HomeMy WebLinkAbout12. Approve Agmt w-Harry S. Howard - Measure S Infrastructure & Facilities Improve Prog Construction Superintendent SvcsteM O.
' `:
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
BY: JOHN OSKOUI, P.E., ASSISTANT CITY MANAGER
• • l
It is recommended that the City Council:
1. Approve an Agreement with Harry S. Howard in the amount of $240,000 for
providing Construction Superintendent Services as related to implementation
of - Measure S Infrastructure and Facilities ImprovementProgram.
2. Authorize the City Manager or his designee to execute the contract.
The City's Measure S Infrastructure • Facilities ImprovementProgTrleasure
•• . . robust constructionprogram entails expenditure of approximately
$60
•r -
60 million in a yearand half timeframe. a numberof vital City facilities,
Library and Fire Stations as well as eight of the City parks will be under construction
within the next few months. An integral part of implementing a successful construction
program, particularly one as fast -paced as the Measure S Program, requires intense
focused construction management and superior quality control.
Over the course of the last year the City's Measure S Program focus has been on
completing the design phase of various projects and preparing for the construction
phase. Currently, there are eleven (11) projects that are under construction with some
of these projects consisting of a number of smaller projects. As an example, the Civic
Center Improvement Project consists of three separate and distinct projects, the Police
Department Improvements, Firefighters Memorial, Library Outdoor Improvements and
the Theatre Plaza Improvements. Successful implementation of the construction phase
of the Measure S projects requires continuous monitoring of the work performed by the
City's contractors to ensure not only timely completion and minimizing the amount of
APPROVE AN AGREEMENT WITH HARRY S. HOWARD FOR MEASURE S INFRASTRUCTURE AND
FACILITIES IMPROVEMENT PROGRAM CONSTRUCTION SUPERINTENDENT SERVICES
AUGUST 13, 2019
PAGE 2
change orders, but also to ensure high quality construction to preserve the value of
City's investment.
In order to secure the services of a firm to provide Construction Superintendent
Services in support of the Measure S Program, staff issued a Request for Proposals
(RFP) on June 20, 2019. In response to the RFP, the City received two proposals, one
from P2S-Construction Management and another from Harry S. Howard.
Staff reviewed the proposals and interviewed Mr. Harry S. Howard, as well as the
candidate proposed by P2S Construction Management. Below table summarizes the
results of the review and interviews.
Firm/Candidate Proposal Score Interview Score Combined Score
(30% weight factor) (70% weight factor)
Harry S. Howard 70% 93% 86.10
P2S Const. Magmt. 78% 80% 79.40
Harry S. Howard's proposed fee is not to exceed $240,000 per year. P2S Construction
Management proposed fee based on an hourly fee of $150 per hour and total estimated
hours of 2008 is $311,240 for one year. Based on the aforementioned combined score
and proposed fee, staff recommends that the City Council award a Professional
Services Contract in the amount of $240,000 to Harry S. Howard for providing
Construction Superintendent services in support of the Measure S Infrastructure and
Parks Improvements Program.
Fiscal Responsibility
Quality of Life, Neighborhood & Infrastructure
Public Engagement
The City's Measure S Capital Improvements Fund (Account: 33-1-3303-0520) will be
utilized to pay for the Construction Superintendent services in support of the Measure S
Infrastructure and Parks Improvements Program.
Attachment A: Professional Services Agreement
Attachment B: RFP
Attachment C: Proposals
CITY OF DOWNEY
: r - . 0
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This Agreement is made and entered into this 13 th day of August, 2019 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")
• Harry S. Howard, with its principal place of business at 27806 Gleneagles,• s
CA 92692 ("Consultant"). City and Consultant are sometimes individually referred to as
•I collectively
"Parties."
2. RECITALS.
Consultantdesires • perform an• assume responsibility forprovision of c
professional services required by City on the terms and conditions set forth in this
Agreement. Consultant represents that he has demonstrated competence and experience in
providing Building Superintendent Services to public clients and is familiar with the plans of
City desires to engage Consultant to render such services for the Measure S
Infrastructure •Facilities ImprovementProgramConstruction • •
Services project ("Project") as set forth in this Agreement.
3. TERMS.
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 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 August 14, 2019 to
August 1, 2020 unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules
ATTACHMENT A
and deadlines. The term of this Agreement may be extended by written amendment to this
Agreement signed by the City Manager and the Consultant.
K
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 (CaIPERS) to be eligible
for enrollment in CaIPERS as an employee of City, Consultant shall indemnify, defend, and
hold harmless CITY for the payment of any employee and/or employer contributions for
CaIPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as
well as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services. The parties acknowledge that the
Schedule of Services may be amended by mutual agreement due to changes in
circumstances, including changes in the performance schedules of other third parties
performing work for the City on the Project, which affect the timing of Consultant's
performance of the Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of fey 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 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 John Oskoui, or his
designee, to act as its representative for the performance of this Agreement ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for
all purposes under this 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 Harry S.
Howard, 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 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
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 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 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 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
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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 maintain 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
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
5
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 Subro. !tion. 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) ill Coveracies. 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 Covera. 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 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
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 protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.3.1 Compensation. Consultant shall receive compensation, including
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
compensation shall not exceed $240,000 (two hundred forty thousand) 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 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 Prevailinq Wages. Pursuant to Downey Municipal Code Section 2935, the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as
California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"),
which require the payment of prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects, 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.
! 4 •
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 the
Consultant for all services adequately rendered and all reimbursable costs incurred by
Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein:
• Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
• Suspension of the Project or the Consultant's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause;
• Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery 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:
EM
Harry S. Howard
27806 Gleneagles
Mission Viejo, CA 92692
Phone: (949) 526-3342
Attn: Harry S. Howard
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7284
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.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data, Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied
in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a
non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
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3.5.3.2 Confidentialitv. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
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 Attornev's Fees. In the event of any litigation, whether in a court of law,
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non -prevailing party all reasonable costs incurred, including staff time, court costs,
attorneys' fees and all other related expenses in such litigation.
3.5.6 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 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.
11
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 Governing 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 City's Right to Employ. 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.
X
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; Ca tp ions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
. Amendment; Ma• •, supplement,or amendment
of Agreement - be binding executed • - • 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 covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Partv Beneficiaries_. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severabilitv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 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.
13
3.5.19 Egual Cportunity 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 Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Aqreement. 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 Prior 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.
CaliforniaCITY OF DOWNEY,
•.l corporation
i charter city
City Manager
r r
940fi' 1
Harry S. Howard
[Ell
Attest:
City Clerk
Approved as to Form:
City Attorney
0119.123859
15
EXHIBrr "A"
Project Superintendent will account for the timely completion of the project and ensuring that the
project is constructed in accordance with plans, specifications, and local codes.
Project Superintendent shall ascertain that contractor's, consultants, and vendors', strict
adherence to approve project schedules as well as to ensure their completion of work within
time allowed.
Project Superintendent shall coordinate work directed in the field, provided work is performed in
accordance with plans and specifications. Conflicts or revisions to the plan shall be
communicated with the project team (Program Manager, Construction Manager and owner) for
mutual resolutions, prior to execution of work that deviates from the approved plans.
The Project Superintendent shall establish and enforce job site quality control program to ensumw
quality completion of construction.
The Project Superintendent does not have authorization to engage in • agreement -s -
(subcontractors, change orders, work authorizations).
All requests for monetary agreements must be communicated to the Project Manager for
consideration prior to work performed.
EXHIBIT ""
SCHEDULE OF SERVICES
Essential Functions/Major Responsibilities of Superintendents:
• Monitor work of contractors, consultants inspectors, and vendors to ensure timely completion of
projects per approved schedule.
• Perform quality control duties and responsibilities regarding the work being performed.
• Communicate with project team regarding RFI's, and Material Submittal's.
• Ensure that subcontractor is fully executing and complying with the contracted scope of work.
• Coordinate all required inspections.
• Identify contractor's non-compliance with safety, health, and environmental quality standards.
• Identify conflicts in construction progress and communicate them to project team for resolution.
• Maintain daily log (written) of activities on the job -site.
• Perform Superintendent duties at multiple job sites, simultaneously.
• Ensure contractors have corrected all deficiencies identified by project team.
• Walk all unites on project daily to monitor activities and assist in future planning.
• Participate in weekly contractor meetings designed to coordinate the work.
• Issue notices of non-compliance to contractors in regards to quality of work or scheduling.
• Ensure that the job site is always kept in a clean and organized manner.
• Perform job progress and completion punch list identification and completion.
Secondary Functions:
• Assist in budgeting, bidding, and award of contracts.
• Assist in obtaining permits or approval of revisions.
• Gather project material submittal's and maintain records of approvals at the job -site.
• Identify areas of work that are outside of contracted scope
• Preside at pre -construction meeting with each contractors.
• Opening the job -site at beginning of the day and securing the jobsite at the end of the
Contract Price, not to exceed Two Hundred, Forty Thousand Dollars ($240,000.00) in a twelve-month
period.
To be paid monthly in installments of Twenty Thousand Dollars ($20,000.00) monthly commencing
August 1, 2019
Harry S. Howard
27806 Gleneagles
Mission Viejo, Ca 92692
949-526-3342
h.showard@yahoo.com
A. DESCRIPTION OF WORK ............................................ - ....... IE
SCOPEOF WORK ....................................................... ..... ....... ...... 4
U I REM ENTS .....................................
C. PROPOSAL REVIEW PROCESS .................................. - ........ ....... ----iR
� I
IWAII Mom,is
D. REQUIRED FORMS .................................................. - ... ... ...... -.- .......... - - � 18
E , FORM OF AGREEMENT ...................................................... ---- ....... ----21f
Page 2 of 36
REQUEST FORi i A
BUILDING CONSTRUCTION i FOR
MEASURE S INFRASTRUCTURE AND FACILITIES IMPROVEMENT PROGRAM
NOTICE IS HEREBY GIVEN that sealed proposals will be received at the City Clerk
Department until July 5, 2019, 5:00 pm local time, for performing all work necessary and
incidental to:
The City of Downey is requesting proposals from interested and qualified Building
Superintendents to provide services for the Measure S Infrastructure and Facilities Improvement
Program in accordance with this Request for Proposals (RFP).
Proposals shall be delivered and addressed to:
City of Downey
City Clerk Office
Building Construction Superintendent For
Measure S Infrastructure and Facilities Improvement Program
Attention: John Oskoui
11111 Brookshire Avenue
Downey, CA 90241
Proposals shall be submitted in a sealed envelope and plainly marked on the outside of the
envelope, City of Downey, Building Construction Superintendent for Measure S Infrastructure
and Facilities Improvement Program. Electronic, facsimile, or telephonic proposals or
modifications will not be considered. Proposals received after the scheduled Submittal Deadline
will be returned unopened. Proposals postmarked prior to submittal deadline, but received after
the deadline will be returned unopened.
Copies of the RFP may be obtained by visiting the City's website.
Proposals will not be opened publicly, and the City will endeavor to keep such confidential until
a preferred service provider is recommended to the City Council. Proposals must bear original
signatures and figures.
Maria Alicia Duarte, City Clerk
Page 3 of 36
Section A
BACKGROUND INFORMATION/PURPOSE
The City has a population of 113,407 and located in southeast Los Angeles County, California,
13 miles southeast of downtown Los Angeles. In November 2016, the City's voters approved
Measure S, an increase of/a percent to the transactions and use tax. Measure S is expected to
generate approximately $4.5 million per year which has been set aside to pay for a 20 year- $50
million program. Proceeds from the bond and other funding sources pay for the following
projects:
j 1.
Apollo Park
2.
Furman Park
3.
Golden Park
4.
Dennis the Menace Park
5.
Independence Park
6.
Rio San Gabriel Park
7.
Wilderness Park
8�
Discovery Sports Complex
$4.2 million
3.9 million
2.8 million
1.7 million
1.5 million
2.3 million
1.2 million
1.9 million
C 3. Library Modernization Project 6 million
14. City Hall Improvement Project 950,000
5. Civic Theatre Improvement Project 725,000
6. Other City Facilities and Buildings Upgrade Projects 800,000
The City has started the construction phase of the above listed projects which is expected to be
completed by August of 2020.
Page 4 of 36
The City is interested in retaining the services of a qualified and experience Building
Superintendent to provide on-site coordination for all phases of the City's Measure S
Infrastructure and Public Facilities construction projects, including coordinating contractors,
material and equipment, ensuring that plan and specifications are being strictly followed, and
work is proceeding on schedule and within budget. Superintendent shall be responsible for
scheduling related activities, inspections, quality control, and job site safety.
Essential Functions/Major Responsibilities of Superintendents:
• Monitor work of contractors, consultants inspectors, and vendors to ensure timely
completion of projects per approved schedule.
• Perform quality control duties and responsibilities regarding the work being performed.
• Communicate with project team regarding RFI's, and Material Submittals.
• Ensure that subcontractor is fully executing and complying with the contracted scope of
work.
• Coordinate all required inspections.
• Identify contractor's non-compliance with safety, health, and environmental quality
standards.
• Identify conflicts in construction progress and communicate them to project team for
resolution.
• Maintain daily log (written) of activities on the jobsite.
• Perform Superintendent duties at multiple job sites, simultaneously.
• Ensure contractors have corrected all deficiencies identified by project team.
• Walk all unites on project daily to monitor activities and assist in future planning.
• Participate in weekly contractor meetings designed to coordinate the work.
• Issue notices of non-compliance to contractors in regards to quality of work or
scheduling.
• Ensure that the job site is always kept in a clean and organized manner.
• Perform job progress and completion punch list identification and completion.
Secondary Functions:
• Assist in budgeting, bidding, and award of contracts.
• Assist in obtaining permits or approval of revisions.
• Gather project material submittals and maintain records of approvals at the job -site.
• Identify areas of work that are outside of contracted scope
• Preside at pre -construction meeting with each contractors.
• Opening the jobsite at beginning of the day and securing the jobsite at the end of the
day.
Job Scope:
The Project Superintendent is responsible for and will be held accountable for the timely
completion of the project and ensuring that the project is constructed in strict accordance
with plans, specifications, and local codes. Project Superintendent shall ascertain that
contractor's, consultants, and vendors', strict adherence to approve project schedules as
well as to ensure their completion of work within time allowed. The Project
Superintendent shall be responsible for the coordination of work directed in the field,
provided work is performed in accordance with plans and specifications. Conflicts or
Page 5 of 36
revisions to the plan shall be communicated with the project team (Program Manager,
Construction Manager and owner) for mutual resolutions, prior to execution of work that
deviates from the approved plans. The Project Superintendent shall establish and
enforce job site quality control program to ensure quality completion of construction.
The Project Superintendent does not have authorization to engage in monetary
agreements (subcontractors, change orders, work authorizations). All requests for
monetary agreements must be communicated to the Project Manager for consideration
prior to work performed.
Knowledge, Skills and Abilities:
• Provide direction to and resolve problems amongst contractors and vendors.
• Ability to identify deficient work and provide resolution.
• Proficiency in reading plans.
• Endurance and ability to visit entire job site, including stairs or other elevated structures.
• Monitoring jobsite general health and safety.
• Interpersonal Skills — Focuses on solving conflict, not blaming; Maintains confidentiality;
Listens to others without interrupting; Keeps emotions under control; Remains open to
others' ideas and tries new things.
• Oral Communication — Speaks clearly and persuasively in positive or negative situations;
Listens and gets clarification; Responds well to questions; Demonstrates group
presentation skills; Participates in meetings.
• Written Communication — Writes clearly and informatively; Edits work for spelling and
grammar; Varies writing style to meet needs; Presents numerical data effectively; Able to
read and interpret written information.
• Teamwork — Balances team and individual responsibilities, Exhibits objectivity and
openness to others' views; Gives and welcomes feedback; Contributes to building a
positive team spirit; Puts success of team above own interests; Able to build morale and
group commitments to goals and objectives; Supports everyone's efforts to succeed.
• Planning/Organizing — Prioritizes and plans work activities; Uses time efficiently; Plans
for additional resources; Organizes or schedules other people and their tasks; Develops
realistic action plan.
• Professionalism — Approaches others in a tactful manner; Reacts well under pressure;
Treats others with respect and consideration regardless of their status or position;
Accepts responsibility for own actions; Follows through on commitments.
• Quality — Demonstrates accuracy and thoroughness; Looks for ways to improve and
promote quality; Applies feedback to improve performance; Monitors own work to ensure
quality.
• Quantity — Meets productivity standards; Completes work in a timely manner; Strives to
increase productivity; works quickly.
• Safety and Security — Observes safety and security procedures; Determines appropriate
action beyond guidelines; Reports potentially unsafe conditions; Uses equipment and
materials property.
• Adaptability — Adapts to changes in the work environment; Managers completing
demands; Able to deal with frequent change, delays, or unexpected events.
• Attendance/Punctuality — Is consistently at work and on time; Ensures work
responsibilities are covered when absent; Arrives at meetings and appointments on time.
• Dependability — Follows instructions, responds to management direction; Takes
responsibility for own actions; Keeps commitments; Commits to long hours of work when
Page 6 of 36
necessary to reach goals; Completes tasks on time or notifies appropriate person with
an alternate plan.
• Initiative —Volunteers readily; Undertakes self -development activities; Seeks increased
responsibilities; Takes independent actions and calculated risks; Looks for and takes
advantage of opportunities; Asks for and offers help when needed.
Other Qualifications:
• Must be able to travel to the jobsite(s) as assigned.
Education and/or Experience:
Minimum of fifteen (15) years of verifiable experience, thorough knowledge of trades and
be computer literate. Experience in tract housing multifamily production commercial
facilities construction is required. Experience with, Microsoft office (excel, word, project
& Outlook) is preferred. Ability to read and interpret documents such as safety rules,
operating and maintenance instructions, and procedure manuals. Ability to write routine
reports and correspondence. Ability to speak effectively.
Language Skills:
Ability to read and interpret documents such as safety rules, operating and maintenance
instructions, and procedure manuals. Ability to write routine reports and
correspondence. Ability to speak effectively before groups of customers or employees
of organization.
Reasoning Ability:
Ability to solve practical problems and deal with a variety of concrete variables in
situations where only limited standardization exists. Ability to interpret a variety of
instructions furnished in written, oral, diagram, or schedule form.
Qualifications:
To perform this job successfully, an individual must be able to perform each essential
duty satisfactorily. The requirements listed below are representative of the knowledge,
skill, and/or ability required. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions.
Physical Demands:
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the
essential functions.
• This position involves work at a construction site where duties will be performed both
indoors and outdoors.
• Additional time may be required to meet project deadlines.
• Dexterity of hands and fingers to operate a computer keyboard, mouse and other
business machines
• While performing the duties of this job, the employee is regularly required to stand and
walk;
• Reach with hands and arms;
Page 7 of 36
0 Climb or balance; stoop, kneel, crouch, or crawl.
Work Environment:
The work environment characteristics described here are representative of those an
employee encounters while performing the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the
essential functions.
While performing the duties of this job, the Superintendent may be exposed to wet
and/or humid conditions; moving mechanical parts; high, precarious place; fumes or
airborne particles; outside weather conditions; extreme cold or extreme heat. The noise
level in the work environment is usually loud.
Other requirements:
1. Fees: The fee data provided should cover the following:
i. Base fee. Total fee based on number of service months. Proposed fee
should be indicated as total per year (12 months)
ii. Other expenses — identify (if none, please state none)
The City will not pay:
i. Mileage charges
ii. Per diem charges
2. Insurance:
a) The selected Building Superintendent will be required to provide Comprehensive
General and Automobile Liability Insurance coverage with policy limits of not less
than $2,000,000 per occurrence. The Automobile Liability Insurance must
include both owned and non -owned vehicles.
b) Each policy of insurance required in this RFP shall name the City of Downey and
its officers, agents, and employees as additional insured; shall state that, with
respect to the operations of Inspector hereunder, such policy is primary and any
insurance carried by the City is excess and non-contributory, with such primary
insurance; that written notice shall be given to the City prior to cancellation; and
shall waive all rights of subrogation.
c) Superintendent shall notify City in the event of material change in, or failure to
renew, each policy.
Page 8 of 36
Section B
Each individual or firm (Proposer) submitting a proposal shall meet all of the terms and
conditions specified in this Request for Proposal (RFP). By its proposal submittal, the Proposer
acknowledges agreement with the acceptance of all provisions of the RFP.
A. Introduction and Cover Letter— The cover letter should state the eligibility of the
individual to respond to this RFP, a statement of interest, and any other relevant
information.
1. Provide the name, address, phone number, fax number, and email address to be
utilized during the RFP.
2. A detailed explanation of any claims, disputes, litigation or other legal
proceedings with any school in which the responding Inspector (firm) was
involved, as well as a discussion of how the claim, dispute, litigation or other
legal proceeding was resolved.
B. Experience relative to City Needs
Discuss the Superintendent's knowledge of and experience with providing the required
services.
C. Proposer's Background.
Each Proposer shall be skilled and regularly engaged in the general class or type of
work called for in this RFP. The Proposer's experience shall be set forth and submitted,
as follows:
1. Company ownership. If incorporated, the state in which the company is
incorporated and the date of incorporation.
2. Location of company offices.
3. Location of the officer servicing any California accounts.
4. Number of employees both locally and nationally.
5. Locations from which employees will be assigned.
6. Name, address, email address, and telephone number of the Proposer's point of
contact for this project.
7. Company background/history and why Proposer is qualified to provide the
services described in this RFP.
8. Length of time Proposer has been providing services described in this RFP.
Please provide a brief description.
9. Proposer's Dun and Bradstreet number.
10. Resumes for key staff to be responsible for performance of any contract resulting
from this RFP.
H. Negative History.
Proposer must include in his/her proposal a complete disclosure of any alleged
Page 9 of 36
significant prior or ongoing contract failures, any civil or criminal litigation or investigation
pending which involves the Proposer or in which the Proposer has been judged guilty or
liable within the last 5 years.
D. Insurance
1. Provide the names of all insurance polies carried by the firm, number of years
with each carrier, policy coverages and limits, and any deductibles or self-insured
retention amounts on any policy. The carrier must have Best Key Rating Guide
of "A" or better as a California Admitted Insurer. All such insurance shall be on
an occurrence basis and should name the City as an additional insured.
2. Polices shall have a non -renewal or cancellation clause of not less than thirty
(30) days. Limits of insurance required by the City for consultant and sub -
consultants are as follows:
a. Commercial General Liability Insurance (CGL) with a combined single
limit of not less than Two Million Dollars ($2,000,000) each occurrence.
Umbrella policies will not be accepted to substitute for the insurance
requirement;
b. Automobile Liability Insurance with a combined single limit of not less
than Two Million dollars ($2,000,000) each accident. Umbrella policies
will not be accepted to substitute for the insurance requirement;
c. Workers' Compensation Insurance as required by the State of California
with a minimum of Two Million Dollars ($2,000,000), per occurrence.
3. The Superintendent agrees to provide an endorsement to this policy stating that
"Such insurance as is afforded by this policy shall be primary, and any insurance
carried by the City shall be excess and contributory." This policy shall be
maintained in full force and effect for the duration of the contract and must be in
an amount and format satisfactory to the City.
4. Disclose any claims made on any policy of insurance held by the firm in the last
seven years along with a detailed explanation of the nature and type of claim,
whether the claim has been resolved, and the terms of the resolutions.
If there is noinformationto disclose 3.
negative history.
Failure to comply with the terms of this provision will disqualify any proposal. The City reserves
the right to reject any proposal based upon the Proposer's prior history with the City or with any
other party, which documents, without limitation, unsatisfactory performance, adversarial or
contentious demeanor, significant failures to meet contract milestones or other contractual
failures.
Client References.
A minimum of three references from similar projects performed within the last five (5)
years must be provided. Information provided shall include:
Page 10 of 36
1. Client name, client Project Manager, address, telephone number, and email
address. If client is not a local government, please indicate the type of business.
2. Type of service provided to client.
3. Project description.
4. Project dates (starting and ending).
5. Discuss final outcome.
J. Compensation.
Proposal must list Maximum Payment in a not to exceed amount per annum. The
Proposed fee and related information shall not be included as part of the Proposal
and shall be submitted in a separate sealed envelope.
K. Any other information which would assist City in making this contract award decision.
L. Proposals shall not exceed ten (10) one sided pages including appendix and
attachments utilizing ten (10) or larger font.
M. Failure to completely execute and submit the required documents before the Submittal
Deadline will render a proposal non-responsive.
Acceptance Period. Unless otherwise specified herein, proposals are firm for a period of ninety -
(90) days. Timeframe may be longer depending on your needs.
Addenda Acknowledgment. Each proposal shall include specific acknowledgment of receipt of
all addenda issued during the solicitation period. Failure to so acknowledge may result in the
proposal being rejected as not responsive.
Authorized Simatures. Every proposal must be signed by the person or persons legally
authorized to bind the Proposer to a contract for the execution of the work. Upon request of the
City, any agent submitting a proposal on behalf of a Proposer shall provide a current power of
attorney certifying the agent's authority to bind the Proposer. If an individual makes the
proposal, his or her name, signature, and post office address must be shown. If a firm or
partnership makes the proposal, the name and post office address of the firm or partnership and
the signature of at least one of the general partners must be shown. If a corporation makes the
proposal, the proposal shall show the name of the state under the laws of which the corporation
is chartered, the name and post office address of the corporation and the title of the person
signing on behalf of the corporation. Upon request of the City, the corporation shall provide a
certified copy of the bylaws or resolution of the board of directors showing the authority of the
officer signing the proposal to execute contracts on behalf of the corporation.
Proposal Retention. City reserves the right to retain all proposals for a period of ninety
days for examination and comparison.
Business License. The selected Proposer must have a valid City of Downey Business License
Certificate prior to execution of the contract.
Cancellation Of Solicitation. The City of Downey may cancel this solicitation at any time.
Page 11 of 36
Compliance with Laws. All proposals shall comply with current federal, state, and other laws
relative thereto.
Examination of FFP Documents . It is the responsibility of the Proposer to carefully and
thoroughly examine the documents contained in this RFP. Proposer shall satisfy himself as to
the character, quantity, and quality of work to be performed and materials, labor, supervision or
equipment necessary to perform the work as specified by this RFP. The failure or neglect of the
Proposer to examine the RFP Documents shall in no way relieve him from any obligations with
respect to this solicitation. The submission of a proposal shall constitute an acknowledgment
upon which the City may rely that the Proposer has thoroughly examined and is familiar with the
RFP and the project. No claim will be allowed for additional compensation that is based upon a
lack of knowledge of any solicitation document.
Cost Of Proposal. The City is not liable for any costs incurred by Proposers before entering into
a formal contract. Costs of developing the proposals or any other such expenses incurred by the
Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not
be reimbursed in any manner by the City.
Definition of Terms.. For the purposes of this RFP, the following definitions apply:
a. City of Downey and City - Are used interchangeably and are synonymous with one
another.
b. Contractor - Same as Proposer.
c. Review Committee - A committee established by the City to review, evaluate, and score
the proposals, and to recommend award of the proposal determined by the committee to
be in the best interest of the City.
d. May/Should - Indicates something that is not mandatory. Failure to do what "may' or
"should" be done will not result in rejection of your proposal.
e.Must/Shall - Indicates a mandatory requirement. A proposal that fails to meet a
mandatory requirement may be deemed non-responsive and not be considered for
award.
f. Proposer - The person or firm making the offer.
g. Proposal - The offer presented by the Proposer.
h. RFP - Acronym for Request for Proposals.
i. Submittal Deadline - The date and time on or before all proposals must be submitted.
j. Successful Proposer - The person, contractor, or firm to whom the award is made.
Disqualification of Proposer. If there is reason to believe that collusion exists among the
Proposers, the City may refuse to consider proposals from participants in such collusion. No
person, firm, or corporation under the same or different name, shall make, file, or be interested
in more than one proposal for the same work unless alternate proposals are called for. A
person, firm, or corporation who has submitted a sub -Proposal to a Proposer, or who has
quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub -
Proposal or quoting prices to other Proposers. Reasonable ground for believing that any
Proposer is interested in more than one Proposal for the same work will cause the rejection of
all Proposals for the work in which a Proposer is interested. If there is reason to believe that
collusion exists among the Proposers, the City of Downey may refuse to consider Proposals
from participants in such collusion. Proposers shall submit as part of their Proposal documents
Page 12 of 36
the completed Non -Collusion Affidavit provided herein.
Documents To Be Returned With Proposal. Failure to completely execute and submit the
required documents before Submittal Deadline may render a proposal non-responsive. The
documents that must be returned by the Submittal deadline are listed on the form entitled
"Proposal Documents to be Returned" and attached hereto.
Execution of Agreement. The Successful Proposer will be required to execute an agreement in
the form attached hereto of this RFP and comply with all requirements of said Agreement. In
case of failure of the Successful Proposer to execute and return the contract and all required
documents within the time allowed, the City may, at its option, consider that the Proposer has
abandoned the contract.
Conflict of Interest. Proposer covenants that it presently has no interest, and shall not acquire
any interest, direct or indirect, financial or otherwise, which would conflict in any manner or
degree with the performance of the services hereunder. Contractor certifies that to the best of
his knowledge, no one who has or will have any financial interest under this contract is an officer
or employee of City of Downey
Questions and Comments. Questions and comments regarding this solicitation must be
submitted in writing, either by mail or email to the City of Downey Attention: Assistant City
Manager, John Oskoui or to `oskoui downevea.or , at least five (5) days before the submittal
deadline. Any response will be in a form of an addendum and will be posted to the City's
website. All such addenda shall become a part of the RFP.
Submittal. One original and three (3) copies, as well as an electronic copy must be submitted on
or before the Submittal Deadline. Proposers shall submit one (1) original proposal marked
"ORIGINAL" and all required identical copies. If discrepancies are found between the copies, or
between the original and copy or copies, the ORIGINAL will provide the basis for resolving such
discrepancies. If no document can be identified as original bearing original signatures,
Proposer's proposal may be rejected at the discretion of the City.
Proposal Deadline. Proposals shall be submitted in a sealed envelope and plainly marked on
the outside of the envelope, Building Construction Superintendent for Measure S Infrastructure
and Facilities Improvement Program, Proposer's name and date of submittal of the proposals.
No oral, electronic, facsimile, or telephonic proposals or modifications will be considered.
Proposals received after the scheduled Submittal Deadline will be returned unopened.
Proposals postmarked prior to submittal deadline, but received after the deadline will be
returned unopened. The City reserves the right to extend the Submittal Deadline when it is in
the best interest of the City.
Proposal Modifications. Any Proposer who wishes to make modifications to a proposal already
received by the City must withdraw his proposal in order to make the modifications. All
modifications must be made in ink, properly initialed by Proposer's authorized representative,
executed, and submitted in accordance with the terms and conditions of this solicitation. It is the
responsibility of the Proposer to ensure that modified or withdrawn proposals are resubmitted
before the Submittal Deadline.
Page 13 of 36
Pr000sal Withdrawal. A Proposer may withdraw proposal, without prejudice prior to the time
specified for the proposal opening, by submitting a written request to the Assistant City
Manager, John Oskoui, prior to withdraw, in which event the proposal will be returned to the
Proposer unopened.
Proprietary Information. The original copy of each proposal shall be retained for official files and
will become public record after the award of a contract unless the proposal or specific parts of
the proposal can be shown to be exempt by law.
Page 14 of 36
The following is an outline of the anticipated schedule for proposal review and contract award:
RFP Issued 6/20/2019
Deadline for Submission of Questions 6/26/2019
Proposals Submittal Deadline 7/05/2019
Oral Presentations by Finalists (if required) 7/10/2019
Award Contract 7/23/2019
All proposals, irrespective of irregularities or informalities, will be opened at the time stipulated in
the RFP document. This is not a public opening. A tally of the names will be performed and may
be released upon request. No other information will be released.
The City of Downey reserves the right to postpone the Submittal Deadline and opening of
proposals any time before the date and time announced in the Request for Proposals or
subsequent addenda.
City also reserves the right to waive non -substantial irregularities in any proposal, to reject any
or all proposals, to reject or delete one part of a proposal and accept the other, except to the
extent that proposals are qualified by specific limitations.
The City reserves the right to reject the Proposal of any Proposer who previously failed to
perform adequately for the City or any other governmental agency. The City expressly reserves
the right to reject the Proposal of any Proposer who is in default on the payment of taxes,
licenses or other monies due the City of Downey PROPOSAL REVIEW PROCESS AND
AWARD OF CONTRACT.
Proposals will be evaluated by a Review Committee of City staff using the selection process
described below.
The Committee will evaluate all proposals received in accordance with the Evaluation Criteria.
The City reserves the right to establish weight factors that will be applied to the criteria
depending upon order of importance. The criteria, however, are not listed in any order of
preference. Weight factors and evaluation scores will not be released. The City is not obligated
to accept the proposal with the lowest proposed fee, but will make an award in the best interests
of the City after all factors have been evaluated.
Page 15 of 36
Phase 1 - Written Proposal Review/Finalist Candidates Selection.
The Evaluation Criteria are as follows:
a. Understanding of work required by City of Downey.
b. Quality, clarity and responsiveness of proposal.
c. Qualifications and availability of key persons to be assigned to the contract resulting
from this solicitation.
d. Number of years of experience the Proposer has in this type of business and with
accounts of this size.
e. Demonstrated competence.
f. Experience in performance of comparable work or delivery of comparable goods.
g. Reasonableness of cost.
h. Conformance with the terms of this RFP.
The Review Committee may also contact and evaluate the Proposer's references; to clarify any
response; contact any current users of a Proposer's services; solicit information from any
available source concerning any aspect of a proposal; and seek and review any other
information deemed pertinent to the evaluation process.
Discussions may, at the City's sole option, be conducted with responsible Proposers who submit
proposals determined to be reasonably susceptible of being selected for an award. Discussions
may be for the purpose of clarification to assure full understanding of, and responsiveness to,
the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect
to any opportunity for discussion and written revision of proposals. Revisions may be permitted
after submissions and before award for obtaining best and final proposals. In conducting
discussions, the City will not disclose information derived from proposals submitted by
competing Proposers.
The City reserves the right to further negotiate the proposed work scope and/or method and
amount of compensation. A group of finalist candidates may be selected for follow-up
interviews and presentations.
Phase 2 - Oral Presentations/Interviews and Consultant Selection fat City's discretion).
Finalist candidates may be invited to make a presentation to the Review Committee and answer
questions about their proposal. The City reserves the right to further negotiate the proposed
work scope and/or method and amount of compensation.
Contract award will be based on a combination of factors that represent the best overall value
for completing the work as determined by City, including: the written proposal criteria described
above; results of background and reference checks; and results from the interviews (if any)
and proposed compensation.
A Notification of Intent to Award may be sent to any Proposer selected. Award is contingent
upon the successful negotiation of final contract terms. Negotiations shall be confidential and
not subject to disclosure to competing Proposers unless an agreement is reached. If contract
negotiations cannot be concluded successfully, the City in its sole discretion may negotiate a
contract with another Proposer or withdraw the RFP.
Page 16 of 36
The following forms are included with the RFP and must be submitted with the proposal
document on or before the Submittal Deadline.
UMUTT I RI �& �, •-
• to complete, sign, and return the above proposal forms with your proposal may render
it non-responsive.
Page 17 of 36
hereby declare as follows:
I am of the party making the foregoing proposal that the proposal is not made
in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the proposal is genuine and not collusive or sham; that the
proposer has not directly or indirectly induced or solicited any other proposer to put in a false or
sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with
any proposer or anyone else to put in a sham proposal, or that anyone shall 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, or to fix any overhead, profit, or cost element of the proposal price, or of that of
any 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 has not, directly or indirectly, submitted his or her proposal
price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, proposal depository, or to any member or agent thereof to effectuate a collusive
or sham proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Proposer Signature
By Name_
Title
Organization
Address
Page 18 of 36
am
120INJI961
CITY OF DOWNEY
PROFESSIONAL
WITH
FOR SERVICES
1. Parties and Date.
This Agreement is made and entered into this day of 20 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
, a California [corporation LLC],
with its principal place of business at
("Consultant"). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional [_INSERT TYPE OF SERVICES] 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 (INSERT TYPE OF SERVICES I services to
public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the INSERT TYPE OF
PROJECT I project ("Project") as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
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 [_INSERT TYPE OF
SERVICES I 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 [ INSERT START
DATES to [_INSERT ENDING DATE 1, unless earlier terminated as provided herein.
Page 19 of 36
Consultant shall complete the Services within the term of this Agreement, and shall meet any
other established schedules and deadlines. The term of this Agreement may be extended by
written amendment to this Agreement signed by the City Manager and the Consultant.
3.2 Responsibilities of 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 (CaIPERS) to be eligible for
enrollment in CaIPERS as an employee of City, Consultant shall indemnify, defend, and hold
harmless CITY for the payment of any employee and/or employer contributions for CaIPERS
benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the
responsibility of City.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated
performance to meet the Schedule of Services. The parties acknowledge that the Schedule of
Services may be amended by mutual agreement due to changes in circumstances, including
changes in the performance schedules of other third parties performing work for the City on the
Project, which affect the timing of Consultant's performance of the Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of 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
Page 20 of 36
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 [_INSERT NAME
OF CITY'S REPRESENTATIVE—J, 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 INSERT
NAME OF CONSULTANT'S REPRESENTATIVE_J, 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 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 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.
Page 21 of 36
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 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 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.
(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)
Page 22 of 36
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 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 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,
Page 23 of 36
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 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 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 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.
Page 24 of 36
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the
nature of the work and the conditions under which the work is to be performed. Safety
precautions as applicable shall include, but shall not be limited to: (A) adequate life protection
and life-saving equipment and procedures; (B) instructions in accident prevention for all
employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders,
bridges, gang planks, confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all
safety measures.
3.3 Fees and Payments.
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 "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed L_INSERT WRITTEN AMOUNTS ($INSERT NUMERICAL DOLLAR
AMOUNT—J) 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 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.
[INSERT THE FOLLOWING PARAGRAPH ONLY IF PREVAILING WAGES
WILL APPLY TO THE PROJECT PURSUANT TO DOWNEY MUNICIPAL CODE SECTION
2935 – OTHERWISE, STRIKE THIS PARAGRAPH AND INSERT THE TERM [3.3.5 Reserved]]
3.3.5 Prevailing Wages. Pursuant to Downey Municipal Code Section 2935, the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as
California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which
Page 25 of 36
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 Accounting Records.
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 General Provisions,
3.5.1 Termination of 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 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;
Page 26 of 36
• Suspension of the Project or the Consultant's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause;
• Material changes in the conditions under which this Agreement was entered into,
the Scope of Services or the nature of the Project, and the failure of the parties to reach
agreement on the compensation and schedule adjustments necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such Documents and
Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.5.2 Delivery 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:
Consultant:
City:
Phone:
Fax: ( ) -
Attn:
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) -
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
Page 27 of 36
actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed
in any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require
all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant
by the City. City shall not be limited in any way in its use of the Documents and Data at any
time, provided that any such use not within the purposes intended by this Agreement shall be at
City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
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,
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volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged negligent acts,
errors, omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the Services,
the Project or this Agreement, including without limitation the payment of all consequential
damages and 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.
Page 29 of 36
3.5.8 Governing 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 City's Right to Employ 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.
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 work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement.
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 covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party 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 a 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
Page 30 of 36
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.
3.5.19 Equal 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 Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 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 Subcontracting.
3.6.1 Prior 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.
CITY OF DOWNEY,
Page 31 of 36
a California municipal corporation
and charter city
M
Mayor
m
In
[INSERT NAME]
Page 32 of 36
City Clerk
mgzm=
W M -
Secretary
Page 33 of 36
Page 34 of 36
I ...........
Wn'
Exhibit "B"
RAW04#A"
Page 35 of 36
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Page 36 of 36
City of Downey
City Clerk Office
Building Construction Superintendent for
Measure S Infrastructure and Facilities Improvement Program
Atten: John Oskoui
RE: Request for Proposals - Building Construction Superintendent
for Measure S Infrastructure and Facilities Improvement Progral
Over the last six years I have been the Senior Site Manager for 7 homebuilding projects in Florida and California for
Taylor Morrison Homes.
W.mcn
include commercial retail, low rise, mixed use, marines, golf club and course faces, fitness centers, restaurants,
parking structure and multi and single family residences. I have managed staffs up to 100 people in Arizona,
California, and Florida. My strongest attributes are the ability to manage and motivate staff, make quick sound
decisions based on my experience and produce results on time and within budget projects. In addition, I have the
following certifications: CPR and first aid, Heat Wellness Prevention, OSHA, and SWPPP's.
As you can see, I am well qualified for this position. I can provide my resume upon request. I will provide the
applicable insurance and City license, if selected for the position.
Si cerely,
Harry S. I It Vaal
27806 Gleneagles
Mission Viejo, CA 92692
949-526-3342
h .showardi'ei�y, hok),coll,
- --� .1, '' � --
I
10 r,1l LWj
Tom ie
President of Land Sea Development and former
Vice President of Operations at Taylor Morrison for 29 Years
714-920-3525
Gary Bouch
Vice President of Land Development with Land Sea Development
949-246-7922
Tony Villa
General Superintendent with Taylor Morrison
949-237-8863
R196W
MT -1 fiTEMA, UTETM717-117-117111T i
project is constructed in accordance with plans, specifications, and local codes.
Project Superintendent shall ascertain that contractor's, consultants, and vendors', strict
adherence to approve project schedules as well as to ensure their completion of work within
time allowed.
TrIII ZYC
quality completion of construction.
The Project Superintendent does not have authorization to engage in monetary agreements
(subcontractors, change orders, work authorizations).
All requests for monetary agreements must be communicated to the Project Manager for
consideration prior to work performed.
EXHIBIT "B"
SCHEDULE OF SERVICES
Essential Functions/Major Responsibilities of Superintendents:
• Monitor work of contractors, consultants inspectors, and vendors to ensure timely completion of
projects per approved schedule.
• Perform quality control duties and responsibilities regarding the work being performed.
• Communicate with project team regarding RFI's, and Material Submittal's.
• Ensure that subcontractor is fully executing and complying with the contracted scope of work.
• Coordinate all required inspections.
• Identify contractor's non-compliance with safety, health, and environmental quality standards.
• Identify conflicts in construction progress and communicate them to project team for resolution.
• Maintain daily log (written) of activities on the job -site.
• Perform Superintendent duties at multiple job sites, simultaneously.
• Ensure contractors have corrected all deficiencies identified by project team.
• Walk all unites on project daily to monitor activities and assist in future planning.
• Participate in weekly contractor meetings designed to coordinate the work.
• Issue notices of non-compliance to contractors in regards to quality of work or scheduling.
• Ensure that the job site is always kept in a clean and organized manner.
• Perform job progress and completion punch list identification and completion.
Secondary Functions:
• Assist in budgeting, bidding, and award of contracts.
• Assist in obtaining permits or approval of revisions.
• Gather project material submittal's and maintain records of approvals at the job -site.
• Identify areas of work that are outside of contracted scope
• Preside at pre -construction meeting with each contractors.
• Opening the job -site at beginning of the day and securing the jobsite at the end of the
Contract Price, not to exceed Two Hundred, Forty Thousand Dollars ($240,000.00) in a twelve-month
period.
To be paid monthly in installments of Twenty Thousand Dollars ($20,000.00) monthly commencing
August 1, 2019
Harry S. Howard
27806 Gleneagles
Mission Viejo, Ca 92692
949-526-3342
h.showard@yahoo.com
M
State of California
County of Oranqe
Ui 0"r C' being �i"duly sworn, deposes and sa _Ih I he or
she is -Of "0.0- 5, 14
tify (or declare) u der pen ty of perjury under the laws of the State of California that the foregoing is true
correct.
aturq\
Type or print name
of r
Title
VI
Dat
Subscribed and sworn to (or affirmed) before me on this_day of , 2019,, by
proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me,
S&6 ATT Ac 0 C 3> (seal)
Requestfor Proposals (FP)Program and Project ManagetnentServices
-17-
California Jurat
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
NEMBIM9=
Subscribed and sworn to (or affirmed) before me on this 3rd - day of July 19 , by
***Harry S. Howard***
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
ALEJANDRO CARCIA
Signature (Seal) Notary Public - California
Orange County
Commission # 2258640
MY Comm. Expires Sep 18, 2022
Optional
Though the information below is not required by low, it may prove valuable to persons relying on the document and
could prevent fraudulent removal of this reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
2 # of Pages: G. Document Date:
Signer(s) Other Than Named Above:
z
I certify 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 res*onse
Si natur
IJ
HarDLS. Howard
Typed or Printed Name
ag—le -,.PmUi2LoL
Title I
r)
Company
. Mission Vieio, CA 92692
Address
I I
7/?/AO1q
Date I I
MEN
M
If the Proposer is a corporation, please
provide the corporate seal here: I
Reqnest for Proposals (RFP)Progrant and Project Managensent Services
Building Construction Superintendent for
Measure S Infrastructure & Facilities Improvement Program
City of Downey
City Clerk Office
Thank you for the opportunity to submit our construction management experience, qualifications and pricing
proposal for the Building Construction Superintendent for Measure S Infrastructure and Facilities Improvement
We have selected a team with an abundance of recent experience and a track record of successfully performing
onmajor renovations and infrastructure projects. More importantly, our team ismade upofpeople ready to
integrate seamlessly into the existing program management staff in order to hit the ground running. The CM is
the owner's lost line of defense to ensure you receive the project you are paying for. We understand that and will
work with your staff to ensure that projects are everything you expect them to be.
If there are any questions regarding our proposal, please feel free tncontact Director ofConstruction
Management, Doug Cowan, at 562.725.6835 or via email at doug.cowan@p2sinc.com. As Director of
Construction Management, it will be his responsibility to ensure that the CM team has the resources needed to
successfully do their jobs and to ensure that your needs are being met. We hope the enclosed qualifications meet
your expectations and we look forward to building a long relationship. Please let us know if you have any further
questions orneed any further information.
Sincerely,
1132S Inc.
Kevin Petenmn, PE, F|EEE, F4CEC
President ICEO
(History/Law 9 Society)
University of California
Riverside, CA
Fullerton College, Fullerton,
CA
Certificate In Construction
University, Pomona, CA
Certificate In Project
Management (PMP)
Michael Reza ismnexperienced construction and project management
professional with o auooeaofu| completion track record of construction
project in public facilities, uti|itiea. K-12 schools, higher education,
industrial, entertainment and tenant improvement projects. Experience in
the construction industry has included involvement in conceptual design,
budgeting, construction and project schedule development, contract
documentmtion,00nstruotmbi|itU rev|ew, multi -prime contracting scope
development, LEEUdocumentation, inspection coordination and change
order management.
Los Angeles World Airport, Ontario International Airport Runway 2611-
8L Reconstruction. $33 million. Provided construction management for the
reconstruction of 10,000 feet of runway and improvements to connecting
AN
N Mal M1 INNA-1 Rill I -I
utility improvements, storm drain improvements and site restoration.
Manager for CSULB Design and Construction Services Department for
construction of minor capital improvement and special facilities repair projects.
Responsibilities included monitoring of project budgets, review and monitoring
proqress to ensure compliance with plans. specifications and schedule, provided
processed change order requests for validity and costs and ensure submission
of all required close out documentation. Performed projects under CSU Task
Manager at Risk with Guaranteed Maximum Price (CM at Risk GMP) and
Job Order Contracting (JOC) as established by CSU SUAM (State University
Administrative Manual).
Ange es, CA. $ 246 million. 2009 AIA Building Team of Year Award. Construction
of 11 story, 500,000 square foot building consisting of office spaces for 1900
police personnel, a helipad, Board of Police Commission Hearing room, locker
facilities and two levels of underground parking for approximately 350 spaces.
The project also includes a 400 seat auclitorium,restaurant space, retail space
and street widening. Landscaping includes approximately NO new trees to be
under design -bid -build methodology.
snack bar and restroorn facility, kitchen area upgrades, and new patio area.
El Toro Park Renovations: Large scale park renovation. Improvements included
replacement of the existing tot lot, erosion and sediment control plan, grading,
decorative concrete hardscape, CMU block wall construction, drainage
improvements, landscape and irrigation and the installation of an exercise lot.
Front Street And Orange Street: Improvements project to correct deficiencies
in the condition of the pavement, drainage, pedestrian access and general
aesthetics of the area. Scope of work included construction of new curb and
gutter, asphalt concrete pavement, sidewalks, street lights, access romps, and
P2S affirmatively asserts that it has no negative history of any significant prior or ongoing contract failures, any
within the lost 5 years.
A,ITII II DATE (MMIDD—Y)
CIII CERTFICAE OF LABTY NSURANCE
3 i&20 19
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcylI must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER ACt
Risk Strate Jes Company NAVIF_ . . ...... . .... Risk, Sirateqjus i' nmpany
2040 Main Wtreet, Suite 450 PHONE I 1`0_ —
Irvine, CA 92614 UVCII 9,1.9-242,9240 IkIC, N.1,
EMAIL
PyoungiMpsk-strateglas 4om
INSURER(S) AFFORDING COVERAGE NAIL 0
www risk -strategies cam CA DOI License No OF06675 INSURER A: Citizens Insurance Cc of Am nca 3153A
INSURED INSURER B: Allmerica Financial Benefit Ins Co 41840
P2S Inc.
P2S Engineerin Inc. BINSURER c: The Hanover American Insurance Company 36064
5000 E. Sprin 91., 8th FI. I NSUR E RD: Continental Casualty Cc 20A43
Long Beach PJA 90815 @ INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: � 7404214 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
514A011L 04R Pamcy-w 0dUC4kw7 LIMITS
LIR TYPE OF INSURANCE POLICYNUMBER 01WORIfM� ; MMMONY"l,
A COMMERCIAL GENERAL LIABILITY OB39144846 7/112018 7/1/2019 EACH OCCURRENCE -4- $$1,000,000 7 r,,i P&41fj", -
I CLAMS -MADE i OCCUR $ $1,0001000
__4 -
MED EXP (Any one Person) s$101000
PERSONI INJURY 3$1,000,000
_GEN'LAGGREGATE LIMITAPPLIES PER GENERALAGGIREGATE $$2.000.000
I
IPOLICY IL.'
'/_ PEO RO- PRODUCTS - COMPIOP AGG $$2,000,000
OTHER S
AUTOMOSILFLIABILITY AW39122842 7/1/2018 711/2019
i 3$1,000.000
ANY AUTO BODILY INJURY (Per parson) $
OWNED SCHEDULEDBODILY INJURY (Per accident)
AUTOS ONLY AUTOS
HIREDV NON -OWNED $
AUTOS ONLY ; AUTOS ONLY .1-1i
A UMBRELLA UABOCCUR 0839144846 71112018 711/2019 EACH OCCURRENCE I $4r()00 000
I EXCESS UABI
CLAIMS -MADE[ AGGREGATE $$4,000,000
DEB , V RETFNT70NSO
C WORKERS COMPENSATION VVZ39122627 7/1/2018
71112019 ✓ PER '—
Of
AND EMPLOYERS'UABILITY STATUTE ER
YIN
AP;'PROIHP.4ETC'A',IARr4i�,,f4iLYECUTIVE F—] NIA EL EACHACCIDENT 3$1,000fl00
IM4,ndw-y In NH) E I- nISEASF - FA FMPI:OYrF$ $1 QQQ, pop
If Va., desenthe imd.,
npSCRIPTInN OF OPERATIONS below E L DISEASE - POUCY LIMIT $$1 000000
D Professional Liability AEH288283306 3/712019 3R/2020 Per Claim: $5,000,000
Aggregate: $5,000,000
DESCRIPTION OF OPERATIONS I LOCATONS I VEHICLES (ACORD 101,AddlUanal Remarks Schedule, may be attached If mare space ls required)
This certificate is issued to provide Evidence of Insurance only
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
*Evidence of Insurance* THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUT HORIZEDREIRESENTATIVE
Michael Christian
(D 1938-2015 ACORD CORPORATION. All rights reserved.
ACORD 26 (2016(03) The ACORD name and logo are registered marks of ACORD
47404214 1 19-20 PL, 18-L9 --m-WC I she,i Young 1 3/6/2019 10:02 56 M (PST) [ Page 1 of 1
P2S states that the above insurance as is afforded by this policy shall be primary, and any insurance carried by the City
shall be excess and contributory.
F!r-r-ffn- =A. lrdq -IM-TTYPT, M_
�iVT
City of Long Beach (Prime Consultant)
Sean Crumby, City Engineer
333 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
T: 562.570.6695 E: sean.crumby@longbeach.gov
Capital Improvement Projects (CIP) 2016 - 2021
Providing as -needed Construction Management (CM) services under contract to the
City of Long Beach Department of Public Works.
County of Orange (Sub Consultant)
Scott Dessort, A&E Project Management
1143 E. Fruit Street
Santa Ana, CA 92701
T. 714.667.4924 E: scott.dessort@ocpw.ocgov.com
Maintenance and Capital Improvement Projects (CIP) 2016 - 2021
Providing On -Call Contract Administration and Project Management (PM) services
City of Pasadena (Sub Consultant)
Hayden Melbourn PE, Capital Projects Manager
100 North Garfield Avenue
Pasadena, CA 91109
T: 626.744.7345 E: hmelbourn@cityofpasadena.net
Capital Improvement Program (CIP) 2016 - 2021
Providin-• On -Call Proi
Pasadena Department of Public Works.
City of Los Angeles, Bureau of Engineering
Julie Sauter, PE, Deputy City Engineer
1149 S. Broadway, Suite 700
Los Angeles, CA 90015-2213
T: 213.847.2230 E: julie.sauter@lacity.ol.
Police Administration Building 2005 - 2006
Provided Qrolect
constructilon'which inL;-Lw-cL�-s-oL;t*-w-- -iLicc4:e-"-.%Y.-j-"',;4-t-N-71,*'I:
underground parking.
Los Angeles World Airports (LAWA), Ontario International Airport
Keith Owens, PE, Director of Program Management
1923 East Avian Street
Ontario, CA 91761
Ontario International Airport Runway 26R -8L Reconstruction 2005 - 2006
Provided construction management for the reconstruction of 10,000 feet of runway
and improvements to connecting taxiways.
CityofDowney
1, Kevin Peterson hereby declare as follows:
I anlCEO of p2S|mc. the party making the foregoingproposal that the proposal ionot made
in the interest of or on behalf of any undisclosed parson, padnarship, company, association,
organization, orcorporation; thakthepropooa|iggenuimeandnotcoUuaiveorohonn;1hetUle
proposer has not directly or indirectly induced or solicited any other proposer to put in a false or
sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with
any proposer oranyone else tmput ina sham proposal, mrthat anyone shall 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, or to fix any overhead, profit, or cost element of the proposal price, or of that of
any 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 has not, directly or indirectly, submitted his or her proposal
price or any breakdown thenemf, or the contents theneof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any oorporation, partnenahip, company amsociation,
organization, proposal depository, or to any member or agent thereof to effectuate aom8usive
mrsham proposal.
| declare under penalty of perj underthe laws of the State of California that the foregoing is
true and correct.
Proposer Signature
By Kevin Peterson
' -----
Title President/CEO
Organization P23Inc.
/\ddnene 5OOOESpring St, Suite 8UO,Long Beach, CAPQ815
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