PUBLIC WORKS DEPARTMENT
RFP NO. PW-2025-001
Project Management Services
for the
New Burbank Library and Civic Center Project
PROPOSAL DUE DATE: APRIL 8, 2025
ATTACHMENT 1 - PAGE 1
TABLE O
F CONTENTS
PROCUREMENT SCHEDULE ................................................................................................... 2 ACKNOWLEDGEMENT OF TERMS OF RFP............................................................................ 2
1. CITY INFORMATION ......................................................................................................... 3
2. BACKGROUND ................................................................................................................. 3
3. OBJECTIVE ....................................................................................................................... 4
4. SCOPE OF WORK ............................................................................................................. 4
5. MANDATORY PRE-PROPOSAL CONFERENCE .............................................................. 5
6. QUESTIONS/REQUESTS FOR CLARIFICATIONS ........................................................... 5
7. ADDENDA AND NOTICES ................................................................................................ 5
8. PROPOSAL CONTENT ..................................................................................................... 5
9. PROPOSAL EVALUATION CRITERIA AND REVIEW PROCESS ..................................... 9
10. INTERVIEW PROCESS ................................................................................................. 9
11. REQUIRED DOCUMENTS ............................................................................................. 9
12. COMPLIANCE WITH LAWS AND REGULATIONS .......................................................10
13. TITLE VI SOLICITATION NOTICE ................................................................................10
14. CONTRACT AWARD/PERFORMANCE TERM .............................................................10
16. PUBLIC RECORD .........................................................................................................11
17. CITY’S DECISION IS FINAL .........................................................................................11
18. OTHER SOLICITATION TERMS ...................................................................................11
19. PROPOSAL SUBMISSION ...........................................................................................12
ATTACHMENTS:
ATTACHMENT A – SCOPE OF WORK
ATTACHMENT B – SAMPLE PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT C – ADDITIONAL TERMS AND CONDITIONS
ATTACHMENT 1 - PAGE 2
REQUEST
FOR PROPOSALS (“RFP”)
The City of Burbank (add department or division if desired) is soliciting competitive proposals from qualified firms to contract for:
PROJECT MANAGEMENT SERVICES
for the
NEW BURBANK LIBRARY AND CIVIC CENTER PROJECT
DEPARTMENT OF PUBLIC WORKS
PROJECT NUMBER 24218
PROCUREMENT SCHEDULE
The anticipated schedule for this competitive selection process is listed below. The schedule is subject to change at the sole discretion of the City. Please check our PlanetBids website for the latest schedule.
Procurement Phase Date
RFP Released February 25, 2025
Pre-Proposal Conference (Mandatory) March 10
Deadline for submission of written questions or requests for clarification March 24 Addendum Issued (if necessary) April 1
Proposals Due April 8
Evaluation Period Up to April 18
Interviews Week of April 28
Negotiations with Top-ranked Firm Up to May 8
Recommendation to City Council - Contract Award May 20, 2025
PROPOSALS MUST REMAIN VALID FOR 120 DAYS FROM DUE DATE
ATTACHMENT 1 - PAGE 3
ACKNOWLEDGEMENT OF TERMS OF RFP
By submitting a proposal, Respondent acknowledges receipt of all content of the RFP package as delivered electronically and hereby attests to non-collusion regarding the competitive opportunity and any price submitted. Respondent acknowledges and accepts the terms of this solicitation, including any addenda, which will become part of any resultant agreement, and agrees that the terms as listed will supersede any conflicting contractual terms and/or conditions specified elsewhere. Respondent certifies that the information provided in its submission is complete, including the full disclosure of all sub- contractors, suppliers, joint -ventures, teaming agreements and the like, and that the information submitted is true and accurate to the best of its personal knowledge. Respondent confirms that the signing party is an authorized representative of the entity submitting the proposal and has the individual City to submit this proposal electronically on behalf of the entity and to bind the entity to all information set forth herein.
Date:
Company
Name:
*Authorized Signature Name Title
*Authorized Signature Name Title
*If the contracting party is a corporation, two (2) signatures are required: one (1) signature by either the Chairman of the Board, the President or any Vice President; and one (1) signature by either the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal City of the signatory to bind the corporation.
RETURN THIS COVER PAGE WITH YOUR PROPOSAL – LATE, EMAILED, MAILED, HAND DELIVERED, OR FAXED SUBMISSIONS WILL NOT BE ACCEPTED.
ATTACHMENT 1 - PAGE 4
REQUEST FOR PROPOSALS (“RFP”)
PROJECT MANAGEMENT SERVICES
for the
NEW BURBANK LIBRARY AND CIVIC CENTER PROJECT
DEPARTMENT OF PUBLIC WORKS
PROJECT NUMBER 24218
1. CITY INFORMATION
The City of Burbank was incorporated in 1911 and currently has a population of approximately 105 ,000 residents. The City operates under the Council -Manager form of government. The City’s fiscal year begins on July 1 and ends on June 30.
Burbank is the fourteenth largest city in Los Angeles County and is located northeast of Los Angeles in the foothills of the Verdugo Mountains. Burbank is traversed by the Golden State (5) and Ventura (134) freeways and home to Hollywood Burbank Airport. Burbank is noted for its excellent residential areas, schools, shopping facilities, libraries, parks, hospitals, business environment, and motion picture production companies.
Burbank is one of the most livable cities in Southern California, with beautiful well - established residential neighborhoods, a walkable downtown district, a top-rated school system, and numerous parks and recreational facilities located all within the 17.3 square miles of the City.
The Burbank Town Center mall offers a choice of more than 170 retail shops, restaurants, entertainment venues and lifestyle choices. The Empire Shopping Center is one of Los Angeles’ highest grossing shopping centers and is the go-to destination for major national retailers and great restaurants. Burbank offers a variety of other banking, financial, entertainment and business institutions that increase the daytime population to well over 250,000.
2. BACKGROUND
The City of Burbank’s Civic Center includes the Community Services Building (CSB), Administrative Services Building (ASB), Police and Fire Headquarters (Police/Fire HQ), Central Library (Library), City Hall, and associated parking areas. The Library, built in 1963, was first identified as needing renovation or replacement by the City in 1989. The building’s only significant updates occurred in 1992, which included new carpet and paint, followed by additional systems upgrades throughout the years.
ATTACHMENT 1 - PAGE 5
The ASB houses the City’s Financial Services Department and Management Services Department in a former bank building constructed in 1966. The departments moved into the building in 2001, which was intended to be a temporary location until the new ASB and a replacement Library were constructed, neither of which were ever completed.
The Civic Center is part of a larger 965 acres that is currently being studied through the City’s upcoming Downtown Burbank Transit-Oriented Development Specific Plan (Downtown Specific Plan), which is evaluating redevelopment opportunities and related land use, infrastructure, transportation, pedestrian and bicycle amenities, and opportunities for new housing within the plan area.
It is intended the New Burbank Central Library and outdoor space will become a cultural and intellectual community hub for the residents of Burbank. The design will be based on previous and forthcoming community engagement. The Library will accommodate modern programming including adult, senior, teen and children’s areas, co-working spaces, multipurpose rooms, public art, performance spaces, a coffee shop/café, social services, maker space, media lab, and staff areas. In addition, the Library will be situated adjacent to public open space on the corner of Olive Avenue and 3
rd Street allowing for outdoor programming.
An Update on the New Burbank Central Library and Civic Center Project was provided to the City Council on November 19, 2024 and can be viewed at the following link:
https://burbank.granicus.com/player/clip/10685?view_id=49&meta_id=436912&redirect=true
A Vision for a New Burbank Central Library and the Burbank Civic Center: Detailed Programming Report can be viewed at the following link: https://burbankciviccenter.com .
Currently, the Project consists of:
• A replacement Library of approximately 65,000 square feet (SF); • Functional open space of approximately 52,000 SF;
• Replacement office space for ASB staff/tenants of approximately 20,000 SF; • Replacement of eliminated public parking spaces; and, • Associated infrastructure improvements.
3. OBJECTIVE
The City is seeking a highly qualified consultant with a proven track record of providing comprehensive project management services on similar progressive design- build projects to complete this generational project with the City team. All -inclusive services include refining the Project definition, procuring the progressive design-builder, and providing design and construction management services, among other services as noted herein.
4. SCOPE OF WORK
The selected firm shall provide best -in-class, comprehensive project management (PM) and associated professional services as described in Attachment A – Scope of Services.
ATTACHMENT 1 - PAGE 6
5. MANDATORY PRE-PROPOSAL CONFERENCE
There will be a mandatory Pre-Proposal Conference (Conference) and site visit on March 10, 2025 at 10:00 AM in the Community Services Building (CSB) Conference Room 104 at 150 North 3rd Street. Parking is provided for attendees on site and adjacent to CSB, accessible from Orange Grove and Olive Avenues. At least ONE representative from the Prime consultant Respondent firm must be present at the Conference for a Respondent’s proposal to be considered responsive.
A Project overview will be provided at the Conference and questions will be addressed at that time, or after via PlanetBids if not possible at the Conference. Any changes in the requirements of this RFP that result from the Conference will be made by addendum to this RFP and posted on PlanetBids.
6. QUESTIONS/REQUESTS FOR CLARIFICATIONS
No interpretation or clarification regarding this RFP will be made verbally to any firm. Any inquiries or requests for clarification concerning this procurement must be in writing and submitted through the City’s e- procurement website portal, PlanetBids, via the Q&A tab. Any substantive replies will be issued as a written addendum and posted on PlanetBids. No questions or requests for clarifications will be accepted after 5:00 p.m. on March 24, 2025.
All communications during the procurement process shall be to the exclusive attention of Ms. Karen Little through the PlanetBids portal. Violation of this prohibition shall be grounds for disqualification from consideration for contract award. Questions posted via any other method will not be considered. Questions received after the deadline will not be addressed.
When submitting a request for interpretation via the Q&A tab, Respondents are encouraged to reference the RFP or Attachment page and section pertinent to the question(s).
Respondents shall not rely upon any oral instructions given by the City.
7. ADDENDA AND NOTICES
It shall be the Respondent’s responsibility to check the PlanetBids website to obtain any addenda that may be issued and to receive any information/notices for this project.
8. PROPOSAL CONTENT
The proposal shall be prepared in no smaller than 10-point font and not exceed 30 single- sided pages (15 double-sided) in length. Covers, dividers, table of contents, cover letter, sample insurance certificate, sample agreement acknowledgement statement, and resumes (no more than one page for each team member except for the Project Manager) are not included in the page count.
Proposals not submitted in the manner described herein may be considered non- responsive and be subject to rejection. Each section of the proposal shall be organized and correlated with the following sections:
ATTACHMENT 1 - PAGE 7
I. Cover Letter - two pages maximum and shall include:
a. Respondent’s contact information – provide the name, title, telephone, and email of the contact responsible for communication with the City regarding Respondent’s proposal.
b. Provide a summary of the proposal highlighting why the Respondent’s firm(s) is (are) the City’s best choice to help deliver the Project. Include a statement that if selected, Respondent agrees to execute the attached City of Burbank ‘Consultant Professional Services Agreement’ ( Attachment B), to provide proof of insurance as noted in the agreement, and to obtain and maintain a City of Burbank Business License for the duration of the consultant services. The Cover Letter shall include a statement indicating that the Respondent’s proposed Project Manager is available and fully committed to this effort for the entire duration of the Project.
c. Signature of person(s) authorized to legally bind the entity submitting the proposal.
d. Potential Conflicts: Provide a brief statement as to whether Respondent and/or its team has any potential conflicts that may arise in the performance of the services requested in this RFP.
II. Firm Background
a. Legal name and physical business street address, as well as address of servicing office, if not the same address as Respondent’s headquarters office.
b. Number of years in business under the business name set forth in the proposal; current number of employees.
c. Include a brief description of the organization’s history, capabilities, resources, structure, ownership, size and services.
III. Experience and Past Performance
Provide the prime firm’s and key subconsultant firms’ relevant qualifications and experience over the past 15 years that demonstrates a record of successfully providing the requisite/required services in the Scope of Work to complete progressive design/build projects for public and/or educational facilities similar to the City’s Project.
For Respondent’s three (3) most relevant reference projects, include client names and addresses, names of responsible contact persons with telephone and email contact information. Discuss Respondent’s success in meeting the various projects’ budgets, objectives and schedules.
IV. Project Organization and Key Personnel
Introduce Respondent’s proposed team and provide an organization chart, including subconsultants as applicable. H ighlight each team member’s role and explain the relevance of his/her expertise and experience as it relates to the services.
ATTACHMENT 1 - PAGE 8
Include resumes for the proposed Project Manager (PM) and all key staff members and include reference contact information for public and/or educational clients who can speak to the performance of the PM and Respondent’s proposed team members.
In addition to the PM, key members of the project team shall include those responsible for the following:
1. Tasks related to the procurement of design/build services, including:
a. Drafting Request for Qualifications (RFQ) and Request for Proposal (RFP) b. Procurement support
c. Industry Outreach
d. Evaluation of Statements of Qualification (SOQ’s) and Proposals e. Negotiations through Contract Execution
2. Q uality Assurance (QA)/Quality Control (QC) and Design Management/Oversight
3. Project Controls (Budget/Cost/Schedule)
4. Cost Estimating
5. Financial Support Services
6. Risk Management
7. Safety Management
8. Construction Management
9. Public Outreach/Stakeholder Engagement
10. Commissioning and Operations & Maintenance
11. Other suggested or recommended services
Respondent shall demonstrate the availability of all key staff of the proposed service team and estimated percentage of time each is committed to the project.
The PM and Lead staff assigned to the project shall not be changed during the duration of the project without the advance written approval of the City.
V. Project Understanding and Approach
` Respondent shall provide its understanding of the Project and experience delivering projects under the Progressive Design-Build delivery method, and detail risks specifically associated with this delivery method. Respondent shall describe mitigation techniques to minimize those risks and how it would implement described techniques to ensure successful delivery of the Project.
Provide an understanding and approach/workplan on the following:
• Describe in detail how Respondent will establish and provide the required services in an exceptional manner. At a minimum, Respondent must address how it will perform and deliver the services outlined in Attachment A – Scope of Services and identify any additional services necessary to successfully deliver the Project in cooperation with the City team.
• Describe techniques or processes to control scope growth during design development.
• Describe how to maintain City and other stakeholder engagement throughout the Project’s design/build process and how input will be considered during design development.
ATTACHMENT 1 - PAGE 9
• Describe how future operations and maintenance considerations will be incorporated into the Project’s design/build process and how input will be considered during design development.
• Discuss any issues and challenges, especially those specific to progressive design- build delivery, and approach to mitigate and/or resolve these issues.
Provide any applicable sample report in the Appendix demonstrating how relevant key performance indicators, milestones, cost and schedule tracking information, or other applicable metrics to the Scope of Work are communicated to the City and/or stakeholders on a regular basis.
VI. Cost Proposal
Cost proposals must be submitted electronically in Planet Bids, in a separate file entitled “COST PROPOSAL – New Burbank Library and Civic Center Project – PM Services”. Cost proposals will only be evaluated during the interview stage and will not be used during the City’s initial evaluation of written proposals. Cost proposals for consultants not moving on to the interview phase will not be viewed. Cost proposals will be viewed and considered for Respondents who are selected to participate in the interview phase.
The duration of the contract is anticipated to be three (3) years and will be executed via a series of task orders as noted below in Section 15. Cost proposals submitted as part of this procurement shall be considered estimates for the purpose of this qualifications - based selection process.
Cost estimates shall account for each service listed in Attachment A - Scope of Services, as well as any additional services identified by Respondent in Respondent’s proposal to complete the Project. The cost proposal shall be prepared in accordance with the Task Order sections below and Attachment C – Additional Terms and Conditions , which provides guidance on labor rates and multipliers.
LOADED HOURLY RATES for all staff in the Organization Chart and the Cost Proposal shall be provided in the Appendix of the Respondent’s proposal. The hourly rates do not need to show all the information required per Attachment C, which will only apply to the actual COST PROPOSAL submitted separately.
VII. Professional Services Agreement Acknowledgment Statement
A sample Professional Services Agreement (“PSA”) is set forth as Attachment B.
Respondent must include in its proposal a sample agreement acknowledgment statement indicating either: (i) Respondent will execute the sample agreement as presented; or (ii) Respondent objects to language in the sample agreement. If Respondent objects to any language contained in the sample agreement, then Respondent must identify the contested contract language and shall submit alternate contract language for consideration.
The scope, nature, and severity of the alternative contract language submissions (particularly as it relates to the indemnification requirement) may result in a reduced score.
The City reserves the right to alter the sample agreement after selection of a f irm with notice and consultation with the proposed awardee.
ATTACHMENT 1 - PAGE 10
Provide a sample certificate of insurance which verifies that required insurance coverage will be met. The requirements are listed in Exhibit C of the PSA.
9. PROPOSAL EVALUATION CRITERIA AND REVIEW PROCESS
Respondents’ written proposals will be evaluated/scored using the following Selection Criteria and based on the information contained in a complete proposal:
SC-1 Firm’s Experience, Background and Past Performance: (20 points)
SC-2 Qualifications of Proposed Project Team: (30 points)
SC-3 Understanding and Approach: (50 points)
The City may contact recent clients and references for information and verification of experience and past performance, and Respondent expressly consents, releases from all liability and holds the City harmless in all respects, with respect to the City making such contacts. The City may obtain background information from other sources, such as Dunn and Bradstreet.
10. INTERVIEW PROCESS
Following the initial evaluation of written proposals, the top ranked Respondents will be invited to participate in oral interviews. Instructions regarding the oral interview will be provided at the time of invitation. The Project Manager and up to six (6) key team members shall attend the interview. Interviews are conducted to clarify and evaluate the Respondent’s:
• Project Manager and Key Personnel (20 points)
• Understanding of the Services Required per Attachment A - Scope of Services (20 points)
• Approach to defining, designing, constructing and commissioning (20 points) • Stakeholder Outreach, Communication and Coordination processes (10 points) • Potential Issues and Challenges (20 points)
• Proposed Cost and Rates (10 points)
11. REQUIRED DOCUMENTS
All proposals must include complete information as required in Section 8 ( Proposal Content) to be considered for evaluation. Failure to submit information in accordance with this RFP’s requirements may be cause for rejection of the proposal.
ATTACHMENT 1 - PAGE 11
12. COMPLIANCE WITH LAWS AND REGULATIONS
The selected proposer(s) are required to comply with all relevant local, state, and federal laws, codes, ordinances, and orders. If the selected proposer outsources any work or job to a subcontractor it will be the proposer’s responsibility to ensure that all subcontractors meet the requirements set forth in this RFP and the resultant PSA.
13. TITLE VI SOLICITATION NOTICE
The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all firms that it will affirmatively ensure that for any contract entered into pursuant to this RFP, disadvantaged business enterprises will be afforded full and fair opportunity to submit responses to this RFP and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
14. CONTRACT AWARD/PERFORMANCE TERM
The City anticipates that the final scope of work, schedule, and fee will be negotiated with the top-ranked firm. If an agreement cannot be reached with the top-ranked firm in a reasonable amount of time, negotiations may begin with the next highest-ranking firm until an agreement is reached, which will result in a recommended contract award by staff to the City Council.
The performance term will only commence after City Council award of the contract and City’s issuance of a written Notice to Proceed (“NTP”).
15. TASK ORDERS
The contract term (“Term”) is anticipated to be approximately three years from NTP issuance. As with most projects of this size and complexity, the required services will vary throughout the duration of the T erm. As a result, the City will issue individual Task Orders throughout the Term to refine specific tasks.
The City will work with the consultant to issue Task Orders. Upon City’s request for a particular requested deliverable, the Consultant’s PM will present a detailed scope, hours allocation by tasks, completion schedule, and identification of what firm resources will be utilized to complete the needed or proposed deliverable. City staff and the PM will negotiate the detailed scope, schedule and cost and upon mutual agreement, the City will issue a Task Order (on a time and materials, not-to-exceed basis) authorizing work on the defined deliverable to proceed.
No work shall commence without a corresponding Task Order executed by the City and the PM. A copy of each fully executed Task Order is required to be attached to invoices submitted to the City for payment. Additional specific Application for Payment instructions will be provided to the selected Respondent when the PSA is presented for signature.
At a minimum, the final scope of work for the contract will include the following phases of work with individual Task Orders issued to refine each phase, along with other Task Orders as may be necessary:
1. Project Definition and Procurement of Progressive Design Builder (six months)
2. Design and Pre-Construction Support Services (one year)
3. Construction Phase Support Services (1 ½ years)
ATTACHMENT 1 - PAGE 12
16. PUBLIC RECORD
a. All records, documents, drawings, plans, specifications, and other materials submitted by proposers in its proposal and during the course of any work awarded shall become the exclusive property of the City and may be deemed public records and subject to the provisions of the California Public Records Act (Government Code §§7920.000 et seq.). The City’s use and disclosure of its records are governed by this law.
b. The City will accept information clearly labeled “TRADE SECRET”, “CONFIDENTIAL,” or “PROPRIETARY” as determined by the submitting party in accordance with the California Public Records Act. The City will endeavor to inform the submitter of any request for the disclosure of such information. Under no circumstances, however, will the City be responsible or liable to the submitter or any other party for the public disclosure of any such labeled information. Proposers that indiscriminately identify all or most of their proposal as exempt from disclosure without justification shall, at the City’s discretion, be deemed non-responsive. c. The City will not advise as to the nature or content of documents entitled to protection from disclosure under the California Public Records Act, including interpretations of the Act or the definitions of “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY”. d. If litigation is brought under the Public Records Act concerning documents submitted in response to this RFP, the proposer(s) who submitted such documents shall indemnify, defend and hold harmless the City in such litigation.
17. CITY’S DECISION IS FINAL
For professional services solicited in accordance with Burbank Municipal Code Section 2- 2-102, the City’s selection of a consultant to provide the professional services outlined in this RFP shall be final and no person or entity may protest the City’s selection.
18. OTHER SOLICITATION TERMS
a) The City reserves the right to negotiate and may request clarifications on all associated items as part of its evaluation prior to contract award.
b) The City reserves the right to evaluate the qualifications of any Respondent, based on experience and past performance, technical ability, suitable and appropriate credentials, and the overall capability of the company to perform the required scope as it deems in its best interest.
c) The City reserves the right to cancel this RFP process, or to reject any and all proposals, for any reason at its sole discretion, at any time prior to contract award, and/or to waive any informalities or technical defects as the interests of the City may require.
d) Respondents shall bear their own proposal preparation and, if required, interview-related costs.
e) Proposals shall be valid for acceptance by the City for 120 days from the proposal due date.
ATTACHMENT 1 - PAGE 13
f) This solicitation is not a commitment to contract, nor a promise or an authorization to purchase required resources, nor does it require commencement of any order or project.
g) Each proposer shall include in the proposed price any patent fees, royalties, licenses and charges on any patented article or process to be furnished or used in the prosecution of the Work.
h) Proposed prices shall include all federal, state, local and other taxes.
19. PROPOSAL SUBMISSION
Proposals shall be submitted electronically to the City by uploading to the PlanetBids website ( https://pbsystem.planetbids.com/portal/14210/portal-home) by 4:00 p.m. on April 8, 2025. Late, emailed, faxed, or hand delivered submissions will not be accepted.
Proposals shall be addressed to:
City of Burbank, Purchasing Division
Attention: Karen Little, Buyer II
Ref: RFP No. PW-2025-001 & Project Management Services for the New Burbank Library and Civic Center Project (Project No. 24218)
305 E. Olive Avenue, Suite 305
Burbank, CA 91502
Select “Place e- Bid” to enter bid information. All information is visible only to the Respondent. Data may be “saved” (preliminary) or “submitted” (final), revised and withdrawn up to the closing deadline. Respondent will receive a confirmation after final “submitting” of an e-bid.
Proposals must be successfully and completely uploaded and e- bid confirmation received by submitting party prior to deadline. Therefore, plan response time accordingly. Respondents are cautioned to completely check their proposal for accuracy prior to submission. The City strongly recommends that each Respondent research the “Place E-bid” tab prior to submission in order to understand how the components of the response (i.e., proposal) are to be uploaded in the General Attachments and Response File tabs.
Reminder: The Proposal and Cost Proposal must be uploaded as separate files.
Please contact PlanetBids directly at 818- 992-1771 for technical assistance with your submission, as the City does not have access to the Vendor Portal.
RFP Attachments (all are incorporated by reference herein):
Attachment A: Scope of Services
Attachment B: Sample Professional Services Agreement
Attachment C: Additional Terms and Conditions
ATTACHMENT 1 - PAGE 14
ATTACHMENT A
Scope of Services
Consultant will provide full Project Management (“PM”) services to the City for the New Library and Civic Center Project (“Project”). The PM services shall support planning, procurement, administration, design and construction oversight activities related to the Project. To the extent not already covered in this Scope of Services, s pecific services will be authorized and refined during the term of the contract via Task Orders. The PM’s services will generally be divided into three performance Phases:
1. Project Definition and Procurement of Progressive Design Builder
2. Design and Pre-Construction Support Services
3. Construction Phase Support Services
Phase 1: Project Definition and Procurement of Progressive Design Builder Services • Review existing Project documents, public presentations, and Build Forward grant from the California State Library
• Assist the City in clearly defining the scope of the Project including new library, offices for the Management Services and Financial Services Departments, and outdoor programming space.
• Review existing Project documents, including grant documents, to confirm Project understanding; assist in preparing Project schedule including milestones, major activities, and deliverables. The Project schedule must account for applicable grant funding deadlines, as well as City financing efforts.
• Preparing the Request for Qualifications/Request for Proposals (RFQ/RFP) documents for the Project design-builder, including but not limited to:
o Instructions
o Performance Specifications and Technical Requirements o General Conditions
o Conducting Industry Day(s) to disseminate Project information and garner interest o Responding to Requests for Information (RFI)
o Participating in review of SOQ’s and Proposals
o This Project is partially funded with grant funding. All procurement documents and resulting agreements must comply with and include applicable grant requirements. • Financial Support Services shall include but are not limited to:
o Developing cost controls and reporting procedures
o Establishing the Project budget, budget drivers and prepare cost estimates o Advise City on recommended timing and other strategy for financing efforts. o Assist with bond funding process and/or grant applications and management, as applicable.
Phase 2: Design and Pre-Construction Support Services
• Provide design oversight services and facilitate the design review process, including quality assurance and quality controls.
• Assist and participate in the public outreach process during design development; coordinate as appropriate the input from City staff, third party stakeholders, and the public. • Provide experienced technical professionals in the various disciplines to conduct design reviews and provide input to the design builder, including operations and maintenance.
ATTACHMENT 1 - PAGE 15
• Initiate and maintain Project cost, schedule and budget status, report deviations to the City and resolve issues.
• Provide expert decision -making support related to cost/benefit analysis and value engineering.
Phase 3: Construction Support Services
Portions of the scope under this phase may run concurrently with the requirements of Phase 2.
• Stakeholder coordination and general public outreach activities during construction • Quality assurance and quality control activities
• Contract administration
• Project controls – budget, cost and schedule
• Constructability reviews
• Construction phasing and safety reviews
• Commissioning, Start-Up and Close Out services
o Ensuring operational readiness of the new Library and applicable Open Space infrastructure
o All permits finalized and occupancy certificates obtained o Support with transition from existing to new Library
o Ensuring accurate As-Built/Record Drawings are completed o Assist with closeout process for any existing grants
General Services
• Assist the City in implementing appropriate risk management mechanisms, including insurance and bonding requirements.
• Assist the City in coordinating with other organizations, such as utilities and permitting agencies, to secure all necessary services and approvals. • Represent the City in managing and complying with the City's contracts with the chosen Progressive Design-Build Team , as well as grant funding agreements (including the awarded Build Forward grant from the California State Library and any other outside funding agreements).
• Act as the catalyst between the City and the Progressive Design-Build Team, and others, during all project phases to ensure the City’s goals for the project are met.
ATTACHMENT 1 - PAGE 16
ATTACHMENT B
Sample Professional Services Agreement
ATTACHMENT 1 - PAGE 17
PROFESSIONAL SERVICES AGREEMENT
by and between
THE CITY OF BURBANK
and
[INSERT CONSULTANT LEGAL NAME]
dated as of [Insert Effective Date from Next Page]
ATTACHMENT 1 - PAGE 18
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”), is made and entered into this [<day>] day of [<month>], [<year>] (the “Effective Date”), by and between THE CITY OF BURBANK, a municipal corporation (the “ City”) and [<CONSULTANT LEGAL NAME>] (the “Consultant”). The City and the Consultant are herein referred to, individually, as a “Party”, and, collectively, as the “Parties”.
City and Consultant agree as follows:
1.0 Services. Consultant, as an independent contractor, agrees to perform during the term of this Agreement, each and every service described in the “Scope of Services” set forth on Exhibit A to this Agreement (the “Scope of Services”). The initiation of service by the Consultant should not commence until all of the following conditions have been satisfied:
(a) Consultant has furnished all of the insurance documents required by Section 10.0 below; and
(b) Consultant has furnished any required supporting
documentation required by Sections 16.0 below.
(c) Consultant shall perform each service within the Scope of Services only to the extent of the specific written authorization or notice to proceed provided by the City Project Manager, which shall direct the Consultant to proceed with the services listed in the Scope of Services, or any portion therein. To the extent that the Scope of Services involves more than one service, Consultant shall only be entitled to payment for services upon City Project Manager’s written authorization or notice to proceed with s uch service. The services of the Consultant shall include the making of all investigations, studies, and analysis required by the conditions involved in each request of the City Project Manager. The Scope of Services shall not be modified without an amendment executed by the authorized representatives of each Party.
ATTACHMENT 1 - PAGE 19
1.1 Extra Services
Unless City and Consultant have agreed in writing before the performance of extra services that are beyond the Scope of Services, City shall have no liability for such extra services and Consultant shall have no right to claim compensation for such extra s ervices or expenses. The applicable hourly rates for authorized extra services shall be at the hourly rates set forth in the Schedule of Compensation (Exhibit B) unless otherwise agreed to by the parties in writing.
2.0 Term of Agreement; Termination.
2.1 Term. The term of this Agreement is from the Effective Date until [Insert End Date]; provided, however, that the term of this Agreement may be extended by written amendment executed by authorized representatives of each of the Parties or may be earlier terminated as provided in Section
2.2 below (the “Term”).
2.2 Termination by City. The City may terminate any or all of the services agreed to be performed under this Agreement without cause, at any time during the Term by giving the Consultant thirty (30) days’ notice in writing.
Either party may terminate this Agreement with cause, immediately upon giving the other party written notice of such default or breach of this Agreement that is the basis for the termination.
2.3 Effect of Termination. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination s hall be payable by City to Consultant within thirty (30) days following submission and approval of a final invoice by Consultant unless termination is for cause. In the event that such termination was for cause, Consultant shall be compensated only to the extent required by law.
3.0 Compensation and Schedule of Compensation . The total compensation (including, but not limited to all fees, expenses, reimbursements or other costs) payable by the City to the Consultant under this Agreement shall not exceed the sum of $[<Amount of Cost of Service >] (the “Cost of Services”) . The Cost of Services shall not be increased without a written amendment executed by the authorized representatives of each Party. Consultant shall earn the compensation set forth in the Cost of Services in accordance with the “Schedule of Compensation” as attached to this Agreement as Exhibit B. No payment for expenses, labor or any other cost shall be paid to Consultant unless it is within the Scope of Services (Exhibit A).
3.1 If this Agreement has been directly approved by the City Council, the City Council hereby authorizes the Designated Official to increase the Cost of Services in an amount not to exceed [Contingency Amount].
ATTACHMENT 1 - PAGE 20
4.0 Personnel.
4.1 The staff person designated by Consultant to be the primary point of contact (the “Representative”) for day -to-day performance of this Agreement shall be:
[<Representative Name>]
[<Representative Title>]
[<Representative Address>]
[<Representative Telephone>]
[<Representative E-mail Address>]
Representative shall be a key member of Consultant’s firm, and shall be directly involved in performing, supervising or assisting in the performance of the Scope of Services under this Agreement. The Representative shall be the key person to communicate w ith, and periodically report to, City on the progress of the work. The Consultant may, from time to time, remove or replace the Representative designated in this Agreement only with prior written consent by the City’s Designated Official.
4.2 The services to be performed by Consultant shall be accomplished under the general direction of, and coordination with, the staff person designated by the City serving as the project manager (the “City Project Manager”). The City Project Manager designated by the City for day-to- day administration of this Agreement shall be:
[<City Project Manager Name>]
[<City Project Manager Title>]
[<City Project Manager Address>]
[<City Project Manager Telephone>]
[<City Project Manager E-mail Address>]
The City may, from time to time, remove or replace the City Project Manager designated in this Agreement by written notice to Consultant.
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The City Project Manager has no authority to execute any amendments, consents or waivers on behalf of the City.
4.3 With respect to matters that extend beyond the day-to-day administration of this Agreement, the City designates the [<Department Head’s Name and Title>, <Name of Department>] (the “Designated Official”) to handle such matters.
[<Designated Official Telephone>]
[<Designated Official E-mail Address>]
5.0 Invoicing and Payment. Consultant shall provide City with written verification of the actual compensation earned, which written verification shall be in a form reasonably satisfactory to the City Project Manager. Invoices shall be made no more frequently than on a monthly basis and no less frequently than every 60 days, and shall describe in reasonable detail the work performed (including a list of hours worked by personnel classification) together with any receipts, invoices or other documentable expenses that are reimbursable under the Schedule of Compensation. All payments shall be made within thirty (30) days after City’s approval of such invoice.
6.0 Standard of Skill. Consultant, and Consultant's officers, employees and agents, if any, are skilled in the professional calling necessary to perform the work agreed to be done pursuant to this Agreement. The work performed by Consultant shall be with the degree of skill a nd diligence normally practiced in the industry for which Consultant is being retained by the City. To the extent that Consultant’s industry is subject to guidelines, rules or other standards, Consultant shall ensure that it complies wit h such guidelines, rules or other standards. The accep tance of Consultant's work by the City shall not operate as a release of the Consultant from such standard of care and workmanship.
7.0 Independent Contractor. Consultant is retained and engaged by the City only to the extent set forth in this Agreement, and the Consultant's relationship to the City is that of an independent contractor. Consultant shall be free to dispose of all portions of Consultant's time and activities which Consultant is not obligated to devote to the City in such a manner and to such persons, firms, or corporations as the Consultant sees fit except as expressly provided in this Agreement. Consultant shall not be considered to have the status of an employee under this Agreement or be entitled to participate in any insurance, medical care, vacation, sick leave, or other benefits provided for City's officers or employees. Consultant shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the performance by the Consultant (including any of its officers, employees or other agents) of its obligations under this Agreement. Consultant has no authority to bind City in any manner or to incur any obligation, debt or liability of any kind on behalf of or against City, whether ATTACHMENT 1 - PAGE 22
by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by the City.
8.0 Hold Harmless and Indemnity. Consultant shall fully and promptly undertake its obligations as set forth below:
8.1 Hold Harmless. To the fullest extent provided by law, Consultant holds City, its elected officials, officers, agents, and employees, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work required under this Agreement, or occur while Consultant is on City property, or which are connected, directly or indirectly, with Consultant's performance of any activity or work required under this Agreement.
8.2 Defense and Indemnity. Consultant shall investigate, defend, and indemnify City, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of any intellectual property rights (including, copyright, patent and trademark), or professional errors and omissions arising out of, directly or indirectly, any error, negligence, recklessness, or omission of Consultant or any of Consultant’s officers, agents, employees, representatives, sub-consultants, or subcontractors, or the willful misconduct of Consultant or any of Consultant’s officers, agents, employees, representatives, sub- consultants, or subcontractors, in performing the services described in, or normally associated with, the work required under this Agreement, or breach by Consultant of this Agreement. The duty to defend shall include any suits or actions concerning any activity, product or work required under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto.
8.3 No Waiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 10.0 below.
9.0 Correction or Re-Performance of Work. If City believes that any of the work performed under this Agreement does not comply with the terms of this Agreement, City may deliver notice to Consultant. Such City’s notice shall describe how the work performed, including any deliverables resulting fr om such work, does not meet the requirements of this Agreement, including failure to meet ATTACHMENT 1 - PAGE 23
the applicable standard of care set forth in Section 6.0 and, upon City’s sole discretion, may also make a request for Consultant to re- perform the services. If City requests Consultant to re- perform services, Consultant shall promptly re- perform the services at no additional cost to City in a reasonably timely manner.
Should Consultant fail to make such correction or re-performance, the cost thereof shall be withheld from any funds due to Consultant hereunder or charged to Consultant with such amounts to be paid by Consultant within thirty (30) days of receipt of such invoice.
10.0 Insurance.
10.1 Insurance Coverage. Consultant shall maintain, throughout the Term, the insurance coverage set forth in the “Insurance Requirements” as attached to this Agreement as Exhibit C.
10.2 Delivery of Certificates of Insurance and Endorsements . Prior to the commencement of any work by Consultant under this Agreement, Consultant shall provide the City with copies of certificates (on an Accord form as modified per City direction) for all policies together with the appropriate endorsements required in Exhibit C. At the request of the City, Consultant shall deliver a copy of its insurance policies.
10.3 Failure to Maintain Insurance. If Consultant receives a cancellation notice of any insurance required by this Agreement, Consultant shall, within one day of receipt, forward said notice to City Project Manager. If Consultant at any time during the Term of this Agreement, should fail to secure or maintain any insurance required under this Agreement, the City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the cost of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. Such costs can be assessed by deducting such costs from any amounts due and payable to the Consultant as compensation under the terms of this Agreement.
11.0 Work Product.
11.1 Deliverables. Consultant shall deliver to the City the studies, plans, specifications, drawings, photographs, maps, videos, records, designs, data, reports, documents or other work products as are identified in the Scope of Services (“ Work Product”). The City may also request, and Consultant shall provide to City, copies of all other information developed in the course of the Consultant’s performance of this Agreement.
Consultant shall, in such time and in such form as the City may require, furnish report s concerning the status of services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all Work Product ATTACHMENT 1 - PAGE 24
produced by the Consultant. Consultant represents and warrants that upon delivery of the Work Product, such Work Product shall be free of all liens, security interests or any other encumbrances.
11.2 Ownership. Each and every item that constitutes Work Product produced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
12.0 Confidentiality.
12.1 Non-Disclosure Exemptions. Consultant may be granted access to information that is exempt from disclosure to the public and may contain “trade secrets” when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in the California Public Records Act.
12.2 Confidentiality Obligation. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the Term of this Agreement without the prior written consent of the Designated Official during the Term of this Agreement and this obligation shall survive for a period of two (2) years after the termination of this Agreement. Notwithstanding the foregoing, the confidentiality obligations imposed by this Agreement shall survive as to any of the following information (a) a trade secret under applicable law for so long as such information constitutes a trade secret thereunder, (b) each utility customer’s “data” under applicable law unless Consultant has secured such customer’s express, written consent to release of such customer’s information, (c) any information classified by City as “critical infrastruc ture information” or “protected critical infrastructure information” or “protected system,” or (d) any other documentation that has been identified as confidential by City until City has advised Consultant in writing that such information may be released.
13.0 Acceptance of Final Payment by Consultant. The acceptance by Consultant of the final payment made under this Agreement shall release City from all claims and liabilities for compensation to or for the benefit of Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check; provided, however, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, agents, ATTACHMENT 1 - PAGE 25
subcontractors and subconsultants for the satisfactory performance, accuracy and/or competency of the information provided and/or work performed by Consultant; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, agents, subcontractors and subconsultants.
14.0 Records. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City, the Designated Official or the City Project Manager. Consultant shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services.
All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide access to the Designated Official or designees at all proper times to such books and records, and gives the Designated Official or designees the right to examine and audit such books and records and to make transcripts as necessary, and to allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Consultant shall maintain such records for at least four years after the termination or final payment under this Agreement, whichever is later.
15.0 Conflict of Interest. Consultant agrees to be familiar with and comply with all applicable federal, state and local conflict of interest laws (including 2 CFR 200.318, if federal money is funding any part of this Agreement). Consultant represents and warrants that it is unaware of any City employee or official that has a financial interest in Consultant's business. During the Term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer or accept any financial interest in Consultant's business by any City employee or official.
16.0 Payee Registration Form . City shall provide a Payee Registration Form to Consultant and Consultant shall deliver a completed registration form to the City.
Consultant acknowledges that this form is necessary for the City to process any payment for services hereunder.
17.0 Non-Appropriation of Funds . Payments due and payable to Consultant for current services are within the current annual budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
18.0 Compliance with Laws. Consultant agrees to perform all of its obligations under this Agreement in accordance with all applicable federal, state and local laws, rules and regulations. This obligation shall include, but is not limited to, the following requirements set forth below:
18.1 Permits and Licenses. Consultant, at its sole expense, shall obtain and maintain during the Term of this Agreement, all appropriate permits, ATTACHMENT 1 - PAGE 26
licenses, and certificates that may be required in connection with the performance of services under this Agreement.
18.2 Anti-Terrorism Laws; Sanctions . The Consultant represents and warrants that:
(1) it is not a person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control, United States Department of the Treasury or in Section 1 of Executive Order No. 13,224, 66 Fed. Reg. 49,079 (2001), issued by the President of the United States of America (Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism);
(2) it does not engage in any dealings or transactions with any such persons described above; and
(3) is not otherwise blocked, subject to sanctions under or engaged in any activity in violation of other United States economic sanctions, including but not limited to, Trading with the Enemy Act, the International Emergency Economic Powers Act, Accountability and Divestment Act or any other similar law or regulation with respect to any country, the Sudan Accountability and Divestment Act, any OFAC Sanctions Program, or any economic sanctions regulations administered and enforced by the United States or any en abling legislation or executive order relating to any of the foregoing.
19.0 Meet and Confer. The Parties agree to meet and confer concerning all claims, disputes or other matters in question between the Parties arising out of or relating to this Agreement or breach thereof prior to the institution of any litigation.
20.0 Waiver; Remedies Cumulative . Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand strict performance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.
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21.0 Integrated Agreement; Construction. This Agreement, including any exhibit, schedule or addendum attached hereto, supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services hereunder, and contains all of the covenants and agreements between the Parties with respect to said services. The provisions of this Agreement shall be construed as a whole according to its common meaning of purposes of providing a public benefit and not strictly for or against any Party. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement.
In the event an inconsistency arises between any attachments (including any exhibit, schedule or addendum) and any term of this Agreement, the terms of this Agreement shall prevail. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent permitted successors and assigns.
22.0 Amendment; Modification. This Agreement may only be amended or otherwise modified upon written mutual agreement of each of the authorized representatives of the Parties.
23.0 Assignment. This Agreement is personal to the Consul tant and may not be assigned without the prior written approval of the Designated Official.
Notwithstanding the foregoing, any assignment in violation of this Section by the Consultant is voidable in the City’s sole discretion.
24.0 Use of the Term “City.” Reference to “City” in this Agreement includes City Manager or any authorized representative acting on behalf of City.
25.0 Severability. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local governmental entity having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.
26.0 Execution Counterparts. This Agreement may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart.
Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto. Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Agreement with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this Agreement by a Party, and transmitted electronically as described in this Section to the other Party.
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27.0 Governing Law. The terms of this Agreement shall be interpreted according to the laws of the State of California. The Parties agree and consent to the jurisdiction of the state and federal courts of competent jurisdiction exclusively in the County of Los Angeles, California.
28.0 Survival. The provisions of Sections 8, 9, 10 and 12.0, shall survive for a period of four years following the termination or expiration of this Agreement, whichever is later.
29.0 Notices. Any written notice required by this Agreement shall be given by depositing such notice in the United States mail, postage prepaid or by personal delivery, and addressed as follows:
TO CITY:
The City of Burbank
[<Department>]
Attention: [<City Project Manager Name>]
[<Mailing Address>]
[<E-Mail Address>]
With a copy to:
The City of Burbank
[<Department>]
Attention: [<Designated Official Name>]
[<Mailing Address>]
[<E-Mail Address>]
TO CONSULTANT:
[<Consultant Name>]
Attention: [<Contact Person>]
[<Mailing Address>]
[<E-Mail Address>]
ATTACHMENT 1 - PAGE 29
All notices shall be effective upon deposit in the mail, as specified above, or personal delivery.
Either Party may change the specified person or address at which it is to receive notices by so advising the other Party in writing.
30.0 Safety Requirement. To the extent that Consultant performs any work on premises owned or leased by the City, the Consultant agrees that it shall comply with this Section. All work under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations.
Any hazardous condition noted by the Consultant, which is not the result of his operations, should immediately be reported to the City Project Manager.
31.0 Copyright. In the event Consultant creates an original work product as part of the Scope of Services (“work product”), Consultant agrees that work product is a work made for hire. Consultant acknowledges that he/she received consideration for this work product and has no copyright interest in any of the work product, or in any copyright related to the work product. For example work product may involve:
illustrations and graphic design services, digital and print branding services, photographs, Meta Tags, text, photographs whether edited or not, and other graphic images, appearing on the web sites or other applicable medium, domain names, log-in credentials for social media and other on- line electronic platforms.
Further, if this Agreement is found by any court or other jurisdiction to not be a work-for–hire as defined in 17 U.S.C. 101, then Consultant hereby transfers any and all interest of the copyright(s) in the work product to City. This transfer and assignment are irrevocable and in perpetuity.
Further, Consultant represents and warrants: 1) that all work product shall be original and not subject to any other ownership claims by third parties, and 2) if applicable, that consent by individuals depicted in any work product have been obtained and written releases will be delivered to City prior to the completion of the Scope of Services. Consultant indemnifies and defends City as to any damages arising out of or relating to a breach of this warranty and representation.
If applicable, Consultant agrees to provide all log- in credentials for social media and other on- line electronic platforms to City within ten (10) days of establishing same, which shall allow City at any time with the ability to access, utilize and maintain the social media account or electronic on- line platform, should City choose to do so. In any event, upon the conclusion of Consultant’s services, ATTACHMENT 1 - PAGE 30
Consultant shall no longer utilize any log- in credentials or electronic on- line platforms.
32.0 Prevailing Wages. To the extent that the Consultant performs any work described in California Labor Code Section 1720(a)(1), including, but not limited to, inspection and land surveying work Consultant agrees that it shall comply with this Section. The Consultant, and any subcontractor or subconsultant working on behalf of the Consultant with respect to this Agreement, is required to pay not less than the established prevailing rates of wages to all workers employed in the execution of this Agreement, and Consultant shall comply with all other requirements applicable to Public Works Construction as specified in the California Labor Code and/or Davis Bacon Act, if federal money is funding any part of t his Agreement. Furthermore, Consultant must register as a public works contractor with the California Department of Industrial Relations, if the compensation under this Agreement is greater than $25,000.
33.0 Funding Requirements. This Agreement is financed with funding from [<Insert Funding Source i.e., “Los Angeles County;” “State of California;” “United States Department of Transportation”>] (“Funding Source”), through [<Insert name of Funding Program i.e., “Grant No. 1234;” “Measure A Funds;” “SB1234 Funds,” etc.>].
Consultant shall comply with all applicable Funding Source requirements, including but not limited to, requirements included in any funding agreement between the City and the Funding Source, and any applicable laws, policies, or procedures. Copies of relevant Funding Source documents are incorporated and attached as Exhibit D.
[Signature Page on the Following Page]
ATTACHMENT 1 - PAGE 31
In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above.
"CONSULTANT"
[Insert Consultant Name]
"CITY"
City of Burbank
Signature Signature
Name (Please Print) Name (Please Print)
Title Title
If Consultant is a corporation or LLC, a
second signature is required:
ATTEST:1
Office of the City Clerk
Signature
Name (Please Print)
Title Kimberley Clark, City Clerk
Standard Template2
Approved as to Form
Burbank City Attorney’s Office
January 2023
By:
Signature
<Insert Name>
<Insert Title>
ATTACHMENT 1 - PAGE 32
EXHIBIT A
SCOPE OF SERVICES
Consultant shall perform the following services for the benefit of the City:
DESCRIPTION OF SERVICE AND
DELIVERABLE
DELIVERABLE DATE
1. 2.
3. 4.
5. 6.
7. All deliverables provided under this Agreement shall be in form and substance reasonably satisfactory to City.
ATTACHMENT 1 - PAGE 33
EXHIBIT B
SCHEDULE OF COMPENSATION
The total compensation (including, any reasonable costs, expenses or reimbursements) payable by the City to the Consultant shall not exceed the Cost of Services as set forth in Section 3.0.
To the extent that the Schedule of Compensation includes any travel, hotel or other reimbursable expenses, such expenses shall be for actual and reasonable expenses incurred in the performance of the Scope of Services.
The Consultant and the City agree that the Consultant shall earn its compensation according to the following method:3
□ Lump Sum: The City shall pay for the services on a lump -sum basis. Consultant shall invoice the City after all of the services set forth in Exhibit A have been fully performed and all deliverables have been accepted by the City.
□ Time and Materials: The City shall pay for the services on a time- and-material basis.
Consultant shall invoice the City for all actual hours of work performed in accordance with this Agreement at the following rates:
[Insert Hourly Rate Table, and Schedule of Tasks, if available]
□ Milestone Basis: The City shall pay for the services on a milestone basis. Consultant shall invoice the City the applicable milestone amount upon the achievement of the following deliverable date set forth below:
3 City Project Manager must select one of the three methods above and DELETE the two methods that do not apply and DELETE this footnote.
ATTACHMENT 1 - PAGE 34
DESCRIPTION OF SERVICE DELIVERABLE DATE MILESTONE
AMOUNT
1. $
2. $
3. $
4. $
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain, for the Term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Commercial General Liability : Insurance Services Office Form CG 00 01 covering commercial general liability insurance (“CGL”) on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be at least $2,000,000.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with statutory limits, and employer’s liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability or Errors and Omissions: Errors and Omissions insurance appropriate to the Consultant’s profession (“E&O Insurance ”), with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Consultant.
ATTACHMENT 1 - PAGE 35
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide an endorsement that they are not subject to cancellation without thirty (30) days’ prior written notice to the City or ten (10) days’ prior written notice for non-payment of premium.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Such insurers shall be licensed to provide insurance under California state law.
ATTACHMENT 1 - PAGE 36
Claims Made Policies. For the E&O Insurance Policy and any other insurance providing claims-made coverage (e.g., pollution liability insurance, if applicable):
1. The “Retroactive Date” must be shown, and must be before the Effective Date.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the work required under the Agreement.
3. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the Agreement Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Cyber Liability Insurance
Technology Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. City shall inform Consultant if such insurance is required.
Contractors Pollution Liability and/or Asbestos Pollution Liability If Consultant’s Scope of Services includes the handling or transportation of hazardous materials, Consultant shall maintain pollution liability and/or asbestos pollution liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. City shall inform Consultant if such insurance is required.
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ATTACHMENT C
Additional Terms and Conditions
1. Multiplier Schedule
All staff must have auditable rates of pay. Multipliers shall be applied to the appropriate direct labor costs only. Other direct costs are exempt and shall be paid at cost, and subconsultants shall have a maximum markup of 4%.
Multipliers shall include an audited overhead rate, fringe benefits, and profit. Profit on labor shall be 8% maximum.
2. Hourly Rates
Hourly rates may be adjusted to provide for cost- of-living increases on an annual basis based upon the contract execution date. Adjustments shall be based upon the 12-month change in the US Bureau of Labor Statistics Consumer Price Index for All Urban Cons umers (CPI -U), Los Angeles/Long Beach/Anaheim region. No rate increases shall be greater than 3%.
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