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Item 12 (2)Agenda Item No. Staff Report TO: Mayor and Council Members FROM: Director of Public Works/City Engineer DATE: October 4, 2016 SUBJECT: Approve Issuance of Request for Proposals (RFP) for Construction Management Services, Approve Issuance of Request for Proposals for Project Management Services for Construction of Phase 1 of Potrero Interchange Project, and Approve Contract with Epic Land Solutions, Inc. of Riverside, California with a Not To Exceed Amount of $24,286 for Right -Of -Way Support Services Background and Analysis: On August 16, 2016, City Council authorized staff to proceed with the finalizing of Phase 1 of the Potrero Interchange Project and contracting for the remaining work to be completed. One of the tasks needed to proceed with the Project is to contract for the Advertising, Awarding and Administering (AAA) phase of the Project. Staff identified options of contracting with Caltrans to be the lead for Construction Phases (AAA) of the Project or have City staff oversee the Project through procurement of a qualified construction management firm. Staff contacted Caltrans and requested a cost proposal for Caltrans to AAA the project. Caltrans is estimating the cost of AAA to be $4,759,686. A copy of the Caltrans proposal is attached. Current agreements between the City and Caltrans authorize the City to be the lead for construction phase of the project. To designate Caltrans as a lead agency, those agreements will have to be amended. It also takes slightly more time to proceed with Caltrans as the lead agency. Staff believes that the cost of the City providing the AAA services through a consultant hired by the City will be substantially less and in line with the estimated cost of $2.16 million as shown in the staff report dated August 16, 2016. In addition, no amendments to the existing agreements are required for the City to be the lead for this phase of the Project. Responsibilities of the construction manager will include: • Participate in the pre -construction meeting. Provide the required construction inspection and construction activities oversights per construction cooperative agreement with Caltrans. 0 Provide the required public outreach services. • Provide project expenditure reports to the City's project manager. • Manage preconstruction activities beginning with execution of the contract between the City and Caltrans. • Review master construction schedule, and monitor and update construction schedule. • Participate in weekly construction meetings with the contractor, City, and other involved parties. • Conduct project walk-through(s) and prepare punch list(s). • Maintain proper project files and documentation. • Coordinate the close out of the project. To deliver the construction phase, the City will also need services of a project manager. Responsibilities of the project manager will include: • Coordinate with Caltrans and project stakeholders to ensure successful delivery of the project. • Develop and maintain a detailed financial plan, project phase and fund expenditure. • Develop and maintain a detailed project activity and milestone schedule. • Identify and develop strategies to mitigate project risks. • Prepare / update Memorandum of Understanding and Cooperative Agreements. • Develop consultant scopes -of -work, and negotiate contract language on behalf of the City when necessary. • Monitor and review right-of-way acquisition processes, and coordinate transfer of title to appropriate entity. Work with project proponents to expedite project delivery. • Review and recommend approval of invoices. • Track project cost, schedule and scope. • Track contracts, cooperative agreements, Memorandum of Understandings (MOUs) and resolutions by project. + Maintain detailed financial plan for each project summarized by phase and fiscal year. • Summarize anticipated expenditures over time and, provides tabular and graphical reports to illustrate project costs and schedules. On September 6, 2016, the City Council also approved a Possession and Use Agreement between the City and ASM Beaumont Investors, LLC to acquire approximately 12.4 acres of property south of State Route 60 and East of Jack Rabbit Trail (APN #421-020-003). That agreement provided for possession of the last outstanding easements and rights -of -ways for Phase 1 of the Project. The next step in right of way process is to proceed with right -of - N way certifications with Caltrans. This process requires completion of applicable forms and submittals to Caltrans. On August 16, 2016, City Council also authorized the Interim City Manager to negotiate contracts with the appropriate consultants with a stipulation that any procurement of consultants over $10,000 will require prior City Council approval. Staff has negotiated a price with Epic Land Solutions, Inc. (Epic) of Riverside, California, for a not to exceed amount of $24,286 to provide assistance with right of way certifications. Epic has considerable experience with right-of-way acquisition and certifications for similar projects. Epic's proposal is attached as Exhibit B Fiscal Impact: There is no direct cost associated with issuance of RFPs. Once the proposals are received, staff will bring the proposals and costs to City Council for approval. The budget approved by the City Council for the Potrero Interchange Project Phase 1 includes $500,000 for right- of-way expenses. The $24,286 for right-of-way certification will be funded within the City Council approved budget. Finance Director Revi Recommendations: 1. Authorize the contracting for the AAA phase of the Potrero Interchange Project Phase 1 with the City as the lead agency. 2. Proceed with a Request for Proposal RFP for the project management services for the Potrero Interchange. 3. Proceed with an RFP for construction management services for the Potrero Interchange. 4. Awarding contract to Epic Land Solutions, Inc. of Riverside, California, with a not to exceed amount of $24,286, to provide assistance with right-of-way certifications. City Manager Review: Attachment A. Exhibit A - Request For Proposal's (RFP) B. Exhibit B - Proposal to Provide Right of Way Support Services 3 Exhibit A Request for Proposals (RFP) CITY OF BEAUMONT `i 550 E. Sixth Street, Beaumont, CA 92223 Phone: (951) 769-8518 Fax: (951) 769-8526 REQUEST FOR PROPOSAL FOR PROJECT MANAGEMENT SERVICES FOR SR -60 POTRERO INTERCHANGE CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT Amer Jakher, Public Works Director/City Engineer 550 E. 6th Street - Beaumont, California 92223 (951) 769-8520 E-mail address: aiakher(&-ci.beau mont.ca.us Proposals Due By: 2:00 pm Wednesday, October 26, 2016 RFP Available online at: http://www.beaumontcares.com CITY OF BEAUMONT REQUEST FOR PROPOSAL PROJECT MANAGEMENT SERVICES 1. INTRODUCTION The City of Beaumont ("City") requests written responses to a Request for Proposal (RFP) for selection of a qualified firm ("Consultant") to provide Project Management Services solely for the interest of the City. The Consultant will be filling a project manager role for the City throughout the construction phase of the Potrero Interchange Phase 1 and project oversight responsibilities. 2. PURPOSE The purpose of this RFP is to acquire a Consulting firm for Project Management Services as described in the scope below. All services provided by the Consultant shall be performed by individuals who meet the qualifications, education, and certification/licensing requirements for the position. The successful Consultant shall also have the resources to provide cost effective and timely services, including providing customer service, to the City. 3. THE CITY OF BEAUMONT The City was incorporated in November 1912. The City is located in the westernmost portion of Riverside County and is bounded on the west by Calimesa and unincorporated areas, on the north by the unincorporated County areas (Cherry Valley), on the south by unincorporated County areas and the City of San Jacinto, and on the east by the City of Banning. The land area within the City's boundaries is approximately 26 square miles. 4. SCOPE OF SERVICES The City has described the proposed scope of services in Exhibit A attached to this RFP which is incorporated herein by reference. 5. ADDITIONAL CONSULTANT RESPONSIBILITIES The Consultant shall be responsible for completing the specified services in accordance with the City's Professional Services Agreement (Attachment A). 6. TERM The term of the agreement shall be 2 years. 7. PROPOSAL REQUIREMENTS The proposal shall clearly address all of the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized and contain all information as specified below: Page 1 A. Cover Letter: Maximum of two pages serving as an Executive Summary which shall include an understanding of the scope of services. The RFP shall be transmitted with a cover letter that must be signed by an official authorized to bind the consultant contractually. That letter accompanying the RFP shall also provide the name, title, address, and telephone number of individuals with the authority �o negotiate and contractually bind the consultant. The cover letter constitutes certification by the consultant, under penalty of perjury, that the consultant complies with nondiscrimination requirements of the State and Federal Government. An unsigned proposal or one signed by an individual unauthorized to bind the consultant may be rejected B. Introduction/Information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated. Provide a discussion on how the objectives of the scope of services will be accomplished. Provide the name of the firm submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information is required. Any participating firms and proposed sub -consultants shall be identified and included in the proposal (all sub - consultants must be approved by City prior to signing the agreement with City). C. The firm's approach to delivering the scope of services. Provide a description of the firm's approach to communicating effectively with City staff and officials, other jurisdictional stakeholders, and the public, to facilitate successful delivery of assigned tasks. D. Firm Profile: Provide a description of the firm, including number of professional personnel, years in business, office location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of particular expertise, etc. E. Location of principal office that will be responsible for the implementation of this contract. F. Resume of the Lead Consultant. G. Key Personnel: Provide a summary description of the key personnel who will be involved in this project, their roles and responsibilities, and their experience in similar past projects. The proposal must name a project manager. In addition to this summary, full resumes should be provided. H. Three to five references to include: name, address, contact person and phone number of the company, length of time services were provided, and a description of the services provided. In addition, the Financial Advisor shall provide a statement of the most relevant previous financings. I. Cost Proposal (including hourly rate) for services. This should include a not to exceed fee amount and fee schedule for services and hourly billable costs. There shall be two separate fee proposals, for Phase 1 and Phase 2. J. Any other information which should be considered, such as any special services or customer service philosophy which define your firm's practices. K. The firm will be required to have professional liability insurance including liability at a minimum of one million per occurrence, worker's compensation, and vehicle coverage including comprehensive and collision insurance naming the City of Beaumont as additional insured. The proposal shall state whether such insurances will be in force at Page 2 time of contract execution. 8. Submittal Six (6) bound copies, one (1) unbound copy and one (1) color digital pdf copy of the proposal must be submitted no later than 2:00 pm, Wednesday, October 26, 2016. Postmarks and faxes are not acceptable. Proposals must be titled "RFP Project Management Services." All proposals and questions regarding this RFP shall be directed in writing to: Amer Jakher Public Works Director/City Engineer City of Beaumont 550 E. 6th Street Beaumont, CA 92223 No postmarked proposals will be accepted. Once submitted, proposals, including the composition of the consulting staff, cannot be altered without prior written consent of the City. All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum of 6 pages, using minimum 12 point font size. Electronic copies of the proposal will not be accepted. *DUE DATE FOR QUESTIONS IS OCTOBER 99, 2096 AT 92:O2pm. All questions and answers will be posted on the City's website at under "Doing Business" -- "Bids and RFPs" within one week of the question due date. 9. Confidentiality Prior to proposal submittal deadline, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After proposal submittal deadline all responses will be regarded as public record and will be subject to review by the public. Any language purported to render confidential all or portions of the proposals will be regarded as non effective and will be disregarded. 10. Amendments to Requests for Proposals The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date. 11. Non commitment of City The City reserves the right to reject any and all proposals and to waive informalities and minor irregularities in any proposal reviewed. The City may reject any proposal that does not conform to the instructions provided in this RFP. Additionally, the City reserves the right to negotiate all final terms and conditions of any proposal received before entering into a final contract. 12. Conflict of Interest The consultant shall disclose any personal or professional financial, business, or other relationships with City that may have an impact on the outcome of this contract or any resulting project. The consultant shall also list current clients who may have a financial interest in the outcome of this contract. Page 3 13. Proposal Evaluation/Selection The City intends to engage the most qualified consultant available that demonstrates a thorough understanding of the City's needs. The initial award will be for Phase 1 only. City staff will use the following criteria to evaluate the proposals: 1. Understanding the scope of services Available Points =10 2. Demonstrated professional skill and credentials Available Points =15 3. Related experience Available Points =15 4. Quality of proposal Available Points =10 5. Approach to performing this type of service Available Points =10 8. Plan Check turnaround time(s) Available Points =15 7. Familiarity with City, County, and State procedures Available Points =15 8. References/satisfaction of previous clients Available Points =10 Total Points Available = 100 The City may request a qualification interview with the highest ranked consultant(s) prior to determining the final ranking. This selection will be conducted according to the City's adopted procedures. The City reserves the right to reject any and all proposals. Page 4 EXHIBIT A - SCOPE OF WORK PROJECT MANAGEMENT SERVICES The City of Beaumont Public Works has a need for Project Management Services. The Consultant will be filling a project manager role for the City throughout the construction phase of the Potrero Interchange Phase 1 and project oversight responsibilities. The Consultant should have experience working with various functional units within Caltrans District 8 offices, structures and Caltrans headquarters office engineer; Riverside County Transportation Commission (ROTC), The County of Riverside. In addition, the Consultant should demonstrate experience in project management controls including scope definition and scope control, project scheduling, cost estimating, financial and fiscal management, as well as experience in agency cooperative agreements terms and conditions, developing monitoring reports and performing trend analysis to detect and correct project delivery deficiencies. The Consultant will provide general project document control; develop and reviewing invoices and reimbursements; developing project fact sheets, presentation and other reports and information. The Consultant may be required represent the City, serving as liaison to other agencies, consultants and the public. In this role as an extension to City staff, Consultant must demonstrate and adhere to the highest level of professionalism, ethics and accountability, acting in a responsible, mature and thoughtful manner expected of a public employee. It is anticipated that the Consultant will identify a transportation professional who will be available to the City — up to on a daily basis - as an adjunct to City staff. The Consultant should also be able to demonstrate sufficient depth of expertise to supplement the assigned individual when necessary in resolving complex issues that inevitably arise in delivering transportation projects and programs. The City is in the process of developing a cooperative agreement with Caltrans regarding the construction phase delivery for the project. The City may elect to use a variety of models to deliver its projects and project components, including: 1) partnering solely with Caltrans, 2) use of an integrated team comprised of Caltrans and consultants; or 3) contracting solely with consultants for project development services. The City may also enter into contracts, cooperative agreements or Memorandums of Understanding (MOU) with other public agencies. In all cases the City assigns a Project Manager to organize, coordinate, oversee and monitor the performance of the project team. The Project Manager is responsible to organize a project development team, direct the work of consultants responsible for project components or other deliverables; coordinate with Caltrans for project development oversight, as appropriate; ensure that project and contract schedules, scope and budgets are established and achieved; and to generally ensure that the project is delivered consistent with the requirements of the project. Accordingly, the City requires the following services: The Consultant must identify a single Project Manager who will coordinate with City management and staff to provide routine on-call services as an extension of City staff. It is anticipated that the Project Manager will physically work at the City as needed. A. Responsibilities of the Project Manager include (but not limited): Page 5 1. Coordinate with Caltrans and project stakeholders to ensure successful delivery of the project; 2. Develop and maintain a detailed financial plan, project phase and fund expenditure; 3. Develop and maintain a detailed project activity and milestone schedule; 4. Identify and develop strategies to mitigate project risks; 5. Prepare 1 updates MOU and Cooperative Agreements; 6. Develop consultant scopes -of -work, and Negotiate contract language on behalf of City when necessary; 7. Monitor project budgets, review and recommend approval of invoices, and coordinate/resolve budget issues; 8. Interact with other public and regulatory agencies, utility companies and Caltrans to control project budgets and schedules; 9. Monitor and review right-of-way acquisition processes, and coordinate transfer of title to appropriate entity; 10. Employ project management and project control techniques to ensure projects are delivered within approved scope, schedule and budget; 11. Work with project proponents to expedite project delivery; and, 12. Review and recommend approval of invoices. 13. Maintains project inventory, 14. Tracks project cost, schedule and scope; 15. Tracks contracts, cooperative agreements, MOUs and resolutions by project; 16. Maintains detailed financial plan for each project summarized by phase and fiscal year, including the amounts allocated to planned or executed contracts and agreements; 17. Summarizes anticipated expenditures over time with the ability to segregate expenditures by quarter or fiscal year for budgeting, strategic planning and fund balance management activities; and, Provides tabular and graphical reports to illustrate project costs and schedules. ATTACHMENTS: A. Professional Services Agreement Attachment "A" AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the day of , 2016, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. Street, Beaumont, California 92223 and whose address is ("CONTRACTOR"). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. CITY desires to engage CONTRACTOR to provide ; and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A"; and C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows: 1. Term of_Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Not with standing anything in this Agreement, this Agreement shall automatically terminate after one (1) year unless extended by the parties with the approval of the City Council of the CITY. 2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: and any other services which the City may request in writing from time to time. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates as CONTRACTOR'S professional responsible for overseeing the Services provided by CONTRACTOR. 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY. Page 1 of 10 4. Compensation. 4.01 CITY agrees to pay CONTRACTOR the amount as set forth in the Proposal. CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Not with standing anything in this Section 4, total fees and charges paid by CITY under this Agreement shall not exceed amount to be determined as needed without approval by the City Council of CITY. 4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing. 4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to re -view and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's: a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule; b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct; C. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment. 4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advice CONTRACTOR in writing of the disputed portion. 5. Obligations of CONTRACTOR. 5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect. 5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all 2 personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement. 5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports. 5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision. 5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. 5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval. 5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace. 5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder. 3 6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA. Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance: 6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6. 6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person. 6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents. 6.04 Optional Insurance Coverage. Choose and check one: Required _X_ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY 7. General Conditions pertaining to Insurance Covera e 7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise. 7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 7.03. All required policies shall be issued by a highly rated insurer with a 4 minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY. 7.04 Self-insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY. 7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent. 7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. 8. Indemnification. 8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein. a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged 1.1 to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY. b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 9. Additional Services Changes and Deletions. 9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services. CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing. 9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council. 10. Termination of A2reement. 10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR. 10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY 11. Status of CONTRACTOR. 11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement. 11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, CalPers, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, 31 disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors. 11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 12. Ownership of Documents; Audit. 12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY. 12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY. 12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records. 13. Miscellaneous Provisions. 13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 7 13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy. 13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled. 13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. 13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor. 13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement. 13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR. IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above -written. CITY: CITY OF BEAUMONT wo Mayor 0 CONTRACTOR: IM Print Name: Title: CITY OF BEAUMONT 550 E. Sixth Street, Beaumont, CA 92223 Phone: (951) 769-8518 Fax: (951) 769-8526 REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES FOR SR -60 POTRERO INTERCHANGE CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT Amer Jakher, Public Works Director/City Engineer 550 E. 6th Street - Beaumont, California 92223 (951) 769-8520 E-mail address: aiakher(c�ci.beau mont.ca.us Proposals Due By: 2:00 pm Thursday, October 27th, 2016 RFP Available online at: httR:I/www. beaumontcares.corn CITY OF BEAUMONT REQUEST FOR PROPOSAL CONSTRUCTION MANAGEMENT SERVICES 1. INTRODUCTION The City of Beaumont ("City") requests written responses to a Request for Proposal (RFP) for selection of a qualified firm ("Consultant") to provide Construction Management Services solely for the interest of the City. The Consultant will be filling a Construction Management role for the City throughout the life of the Potrero Interchange. Consultant firms/teams will perform full construction administration and Construction Management services to Advertise, Award and Administer (AAA) a Construction Contract. 2. PURPOSE The purpose of this RFP is to acquire a Consulting firm for Construction Management Services as described in the scope below. All services provided by the Consultant shall be performed by individuals who meet the qualifications, education, and certification/licensing requirements for the position. The successful Consultant shall also have the resources to provide cost effective and timely services, including providing customer service, to the City. 3. THE CITY OF BEAUMONT The City was incorporated in November 1912. The City is located in the westernmost portion of Riverside County and is bounded on the west by Calimesa and unincorporated areas, on the north by the unincorporated County areas (Cherry Valley), on the south by unincorporated County areas and the City of San Jacinto, and on the east by the City of Banning. The land area within the City's boundaries is approximately 26 square miles. 4. SCOPE OF SERVICES The City has described the proposed scope of services in Exhibit A attached to this RFP which is incorporated herein by reference. 5. ADDITIONAL CONSULTANT RESPONSIBILITIES The Consultant shall be responsible for completing the specified services in accordance with the City's Professional Services Agreement (Attachment A). 6. TERM The term of the agreement shall be 2 years. 7. PROPOSAL REQUIREMENTS The proposal shall clearly address all of the information requested herein. To achieve a uniform review Page I process and obtain the maximum degree of comparability, it is required that proposals be organized and contain all information as specified below: A. Cover Letter: Maximum of two pages serving as an Executive Summary which shall include an understanding of the scope of services. The RFP shall be transmitted with a cover letter that must be signed by an official authorized to bind the consultant contractually. That letter accompanying the RFP shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate and contractually bind the consultant. The cover letter constitutes certification by the consultant, under penalty of perjury, that the consultant complies with nondiscrimination requirements of the State and Federal Government. An unsigned proposal or one signed by an individual unauthorized to bind the consultant may be rejected B. Introduction/Information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated. Provide a discussion on how the objectives of the scope of services will be accomplished. Provide the name of the firm submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information is required. Any participating firms and proposed sub -consultants shall be identified and included in the proposal (all sub - consultants must be approved by City prior to signing the agreement with City). C. The firm's approach to delivering the scope of services. Provide a description of the firm's approach to communicating effectively with City staff and officials, other jurisdictional stakeholders, and the public, to facilitate successful delivery of assigned tasks. D. Firm Profile: Provide a description of the firm, including number of professional personnel, years in business, office location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of particular expertise, etc. E. Location of principal office that will be responsible for the implementation of this contract. F. Resume of the Lead Consultant. G. Key Personnel: Provide a summary description of the key personnel who will be involved in this project, their roles and responsibilities, and their experience in similar past projects. The proposal must name a project manager. In addition to this summary, full resumes should be provided. H. Three to five references to include: name, address, contact person and phone number of the company, length of time services were provided, and a description of the services provided. In addition, the Financial Advisor shall provide a statement of the most relevant previous financings. I. Cost Proposal (including hourly rate) for services. This should include a not to exceed fee amount and fee schedule for services and hourly billable costs. There shall be two separate fee proposals, for Phase 1 and Phase 2. J. Any other information which should be considered, such as any special services or customer service philosophy which define your firm's practices. K. The firm will be required to have professional liability insurance including liability at a Page 2 minimum of one million per occurrence, worker's compensation, and vehicle coverage including comprehensive and collision insurance naming the City of Beaumont as additional insured. The proposal shall state whether such insurances will be in force at time of contract execution. 8. Submittal Six (6) bound copies, one (1) unbound copy and one (1) color digital pdf copy of the proposal must be submitted no later than 2:00 pm, Thursday, October 27th, 2016. Postmarks and faxes are not acceptable. Proposals must be titled "RFP Construction Management Services." All proposals and questions regarding this RFP shall be directed in writing to: Amer Jakher Public Works Director/City Engineer City of Beaumont 550 E. 6th Street Beaumont, CA 92223 No postmarked proposals will be accepted. Once submitted, proposals, including the composition of the consulting staff, cannot be altered without prior written consent of the City. All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum of 6 pages, using minimum 12 point font size. Electronic copies of the proposal will not be accepted. *DUE DATE FOR QUESTIONS IS OCTOBER 20, 2098 AT 92:00pm. All questions and answers will be posted on the City's website at under "Doing Business" — "Bids and RFPs" within one week of the question due date. 9. Confidentiality Prior to proposal submittal deadline, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After proposal submittal deadline all responses will be regarded as public record and will be subject to review by the public. Any language purported to render confidential all or portions of the proposals will be regarded as non effective and will be disregarded. 10. Amendments to Requests for Proposals The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date. 11. Non commitment of City The City reserves the right to reject any and all proposals and to waive informalities and minor irregularities in any proposal reviewed. The City may reject any proposal that does not conform to the instructions provided in this RFP. Additionally, the City reserves the right to negotiate all final terms and conditions of any proposal received before entering into a final contract. 12. Conflict of Interest The consultant shall disclose any personal or professional financial, business, or other relationships with City that may have an impact on the outcome of this contract or any resulting project. The Page 3 consultant shall also list current clients who may have a financial interest in the outcome of this contract. 13. Proposal Evaluation/Selection The City intends to engage the most qualified consultant available that demonstrates a thorough understanding of the City's needs. The initial award will be for Phase 1 only. City staff will use the following criteria to evaluate the proposals: 1. Understanding the scope of services Available Points =10 2. Demonstrated professional skill and credentials Available Points =15 3. Related experience Available Points =15 4. Quality of proposal Available Points =10 5. Approach to performing this type of service Available Points =10 6. Plan Check turnaround time(s) Available Points =15 7. Familiarity with City, County, and State procedures Available Points =15 8. References/satisfaction of previous clients Available Points =10 Total Points Available = 100 The City may request a qualification interview with the highest ranked consultant(s) prior to determining the final ranking. This selection will be conducted according to the City's adopted procedures. The City reserves the right to reject any and all proposals. Page 4 EXHIBIT A - SCOPE OF WORK CONSTRUCTION MANAGEMENT SERVICES The City of Beaumont Public Works has a need for Construction Management Services. The Consultant will be filling a Construction Management role for the City throughout the life of the Potrero Interchange Phasel and Phase 2. Consultant firms/teams will perform full construction administration and Construction Management services to Advertise, Award and Administer (AAA) a Construction Contract. The Construction Management roles and responsibilities as stipulated in the Construction Corporative Agreement with Caltrans for the Project. Activities include participating pre-bid conference, monitoring construction and oversights construction activities, reviewing construction change orders for schedule and cost impacts, reviewing and coordinating proposed construction changes that affect project scope, cost, or schedules, and coordinating and providing construction status and project information to the City. The Consultant will assist in the review of construction phasing and staging plans to improve coordination between projects and minimize overall construction durations. Review specific construction performance requirements for lane and ramp closures and for coordination with adjacent projects. Schedule Delay and Claims Review: Provide technical expertise for evaluating contractor requests for contract time extensions and/or schedule delay cost impacts. This will involve the review and analysis of contractor Critical Path Method schedules, determination of possible delay impacts, and a review and analysis of possible entitlement. Provide technical assistance related to the review of construction change orders and potential claims. Services may include change order price analysis, claims evaluation, risk assessment, and productivity analysis. The Consultant will provide a construction manager and sufficient staff to perform cost effective construction administration and inspection services as stipulated in the construction cooperative agreement with Caltrans during the construction of the Project. The selected Consultant will be required to set up and maintain all Project documentation using the Caltrans uniform filing system. Required services shall also include the management and execution of all necessary pre -construction activities, post -construction activities, and all activities during construction including, but not limited to, a pre -construction conference, pre -construction and during - construction photo records, contract administration, construction inspection, construction survey staking and management of all staking requests, soils and materials testing and off-site materials source inspection, management and handling of all contractor submittals and requests for information, daily and weekly reports including weekly statements of contract working days, preliminary and/or final punch -lists, Project records and file transfer to the Authority, and all activities necessary to assist the Authority with the formal acceptance of the Project construction elements by the respective jurisdictional agencies/owners involved with the Project. The selected Consultant will work with Caltrans and identify potential claims throughout the duration of the construction project and provide recommendations to the City about the status of potential claims and financial impact to the City. The selected Consultant will review contractor's construction scheduler to assist Caltrans in making decision of accepting, rejecting, or accepting with comments, the Project contractor's monthly update of the Critical Path Method (CPM) Schedule. Page 5 The selected Consultant will notify and advise the City on the status of the Project schedule and potential impacts to the overall Project completion and acceptance date. Proposed Contract Change Orders (CCOs) to the construction contract will be reviewed and managed by the selected Consultant. The selected Consultant will be required to discuss CCOs with City staff and negotiate proposed CCOs with Caltrans if CCOs impact project scope, cost and schedule. Assist the City to evaluate all necessary documents to successfully award. A. Responsibilities of the Construction Manager include (but not limited): 1. Participate the pre -construction meeting. 2. Provide the required construction inspection and construction activities oversights per construction cooperative agreement with Caltrans. 3. Provide the required public outreach services. 4. Provide project expenditure reports to the City's project manager. 5. Manage Preconstruction activities beginning with execution of the contract between the City and Caltrans. 6. Reviewing master construction schedule, and monitoring and updating construction schedule. 7. Participating weekly construction meeting with the contractor, City, and other involved parties. 8. Conducting project walk-through(s) and preparing punch list(s). 9. Maintaining proper project files and documentation. 10. Coordinating close out of the project. ATTACHMENTS: A. Professional Services Agreement Page 6 Attachment "A" -1- AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the day of , 2016, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. Street, Beaumont, California 92223 and whose address is ("CONTRACTOR"). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. CITY desires to engage CONTRACTOR to provide ; and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A"; and C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows: L Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Not with standing anything in this Agreement, this Agreement shall automatically terminate after one (1) year unless extended by the parties with the approval of the City Council of the CITY. 2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: and any other services which the City may request in writing from time to time. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates as CONTRACTOR'S professional responsible for overseeing the Services provided by CONTRACTOR. 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY. Page 1 of 10 4. Compensation. 4.01 CITY agrees to pay CONTRACTOR the amount as set forth in the Proposal. CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Not with standing anything in this Section 4, total fees and charges paid by CITY under this Agreement shall not exceed amount to be determined as needed without approval by the City Council of CITY. 4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing. 4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15`l`) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's: a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule; b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct; C. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment. 4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advice CONTRACTOR in writing of the disputed portion. 5. Obligations of CONTRACTOR. 5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect. 5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all 0) personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement. 5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports. 5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision. 5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. 5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval. 5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace. 5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder. 3 6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA. Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance: 6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6. 6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR's employees Mll use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person. 6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents. 6.04 Optional Insurance Coverage. Choose and check one: Required _X /Not Required _; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY 7. General Conditions pertaining to Insurance Coverage 7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise. 7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 7.03. All required policies shall be issued by a highly rated insurer with a 4 minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY. 7.04 Self-insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY. 7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent. 7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. S. Indemnification. 8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein. a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged 5 to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY. b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 9. Additional Services, Chances and Deletions. 9.01 In the event CONTRACTOR performs additional or different sen -ices than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services. CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing. 9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council. 10. Termination of Agreement. 10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR. 10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY, 11. Status of CONTRACTOR. 11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement. 11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, CalPers, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, 2 disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors. 11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 12. Ownership of Documents; Audit. 12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY. 12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY. 12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records. 13. Miscellaneous Provisions. 13.01 This Agreement, which includes all attached exhibits, supersedes any and all preN ious agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 7 13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy. 13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled. 13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. 13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor. 13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement. 13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR. EXHIBIT "A" PROPOSAL Exhibit B Proposal to Provide Right of Way Support Services Epic Land Solutions, Ing. 3850 Vine Street, Suite 200 Riverside, CA 92507 Phone: (951) 321-1800 Fax: (951) 321-1836 September 23, 2016 Amer Jakher, Public Works Director, City Engineer City of Beaumont 550 E. 60' Street Beaumont, CA 92223 RE: Proposal to provide Right of Way Support Services for the State Route 60/Potrero interchange Improvements Project Dear Mr. Jakher: Epic Land Solutions, Inc. (Epic) is pleased to assist the City of Beaumont (City) with providing the necessary services under this proposal. Epic Is prepared to move forward with this project once we receive the Notice to Proceed (NTP). PROJECT UNDERSTANDING: The State Route 60/Portero Interchange Improvements Project involves construction of a new interchange and re -aligned Western Knolls Avenue. The project has been designed to provide traffic relief and improve traffic operation. The Project has been partially completed and the City has performed some of the right of way tasks related to the project. Time is of the essence and the City has a goal to certify the project in the next 120 days, so that funding is not jeopardized. The City needs a right of way consulting team to review the files, make recommendations on areas needing attention for Caltrans certification, execute those recommendations in a timely manner. SCOPE OF WORK: Project Management Epic will interface with the City and Caltrans to manage the scope and schedule of the project. Epic will oversee all activities performed under this Contract which include coordination/preparation of meetings, provide periodic progress reports to the City and maintenance/quality control of project files. CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD WWW EpkLww.com Acquisition File Review/Audit Per the Right of Way Data Sheet, our assumption is that there are files for eight (8) property owners that need to be reviewed. Epic will utilize our right of way and Caltrans experience to perform a thorough review of the acquisition files. Our project closeout checklist will assist us in determining whether or not all the appropriate steps have been taken during the negotiation process and all documents, as required by Caltrans, have been obtained so that Right of Way Certification can be achieved. It is assumed that possession of all eight (8) properties have been obtained, but if there are missing documents or clarifications necessary, Epic will work with the City or appropriate party in obtaining what Is needed and reaching a resolution. If additional work is required, Epic would be happy to assist the City with Acquisitions/Negotiations. That service can be provided for an additional fee and is not included in this scope. Utility Relocation Coordination Per the night of Way Data Sheet, our assumption is that there are four (4) utility files that need to be reviewed which include Southern California Edison, Southern California Gas Company, City of Beaumont (Sanitary sewer) and the Beaumont -Cherry Valley Water District. Itis assumed that all the utilities in the project area have been Identified, as -built plans have been obtained and cost liability determinations have been made. Southern California Edison (SCE) will require relocation as part of this project. It is our understanding that the Notice to Relocate has been prepared, SCE provided relocation plans and they have been accepted by design for the conflicts impacted by Phase 1 of the project, however the Utility Agreement has yet to be prepared and executed. Epic will work with SCE In obtaining relocation plans for Phase 2 and obtaining the necessary approval from design. Epic will prepare the Utility Agreement, compliant with Buy America requirements, and work with SCE to complete this task for the conflicts located in both Phase 1 and Phase 2 of the project. We will review and maintain files as provided for in the Caltrans Right of Way Manual, documenting relocations and communications with the utilities involved. Right of Way Certification Currently, the project Is designed to be constructed in two phases. it is assumed that Epic will obtain two Caltrans right of way certifications, level 1 or level 2, for this on system project. Epic will prepare the submittal package that will include the certification form and compilation of the necessary backup documents. The acquisition package generally includes. recorded deeds, final orders of possession, access agreements, cooperative agreements and permits among other documents. Epic's Utility Coordinator will provide the utility portion of the Right of Way Certification documents which include the Notice to Relocate, the approved relocation plans and the executed Utility Agreement. Epic will prepare cost estimates for any utilities as necessary, and incorporate this information into a Right of Way Data Sheet as required by Caltrans. CREATING LAPID SOLUTIONS FOR THE PUBLIC GOOD www.Epicfaa4.awm FEE SCHEDULE: Epic is prepared to provide the work described in this proposal on a not to exceed basis for a total of $24,286. An estimate of fees for the above listed scope is attached. Epic appreciates the opportunity to be of service to the City of Beaumont and we are committed to delivering the best service possible. Please don't hesitate to contact me at (9S1) 321-4740 or KimBibolet@EpicLand.com with any questions. Sincerely, L Kim Biboiet, SR/WA, R/W-NAC Project Manager CC: Casey Overcamp CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www EPkLwW.c" Epic Land Solutions, Inc._ RCTC-SR460/Porterro lnteMha lMPrm*v"G GUMPRIdectProposal 23611-16 �cry M Pr*d Mamgr 5nlotA�t utility tion mo Support - Karen Starr Kim Bibehrt Mike Ham Cards Bibolet Ryan Vila PAPi Burdened labor Rates $205.22 $157.86 $100.24 $114.76 - $42.69 - Acquisition/Relocation Sen9ces; Total Total per Hours Task Project ManaVrnent/PDT Meetings " 4 20 _ - 24 $ gn . Acquisition File Review/Audit (assumesaflies) 16 40 8 64 $6, ,877 Utility File Reulew jassumes 4 flies) $ 20 4 28 $3,097 Utility Relocatlon Coordination `assumes SCE relocation for Phase 1 and Phase 2) 4 32 36 $4,304 Right of Way Certifications 2 6 - 26 20 6 S$ - 12 44 $5,630 196 $23,886 SUBTOTAL - 60 - 60 Other Direct Costs— Mileage _... $250 $150 -- Postage/Overnight Pacica�es - SUB TOTAL OM - -..._.... __..._._._ �._._.._.. _.__ $400 - $24,286 TOTAL SERVICES Task Assumptions; • Assumes 4 POT meetlns will be attended by the PM, 1 per month. • Assumes acquisition services have been completed and deeds/orders of possession have been obtained. _ 'Assumes 8 acquisition flies are _to be reviewed. *Assumes 4 utility $les are to be reviewed. *.Assumes any existing utilities within the state highway right of way have been approved by Caltrans and have a Caltrans Encroachment permit. 'Assumes any high risk utilities can be designed around or protected in place. *Assumes 2 Caitrans Certifications are to be obtained, Sfor each phase.