Plaza Nckdhg MA on gmde comrs, ha dicap mnips, steps and 2' reiiining veafls, and an extemal two srop "flovator- Scope of Mrik I he noripe of our work Kv Geotwhnkal invesigmicin for above project's consists of Ific following tnk--- K He QvWw: R zOew and OMJMMriZ_° , sli�jj , inf'o -,,- ep -01- the - - - g ,_ J_ uhk, 'latical CCRIdifiODS, I 51le, stli FoUndim_ aren w5diriA pylogw maps and wer publislieu, (h,,at may aid in 04-mtil'yin- ria;k,�, 2) SKRemunivissance, Mark Bodugol and PermMiew Wo VAH weirk rrc borinp, locarylmE i and notits y'-warld (,�ndc-qj,lrwld °3orvicc' tNt (1,,,,51A) j)TiLW io heonahg hel-,Kealrk so that publk or pAMe undagmund u0bes cmnQtela n60d 10101 also obwKaweh puma dw zuh proro,o ry Les fro Yap (- ootntf of -os An�,eles ,3, Suk-,4su rface Exploradon: f'or eacn }-fir (.wn we WOM 0 M j 2) laud rovul hmugan a dgm V 50 we and 15 To or mbsy Yotal or six Vbbot and 1 5-tZ)of ho6npl We M ub6n wAK SWAK PM -MonV-,L N? F 1 as I Nouhnod Cal 1"9pi'r (NIC 1 S61 shun leo al 3066acd deptha (i , 2 5 No rw 5 bun Wom OLO, Mings is r Amid w Loshmo i mkd Dramy wMg. Ming, MH he backMa w Vinir pe • Co"m, of Lm fit,=,ries Guw,,,°!tnvs amt "AH he to match ol,,- !xisom,_-,,,alrracer conditions usmg col uphod. tpi qukkw ioncirru Tht wil cuaing5 wV. bw Mond ir: ollralils and or'mpc-?,ard,", stur""d w tbe ire Or 1 An"Al wragn 4 j " mgg�,,TM yj r`IC CIirnit isr l:Smsper filplo,-;n, -'a.' 'zzr Cll cni firin-hng 0-1 (.'. Cil; ul-Duwnv- aumMM Rnkw&g Rules [Impowl No. P18080 same prove of KNI law Cownp, dFums 6I(7i1;owd h; a PMA"HM& AM, ITOK MqMY at an Uppk,ipt i ak-' di,'q-)tMa! tit), 4" Geotechilical Laboratory Testing. -wifl )o tesT.tj in 01. �xouratw-,,r hoi classifcatuln, indc, and eiginewinn properties 0 Engineering Analysis, Wo v,-iH rcvisiv the Idd ,clad kTmWo3,3 dam and perform eng�necrjng mmyns (WAMW humd widyni and sdsutic design paramoter's, tiqut"f'actiofl and Serlswent evalumion R)undmion dwign paranwtcn�, retaining ;Q1 cksign parameters) fordesign owo f rposed imrove pnwn"s. g 6) Report Preparadon: We will prepare a Geole"'-hnical 1AVYWQW)n Report thai inciudes the rr,sults offour KeAghOn WW OUr CORCIUSb,'HIS aldgtcitcchnwal i-econwnendatiorm Rwdw proysed imFowmNaAAr mq)rl Q1 inciude a Be p Mwwbg baring iocadons. nuld lard? Ammmy wg dats g"Qk amp. gmhyc uld Asadc hit ardt sdmhcit�i und scismic design para,MCLOS. 11SUIT5 of iquefa.ction analysis and selticklicill anWyws. nwomawndmOn Cor foundations, latcral earth prenurem CHnfi,orrk, wmpoiw-y excavation and extown RMOMK Eshniabon OLE servic.ss t'C'jr i -,I! NX PmVos %iq be pwOmwo Vsa of$OJA)�O for geotechoical inNcinvadonsi-soc Vallin 1 b Addifionii servicc,~, AM= mnowkwAn ON a'uwnwm inti a rune imulexpense Iaw, * Ile WYMI N a Pm"Hog %Qy fhquct * A no Rio excavaGn/dHiling pumh hom Qe Chy V requhm? Wo aswme Tan pwmq w0l be Wud&d Ir -1H We projeas Wgedwr and HeWwmt Rn ani p,lecLs cart be pivArwA cm6momo AddiAnal ", m mdwe We nAd KvmQM&n crust, wo aninve Tal the cit.,,, Aifl provide dr-'!Hng ,u hcont-, ac tot, to accu�s -o as city puking 1uV mahignance yard M puk be &HQW ri,,g ovclnight, * 'X a° ass"V1w, !hal sito sN acce-'SiHe * 1 l A! vvilicont�tJ, USA prior to, beginning rjeld'vvork so thit am, p�-Lbhc ides in the area offfic proposed Meld explormion %Q1 be narked. We we not rc-sponsibic !'or damage to unrriarkcd widcrground StrUCLI!reS, 9 INcuma me can suixonswr mAth a privarc udl!ty iocatorai an additional fQ, * TraFfic convol and tabic t;xuml plan are not required fur this prr,�jecu * I lie Rif -race is cuuemt paved w4h np=k conmo. Coring Hwu 6§1 bs not inc!uded herein * Schis my ma oemwWnwed, I A aphak panch a ru kwkwkd huln, 9 ldemifcalhn, charauerization or reniclasken AlmuAmm mauiak is ms pwi oNhe snpe Awo& Any work rakiwd w havai-rims mMuWs "ill requiro a mVp5nuL m ow swpe w0l bWgei 0 The Proposed cost includes only one (1) lkick 1. , I - 14; 1 , ExHIBIT "B" I I I I N AIMT" lic a Ing n i F. in v leigLoNl(al id tsioggg r • Lit; cycDovvuce Oil-C'a(t 1:iaginQQring Service, llrcaposa1 Nei; P19-081= TABLE Ia COST ESTIMATE ItEAKiIOW GEOTECHNICAL ENGINEERING LNIVESTIG-AMON Task Hours/, Hourly/ La o, Direct 'total flu,s Task a ait"a hate, Fast CDA I uata Existing Data, Project Management Cra)eot,Engineer l [20 r $480 � t n Seng or Staff Enaine r _ _ § $too �. S40U �8f40s it ee nnaos :ante, tNlark Horine Locations, and� c 2 Acgralsltloo of Permits Svl i StafEngineer 16 f,i=t) $1,600 � { W's113'c;n"nnnt $780 { said Truck 1 $8() ik $2 966 _ 3 Field Exporafion (Logging & Sampling) C nio.r SLaff En�ViFe1 � ��� 'iC�� [.. Iaaj�4GC �1�� $400 � yn"7ltRrk �_ t){ *,dx (6) 50-Ir)()I. ail( six (6) i 5 -fool i'vlud I'C.CT.3 or I>,.�isnrt=,n G $t8,0t7n An :fin _alypcad '10ST5 d Drurn Lim!,,11-i - f "._ � y _:: u� _... klh)! 4 l.t owchnical Laboratory Testarag sik-s€{oa Staff I rtannreer ' I(" '$300 �r7,t>�?s�z.slt g dd,'4 r:t„£.t}t7§L`il 1 kl'6aC"a�i tSf� Ta.)ro 11Y8.-. I tagarar = raaa� Analysis (1)3taa Compilation, boring logs tnrelaar rrifm Data compilation, boring Brags prelaar atiou iseistnichazard eaaluatiout Uquefaction analyses, S 1stttlepi ne eolculations and Foundation design) (orf+Ian+t, Fesgiraeer _,,1 1 $120 %2,880 ken mr o.taff En vi eer 8 V oo %3-000 rstdp 8{tg 6 Report Prelnaratieata l aa"rnr t3,,°� pr E E 8'.:ittcPp,0 Engineer tai ° Sn 8o S1,800 Vro!tfct R ngmecc;r $;t:10 ` 4-3.10 ssa nw Staff %,r1C,fl1)eel l�„JdYii iC �dtflip ) f roj ,at E ny' mec d 1f 9 't s k, f. -t40 ry Grand Total — tit ;w,r x0i - °7"i'.,” io P z�Y FIRE STATION 1 » 2 Paramount Blvy Downey, CA 90242 FIRE TATIO6 «« Downey, CA 90242 .. py. «<»+ " : ATTACHMENT B 08/13/18 Akt kin ~page 1 < � * ■ § f.. »:« » «< t 2� #«x»»» ?+f■2*4 »#«»±« ?*f«2f# 2\d�\����� \ DOWNEY LIBRARY 11121 Brookshire Ave Downey, 90241 page 3/3 John Oskoui, P.E. Assistant City Manager City of Downey �SUBJECT: Recommendation to Award: City of Downey On -Call Geotechnical Engineering Services Pursuant to the City of Downe s issuance of, "Request for Proposal for City of Downey On -Call Geotechnical Engineering Services", dated August 13, 2018 and the subsequent issuance of "Addendum NoT', dated August 14, 2018 to the below listed three (3) firms. The City of Downey received two (2) Proposals, upon review of the submitted Proposals, it was determined that Hushmand Associates, Inc. was the apparent lowest responsive and responsible bidder. As such, we recommend that the City of Rank Cornpainy Name Bid Amount #1 Hushmand Associates, Inc. $65,980.00 #2 Ninyo & Moore $209,980I0 #3 NMG Geotechnical Declined to Submit Proposal , Walt Eden, President End; HuehmandAssociates' Proposal Ninyo & Moore's Proposal City of Downey's RFP for "On -Call Geotechnical Engineering Services", dated August 13, 2018 City ofOowney'o"Addendum No. 1''.dated August 14.2O18 Invitation tobid -HushmandAssociates, |no..dated August 13.2O18 Invitation to bid - Winyo & Moore, dated August 13. 2018 Invitation to bid - NN1G Geotechnical, dated August 13. 2018 Email from NPWGdeclining tmparticipate, dated August 15.2O18 Edencolno ~ 2906LaVentana ~ San (|emente.CA 92672 ^ (g49)g74-917O wseden@edencorc cam To: Mr. Walt Elden Firm: Gdenco. fne. �TxORFtlu19� E -Mil c•�n�if�m�ti©n •fi K Ilv] rmAmKcI 5 ryvic From: Ben tlushmand, PhD, PC E -Mail: ;_; 3en Date August 15 2018 t'ages: I of 4 Project: City of Downey - (fin -Call Geotechnical I Addendum Proposal #: PI$- $15 City Pro'ect No Engineering Services Please call the indicated office below ifyou received Ibis e-mail Urgent For review Reply ASAP Please comment In error. p/V Hushmand Associates, Inc. (I-IAi) is pleased to submit this proposal to (Client) to provide On -Call Geotechnical Engineering Services for six (6) project sites (four [4] fire stations, one [I] library and one [1 ] Theatre Plaza)located in the City of Downey (City). This proposal is prepared in response to a Request for Proposal (RFP) received from Edenco, Inc. via an email on August 14, 201$0 Project Description Based on the RFP, the City is soliciting a proposal from HAI to conduct geotechnical evaluation for four (4) fire stations„ one (1) library, and one (1) Theatre Plaza. The project site are located in the following address. I ) Fire Station # 1 - 12222 Param Mnt Blvd., Downey. CA 90242 2) Fire Station # 2 — 9556 Imperial Highway. Downey, CA 90242 3) Fite Station # 3 — 9900 Paramount Blvd., Downev, CA 90240 4) Fire Station # 4 — 9349 Florence Ave., Downey, CA 90240 5) Downey Library — I l 121 Brookshire Ave., Downey, CA 90241 6) Downey Theatre Plaza -8435 Firestone 131vd-, Downey, CA 90241 We understand that proposed improvements include: (1) renovation of four [4] fire stations with addition of l to 2 stories, (2) renovation of library with localized pile and shallow foundations, and (3) constniction of theatre plaza including slab on grade concrete, handicap ramps, steps and 2° retaining; walls, and an ext° al two stop elevator. Scope of Work The scope of our woi`k for Geotechnical investigation for above projects consists of the following tasks. 1) FileReview: Review and surnmarize available information regarding local conditions for the site surrounding areas including geologic maps and other published reports that may aid in identifying geologic risks. According to rho Stnte € f California =t` eolovical Stwvev i "CNN Offfi ial Man for lwarthcivake Zones of Reattired lrava�sti�alittll, performed santlines 2) Site Reconnaissance, Mark Rorings, and Permitting: We will mark the boring locations and notify you and Underground Service Alert (IDSA) prior to beginning fieldwork so that public or private underground utilities can be identified. It is assumed that HAI will obtain a "no®fee' permit from the City. We will also obtain a well permit for each project sites from County of Los Angeles. 3) SubsurfaceExploration: For each project, we will drill two (2) rraud rotary bearings to a depth of 50 feet and 15 feet or refusal (total of six 50 -foot and six. 15 -foot borings). We will obtain bulk, Standard Penetration Test (SPT) and Modified California (MC) sail samples at selected depths (i.e., every 2.5 feet or 5 feet) from Our borings for visual classification and laboratory testing. Borings will be backfilled with cement—bentonite grout per County of Los Angeles (,Guidelines and will be terminated to match the existing surface conditions using cold asphalt or quickset concrete. The soil cuttings will be stored in drums and temporarily stored at the site or a nearby storage yard suggested by the Client for proper offsite disposal. After analytical tests confirming the City of Downey - OsrCall Geotechnical Engineering Services Proposal No, P 18-0815 waste profile o1' the soil cuttings, drums will be disposed by a professional drum disposal company at an appropriate disposal facility. 4) Geotechnical Laboratory Testing: Selected samples will be tested in the laboratory for classification, index, and engineering properties. 5) Engineering Analysis: We will review the field and laboratory data and perform engineering analyses (seismic hazard analyses and seismic design parameters, liquefaction and settlement evaluation, foundation design parameters, retaining wall design parameters) for design of proposed improvements. 6) Report Preparation: We will prepare a Geotechnical Investigation Report that includes the results of out - investigation and our conclusions and geotechnical recommendations 'for the proposed improvement. Our report will include a site plan showing boring locations, field and laboratory test data, geologic maps, geologic and seismic hazards, seismicity and seismic design parameters, results of liquefaction analysis and settlement analyses recommendation for foundations, lateral earth pressures, earthwork temporary excavation and exterior Batworks. Estimation Our geotechnical design services for all six projects will be performed for a fixed fee of $65,980 for geotechnical investigations (see Table 1). Additional services requested by you that are not outlined in this agreement will be charged on a time -and -expense basis. E$s—SL irnpt ons • The project is a prevailing Wage Project. ® A no fee excavation/drilling permit from the City is required. We assume that permit will be provided for all the projects together and fieldwork for all projects can be performed continuously. Additionally, to reduce the field investigation cost, we assurne that the city will provide drilling subcontractor to access to a city parking lot/ maintenance yard to park the drilling rig overnight. • We assun-te that site is accessible. • HAI will contact CASA prior to beginning fieldwork so that any public utilities in the area of the proposed Feld exploration will be marked. We are not responsible for damage to unmarked underground structures. • If desired, we can subcontract with a private utility locator at an additional fee. • Traffic control and traffic control plan are not required for this project. • The surface is currently paved with asphaltic concretes Coring thru rigid concrete isnot included herein. • Soils are not contaminated. 1 -lot asphalt patch is not included herein. Identification„ characterization or remediation of hazardous materials is not part of the scope of work. Any work related to hazardous materials will require a supplement to our scope and budget. The proposed cost includes only one (1) kick off meeting. Page 2 City of Downey - On -Call Geotechnical Eagincering Services Proposal No. P18-0815 A XII-11KIIIIIIII21 n 110" IN KLIS KkTA Task Task Hours/H ourly/ I Da Labor Direct Total No. Days Ity Ratel i cost cost I Review Existing Data, Project Management Project Engineer 4 $120 $480 Senior Staff En ineer 4 $100 - $400-- $880 — Site Reconnaissance, Mark Boring Locations, and 2 Acquisition of Permits Senior Staff Engineer 16 $100 $1,600 Well Permit $780 Field Truck $80 $80 --$2.460 3 Field Exploration (Logging & Sampling) Senior Staff Engineer so $100 $5,000 Field Truck 5 $80 $400 Drilling of six (6) 50 -foot and six (6) 15 -foot Mud Roatory Borings $18,000 Analytical Tests and Drum $szo: 0�0 $28,400 4 Geotechnical Laboratory Testing Senior Staff Engineer 5 $100 $500 Geotechnical Laboratory Testing _Te�s — ------- $7,000 17,500 'Engineering Analysis (Data compilation, boring logs preparation, Data compilation, boring logs preparation, seismic hazard evaluation, liquefaction analyses, 5 settlement calculations and foundation design) Project Engineer 24 $120 $2,880 Senior StaffEngineer 80 $100 $8,000 $10,880 6 Report Preparation Draft Report Principal Engineer 10 $180 $1,800 Project Engineer 36 $120 $4,320 Senior Staff Engineer 92 Mo $9,200 Final Report Project Engineer 12 $120 $1,440 Printin �Shi ins 0 0 S S Grand To 1l $65,980 We would like to obtain a formal authorization from you prior to performing any additional services not outlined in this transmittal. fi Page 3 ol'4 .... ...... . City of Dovvney - On -Call Ccotechnical Engineering Services Proposal No. P18-0815 1,,11 t i 11 ► , to us via FAX Please call ifyouany questions regardingfax i ;.. Hush and Associates, Inc; Edenco, Inc,/ City of Downey 27) 8115/2018 Ben Hushmand, Phl), PE Date Signature (date President, Principal Engineer Please Print Marne and Title r ," ` Page 4 of 4 August 15, 2018 Proposal No. 04-01988 Mr. Walt Eden City of Downey 11111 Brookshire Avenue Downey, California 90241 Subject: Proposal for Geotechnical Services City of Downey On -Call Geotechnical Services Six Sites Downey, California Wflzm�_ In accordance with your request, we have prepared this proposal to perform geotechnical services for the City of Downey On -Call Geotechnical Services contract- We have prepared this proposal dated August 14, 2018, site aerial photographs, and preliminary review of readily available geological literature in the vicinity of the subject sites. The purpose of our geotechnical services will be to evaluate the soil and geologic conditions at the individual sites in order to develop geotechnical recommendations for the design and construction of the projects. - -a 1. Fire Station # 1 - 12222 Paramount Boulevard; renovation and expansion with one- or two- story additions. 2. Fire Station # 2 — 9556 Imperial Highway: renovation and expansion with one- or two-sto additions. I 3. Fire Station # 3 — 9900 Paramount Boulevard; renovation and expansion with one- or two- story additions. 4. Fire Station # 4 — 9349 Florence Avenue; renovation and expansion with one or two-story additions. 5 Downey Library — 11121 Brookshire Avenue; renovation with expanded footings and deep foundations. 6. Downey Theatre Plaza — 8435 Firestone Boulevard; a new theater plaza with concrete slab on grade, handicap ramps, steps and a two -foot high retaining all. The theater improvements will also include an external two -floor elevator. Ninya & Moore I (Ity of (Downey On :,,ill Geotechnicai Seivmas 0 owrey California 1 14-0 98 1 �',,uqk,M ,,,• 2018 mased on our preliminary review, this area of Downey is underlain by younger alluvia'd epos consisting of sand, silt, and clay with some gravel. The historic high groundwater depth i n the a r been mapped as approximately 10 feet below the existing ground surface. The sites a re n! being in an area considered susceptible to liquefaction during a seismic event. SCOPE OF SERVICES Based on our understanding of the project, our scope of services will consist of a geotechnical evaluation of each project site and will include the following: a Project coordination, planning, and scheduling for subsurface exploration. Review of readily available background materials, including published geologic and seismic hazards maps, published literature, in-house information, stereoscopic aerial photographs, and reports and/or plans provided by the client. �0101g[@A&2 A00101011 sILI! M914111FAMIM l* I 11INNIMprig Perform subsurface exploration consisting of drilling, logging, and sampling of eight (8) small - diameter borings (one at each fire station site and two each at the Downey Library and Downey Theater). The borings will be advanced to depths of up to 60 feet below existing grades or to refusal, whichever is shallower. The borings will be used to evaluate the subsurface conditions and collect samples for laboratory testing. Relatively undisturbed and bulk samples will be obtained at selected intervals from the borings. The soil samples will be transported to our laboratory for testing. The borings will be backfilled with cement grout in accordance with the boring permit and patched with rapid -set concrete in paved areas. The excavated soil will be placed in 55 -gallon drums for disposal at an approved landfill. Soil samples will be taken from the drummed soil cuttings for disposal characterizatioe drums will be picked up by a certified waste -hauler and transported to a non -hazardous waste disposal facility. Paved boring locations will be patched with dyed rat -set concrete. Laboratory testing of representative samples to evaluate in-situ moisture and density, gradation, Atterberg limits, collapse potential, consolidation, expansion, shear strength, and corrosivity, as appropriate. Data compilation and geotechnical analysis of the field and laboratory data, including analys- r- oeltand provide recommendations pertaining to the following: * Suitability of the sites for the proposed construction from a geotechnical standpoint. * Description of the geology and on-site soils anticipated at each site, including an evaluation of the geologic hazards and groundwater conditions. • Evaluation of the liquefaction potential and the potential for dynamic settlement at each site. • Evaluation of the 2016 California Building Code seismic design parameters. IN myo & Moore nT "ov'vnev -,911 ki,inna i D.',Jncf )4 Our services for the geotechnical evaluation portion of the projectwill be performed on a lump sum basis in accordance with the rates in the attached Schedule of Fees and Schedule of Fees for Laboratory Testing- A detailed breakdown of our fee and hours for the evaluation and report a 'i ,nstimated hours for post -report services are presented in the attached Table 1. M Ninyo & Moore appreciates the opportunity to provide services on this project and we look forward to working with you. Respectfully submitted, NINYO & MOORE , P, N Ronald D. Hallum, PG, CEG Principal Geologist UW= Attachment& Table 1 — Breakdown of Fee Schedule of Fees Schedule of Fees for Laboratory Testing List of Qualifications MZC= Nin -'A? & Mc re i C'4"' rji covvney U�-,,ouchmcal "r-'rmais Downey, (_Onrno x 04-01988 1 ALA)U5t 15, 2n ui Am Our services for the geotechnical evaluation portion of the project will be pe ormed on a ump sum basis in accordance with the rates in the attached Schedule of Fees and Schedule of Fees for Laboratory Testing. A detailed breakdown of our fee and hours for the evaluation and report and estimated hours for post -report services are presented in the attached Table 1. Ninyo & Moore appreciates the opportunity to provide services on this project and we look forward to working with you. Respectfully submitted, NINYO & MOORE Ronald D. Hallum, PG, CEG Principal Geologist Attachments: Table 1 — Breakdown of Fee Schedule of Fees Schedule of Fees for Laboratory Testing List of Qualifications Nkqo & Mow", I Cily m Drwlpy 0!I -C"111 Sevice. kDowney Cfifi:,rma 1 1 AuqoA 15 20 M 11411 Senior Engineer/ eol ogis UE nviron mental Scientist 6 hours 178.00 /hour $ 1,068.00 Senior Staff Engineer/Geologist/Environentai Scientist 20 hours 150.00 /hour $ 3,000.00 Subtotal4,068.00 Staff Engineer/ eoio ist/nvironmental Scientist Permit Fees (County of ) hours12 #' " 00 /hour $ 11,608M Lump 1,600 .00 Subtotal 1: {1' "# �r#'; • ;�� #r w a, s, # 't +ri ii r '. rr ii • +.. iii - #' "t rr ##` «ii ti • fi ii • . 3 1 i 1 ►; rr # �.. -+r ♦ # � _ ,. , • t � ii • 't t ii ii Nh"y s e Illooe ;„I v .-,f iC)Cm cr � _ :,l3 Cra, .�. c�r..c.,.i , s .� ..,, �. � . �=s�� , � � Ei1 ,� e � a si AI Nh"y s e Illooe ;„I v .-,f iC)Cm cr � _ :,l3 Cra, .�. c�r..c.,.i , s .� ..,, �. � . �=s�� , � � Ei1 ,� e � a REQUEST FOR PROPOSAL for CITY OF DOWNEY IV Data Date: August 13, 2018 Onbehalf ofthe City ofDowney (Cky), acting asits Owner's Representative (OR),this document shall serve as the City's formal notice for Request for Proposal for On -Call geotechnical engineering services, which shall include, but not limited 10the following projects as noted below and in Attachment "A", dated, 8/13/18: 1 . Fire Station #1 12222Paramount Blvd. Downey, CA9O242 2.Fire Station #2-9556Imperial Highway Downey, CA9O242 3.Fire Station #3-990OParamount Blvd. Downey, C/\9024O ' ^^ ^4.Fire Station #4-9349Florence Ave. Downey, CA9024O 5.Downey Library -11121Brookshire Ave. Downey, CA9Q241 6. Downey Theatre Plaza -8435Firestone Blvd. Downey, CA9O241 The following mandatory City requirements shall be required for all Proposals submitted: 1.Obtain aCity Business License PRIOR commencing and Contract work. 2. Provide Certificate of Insurance pursuant to the City's requirements and limits of coverages. 5. Comply with 0.|.R Bid Requirements for a public works Prevailing Wage Work: a. |naccordance with California Labor Code Section 1771.1'noContractor or Subcontractor shall be; (a)Qualified tobid orbelisted inabid proposal, (b)Engage in performance of this Work, unless registered with the Department of Industrial Relations (DIR), and qualified to perform the Work pursuant to Labor Code Section 1725.5. b. Registration can be completed by accessing: http://efi|ingdicra.guv/PVVCR.Contractors and subcontractors will also need to register at: http://appsdicca.gov.ecpr/[)/\S/ /\kLoBin. 3. Provide list ofqualifications. 4. Provide confirmation ofaminimum offive (5)years ofexperience. 5. Provide mnitemize cost proposal for the above noted six (6)Projects. 6. Provide Hourly Rate Schedule. 7. Provide a confirmation statement which confirms that your firm shall provide preliminary soil bearing results for the above noted six (6)Projects 10the City, within twenty one (21) calendar days from the City's issuance ofits formal Notice toProceed. IRS �VIIIIIMI� .• Date: August 15'2O18 • Time: Nm|aKerthan5:OOpm • Email Proposals to: vvseden@edencoinczonn,nncazin@edencoincoonn • Attention: City ofDowney 11111 Brookshire Ave. Downey, C/\9O241 Wait Eden Owner's Representative (949)O74 -917O FIRE STATION #1 12222 Paramount Blvd. Downey, CA 90242 7IRE STATION #2 J &-&?-W- ���#Yzgm ATTACHMENTA 08/13/18 • s � n FIRE STATION #4 r• . •iMAi+ page 3/3 ADDENDUM NO. I for CITY OF DOWNEY ON-CALL GEOTECHNICAL ENGINEERING SERVICES L. - The following shall serve as the City of Downey's Addendum No. 1 to the Request for Proposalsfmr On -Call Geotechnical Engineering Services, dated 8/13/18. 1. The proposed improvements for the noted projects are asfollows: s. Four (4)Fire Stations shall berenovated and expanded with 1 -Story and 2 -Story additions ^ lo� Library shall be renovated with localized piles and footings c. Theatre Plaza shall beconstructed with slab on grade concrete, handicap ramps, steps and 2'retaining walls d. Theatre Plaza shall also include anexternal 2 Stop elevator 2. The planned improvements for the above noted sites donot include subterranean structures. 3. Percolation testing shall not berequired atany ofthe sites for storm water retention. 4. Preliminary foundation reports shall be due twenty one (21) calendar days from the City uf[}mwney'sissuance ofits Notice toProceed. 5. A copy of the City of Downey's "Professional Services Contract" is included for your reference. Please note the City of Downey shall not accept ANY alterations to its "Professional Service Cmntrac1" FORT== M, - CityofDowney Request for Proposal - City Melanie Cazin <mcazin@edencoinc.com> Mon, Aug 13, 2018 of 9:02 AM To: hai@haieng.com Cc: Walt Eden <wseden@edencoinc.com> Good Morning, Attached please find our Request for Proposal for on-call Geotechnical Engineering Services for the City of Downey. Please confirm receipt of this package by 5:00 pm today. Ve look forward to hearing from you shortly. Thank you, Melanie Cazin r ;,t (714) 318-3923 Downey-GeoTech-Request.pdf 1961 K Request for Proposal - City of Downey Melanie Cazin <mcazin@edencoinc.com> Mon, Aug 13, 2018 at 9:07 AM To: arodriquez@ninyoandmoore.com Cc: Wait Eden <wseden@edencoinc.com> Attached please find our Request for Proposal for on-call Geotechnical Engineering Services for the City of Downey. Please confirm receipt of this package by 5:00 pm today. We look forward to hearing from you shortly. Thank you, Melanie Cazin ecW11 (714) 318-3923 dn Downey-GeoTech-Request.pdf 1961 K Request for Proposal - City of Downey � Melanie Cazin<mcaziMon, Aug 13\281Gsg8:01AM To: lyooW@nmggeoteohnkmioom Cc: Walt Eden <wseden@edencoinc.com> Good Morning, Attached please find our Request for Proposal for on-call Geotechnical Engineering Services for the City of Downey. Thank you, Melanie Cazin (714)318-3S23 �� uestpdf Addendum #1 - City Lynne Yost <LYost nmggeotech.com> Wed, Aug 15, 2018 at 9:03 A To: Melanie Cazin <mcazin edencoinc.com>, Walt Eden <wseden edencoinc.co> Cc: Karlos Markouizos <Karkouizos nmgeotech.co> Hi Melanie and Walt, Thank you again for considering NG for this project, but after review of the City contract, NMG will not be able to sign the contract as written (primarily due to the Indemnification clause). It would have been a pleasure to work with Edenco again and we hope another opportunity arises in the future. Best Regards, Associate Engineering Geologist NMG Geotechnical, Inc. 17991 Fitch Irvine, CA 92614 Direct: 919.398.8561 Office: 949,442.2442