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ATTENTION: Ryan Smoot, City Manager
FROM: Elizabeth C. Oba, Director of Planning and Building Services SUBJECT: Consideration and possible action to authorize the City Manager to issue a Request for Proposals (RFP) No. PL-2024-01 for Professional Services for Complete In -House Building Division Operations and Fire Plan Check Review and Inspection Services.
DATE: March 25, 2024
EXECUTIVE SUMMARY
This action would authorize the release of a Request For Proposals to seek competitive bids for complete in-house Building and Safety Division operations and Fire plan check and inspection services. For over 20 years, the City's Building and Safety Division Services have been provided on a contract basis as follows: P&D Consultants (2000-2006), BroadSpec (2006-2020), and SafeBuilt (2020-present). In 2019, the City Council authorized the Building Official, or designee, to enforce the Fire Code and BroadSpec provided in-house Fire plan check and inspection services. In early 2020, BroadSpec was acquired by SafeBuilt.
SafeBuilt continues to provide Building and Fire services to the City. While fire services have continued to increase, the services were not specifically called out in Agreement File No. 428 or its subsequent amendments. In addition, there have been personnel changes which have impacted the effectiveness and consistency of the Building and Safety Division.
Lastly, it has been well over 20 years since the last competitive Request for Proposals ("RFP") process for Building Services occurred. For these reasons, it is recommended the City Council authorize the City Manager to issue an RFP for Building and Fire Services.
RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council consider the following:
1) Authorize the City Manager to issue RFP No. PL-2024-01; or 2) Alternatively, discuss and take other action related to this item.
Page I of 3
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Staff Report — RFP for Building Division Operations and Fire Services March 25, 2024
FISCAL IMPACT
The costs associated with these services are generally offset by the fees charged to applicants. Currently, the following funds are allocated in the Building and Safety Contract budget under Account No. 600-42072-4120 for fiscal years 2023-2025:
Annual Budqet
Base Building & Safety contract services $ 720,000
(Offsite) Plan Checks and other services, as needed 1501000 Fire Marshal related services 20,000
Total $ 890,000
Necessary budget amendments will be presented at or after the contract is awarded.
DISCUSSION
Since. 20001 .the City's Building and Safety Services have been provided on a contract basis and were provided by P&D Consultants -from 2000-2006 and BroadSpec from 2006-2020.
Mr. Stephen Patterson served as the City's Building Official from 2000 until 2020 with both P&D Consultants and BroadSpec, of which he was the Associate Vice President and President. In 2019, the City Council authorized the Building Official, Mr. Patterson, to enforce the Fire Code and act as the City's Fire Marshal. BroadSpec then provided both Building and Fire services to the City.
In early 2020, Mr. Patterson sold his company, BroadSpec, to a firm called SafeBuilt. On August 24, 2020, the City Council assigned Agreement File No. 428 from BroadSpec to SafeBuilt to perform building plan check and inspection services and to ratify the City Manager's decision to appoint a new Building Official and Fire Marshal. SafeBuilt has been providing Building and Safety as well as Fire services to the City, which includes permitting, plan checking, and inspection services.
Fire services have increased over the last two years as developers are consistently going through the City's fire review process rather than Los Angeles County Fire Department's process. Upon further review of Agreement File No. 428, the agreement and its subsequent amendments are not specific to the Fire services and the cost associated with it. Currently, Fire Services are being conducted as "additional services" under Section 5(b) of Agreement File No. 428.
Over the last year, there have been personnel changes, including high turnover, with SafeBuilt that have impacted the effectiveness and consistency of the Building and Safety Division. These changes have resulted in Building Services not meeting the expectations of the City and the community. City staff have met with representatives of SafeBuilt to help resolve these issues. SafeBuilt is currently making the necessary changes needed to provide effective and consistent Building and Fire services to the City.
Staff Report — RFP for Building Division Operations and Fire Services March 25, 2024
DISCUSSION — Continued
It is important to note that it has been well over 20 years since the last competitive RFP process for Building Services occurred. Given that it has been over 20 years that the Fire services need to be specified in the Agreement, and that the recent personnel changes have impacted the level of service provided to the City, it is recommended the City Council authorize the City Manager to release a Request For Proposals to seek competitive bids for complete in-house Building and Safety Division operations and Fire plan check and inspection services.
ATTACHMENT
RFP No. PL-2024-01 for Building Division Operations and Fire Services.....................4 —3—
REQUEST FOR PROPOSALS
NO. PL-2024-01
FOR COMPLETE IN-HOUSE BUILDING AND SAFETY DIVISION
OPERATIONS AND FIRE REVIEW AND INSPECTION SERVICES
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RELEASED: MARCH 25, 2024
SUBMITTALS DUE BY: APRIL 25, 2024
CITY OF BELLFLOWER
PLANNING DEPARTMENT
16600 CIVIC CENTER DRIVE
BELLFLOWER, CA 90706
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REQUEST FOR PROPOSALS
Sealed proposals must be- received bef®re 12:00 prn ®n Thursday, April 25, 2024, by the City Clerk's Office for the City of Bellflower, 16600 Civic Center Dr., Bellflower, CA 90706 for complete in-house Building and Safety Division operations and fire plan check and inspection services.
Parties interested in obtaining a Request for Proposals -(RFP) package (at no cost) should contact the:
PLANNING DEPARTMENT
16600 Civic Center Drive
Bellflower, CA 90706
Or via telephone at (562) 804-1424, ext. 2276
Please refer to specifications for complete details and bid requirements. The specifications in this notice are a part of any contract awarded in accordance with this RFP.
Contact:
ELIZABETH C. OBA, DIRECTOR OF PLANNING AND BUILDING SERVICES (562) 804-1424, EXT. 2276
EOBA@BELLFLOWER. 0RG
_5®
City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
CITY OF BELLFLOWER
REQUEST FOR PROPOSALS
PROPOSAL NO. PL-2024-01
PROPOSALS ARE DUE: NOT LATER THAN 12:00 PM THURSDAY, APRIL 25, 2024 The City of Bellflower (City) invites sealed proposals for: Complete in-house Building and Safety Division operations and Fire review and inspection services.
1. Return original of Proposal to:
City of Bellflower
City Clerk's Office
16600 Civic Center Dr.
Bellflower, CA 90706
2. Proposer must honor proposal prices for sixty (60) days.
3. Proposals must include this Proposal form and be signed by the vendor's authorized representative.
4. Award of a contract will be made by the City Council based upon the criteria set forth in this Request for Proposals (RFP) and will be made based upon the best qualified proposer rather than lowest price.
5. Submitted proposals are public records and may be subject to public inspection.
PROPOSER TO READ
I have read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above.
Company
Name (Print)
Company Phone No.
Address
Signature
Title of Person Signing Bid
City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety DMso on Opevations and Fire Review and Inspection Services
PROPOSAL INSTRUCTIONS
1. Submitting Proposals. (a) Proposals must include this form, in its entirety, in a sealed envelope with the wording "Proposal," proposal number and closing date marked on the outside; (b) Proposals/corrections received after the closing time will not be opened. The City is not responsible for proposals not properly marked and delivered. Upon award, all -submissions become a matter of public record.
2. Alternatives. Any changes or alternatives_ must be set forth in a letter attached to this proposal. The City has the option of accepting or rejecting any alternative proposal.
3. Currency. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency.
4. Preparation. All proposals must be typed or written in black ink. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal.
5. Rejection. The City may reject any or all proposals and waive irregularity in any proposal.
6. Default. In case of default by the vendor of any of the conditions of this proposal or contract resulting from this proposal, the vendor agrees that the City may procure the services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City will be considered the prevailing market price at the time such purchase is made.
7. Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment.
S. Sub -contractors. The Bidder must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project.
9. Indemnification. The extent of a successful contractor's obligation to indemnify and defend the City is set forth in the sample contract attached to this RFP.
10. Bonds. When deemed necessary by the City, bid bonds must be furnished by all proposers in the amount of at least 10% of the bid to guarantee that proposers will enter into contract to furnish goods at prices stated. Likewise, a Performance Bond must be required of the successful proposer when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond).
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City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
11. Insurance. This is a contract involving services and the City requires insurance.
Insurance must be primary insurance and must name the City of Bellflower as an additional insured. Proof of insurance in the following amounts must be provided prior to contract signing; liability in the amount of $2,000,000, automotive in the amount of $1,000,000, and worker's compensation in accordance with California law. Specific insurance requirements are set forth in the sample contract.
BIDDERS MUST SIGN AND RETURN EXHIBIT A, INSURANCE
REQUIREMENTS, WITH THEIR PROPOSAL.
12. On -Site Inspection. Aside from the on -site inspection to be conducted during the mandatory pre -proposal meeting, prospective bidders may request to conduct a follow-up on -site inspection. by providing at least 48-hrs advance notice to the City's City Clerk.
13. Proposal Rejection. The City may reject the proposal of any proposer who previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any proposer who is in default of the payment of taxes, licenses or other monies due to the City of Bellflower.
14. Contract Pricing. Except as otherwise provided, price proposals must remain consistent through the term of this contract.
15. Proposal Questions.
Questions should be forwarded on letterhead to:
City of Bellflower
Elizabeth C. Oba, Director of Planning and Building Services 16600 Civic Center Dr.
Bellflower, CA 90706
[email protected]
The last day to submit questions regarding the RFP or to conduct follow-up site visits at the City's facilities will be the Friday (April 19, 2024) before the proposals are due.
16. Signature Verification Form. BIDDERS MUST SIGN AND RETURN EXHIBIT B, SIGNATURE VERIFICATION FORM, WITH THEIR PROPOSAL.
City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
CONTRACT SAMPLE
The successful bidder will be required to enter into the sample contract that is attached as Exhibit "D."
STATEMENT OF WORK AND FORMAT
The City of Bellflower (City) requests proposals for the following purpose according to the terms and conditions attached. In the preparation of this Request for Proposals (RFP) the words "Bidder," "Contractor," "Vendor", "Firm", "Company", and "Consultant" are used interchangeably.
Purpose: The purpose of this RFP is to solicit competitive proposals from qualified firms to provide the City of Bellflower with complete and comprehensive professional services for in-house building and safety operations, as well as fire plan review and inspection services.
2. Proposal Schedule: Following is a tentative schedule of events:
Pre -Proposal Meeting
A pre -proposal meeting will be held at Bellflower City Hall on April 18, 2024 at 16600 Civic Center Drive, Bellflower, CA 90706
Attendance at the meeting is mandatory. No submittal will be accepted from any bidders who fail to attend the pre -proposal meeting. With the exception of questions received at the pre -proposal meeting, all other questions must be submitted in writing via letter or e-mail to:
Elizabeth C. Oba, Director of Planning and Building Services 16600 Civic Center Dr.
Bellflower, CA 90706
[email protected]
3. Proposal Requirements:
Three copies of the proposal must be received by the City as set forth on the first page.
City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
Evaluation of Proposals
The proposals will be reviewed by City staff during the week of May 6, 2024.
Proposals will be evaluated based on the following qualifications criteria:
Evaluation Factor POINTS
1. Contractor's understanding of scope of work..........................................15
2. Contractor's approach to performing the tasks defined in thescope of work.............................................................................15
3.- Capability of firm and key project personnel to handle. the project in terms of workload, experience, and efficient staff utilization .......... 25
4. Meaningful experience providing professional building staffing, plan check, and inspection services and fire plan check and inspection services including demonstrating successful completion of similar services ............................25
5. Cost...........................................................................................20 Total 100
Recommendation to City Council for Contract Award
Interviews of the highest qualified bidders, as determined by the City will be required. The successful contractor will be selected by the City Council based upon the qualifications criteria set forth above and the City's sole discretion. The Council is under no obligation to contract with any applicant.
3. Introduction/Background:
Bellflower is a dynamic, business -friendly city of 6.1 square miles and more than 78,000 residents. Bellflower is a general law city governed by a five -member City Council, which sets policy. An appointed city manager directs the execution of City Council policies. Bellflower is served directly and indirectly by five major freeways (1-605 San Gabriel Freeway, SR-91 Artesia Freeway, 1-105 Century Freeway, 1-5 Santa Ana Freeway, and 1-710 Long Beach Freeway), which provide access to cultural, educational, entertainment, sports, and recreational venues.
The Building and Safety Division is under the Planning Department, which also consists of Planning, and Business License Divisions. Complete in-house building operations have been provided on a contract basis for over 20 years. The Building and Safety Division currently consists of contracted staff as follows: one part-time Building Official, one part-time senior/commercial plan checker, one full-time plan checker, one full-time senior building inspector, one full-time building inspector, one full-time counter manager/permit technician,. and one full-time permit technician. In 2019, the City Council authorized the Building Official, or designee, to enforce the Fire Code. Since then, in-house fire plan check services and inspections have been provided with one contract part-time, as needed fire plan checker/inspector.
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City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
As part of the City's commitment to being business -friendly, the City established a "Self -Certification Program," which is a voluntary program to expedite the issuance of building permits without reducing the building's integrity and still adhering to life and safety requirements. The program is only available to projects designed by Licensed Professionals (Architects and Engineers) who agree to self -certify the building plans and supplemental documents. The program aims to expedite permit issuance by by-passing the typical plan check review process conducted by the Building and Safety Division. More information can be found on the City's website ( www.beliflower.org) .
Projects are reviewed for compliance based on the City's adoption of the 2022 Editions of the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code, the California Referenced Standards Code, and the California Building Standards Administrative Code with certain amendments based upon local conditions.
The Building and Safety Division has maintained a consistent level of building permit activities. Over the last three years, the Division issued an average of 1,094 permits including 53 Accessory Dwelling Units, and 12 self -certified permits per year. Recent construction activities include in -fill projects consisting of residential, commercial, industrial, and mixed -use development. Some of the notable construction projects include a 91-unit mixed -use Transit Oriented Development project, a new Radiology and Oncology Building at Kaiser Permanente, a 122- room extended stay hotel (WoodSpring Suites), and new drive-thru restaurants/coffee shops (Starbucks, Dunkin, Polio Campero).
Currently, all permitting is conducted in person and hardcopies of complete plans are required to be submitted for plan checks. The City is currently looking into obtaining the necessary software to transition to online permitting and plan checking.
4.. Obiective:Click here to enter text.
The purpose of this Request for Proposal ("RFP") is to solicit competitive proposals from qualified firms to provide the City with comprehensive professional contract in-house and on -call staffing, and building and fire plan check services that support the Planning Department.
5. Work Statement: Contractor must be capable of providing the following services:
1. Professional Contract for In -Horse and On -Call Staffing and Plan Check and Inspection Services-
®11—
City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
a. Building Official: The Building Official must: provide in-house and on -call services, be able to supervise contract staff, be able to interpret code provisions, answer questions and address complaints, draft and present code amendments, attend meetings, provide expertise on projects requiring a high level of building and safety expertise, and provide building comments on entitlement applications, subdivision maps, and Temporary Event Permits. The Building Official must also be a divisional liaison with other City Departments/Divisions including, without limitation, Planning Division, Public Works, Public Safety, and Code Enforcement. The Building Official must also provide technical support on inspections and plan checking. b. Senior and Combination Building Inspector(s): The Building Inspector(s) must: provide in-house and on -call services, be able to fulfill daily inspections on projects, prepare inspection lists, coordinate inspections with various Departments/Divisions, communicate clearly with the public at the front counter and in the field, respond to emergency calls in the field, and interpret and follow adopted codes.
c. Permit Technician(s): The Permit Technician(s) must: provide in-house services, be able to provide technical support and administrative duties related to the issuance of permits, and be able to assist customers by phone, email, and at the front counter. The Permit Technician(s) is responsible for routing, tracking, and coordinating interdepartmental plan check reviews and providing building records for Public Records Act requests.
d. Fire Inspector(s): The Fire Inspector must: provide on -call services as needed, be able to fulfill fire inspections including, without limitation, fire sprinklers, fire suppression systems, and temporary events, and respond to emergency calls in the field. The Fire Inspector must be able to interpret and follow the California Fire Code.
e. Building Plan Checker(s): The Building Plan Checker(s) must: provide in- house services, and be able to review plans and supplemental documents (structural calculations, Title 24, geotechnical reports, soils reports, etc.) for compliance with the California Building Codes (Building, Plumbing, Electrical, Mechanical, Green, etc.). Review types include, without limitation, new construction projects (industrial, commercial, mixed -use, and residential), additions, remodels, and reconstruction projects. Reviews include: providing written corrections and corrections requiring code compliance for development projects and entitlement applications The Plan Checker(s) must be able to use plan check review software, and be available to answer plan check questions over the phone, by email, or at the front counter. The Plan Checker(s) must be able to provide prompt review adhering to the following turnaround times:
i. Ten (10) business days for residential projects.
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City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
ii. Fourteen (14) business days for commercial and industrial projects. iii. Other timetables available upon written request of the City.
Fire Plan Checker(s): The Fire Plan Checker must: provide on -call, as - needed services, and be able to review plans and supplemental documents for code compliance with the California Fire Code. Review types include, without limitation, fire sprinkers, fire suppression systems, subdivision maps, entitlement applications, and Temporary Event Permits. Reviews include providing written corrections requiring code compliance for development projects. The Plan Checker(s) must be able to use plan check review software and be available to answer plan check questions over the phone, by email, or at the front counter. The Plan Checker(s) must be able to provide prompt review adhering to the following turnaround times:
i. Ten (10) business days for residential projects.
Fourteen (14) business days for commercial and industrial projects. iii. Other timetables available upon written request of the City.
6. Required Qualifications: The firm and its key staff must have a minimum of five years of experience providing building and fire professional staffing services and professional plan check and inspection services to municipalities of similar size and complexity. In addition, the contract staff must have the qualifications as follows:
a. Building Official: The Building Official must be a Certified Building Official (CBO).
b. Building Inspector(s): The Building Inspector(s) must have, at minimum, a Residential Building Inspector Certification, Commercial Building Inspector Certification, or Combination Building Inspector Certification. c. Permit Technician(s): A Permit Technician Certification is desired for the position. If the Permit Technician is not certified, they must obtain certification within one-year of starting at the City.
d. Plan Checker(s): The Plan Checker(s) must be a Certified Building Plans Examiner.
e. Fire Plan Checker(s): The Fire Plan Checker must be a Certified Fire Plans Examiner.
f. Fire Inspector(s): The Fire Inspector must be a Certified Fire Inspector.
7. Time Schedule:
The initial term of this Agreement will be for a period of three years, ending May 31, 2027.
8. Response Submittal Requirements.
(a) CONTENTS OF PROPOSAL
Bum
City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format will result in elimination from proposal evaluation.
FnRNAAT
Each proposal must be submitted in two parts:
Part I must relate to the Technical Proposal
Part II must relate to the Cost Proposal
PART I - TECHNICAL PROPOSAL [Submit those with boxes checked below] oCover Letter Must include the name, address, and telephone number of the company, and be signed by the person or persons authorized to represent the firm.
XTable of Contents - Clearly identify material contained in the proposal by section and page number.
Dlntroduction - Contents to be determined by contractor. ®Project Analysis - Provide an explanation and interpretation of the challenges identified in this RFP.
oObjective, Scope, Nature of Proposed Program - Describe the overall approach to the challenges, including the objective and scope of work to be performed by the contractor
®Work Program - Describe the work or tasks to be performed. oMethodology - Describe the methodology and techniques to be employed. oProject Management - Describe the proposed management structure, organization of contracting group, and facilities available. ®Assigned Personnel - Identify the principals having primary responsibility for implementing the proposal. Discuss their professional and academic backgrounds.
Provide a summary of similar work they have previously performed. List the amount of time, on a continuous basis, that each principal will spend on this project.
Describe the responsibilities and capacity of the technical personnel involved. —14—
City of Bellflower
RFP No. PL-2024-01 o Complete In -House Building and Safety Division Operations and Fire Review and inspection Services
Substitution of project manager and/or lead personnel will not be permitted without prior written approval of the City.
oSchedule - List the proposed schedule of activities including labor hours. ®Program Monitoring - Describe the quality control procedures to be utilized during the project to ensure conformance with the scope of work. ®City Resources - Describe any City services and staff resources needed to supplement contractor activities to achieve identified objective(s). ®Subcontractors - If subcontractors are to be used, identify each of them in the proposal. Describe the work to be performed by them and the number of hours or the percentage of time they will devote to the project. Provide a list of their assigned staff, their qualifications, relationship to project management, schedule, costs, and hourly rates.
®Contractor Capability and References - Provide a summary of the firm's relevant background experience. Discuss the applicability of such experience to this RFP.
Include examples of projects completed for other similar agencies that are of a similar nature and a contact person for each of those clients. ®Alternative Proposals - Provide statements of alternative proposals, if any, labeled "Alternative Proposal Number One, Alternative Proposal Number Two," etc. The format of each alternative proposal submitted may be abbreviated to address just the following:
a. Work Program
b. Methodology
c. Assigned Personnel
oConflict of Interest - Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of the City. Although the bidder will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal.
PART II - COST PROPOSAL [Submit those with boxes checked below] Name and Address: The Cost Proposal must list the name and complete address of the bidder in the upper, left-hand corner.
Cost Proposal:
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City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
®The Cost/Price format for the proposal must be as outlined in the Agreement for services.
®Total cost must be clearly indicated in the Cost Proposal. oCosts must be itemized per the agreement for services.
Charges for supplies, equipment, travel, and subcontractors will be paid at cost. It is expected that general, overhead, and administrative costs are included in the hourly rate for labor. Bids submitted will be held to the total cost given in the response quote. It will be assumed that all contingencies and/or anticipated escalations are included. No additional funds will be paid above and beyond the original quote given by the selected bidder.
(b) PROPOSAL SUBMISSION
All proposals must be submitted according to specifications set forth in Section 8 (a) - Contents of Proposal and this section. Failure to adhere to these specifications may be cause for rejection of proposal.
I. Signature. An authorized representative of the bidder MUST sign all proposals.
II. Due Date. The proposer must submit THREE (3) complete copies of the proposal in a sealed envelope, plainly marked in the upper, left-hand corner with the name and address of the bidder and the words "Request for Proposals No.
PL-2024-01 Complete In -House Building and Safety Division Operations and Fire Plan Check and Inspection Services."
Late bids/proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date.
III. Addenda. City may modify the proposal and/or issue supplementary information or guidelines relating to the RFP during the proposal preparation period.
IV. Rejection. A proposal may be deemed nonresponsive and may be immediately rejected if:
- It is received at any time after the exact date and time set for receipt of proposals and/or;
- It is not prepared in the format prescribed and/or;
- It is signed by an individual not authorized to represent the firm.
City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
V. , Disposition of Proposals. The City reserves the right to reject any or all proposals. All responses become the property of the City. One copy of the proposal must be retained for City files. Additional copies and materials will be returned only if requested and at the bidder's expense.
VI. Proposal Changes. Once submitted, proposals, including the composition of the contracting team, cannot be altered without the prior written consent of the City. All proposals constitute an offer to the City and may not be withdrawn for a period of sixty (60) days after the last day to accept proposals.
Proposals will be evaluated on the following criteria:
1. Contractor's understanding of scope of work.
2. Contractor's approach to performing the tasks defined in the scope of work.
3. Capability of firm and key project personnel to handle the project in terms of workload, experience, and efficient staff utilization
4. Meaningful experience providing in-house and on -call building and fire professional staffing services and professional plan check services including demonstrating successful completion of similar services.
5. Cost.
During the selection process, the evaluation panel may wish to interview bidders with scores above a natural break, for clarification purposes only. No new material will be permitted at this time.
City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
EXHIBIT A
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability $2,000,000
Professional liability $11000,000
Business automobile liability $17000,000
Workers compensation Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of the most recent ISO-CGL Form Number. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Professional liability coverage must be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," the Consultant must continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated ("extended insurance"). Such extended insurance must have the same coverage and limits as the policy that was in effect during the term of this Agreement, and cover the Consultant for all claims made by the City arising out of any errors or omissions of the Consultant, or its officers, employees or agents during the time this Agreement was in effect.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage.
am
City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
Exhibit A: Insurance Requirements — Continued
The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this form may render the bidder's proposal "nonresponsive." Date
Bidder
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City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
EXHIBIT B
SIGNATURE VERIFICATION FORM
Thank you for doing business with the City of Bellflower. Please note that the City requires verification that the person executing a contract has signature authority. Signature requirements for contracts vary depending on whether a vendor conducts business in the capacity of a corporation, general partnership, limited partnership, or as an individual.
When the contract is with a corporation, California Corporations Code § 313 requires the contract to be signed by: (a) one officer from the corporation's "operational group" consisting of the chairman of the board, the president, or any vice president; and (b) one officer from the corporation's "financial group" consisting of the secretary, or assistant secretary, or the chief financial officer or any assistant treasurer. Alternatively, the board of directors for the corporation can delegate signature authority to a particular individual or individuals. This is generally memorialized in a form of a resolution adopted by the board of directors. When the contract is with a consultant conducting business as a general partnership or limited partnership, the contract should be signed by at least one general partner having authority to enter into the contract on behalf of the partnership.
When the contract is with an individual, that individual must sign the contract.
To ensure that the City's contracts are valid, this Signature Verification Form must be completed by vendors/contractors/consultants providing services to the City of Bellflower.
By completing this form, the person listed below has the authority to sign all legal binding agreements with the City of Bellflower on behalf of the company/organization listed below.
If a corporation, attach a copy of the document demonstrating signature authority to this form.
The City of Bellflower greatly appreciates your cooperation.
Date:
Type of Company/Organization:
Company/Organization Name:
Name:
Title:
Signature:
Please send the completed .form to the following address:
City of Bellflower
City Clerk's Office
16600 Civic Center Drive
Bellflower, CA 90706
&WIS
City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
EXHIBIT C
COST PROPOSAL (REVISE AS NEEDED)
Position Description
Number of
Personnel/Full-Time
or Part Time
Hourly Rate
Total Amount
Item No.
1. $
$
2. $
$
3. $
$
4. $
$
5. $
$
6. $
$
7. $
$
8. $
$
9. $
$
SUBTOTAL:
$
City of Bellflower
RFP No. PL-2024-01: Complete In -House Building and Safety Division Operations and Fire Review and Inspection Services
EXHIBIT D
SAMPLE CONTRACT
[BEGINS ON NEXT PAGE]
WA
AGREEMENT FILE NO. Cflc�� here e to enters teKto
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
Consultant name
FOR COMPLETE IN-HOUSE BUILDING DIVISION OPERATIONS AND FIRE PLAN
AND INSPECTION REVIEW SERVICES
THIS AGREEMENT is entered into this Click here to enter text. day of Click here to enter text. 20Click here to enter text., by and between the CITY OF BELLFLOWER, a municipal corporation and general law city ("CITY") and Consultant name, a type of organization, e.g., corporation, and state of incorporation ("CONSULTANT").
CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Click here to enter text. for CONSULTANT's services. CITY may modify this amount asset forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "Click here to enter text.," which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "Click here to enter text.," which is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated .with curing the deficiencies will be borne by CONSULTANT.
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4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "Click here to enter text.") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY's city manager ("Manager") may determine, at the Manager's sole discretion, that CONSULTANT must perform additional work ("Additional Work") to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. Payments over $Click here to enter text. for Additional Work must be approved by CITY's city council. All Additional Work will be subject to all other terms and provisions of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be performed;
Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
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B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from Click here to enter a date. to Click here to enter a date.. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
A. Completion of the work specified in Exhibit "Click here to enter text."; B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
List exhibits with scope of work first; budget second; and proposal last (all if applicable) _25_
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12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
E. Should the Agreement be' terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section.
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17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, "Documents") under this Agreement are CITY's property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft's Bing Chat, Google's Bard, and Meta's LLaMA (Large Language Model Meta Al), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such Al tools to CITY and representing it as CONSULTANT's original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful _27_
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misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void.
21.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect: to all services and matters covered under this Agreement. CITY will have free access 'at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records: for at least three (3) years after termination or final payment under this Agreement.
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23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance
Commercial general liability
Professional Liability
Business automobile liability
Workers compensation
Limits
$2, 000, 000
$1,000,000
$17000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be m
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placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
G. Self -Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self -insured retention ("SIR") and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY's behalf upon the CONSULTANT'S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
Attention: Click here to enter text
Click here to enter text.
Click here to enter text.
Click here to enter text.
phone
email
If to CITY:
Attention: Click here to enter text.
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
(562) 804-1424
email
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Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations.
28. ❑ This Section applies only if box is checked. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.
29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, 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 CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
30. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be' no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement.
31. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
32. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
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33. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are Click here to enter text.
Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
34. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
35. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
36. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's Manager, or designee, may execute any such amendment on behalf of CITY.
37. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
38. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
39.' TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
40. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
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41. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER
Ryan Smoot, City Manager
ATTEST:
Mayra Ochiqui, City Clerk
APPROVE® AS TO FORM:
Karl H. Berger, City Attorney
ATTACHMENTS:
Exhibit Click here to enter text.
Exhibit Click here to enter text.
Consufltant name
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Taxpayer I® No. enter no.
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