13191 Crossroads Parkway North, Suite 405
Industry, CA 91746-3443
562.908.6200 | 800.499.4484 | Fax: 562.695.2120
www.willdan.com
Request For Proposal 2022-05
City Engineering & Traffic Engineering Services
City of Los Alamitos
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City of Los Alamitos
Request for Proposal (RFP) 2022-05
City Engineering and Traffic
Engineering Services
FOR
Development Services Department
Attn: Ron Noda
Development Services Director
3191 Katella Avenue
Los Alamitos, California 90720
(562) 431-3538, Extension 500
(562) 493-1255 Fax
Email: [email protected]
DATED: November 14, 2022
Deadline/Bid Opening Date:
Must be received by 10:00am
Thursday, January 12, 2023
RFP Available at http://www.cityoflosalamitos.org
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TABLE OF CONTENTS
CITY ENGINEERING & TRAFFIC
ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
NOTICE INVITING SEALED PROPOSALS A
PROPOSAL RESPONSE REQUIREMENTS B
BACKGROUND AND PROJECT EXPECTATIONS C
SCOPE OF SERVICES D
PROPOSAL SCHEDULE E
PROFESSIONAL SERVICES AGREEMENT F
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SECTION A
NOTICE INVITING SEALED BIDS
CITY ENGINEERING & TRAFFIC
ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
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NOTICE INVITING PROPOSALS
CITY OF LOS ALAMITOS
Development Services Department
NOTICE OF REQUEST FOR PROPOSALS 2022-05
Sealed proposals will be received at the office of the City Clerk of the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, California 90720 until 10:00 AM on Thursday, January 12, 2023.
CITY ENGINEERING & TRAFFIC ENGINEERING
SERVICES PROPOSAL
Proposals must be submitted on the City’s Request for Proposal Forms and submitted in sealed envelopes marked on the outside, “SEALED PROPOSAL FOR CITY ENGINEERING & TRAFFIC ENGINEERING SERVICES RFP 2022-05. DO NOT OPEN WITH REGULAR MAIL.”
The contract will consist of City Engineering and Traffic Engineering services and other related duties as directed by the Development Services Director, including but not limited to:
consultation on City utilities and facilities (i.e., stormwater drainage and transportation system), consultation on development projects/permits, lead and manage the City’s Capital Improvement Program, provide permit review and inspection services, and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits City of Los Alamitos
Ron Noda
Development Services Director
3191 Katella Avenue
Los Alamitos, CA 90720
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SECTION B
PROPOSAL RESPONSE REQUIREMENTS
CITY ENGINEERING & TRAFFIC
ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Request For Proposal 2022-05
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CITY ENGINEERING & TRAFFIC
ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SECTION I – PROPOSAL REQUIREMENTS
Proposal Response Requirements
The purpose of this Request for Proposal (RFP) is to solicit and select Consultant(s) to provide City Engineering and Traffic Engineering services and other related duties as directed by the Development Services Director, including but not limited to: consultation on City utilities and facilities (i.e., stormwater drainage and transportation system), consultation on development projects/permits, lead and manage the City’s Capital Improvement Program, provide permit review and inspection services, and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits.
Responses must conform with the requirements of this RFP. The City reserve the right to waive any irregularity, informality or error in any proposal or in the RFP process or to reject any proposal, which does not comply with this RFP. All services provided by the Consultant shall be performed by individuals, who meet the qualification, standards, and requirements for the position. The successful Consultant(s) shall also have the resources to provide effective and timely services including providing customer service to the City of Los Alamitos.
Proposers shall submit Proposal on or before the Submittal Deadline. If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide the basis for resolving such discrepancies. If no document can be identified as original bearing original signatures, Proposer's Proposal may be rejected at the discretion of the City.
Please submit six (6) color copies of the proposal, and in addition to the hard copies, an electronic copy on a flash drive shall be included with the proposal submittal. Proposal rate structure shall be submitted and clearly marked.
Proposals sent by telephone, e-mail or facsimile, will not be accepted. It is the sole responsibility of each proposer to ensure that its proposal reaches the City by the time and date specified. Once opened, all responses become public record and will be available to the public for review. Cost incurred by the Proposer in the preparation of the response to this RFP, is the sole responsibility of the respondent, and will not be reimbursed by the City.
It is imperative that all Consultant(s) responding to the RFP comply exactly and completely with the instructions set forth herein. Proposals must be concise but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on
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conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the proposal. Proposal should be concise and be able to properly convey all information.
During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from the proposers. The City reserves the right to waive any irregularity, informality or error in any proposal or in the RFP process, or to reject any proposal, which does not comply with this RFP. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.
All requests for information (RFI’s) shall be submitted to the City no later than Thursday, January 5, 2023 at 10 a.m.
Withdrawal of proposals shall not be permitted for a period of sixty (60) days after the date set for the opening thereof. The City reserves the right to reject any and all proposals.
Section II – Additional Proposal Response Requirements
A: Letter of Transmittal
Please include a brief introduction and history of your firm. Be sure to state why you believe that your firm is the best qualified to provide such services to the City of Los Alamitos.
B: Consultant Data
Please submit the following information:
1. Official firm name and address.
2. Name, address, telephone number and email address of the Proposer’s point of contact.
3. Indicate what type of entity (corporation, Consultant, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.
4. Federal Employer I.D. Number.
5. The address, telephone numbers, and fax numbers of each of your firm’s locations.
6. A detailed statement indicating whether Proposer is entirely or partially owned by another business organization or individual.
7. Number of years Proposer has been in business under the present business name.
8. All comparable contracts currently in effect.
9. Please describe areas of specialization provided by the Proposer.
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10. Any failures or refusals to complete a contract and explanation.
11. Financial interests in other lines of business.
12. Known conflicts of interest.
C: Proposal
The proposal shall clearly address all of the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required for the proposal to be organized, and contain all information as specified below:
1. Letter of Introduction, to include an understanding of the scope of services.
2. The firm’s approach to delivering the scope of services.
3. Brief Consultant profile and number of years the firm has been in business.
4. Provide the name of each City and Traffic Engineer proposed to provide services to the City, who will be the main contacts for the City. This individual is expected to remain the responsible engineer throughout the engagement. The lead Engineers must be licensed to practice in the State of California, and must have at least five (5) years’ experience practicing as an engineer with a practice focused on representation of local government(s).
• The successful Proposer may change the Management Contact, City Engineer, Traffic Engineer and other supporting staff and specialists with prior written permission of the City.
5. Location of principal office that will be responsible for the implementation of any contracts.
6. Description of the professional qualifications for the additional personnel who will be assigned to work in the City of Los Alamitos. While the Consultant(s) may propose any staffing scenario to effectively perform the services, the proposal shall identify the key personnel who will be assigned to perform the services and how, where, and when those services will be provided.
7. Provide the name, title, experience, qualifications, discipline, professional memberships/registrations, and resume of the personnel who will be assigned to the City, including any sub-consultants. Indicate the number of persons for each position, including their availability and time commitment and other resources proposed to provide services to the City of Los Alamitos, to fulfill the desired level of services reflected in the Scope of Services.
8. Provide examples of services or projects that the firm/company and Staffing Team Members are successfully working on or have completed, with preference to those assignments that have been completed within the past 5 years. • Summarize experience in the following areas:
a. General Municipal Engineering Services
b. Geotechnical Engineering Services
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c. Traffic and Transportation Engineering Services
d. Landscape Architectural Design Services
e. Construction Management/Inspection Services
f. Landscape Maintenance Assessment District (LMAD)
Inspection Services
g. Surveying Services
h. Storm Water Quality Services
i. Grant Funding Support Services
9. Describe the firm’s ability to control costs and provide accurate and timely invoices through internal control measures, to monitor and stay within budget, to monitor schedule and review times and describe the techniques used to complete projects within the proposed time frames.
10. Cost Proposal (including hourly rate) for Services. The method of payment upon negotiation of an agreement shall be monthly payments based upon satisfactory progress and the submission of requests for payments. This should include hourly billable costs of each team member; project manager, associate and various titles.
If fixed fee for compensation, payment subject to accepted percentage completion.
11. Accurate list of all personnel who have any relationship to work performed within the scope of this Agreement. List data shall indicate personnel by building(s) in which they are assigned to work, and must include full names.
12. Any other information, which should be considered, such as any special services or construction management philosophy, which define your firm’s practices.
13. If contracted in the future, the firm will be required to have professional liability insurance including liability at a minimum of one million per occurrence, worker’s compensation. The proposal shall state whether the firm could provide such insurance proof of coverage at time of any contract execution.
14. The firm will be required to have and provide proof of insurance and indemnify the City in accordance with the City’s insurance requirements. The proposal shall state that such insurances will be in force at time of contract execution.
15. Provide a list of five (5) reference who may be contacted to discuss their experience working with the firm/company on similar services. Please provide contact information including Organization, Name, Title, Address, Phone Number, E-mail, Description of Services Provided and Date of Completion.
16. Proposer shall describe the steps to be taken during the transition period from the existing provider prior to the start of the contract period. The Proposer should provide examples where the consultant has made a similar transition from another contract provider and the methods that the consultant utilized in achieving this transition.
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The City of Los Alamitos reserves the right to accept or reject any and all proposals, or any portion of any proposal, or to waive any irregularities or informalities in the proposal or in the proposal process, or to make the award on the basis of that item or combination or items which, in its opinion, serves the best interest of the City. Services shall not commence until the Professional Services Agreement is executed by the City. Responses to this Request for Proposal become the property of the City.
Section III - General Conditions
3.1 Authorized Signatures
Every Proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a Proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the Proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the Proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the Proposal, the Proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation.
3.2 Award of Proposal
Award will be made to the Proposers offering the most advantageous Proposal after consideration of all criteria set forth in this RFP. The criteria are not listed in any order of preferences. An Evaluation Committee will be established by the City. The Committee will evaluate all Proposals received in accordance with the Evaluation Criteria. The City reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Weight factors and evaluation scores will not be released until after award of Request for Proposal. The City shall not be obligated to accept the lowest priced Proposal but will make an award in the best interests of the City after all factors have been evaluated.
Discussions may, at the City's option, be conducted with responsible Proposers who submit Proposals determined to be potentially selected for an award. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of Proposals. In conducting discussions, the City will not disclose information derived from Proposals submitted by competing Proposers.
3.3 Cancellation of Solicitation
The City may cancel this solicitation at any time.
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3.4 City of Los Alamitos Business License
Consultant and its Sub-Consultants are required to maintain an active City business license for the duration of this Agreement.
3.5 Annual Payment to the City
Firm is to provide the City with an annual payment of $15,000, to support City events and infrastructure (i.e., street and other public right-of-way spaces) education and outreach. This payment is due at contract execution and each successive July 1st throughout the term of this Agreement.
3.6 Compliance with Laws
All Proposals shall comply with current federal, state, and other laws relative thereto.
3.7 Contract Documents, Examination Of
It is the responsibility of the Proposer to thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, and addenda (if any), referred to as Contract Documents. Proposer shall be satisfied as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the solicitation or contract. The submission of a Proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the Proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.
3.8 Costs
The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the Proposal or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.
3.9 Cost of Living (CPI) Increase
Only at the time of the Agreement’s scheduled renewals, will the Consultant be eligible to request CPI increase of up to 5%.
3.10 Disqualification of Proposer
If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one Proposal for the same work unless alternate Proposals are called for. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the same work will cause the
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rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion.
3.11 Interpretation of Request for Proposals
City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or any contract documents, or finds discrepancies or omissions in the specifications, he or she may submit to the City a written request for an interpretation or correction. The written request for clarifications shall be submitted no later than Thursday, January 5, 2023 at 10 a.m. Oral statement(s) interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid.
Requests for Interpretations (RFI’s) shall be made in writing and delivered to Development Services Director, City of Los Alamitos, 3191 Katella Avenue, Los Alamitos CA 90720.
The requesting party is responsible for prompt delivery of any requests.
When the City considers interpretations necessary, interpretations will be in the form of an addendum to the Contract Documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received Contract Documents. All such addenda shall become a part of the contract. It is the responsibility of each Proposer to ensure the City has their correct business name and address on file. Any prospective Proposer who obtained a set of Contract Documents is responsible for advising the City that they have a set of Contract Documents and wish to receive subsequent addenda.
3.12 Irregularities
City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Council.
3.13 Pre-Contract Costs
The City shall not be responsible or liable for any pre-contract costs incurred by the firm responding to this RFP and/or participating in the selection process.
3.14 Non-Exclusive Contract
The successful Proposer will enter into a non-exclusive contract and the City reserves the right to enter into agreements with other firms for services.
3.15 No Obligation
The release of this RFP does not obligate nor compel the City to enter into a contract or agreement.
3.16 Offers of More Than One Price
Proposers are NOT allowed to submit more than one Proposal.
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3.17 Proposal, Rejection Of
The City reserves the right to reject any or all Proposals or any part of a Proposal. The City reserves the right to reject the Proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City.
3.18 Proprietary Information
Proposal must NOT be marked as confidential or proprietary. City may refuse to consider a Proposal so marked. Information in Proposals shall become public information and is subject to disclosure laws.
3.19 Public Opening
There will be a public opening of Proposals. Prices and other Proposal information shall not be made public until the Proposal is awarded. At that time the submitted Proposal information and executed contract will become public information.
3.20 Severability
If any provisions or portion of any provision, of a contract are held invalid, illegal or unenforceable, they shall be severed from the contract and the remaining provisions shall be valid and enforceable.
3.21 Sub-Consultant Information
If the Proposal includes the use of Sub-Consultants, Proposer must identify SubConsultants and the specific requirements of this RFP for which each proposed SubConsultants would perform services.
3.22 Sub-Consultant References
For all Sub-Consultants that will be used on this project, Proposers must provide a minimum of three references from similar projects performed for any local government clients within the last three years. Information provided shall include:
A. Client name
1. Project description
2. Dates (starting and ending)
3. Technical environment
4. Staff assigned to reference engagement that will be designated for work per this RFP
5. Client project manager's name and telephone number.
3.23 Terms of An Offer
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The City reserves the right to negotiate final contract terms with any selected Proposer.
The City's standard form Professional Services Agreement (PSA) shall be used, and includes other provisions not described here. A standard Professional Services Agreement is attached for reference. Please review this very carefully and note in the body of your response any exceptions or alterations to the agreement. Alterations or changes to the agreement which were not in the Consultant’s proposal will not be made after the selection of the Consultants. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: any executed contract, the RFP, any modifications and clarifications to the awarded Proposer’s Proposal, and the awarded Proposer’s Proposal. Specific exceptions to this general rule may be noted in an executed contract. Proposer understands and acknowledges that the representations above are material and important, and will be relied on by the City in evaluation of the Proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the Proposal.
3.24 Withdrawal of Proposal
Proposers’ authorized representative may withdraw Proposals only by written request received by the City Manager before the Proposal Submittal Deadline.
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SECTION C
BACKGROUND AND PROJECT EXPECTATIONS
CITY ENGINEERING & TRAFFIC
ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
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CITY ENGINEERING & TRAFFIC
ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
4.0 BACKGROUND AND PROJECT EXPECTATIONS
The purpose of this Request for Proposal (RFP) is to solicit and select Consultant(s) to provide City Engineering and City Traffic Engineering services, and other related duties as directed by the Development Services Director, including but not limited to: consultation on City utilities and facilities (i.e., stormwater drainage and transportation system), consultation on development projects/permits, lead and manage the City’s Capital Improvement Program, provide permit review and inspection services, plan check reviews and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits.
The City’s Development Services Department provides a broad spectrum of services to the community in areas of Building & Safety, Code Enforcement, Economic Development, Engineering, Planning and Public Works. This Department also manages, reviews, and approves developmental plans affecting roadways, and other right-of-way spaces, located within the City boundaries.
Within the Development Services Department, the Engineering Division is responsible for managing, scheduling and implementing the City’s Capital Improvement Program, as well as seeking funding for these projects. In addition, the Engineering team leads the design and management of all City funded public right-of-way construction project. This would include major street repairs, construction site inspections, and technical support to other City departments. Dedicated to helping identify solutions that improve the infrastructure of City streets, the Engineering Division provides technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits.
The City’s current contract will expire on June 30, 2023.
4.1 USE OF SUB-CONSULTANTS
The City is committed to selecting an excellent team that will produce a high quality work product, and deliver a high level of customer service. Should the use of sub-consultants be proposed by the proposing firm, they shall be clearly identified and included as part of the proposal in response to this RFP.
4.2 PROPOSAL REVIEW PROCESS & SCHEDULE
The City of Los Alamitos will review all proposals received by the submittal deadline indicated in this RFP. Proposals that do not meet the minimum requirements of this RFP will be rejected.
The City reserves the right to select the firm that best meets the overall needs and offers the best overall value to the City based on a variety of criteria, including but not limited to, experience
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of the team, quality of work product, customer service delivery, and not solely on the lowest cost of services. It is anticipated that following interviews, the City will identify a preferred firm to enter contract negotiations. Upon successful negotiations with the preferred firm, an Agreement will be presented to the City Council for consideration.
The following is the anticipated scheduled for the awarding of this RFP:
Request for Proposal Made Available Tuesday, November 15, 2022 Proposal Due at City Hall Thursday, January 12, 2023 at 10 a.m.
City Review of Proposals Monday, January 16, 2023 to
Thursday, February 2, 2023
Interviews with Finalists Monday, February 6, 2023 to
Thursday, February 9, 2023
City Council Consideration for Awarding Monday, March 20, 2023 *Dates subject to change at the sole discretion of the City.
RFP INQUIRIES
All inquiries, questions, and requests for information related to this RFP should be directed to Ron Noda, Development Services Director, via email at [email protected] and will only be accepted until Thursday, January 5, 2023 at 10 a.m.
Changes in the contract and corresponding changes in compensation may be implemented upon mutual written agreement of the City and the Consultant. The City reserves the right to add or delete services at any time with 30 days written notice to Consultant. If additional services are requested, the Consultant is required to provide a cost estimate detailing them as an attachment to the proposal along with prices, where applicable, which may be offered as an addendum for the term of this contract agreement.
All work determined by the City to be defective or deficient in any of the requirements shall be remedied by the Consultant at the Consultant’s expense and in a manner acceptable to the City.
City reserves the right to deduct from the payments due or to become due to the Consultant for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the City inspection record for the project, with associated deduction calculation will be furnished to the Consultant prior to a deduction being made.
The Consultant shall adhere to all currently applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL-OSHA, California Department of Industrial Relations, the California State Department of Health Services, FEDOSHA, EPA and the Material safety Data Sheets (MSDS) standards.
It is the intent of the City to award a contract for provide building and safety services, including City Engineering and City Traffic Engineering services, and other related duties, in form approved by the City Attorney. The City reserves the right to further negotiate the terms and
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conditions of the Agreement. The City shall preserve the right to reject any proposal for noncompliance with Agreement requirements and provisions, or to not award an agreement because of unforeseen circumstances or if it is determined to be in the best interest of the City.
This project will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This Agreement may not be awarded to the lowest respondent. The City Council will approve, as part of the annual City budget, with a specified project budget.
A. Definitions
Where “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Los Alamitos is intended unless otherwise stated. As used herein, “provide” shall be understood to mean “provide complete”, in total. The word “facility” as used hereinafter shall be understood to mean the location receiving the service. The use of the words “Consultant” shall be held to mean the Consultant and/or any person employed by them and working under the agreement to the awarded Consultant.
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SECTION D
SCOPE OF SERVICES
CITY ENGINEERING & TRAFFIC
ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
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5.0 SCOPE OF SERVICES
The purpose of this Request for Proposal (RFP) is to solicit and select Consultant(s) to provide City Engineering and City Traffic Engineering services, and other related duties as directed by the Development Services Director, including but not limited to: consultation on City utilities and facilities (i.e., stormwater drainage and transportation system), consultation on development projects/permits, lead and manage the City’s Capital Improvement Program, provide permit review and inspection services, plan check reviews, and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits.
The following Scope of Services represents the services and responsibilities the successful proposer will be expected to provide and perform. Please indicate the skills, ability, and or/services which distinguish the firm to make it the best choice for the City. Additional services or tasks which, in your opinion, should be included must be clearly identified. Conversely, requested services or tasks which, in your opinion, should not be included, or are specifically excluded from the proposal, must also be clearly identified.
The final Scope of Services, as may be modified through negotiations and/or by written addendum issued by the City, will be made part of the Agreement with the successful proposer.
1. Administrative Services
a. Attendance at meetings of the City Council. The City Engineer and Traffic Engineer shall attend all meetings or work sessions of the City Council, as requested. Regular City Council meetings are held on the third Monday evening of each month.
b. Advising Officials. The City Engineer shall advise City officials, employees, etc. through telephone conferences, meetings, and correspondence. c. Consultation on City utilities and facilities. The City Engineer shall furnish advice of consultation on the operation, maintenance, permitting of the City’s water distribution (when applicable), stormwater drainage system, transportation system, and other City-owned facilities under the direction of the Development Services Department.
d. Consultation on development projects/permits. The City Engineer shall review project plans and proposals by private parties, for compliance with City code and other applicable requirements. The City Engineer shall meet with residents, contractors, developers, engineers, etc. as required.
e. Review and approve grading plans.
1. Shall include, but not limited to the following:
a. Ensure conformance with City codes, written policies, grading ordinances, the County of Orange grading
manual and standard specifications. The review will
also assure conformance with the approved Tentative
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Map and Conditions of Approval for the project.
Hydrology and hydraulic calculations will be reviewed
for conformance with the Orange County Flood Control
District methodology for any proposed storm drain
systems and detention basins.
b. Precise Grading Plans will be checked to verify positive drainage to an approved outlet.
c. Erosion control measures for manufactured slopes will be reviewed to verify that the landscaping and irrigation measures are adequate.
f. Review and approve landscape plans (when applicable).
1. Shall include, but not limited to the following:
a. Working knowledge of City codes, regulations, and
permit requirements.
b. Program development
c. Feasibility studies
d. Investigation reports
e. Reports and restoration and maintenance
f. Conceptual design
g. Project design
h. Specifications
i. Design reviews
j. Project drafting, including CADD work
k. Cost estimating
l. Construction support services
m. Trees and other plant evaluation
n. Soils testing and report
o. Environmental documentation preparation (i.e., CEQA) p. Inspections
q. Plan Check
g. Erosion Control Plans (when applicable) will be reviewed to ensure erosion and sedimentation measures comply with the Best Management Practices listed in the Storm Water Pollution Prevention Plans, in compliance with the National Pollution Discharge Elimination System (NPDES) and Water Quality Management Plan (WQMP) requirements.
h. Landscape and irrigation review for parks, parkways, medians, and all areas that have landscaping (as-needed).
i. Review, check and make recommendations regarding land use applications
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within ten (10) working days of receipt.
j. Assist with the preparation of dedications, lot splits, lot line adjustment, zoning maps, and any other subdivision maps and documents administration as deemed necessary by the City. Must be assured to be in compliance with applicable provisions of the Subdivision Map Act, the City’s Conditions of Approval, Land Surveyor’s Act, and any other applicable local, state and federal laws. k. Assist and implement as-needed emergency work as directed by City staff. l. Coordinate with other agencies and utility companies on engineering matters. m. Prepare CAD exhibits, complex Microsoft Excel spreadsheets, Microsoft Word documents, PowerPoint presentations, as directed, for any needed engineering functions.
n. Assist with Pavement Management Program.
o. Provide permit review and inspection services. The City Engineer shall be available to review various types of permit applications for private utility improvements, oversized/overweight vehicles, residential improvement and other common permit applications. The City Engineer shall conduct site inspections associated with such permits and applications needed. p. Funding/Grants/Budget - Includes but not limited to:
i. Ensure funding compliance, such as with Measure M
ii. Prepare Measure M mid-year project review
iii. Assist in the Capital Improvement Program (CIP) project budget preparation – analyze City’s needs and prepare short and long-term CIP recommendations.
iv. Assist in the tracking and accounting of project funds including revenue sources, expenditures, and project account shortfalls/surpluses. q. Provide Geotechnical Engineering Services (when applicable). Key professional staff must be properly registered/licensed/certified to practice in California as Professional Engineers (PE), Geotechnical Engineers (GE), and Certified Engineering Geologists (CEG). Typical specialties/knowledge required includes, but are not limited to: pavement evaluation, construction material testing, geotechnical investigation and reporting and hazardous materials assessment and related services.
r. Construction inspection and contract administration shall be in accordance with but not limited to:
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i. The Greenbook Standard Specifications and Standard Plans for Public Works Construction.
ii. The project plans and special provisions.
iii. Caltrans Construction Manual.
iv. Manual of Traffic Controls for Construction and Maintenance Work Zones.
v. The City shall decide all questions that may arise as to the quality or acceptability of deliverables furnished and work performed for this contract.
s. At the firm’s own cost, Consultant will provide and maintain all vehicles and equipment required or necessary to carry out inspections, field, and in-office duties of the Engineering Division.
t. On an on-call basis, consultant is to provide services for additional staff to include but not limited to Landscape Architect, Labor Compliance Manager, Assistant Planner, Project Manager, Labor Compliance Specialist, Geotechnical Specialist and a Public Works Superintendent.
u. Surveying services (as-needed) including but not limited to boundary surveys, record of surveys map preparation, right-of-way acquisition, settlement monitoring, GPS/Geodetic control surveys, and topographic surveys. v. Assist in consultant contract management where no conflicts of interest exist. w. Provide hydrology and hydraulic/drainage reports, models and studies. x. Manage a variety of challenging multidisciplinary project from budget inception through construction.
y. Prepare and secure environmental documentation for CIP projects. z. Obtain easements (when applicable).
2. Engineering Design and Construction
a. Assist in consulting contract management where no conflicts of interest exists. b. Prepare and process Requests for Proposals (RFP) and help to conduct consultant selection processes per City policy.
c. Provide hydrology and hydraulic/drainage reports, models, and studies (when applicable)
d. Prepare plans, specifications, engineering design calculations, and cost
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estimates.
e. Coordinate design and construction activities with City departments, other agencies, citizens, and regulatory agencies.
f. Manage a variety of challenging multidisciplinary projects from budget inception through construction.
g. Ensure delivery of projects within scheduled and budget. h. Prepare and secure environmental permits for CIP projects. i. Obtain easements.
j. Provide public outreach coordination and exhibits.
k. Provide utility coordination and notifications for a variety of projects. l. Perform project and construction management activities for a variety of projects.
Negotiate and offer recommendations to City staff regarding change orders and consultant contracts.
m. Ensure Labor Compliance requirements are satisfied when applicable.
3. City Engineer
a. Consultant shall provide a qualified City Engineer for services. The City Engineer shall be responsible for the daily administration of Engineering activities, and shall perform the following services, including but not limited to:
i. Function as the City Engineer as set forth in all applicable codes and regulations, and as specified in Federal and State law. ii. Provide 30 to 40 in-office working hours per week.
iii. Review, approve and issue encroachment and wide-load permits. iv. Maintain, amend and develop ordinances and regulations necessary to implement and enforce the latest editions of applicable laws. v. Make determination on the approval and use of alternative materials and methods of construction.
vi. Process and prepare Traffic Commission, Planning Commission and City Council reports and recommendations, and assist in the presentation on an as-needed basis.
vii. Assist other Divisions such as Code Enforcement and Planning, with the preparation of necessary documents when prosecution action is necessary to obtain compliance with any applicable codes and regulations.
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viii. Make final interpretations concerning the application of all pertinent right-of-way and street safety codes.
ix. Meet with developers, homeowners, business owners, engineers and the general public at the City or in the field, as the need dictates to resolve grievances and/or respond to questions and ensure timely project processing in compliance with Federal, State and City laws and ordinances.
x. Ensure all public works/engineering related activities are entered into the City’s tracking system in an accurate, complete and timely manner. b. Within the first thirty (30) days of the Agreement, the Consultant shall assemble and review all existing City policies, ordinances, and conditions pertaining to the Engineering operations, and document any areas of insufficient, incomplete or missing information. Based on this review, the Consultant shall develop a timetable for the preparation or revision of policies, ordinances and conditions, and present a report to Development Services Director for consideration.
4. Neighborhood Traffic Management
i. Work closely with the Development Services Director to address residential traffic circulation and safety issues.
ii. Respond to requests from the public regarding traffic and parking issues.
Requests will be viewed and evaluated to assess the situation and develop solutions to address the concern. Data will be collected to ensure the most appropriate measures and devices are utilized and to determine the resulting effectiveness.
iii. Respond to citizens and other stakeholder requests for traffic and/or parking information or improvements (traffic control devices, parking restrictions, schools, etc.).
iv. Participate in the planning and preparation of work orders for the installation, removal or replacement of traffic control devices, pavement markings and parking restrictions. Prepare and document decision making process in conjunction with the Development Services Director.
5. Traffic Engineer
a. The scope of work will vary as need arises and will be at the discretion of the City. Provide Traffic Engineering services for various projects at the request of City staff. The request for services may include, but not limited to:
i. Traffic Engineer shall provide services on an as-needed basis.
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ii. Conduct or review traffic engineering, traffic analysis, and transportation planning studies or project specific traffic related issues analyses. iii. Provide Traffic Division support (i.e., traffic counts and various assignments).
iv. Provide comprehensive analyses of existing and projected traffic conditions; roundabout analysis and design, intersection design, speed humps, and traffic data collection services.
v. Provide electronic traffic control device studies and design (signs, signals, pavement markings, and school zone flashers.
vi. Perform pedestrian and bicycle studies including those to provide safe routes to school.
vii. Review subdivision or new development projects involving traffic impact analyses, transportation modeling, area-wide transportation studies and road impact fee analyses.
viii. Traffic signal design including plans, specifications, engineer’s cost estimate and contract bid documents (for projects that are bid) for new permanent signal installation and modifications to existing signals and flashing beacon, signal interconnect installation and Traffic Management Center (TMC) enhancement.
ix. Speed data analysis intersection control studies including multi-way stop control and traffic signal or alternatives, safety studies, and miscellaneous traffic engineering services.
x. Perform technical studies to support Active Transportation and Safe Routes to School programs.
xi. Provide technical support for Transportation System Management and Operations (TSMO).
xii. Prepare or review stage construction and worksite traffic control plans (when applicable).
xiii. Transportation, roadway, and Complete Streets design including construction drawings or plans, specifications, engineer’s cost estimate and contract bid documents.
xiv. Construction management and inspection support for roadway improvement and transportation projects.
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xv. Assist and provide technical assistance in identification and preparation of various traffic and roadway improvement grant opportunities and applications.
xvi. Process and prepare Traffic Commission, Planning Commission and City Council reports and recommendations, and assist in the presentation on an as-needed basis.
xvii. Traffic Signal System Operations system management. xviii. Provide Traffic Data Collection (on an as-needed basis). b. Traffic Engineer services will be on an as-needed basis. The Consultant is responsible for acknowledging receipt of requests for services within two (2) working days. Traffic engineering services not specifically identified in previous subtasks, may be performed by the Consultant at the discretion of the City Engineer and Development Services Director.
6. Plan Check Services
i. Manage, coordinate and oversee the encroachment and wide load permits and plan checks, and inspections.
ii. Answer technical questions from the public, including inquiries regarding public right-of-way safety codes and regulations. iii. Perform plan checks.
iv. Assist in more difficult inspections, in addition to other duties as assigned.
v. Staffing provided by the Consultant must ensure that all City Engineering inspections and plan reviews are conducted in an efficient courteous manner that is responsive to the City and community needs. b. Confirm type of construction, and review construction specifications to determine satisfaction of safety requirements.
c. Check for compliance with applicable codes adopted by the City, and any applicable adopted local amendment, State of California codes or regulations. d. Calculate encroachment permit and plan check fees, and review permit issuance. e. Review and evaluate engineering geology and geotechnical engineering reports.
Provide City staff with specific recommendations regarding the acceptability of such reports and provide detailed review comments to bring the report in
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compliance with City requirements, as it relates to all level of development. i. Review foundation and grading plans for proposed development projects, to ensure compliance with applicable geotechnical recommendations.
f. Provide expedited plan check when requested by the City.
7. Public Works Construction Projects
a. Analyze/study improvement projects. The City Engineer will be required to prepare preliminary engineering analysis, cost estimate and feasibility studies for various Public Works improvements.
b. Prepare bid/contracts. The City Engineer will be requested to prepare detailed plans, specifications, bid and contract documents for Public Works construction projects. In addition, the City Engineer will prepare a final cost estimate, required applications of approval of the construction by other governmental agencies, and assist the City in negotiating the acquisition of any necessary rightof-way or easement. c. Review bids. The City Engineer shall assist the City in the review of bids submitted for construction, in the selection of qualified contractors and in the inspection of construction work. The City Engineer will provide general supervision of the contract for Public Works construction projects. d. Inspect for compliance and conditions of approval set forth by the City’s Development Services Department, Planning Commission, and/or City Council. e. Coordinate with various City and County agencies and departments, including but not limited to the Orange County Sanitation District (OCSD) and the Rossmoor-Los Alamitos Sewer District, and the other governmental agencies providing services, and/or having jurisdiction over any aspects of a development project in order to obtain compliance with the applicable public right-of-way safety code regulations.
f. Enforce conditions of approval associated with discretionary permits regarding building and safety regulations, as adopted by the City. g. At the Consultants sole expense, provide all vehicles, fuel, maintenance and other equipment necessary for field personnel to carry out inspections and all required duties.
h. Provide special inspections by qualified inspectors and conduct investigations as directed by the City, including field and office research and the preparation of letters and/or documents.
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i. Provide inspection, investigation, and enforcement for violations to all applicable safety codes and regulations, as well as other adopted City ordinances, which relate to building and safety issues.
8. Capital Project Management
a. Identify capital projects. The City Engineer will identify current and possible future capital projects and document budget, scope, schedule, status, organizational responsibility (including other Professional Engineering Firms) and funding sources.
b. Organize and prioritize all capital projects. The City Engineer will develop regular reporting and monitoring processes to ensure implementation and completion of scheduled project tasks.
c. Capital project tracking. The City Engineer will track and monitor project status and specific milestone completion. The City Engineer will facilitate discussions and decisions necessary to keep projects on schedule.
d. Identify and report significant deficiencies. The City Engineer will identify and report concerns regarding meeting capital projects goals to the Development Services Director on a monthly basis (or as-needed).
e. Monitor budgets. The City Engineer will process payments including Gas Tax and other grant funding, monitor budget expenditures and assist with the review of contracts, proposals, invoices and Purchase Orders (PO). f. Document management. The City Engineer will create and store computer files, computer copies, and other types of records and files of work performed for the City using the systems designated by the Development Services Director. g. Ensure all applicable local, state and federal laws are adhered to including prevailing wages.
h. Provide public information regarding encroachment and wide load permit applications, plan check, inspection services and related matters. i. Establish, maintain, and update all forms in compliance City requirements, regulations, adopted standards, State or other laws and ordinances necessary for the operation of the Building Division, including “hand-out” sheets, which explain procedures identified as being provide by the City. j. All approval stamps, applications, forms and other documents used in providing Engineering Services to the City shall be identified with the City seal and other identification indicating that the approval stamps, applications, and documents are from the City of Los Alamitos. All of the stamps, applications, forms, and
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other documents or supplies shall be the property of the City (costs for the provisions of these processing tools and supplies shall be the responsibility of the City).
The professional services consulting agreement entered into by and between the City and City Engineering and Traffic Engineering services shall specify the scope of included services. The City reserves the right to enter into additional agreements with the City Engineer for specified projects (e.g., the design or construction observation of major public improvements), to contract with third parties for such services, or if within the scope of the City Engineering and Traffic Engineering services agreement, utilize the same to provide for such services.
9. Performance Standards & Monitoring
a. The Consultant shall be responsible for providing monitoring information to the City, that shows achievement of the performance standards and that personnel are providing helpful and courteous services to customers. The monitoring may include, but is not limited to, customer feedback through written questionnaires and interviews and observations at the building counter and during building permit inspections, and monthly statistical reports.
b. City has established Performance Standards that are to be applied to the processing of plan checks, permits, and general service to the public that interacts with the Development Services Department. These Performance Standards are described in subsection c below. The Consultant recognizes the targets established in the Performance Standards, and will adhere to these measures in the performance of its services for the City. The City reserves the right to add, amend, or eliminated Performance Standards at any time during the term of this Agreement. The City may use the Performance Standards to gauge the effectiveness of the Consultant’s service to the City. At the City’s request, the Consultant shall be responsible for providing monitoring information which shows that personnel providing services to the City are achieving the Performance Standards.
c. Consultant shall provide services, which meet the following maximum expected turn-around times for plan check and inspection services. In practice, Consultant shall provide these services with the fastest turn-around time feasible.
Additionally, the following Performance Standards shall be used as a guide to determine staff levels:
i. Plan Check
1. The review of all wide load permits shall be completed within three (3) working days or less from the date of submittal.
2. The review of all encroachment permits shall be completed
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(including traffic control plan review, when applicable) within seven (7) working days or less from the date of submittal.
3. The review of plans submitted for review shall be completed within ten (10) business days for the first check; and five (5) business days for each subsequent re-submittal.
ii. Inspection
1. As special circumstances dictate, after hour or weekend inspections will be conducted.
2. At all times, the City Engineer and/or the responding team member, shall conduct themselves in a courteous and
professional manner and utilize the phone to help coordinate and narrow inspection times and applicants.
iii. Counter
1. Provide service and support for the counter as needed during Engineering office hours Monday through Thursday, excluding City recognized holidays. Counter hours may be subject to a reasonable change by the City. Working days are subject to change at the discretion of the City to a 5 days a week/8-hour schedule, with thirty (30) day noticing to Consultant.
2. Answer the Engineering phone when not with a customer, and return telephone calls within two hours. Respond to all email inquiries within the one working day.
3. On an as-needed basis, assist the City in providing or updating any Engineering Division information to the City’s website. iv. Reference Materials – Consultant shall utilize the following documents however, the Consultant shall make use of additional reference material as appropriate. Consultant shall also be responsible for ensuring the most recent version of all reference materials are used, including any addenda and errata.
a. CEQA Determination
b. Regulatory Permits
c. Caltrans Highway Design Manual
d. Caltrans Local Assistance Procedures Manual
e. A Policy on Geometric Design and Highways and Streets (AASHTO)
f. California Regional Water Quality Control Board
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Requirements
g. California Manual of Uniform Traffic Control Devices (CA MUTCD)
h. APWA Standard Specifications for Public Works
Construction, “Greenbook” (general, miscellaneous 7
Roadway items).
i. City Standard Drawings and Specifications
j. Applicable State of California, Federal, and Local Codes and Manuals
k. Construction Best Management Practices (BMP’s)
l. Caltrans Standard Plans
m. Caltrans Standard Plans
n. Caltrans Filing System
o. Caltrans XS Sheets
p. Caltrans Standard Specifications, Standard Special
Provisions and Reference Specifications
q. All drawings shall be prepared in AutoCAD format
r. All dimensions shall be English units.
Note: The above listing of standards is not in order of precedence.
10. Staffing Levels And Cost Of Services
a. Identify the number of persons for each position that would be assigned to the City to provide the requested services. Indicate by the name and title those persons that will be providing City Engineering and Traffic Engineering services. Clearly indicate if each person will be assigned to the City full-time, part-time, as-needed, off-site, and whether persons assigned will be providing multiple services (i.e., Administration and Plan Checks).
11. Transition from Current Services
a. Consultant is to review City forms, procedures, and policies immediately and will recommend any deficiencies to the City that necessitate modifications. Any action is to be coordinately with City Management first prior to implementing any changes.
b. Consultant is to work alongside the City’s current service provider for Engineering Services for a minimum of four (4) weeks, prior to the conclusion of the City’s current contract to ensure a smooth transition. c. Identify how past and existing projects and administrative tasks will be handled, along with related responsibilities for issuance and/or inspection. d. Assure proper records transfer.
e. Develop timing/schedule for transition.
f. Implement progress/monitoring reports.
g. Establish meeting schedules to assess transition.
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5.1 Consultant Staff
It is essential that the Consultant provide adequate experienced and certified personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Consultant must agree to assign specific individuals to the key positions.
A. The Consultant agrees that once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City.
B. If key personnel are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Consultant shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.
C. The Consultant shall provide qualified English-speaking supervision in all areas of operations. The Supervisor shall be accessible to City staff via email, phone or in-person as necessary. The Consultant shall furnish only employees who are authorized, competent and skilled for work under this contract. Should it be determined by the City that the quality of work provided is substandard, at its discretion; the City may request the presence of a Supervisor during business hours.
D. The Consultant(s) shall provide sufficient staffing to perform all work in accordance with the specifications set forth herein.
E. The City may, at any time, give the Consultant(s) notice to the effect that the conduct or action of a designated employee of the Consultant(s). The Consultant shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and the Consultant(s) shall take reasonable measures under the circumstancesto remedy and improve the situation presented.
F. Assure the City that the conduct and activities of the Consultant's employee(s) will not be detrimental to the interest of the City or public.
G. The Consultant shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and to the public, the name of the Consultant. The identification system shall be furnished at the Consultant's expense and may include appropriate attire and name badges as specified by the City.
H. The Consultant shall direct their employees against the unauthorized
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reading and disclosing of materials and documents available in the facilities of the City and against unauthorized use of City and personal property,such as: telephones, radios, copy machines, computers, fax machines, etc.
Consultant will provide on-call services for job descriptions including but not limited to Project Manager, Designer, Assistant Engineer, Public Works Inspector, Survey Analyst, and Special Inspection.
5.1 Dress Code and Appearance
The Consultant(s) shall require each of its employees to adhere to industry standards of work ethics and attire. Shirts shall be worn at all times, and shall be buttoned and tuckedin. No caps with insignias or designs other than the Consultant's logo may be worn, and no caps shall be worn backwards.
5.2 Contract Enforcement
The Consultant(s) or its authorized representative shall meet with the Development Services Director quarterly, or more, at the discretion and convenience of the City.
The City reserves the right to perform audits at any time for the purpose of monitoring performance. The Consultant shall cooperate with City, representative(s) in the review and monitoring of Consultant's performance, and procedures.
In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action.
5.3 Term of Agreement
The term of the Agreement is expected to commence on July 1, 2023. The initial term of the Agreement is anticipated to be for three (3) years, with two possible – two (2) year extensions, at the sole discretion for renewal by the City.
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SECTION E
PROPOSAL SCHEDULE
CITY ENGINEERING & TRAFFIC
ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
37 1367754.1
SECTION E PROPOSAL
SCHEDULE
CITY ENGINEERING & TRAFFIC
ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Job Description Hourly Rate
City Engineer
Geotechnical Manager
Landscape Architect
Labor Compliance Manager
Traffic Engineer
Project Manager
Public Works Superintendent
Proposal A Schedule Total: $
Proposal B – Rate and Services Structure for Sub-Consultant(s)
Proposal B Schedule Total: $
Sub-Consultant(s) Hourly Rate
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The Consultant shall be responsible for calculating and providing unit prices for the schedule.
The Proposal Schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.
Proposal Schedule A & B Total: $
Proposal Schedule Total (in word):
Consultant is to include a Proposer’s Schedule for on-call services. The City requires all compensation proposals to be submitted in the format below. The Fee Schedule shall include:
1. Personnel consistent with the organizational chart.
2. Position/title in Company.
3. License held.
4. Hourly Rate
Example:
Personnel Name Position/Title in Company License (s) Held Hourly Rate John Doe Project Manager CPESC, PE $XX.XX
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SECTION F
CITY ENGINEERING & TRAFFIC
ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
40 1367754.1
CITY ENGINEERING & TRAFFIC
ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
[Enter name of Consultant]
THIS AGREEMENT FOR CITY ENGINEERING AND TRAFFIC ENGINEERING SERVICES (“Agreement”) is made and entered into, to be effective this day of 2022 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and ________________, (“Consultant”) a, ______________. City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that it requires the services of a qualified Consultant to provide design, plans, specifications, construction management and inspection services for Building & Safety Services. It is preferred that the Consultant provide the City an opportunity to review contract documents and RFP’s in advance of the agenda report deadlines.
B. In response to City’s formal Request for Proposals No. (RFP), dated , 2022, Consultant has submitted to City a written proposal, dated , 2023, to provide the desired services.
C. City desires to engage Consultant to provide such services subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services and Standard of Performance. Firm shall provide those services set forth in the Proposal, dated , 2022, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Firm shall provide the Project Services in compliance with all terms and conditions of this Agreement. Firm warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Firm represents and warrants that it and all employees, subconsultants and subConsultants providing
41 1367754.1
any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.
1.1.1 Contract Documents. This Agreement shall consist of the following: (1) the main body of this Agreement; (2) RPF No. , dated ; and (3) Firm ’s Proposal, Exhibit “A”. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the main body of this Agreement; (2rd) the RFP, and (3rd) Firm ’s Proposal.
1.2 Compliance with Law. All Project Services shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction. Firm shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Firm performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Firm shall be solely responsible for all penalties and costs arising therefrom. Firm shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to comply with such laws, ordinances, resolutions, statutes, rules or regulations.
1.3 Licenses and Permits. Prior to performing any Project Services, Firm shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Firm represents and warrants to City that Firm shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Firm to perform the Project Services. Firm shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Firm 's performance of the Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.
1.4 Familiarity with Work. By executing this Agreement, Firm warrants that Firm (a) has thoroughly investigated and considered the Project Services to be performed, (b) has carefully considered how the Project Services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.
1.5 Care in Performance of Project Services. Firm shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Project Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Project Services by the City, except such losses or damages as may be caused by City's own negligence.
1.6 Non-Exclusive Agreement. Firm acknowledges that City may enter into
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agreements with other Firm s, Firm s, Firm s, or vendors for services similar to the services that are the subject of this Agreement. Firm further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. Firm shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Dollars ($ ). The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2 Method of Payment. In any month in which Firm wishes to receive payment, Firm shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Firm and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within thirty (30) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally bind the Party for which he/she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or, (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Firm ’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the Project Services to be performed by Firm is an essential condition of this Agreement.
3.2 Schedule of Performance. Firm shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Firm , extensions of the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.
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3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Firm (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Firm , within ten (10) calendar days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Firm be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Firm 's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of three (3) years, ending on , , unless extended at the sole election of the City for an additional period of two (2) years, ending on June 30, 2030.
4. COORDINATION OF PROJECT SERVICES
4.1 Firm ’s Representative. The following principal of Firm is hereby designated as being the principal and representative of Firm authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith:
. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Firm and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Firm without prior written approval of the Contract Officer.
4.2 City’s Contract Officer. The City’s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Firm 's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Firm shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Firm , its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Firm shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Firm shall not contract with any other entity to perform the Project Services without prior written consent of City. If Firm is permitted by City to subcontract any part of this Agreement, Firm shall be
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responsible to City for the acts and omissions of its subConsultant (s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the performance of Project Services will be considered employees of Firm . City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Firm , taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Firm or any surety of Firm from any liability hereunder without the express written consent of City.
4.4 Independent Firm .
4.4.1 The legal relationship between the Parties is that of an independent Firm ; nothing herein shall be deemed to make Firm a City employee. During the performance of this Agreement, Firm and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Firm will determine the means, methods and details of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Firm shall at all times be under Firm ’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Firm or any of its officers, employees, or agents, except as set forth in this Agreement. Firm , its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Firm ’s officers, employees, or agents or in fixing their number, compensation, or hours of service. Firm shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters.
City shall not in any way or for any purpose be deemed to be a partner of Firm in its business or otherwise a joint venturer or a member of any joint enterprise with Firm .
4.4.2 Firm shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
4.4.3 No City benefits shall be available to Firm , its officers, employees, representatives, agents, subconsultant s or subConsultants in connection with the performance of any Project Services. Except for fees paid to Firm as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Firm for the performance of any Project Services. City shall not be liable for compensation or indemnification to Firm , its officers, employees, representatives, agents, subconsultants or subConsultants, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Firm ’s officers, employees, representatives, agents, or subconsultants or subConsultants, Firm shall defend, indemnify, and hold harmless City
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from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
4.5.1 In the event that Firm or any officer, employee, representative, agent, subconsultant or subConsultant of Consultant providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Firm shall indemnify, defend, and hold harmless City against (1) all such claims and determinations, (2) for the payment of any employee and/or employer contributions for PERS benefits on behalf of Firm or its officers, employees, representatives, agents, subconsultants or subConsultants, and (3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Firm and any of its officers, employees, representatives, agents, subconsultants or subConsultants providing any Project Services shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Firm shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Firm shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Firm ’s existing insurance policies do not meet the insurance requirements set forth herein, Firm agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Firm shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
5.2.1 Professional Liability/Errors and Omissions Insurance ("PLI"). Firm shall obtain and maintain a policy of Professional Liability or Errors and Omissions Insurance appropriate to Firm’s profession with per-claim and aggregate limits of no less than Two Million Dollars ($2,000,000.00). Covered professional services shall specifically include all Project Services to be performed under the Agreement and the policy shall be endorsed to delete any exclusions that may exclude coverage for claims within the minimum PLI limits set forth herein for the Project Services to be performed under this Agreement.
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5.2.1.1 The PLI policy shall be endorsed to delete any Contractual Liability Exclusion. The PLI shall include contractual liability coverage applicable to this Agreement. The policy must “pay on behalf of” the insured, and include a provision establishing the insurer’s duty to defend the insured.
5.2.1.2 If the PLI policy is written on a “claims-made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of all Project Services provided hereunder (the "PLI Coverage Period"). If any PLI policy is replaced, cancelled, non-renewed, discontinued, or otherwise terminated, or if the limits of a PLI policy are reduced or the available coverage depleted below the required minimum coverage amounts for any reason during the PLI Coverage Period, Firm shall immediately obtain replacement PLI coverage meeting the requirements of this Section
5.2.1. Such replacement coverage shall satisfy all requirements herein, and shall include coverage for the prior acts or omissions of Firm during the time period during which any Project Services were performed. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.
5.2.1.3 If the PLI policy is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Project Services provided for in this Agreement, whichever is later. In the event of termination of the PLI policy during this period, new coverage shall immediately be obtained, and written evidence of the policy shall be immediately provided to the City, to ensure PLI coverage during the entire course of performing the Project services.
5.2.1.4 Firm shall not perform any Project Services at any time during which required types or amounts of PLI insurance are not in effect, and the City shall have no obligation to pay Firm for Project Services performed while required PLI insurance is not in effect.
5.2.2 Commercial General Liability Insurance. Firm shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000.000.00) in the general aggregate.
The policy shall not contain any endorsements or provisions limiting coverage for (1) contractual liability, (2) cross liability exclusion for claims or suits by one insured against another, or (3) contain any other exclusion contrary to the Agreement.
5.2.3 Automobile Liability Insurance. Firm shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance.
Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence basis, covering Code 1 (any auto), or if the Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000.00) for each occurrence covering bodily injury and property damage.
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5.2.4 Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subConsultants, if any, to do likewise under their workers’ compensation insurance policies. Firm shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Notwithstanding the foregoing, Firm shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if Firm provides written verification to the City that Firm does not have any employees.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed Firm authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI)), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the work or Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Firm agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Firm shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Specific Insurance Provisions and Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Firm shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
5.4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:
5.4.1.1 Additional Insured. The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
5.4.1.1.1 Additional Insured Endorsements. Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Firm , or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
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5.4.1.2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to be primary, and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.
5.4.1.3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Firm or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Firm hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Firm hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subConsultants.
5.4.2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Firm ’s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten (10) calendar days prior written notice. (A statement that notice will be provided "in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)
Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City's sole and absolute discretion.
5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Firm shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Firm shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.
5.6.1 Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval.
5.6.2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.
5.6.3 Renewal/Replacement Policies. At least fifteen (15) calendar days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Firm shall, within ten (10) calendar days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been
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reinstated or has been provided through another insurance Firm or companies meeting all requirements of this Agreement.
5.7 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Firm may be held responsible for payments of damages to persons or property.
5.8 Enforcement of Agreement (Non-Estoppel). Firm acknowledges and agrees that actual or alleged failure on the part of the City to inform Firm of any non- compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.9 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subConsultants engaged in the performance of Project Services on behalf of Consultant as additional named insureds under the Consultant’s insurance policies; or (2) Consultant shall be responsible for causing its subconsultants or subConsultants to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. Consultant shall not allow any subconsultant or subConsultant to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subConsultant has secured all insurance required under this section.
5.10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Consultant and its subconsultants and subConsultants, if any, pursuant to this Agreement:
5.10.1 Consultant shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
5.10.2 All insurance coverage and limits provided by Firm and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
5.10.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
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5.10.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Firm ’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5.10.5 Firm agrees to ensure that subconsultants and subConsultants, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Firm agrees that upon request, all agreements with subConsultants and others engaged in the provision of Project Services will be submitted to the City for review.
5.10.6 Firm agrees to provide immediate written notice to City of any claim, demand or loss against Firm arising out of the work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Firm shall defend (at Firm ’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Firm , its officers, directors, employees, subconsultants, subConsultants, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.
Notwithstanding the foregoing, and only to the extent that the Project Services performed by Firm are subject to California Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Firm .
Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Firm ’s indemnification obligation or other liability hereunder.
Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.
7. REPORTS AND RECORDS
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7.1 Records. Firm shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Firm shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project Services.
The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Firm shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Firm , its employees, subconsultants, subConsultants and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Firm may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein.
Firm shall ensure that all of its subconsultants and subConsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Firm fails to secure such assignment, Firm shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Firm , its employees, subconsultants, subConsultants and agents in the performance of Project Services shall not be released publicly without the prior written approval of the Contract Officer.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Firm covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City’s consent to or approval of any subsequent act of Firm . Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies
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expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.4 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty (30) calendar days written notice to Firm , except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, Firm shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Firm shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.
8.6 Termination for Default of Firm .
8.6.1 Firm ’s failure to comply with any provision of this Agreement shall constitute a default.
8.6.2 If the Contract Officer determines that Firm is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Firm in writing of such default. If such default is capable of being cured, Firm shall have ten (10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Firm fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Firm shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.5.
8.6.3 If termination is due to the failure of Firm to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Firm shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Firm for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Firm shall not limit Firm ’s liability for completion of the Project Services as provided herein.
8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this
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Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) calendar days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, "Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney(s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250.00) per hour.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Firm , or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Firm or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Covenant Against Discrimination. Firm covenants that, by and for itself, its heirs, executors, assigns, subConsultants, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Firm shall take affirmative action to insure that applicants and employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation of the Party receiving the notice, or sent by pre-paid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two (2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – .
54 1367754.1
To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA 90720
[email protected]
With copy to:
Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Consultant: Name of Firm
Street
City, State, Zip Code
Email
10.2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.
10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.5 Third Party Beneficiary. Except as expressly provided herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.6 Recitals. The above-stated Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.7 Prevailing Wages. Firm is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”). Firm agrees to fully comply with all
55 1367754.1
applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Firm shall bear all risks of payment or non-payment of prevailing wages under California law, and Firm hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
10.8 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which the Party for which he/she is signing is bound.
[SIGNATURES ON NEXT PAGE]
56 1367754.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:
Shelley Hasselbrink
Mayor
APPROVED AS TO FORM.
Woodruff, Spradlin & Smart, APC
By:
Michael S. Daudt
City Attorney
ATTEST:
By:
Windmera Quintanar, MMC
City Clerk
“Firm ”
Name of Firm
By:
Name
Title
Email
By:
Name
Title
Email
EXHIBIT “A”
1277023.1
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: March 20, 2023 ITEM NUMBER: 10H
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Rejection of Bids for Requests for Proposals (RFP) 2022-03 for the Installation/Upgrade of the City’s Access Control System
SUMMARY
On Thursday, February 2, 2023, the City received one (1) bid submittal in response to Requests for Proposals (RFP) 2022-03 Access Control System. RFP 2022-03 solicited services for the installation and/or upgrade of an existing access control system for specified City facilities. The submitted bid surpassed the anticipated budget, which considered new hardware installations and upgrades to the existing system. As a result, staff is recommending the rejection of the submitted bids.
RECOMMENDATION
Rejection of all bids received for Requests for Proposals (RFP) 2022-03 Access Control System.
BACKGROUND
Communities across the nation face an evolving and unique set of threats, hazards, and security challenges. As a result, the City has prioritized the need to incorporate improvements that offer a safer environment at City facilities – some of those improvements include the recent installation of additional security fencing around the Civic Center, the installation of security cameras, and the upcoming installation of panic buttons.
In its next phase, the next project in line considers the necessary improvements to the outdated access control system, which in its current condition compromises the level of security offered. Access control systems are a familiar security feature, which minimize security risks, verify and limit employee access where necessary to ensure confidential information remains secure, while maintaining public access to other City facility areas. The current access control system serves areas surrounding City Hall 1, City Hall 2, the Council Chamber, and limited areas of the Police Department. At this time, the Community Center, Youth Center, the Preschool building, and the Public Works garage are not included within the existing access control system.
During the November 2022 meeting, Council approved RFP 2022-03 for the installation/upgrades to the City’s Access Control System. Subsequent to its approval, staff noticed this solicitation for bids on Wednesday, November 23, 2022 and Wednesday, November 30, 2022.
DISCUSSION
At the time of bid opening, the City received one (1) proposal in response to RFP 2022-03 Access Control System. The first and only bid received from Johnson Controls was in the amount of $262,361.70. Based on the bid received and the anticipated cost, the City does not have the budget to proceed with the project as originally identified.
Staff is recommending the rejection of the bids, in anticipation of a revised RFP to be brought back to Council for consideration at a later date.
FISCAL IMPACT
None.
Attachment: 1. Johnson Controls Propsal
2. Request for Proposal (RFP) 2022-03 Access Control
RFP No. 2022-03
Access Control System
For
Development Services Department
10-27-22
Attention Ron Noda
Table of Contents
A. Letter of Transmittal ...........................................................................................................................
B. Contractor Data ...................................................................................................................................
C. Proposal ...............................................................................................................................................
1. Letter of Introduction...........................................................................................................................
2. Contractor’s Approach – Scope of Work ..........................................................................................
3. Brief Contractor’s Profile .................................................................................................................
4. Location of Principal Office .............................................................................................................
5. Description of Professional Qualifications ....................................................................................
6. Personnel To Be Assigned - Resumes ...........................................................................................
7. Provide Examples of Services or Projects .....................................................................................
8. Cost Proposal ....................................................................................................................................
9. List of Personnel with a Relationship with this RFP .....................................................................
10. Additional Information – Construction Management, etc. ............................................................
11. Liability Insurance in the State of California / YES ........................................................................
12. Proof of Insurance ............................................................................................................................
13. List of References .............................................................................................................................
14. Description of Systems Transition From Old To New System .....................................................
15. Items Referenced as “Listed Below” .............................................................................................
©2022 Johnson Controls International plc – Do not
copy (physically, electronically, or in any other media) without the express written permission of Johnson
Controls International plc.
City of Los Alamitos Access Control System Executive
Summary of Services
The following summary is intended to provide an overview of our response to RFP No. 2022-03 invitation for the replacement of the existing access control system. Johnson Controls will provide a solution to migrate existing card readers to the new access control system. This will provide the City of Los Alamitos with a fully functioning, operational single access system for a Lump-Sum, not -to- exceed fee proposal of $280,112.70 not including taxes
Included with the above solution and price, Johnson Controls, Inc. will provide Five years of support. This will include ongoing online support, and perform the annual inspection of the locks, door readers, and the access control panels for a Lump-Sum, not-to-exceed proposal of $17,751.00. This is included in the above price. For service and installation outside this agreement the hourly rates is $258.00.
We have assembled a committed Design / Build Team to successfully deliver the scope of work outlined in the RFP. Johnson Controls believes that our assembled Security Integrator & services team, under the direct supervision, project management, and scheduling operatives of Johnson Controls, will deliver the best design and execution for this project. Our proposed team’s performance will enhance the safety and security for each facility by providing the new Qumulex access control system for a full- service, scalable, access control/security system providing, future value engineering advantages, future integration simplicity, and extended maintenance options.
Johnson Controls has the capability to provide single-source accountability for the design, installation, commissioning, optimization and long-term operational support of all security systems within a facility or campus environment. We work with our customers to "build with the end in mind," helping them to design facilities and equipment that provide for maximum productivity and efficiency throughout the lifecycle of the facility
Thank you very much for this opportunity. We feel honored to be invited to participate in this opportunity to be considered to provide this upgraded system. The critical nature of this system, providing a safe and secure environment is a responsibility we at Johnson Controls fully understand and respect.
Protecting your facility is your top priority, as it is ours.
We look forward to working together, and hope this proposal meets and exceeds your expectations.
Respectfully,
Mark Thummel
Account Executive,
Complex Security and Fire – Southern California
1. Letter of Transmittal
©2022 Johnson Controls International plc – Do not
copy (physically, electronically, or in any other media) without the express written permission of Johnson
Controls International plc.
ProjectManagementProcess
We begin our process by developing the assigned project team, creating the Project Execution Plan (PEP), and establishing our quality control and monitoring tools. This approach is based on proven Johnson Controls methodologies and assures a coordinated planning, design, and deployment schedule. This approach continues through final commissioning and turnover to the customer, and concludes with formal closeout tasks, documentation, and reports.
The Project Manager will oversee all preparation, design, quality controls, scheduling, installation, and subcontractor activities through the Project Closeout and Lessons Learned revie Johnson Controls WorkPlan Overview
While Johnson Controls utilizes proven project management methods for all projects, best practices dictate that we tailor our approach when it comes to each customer and project based on delivering the best outcome possible. By focusing on communication and close coordination we strive to provide the best possible overall project experience during our engagement with the City of Los Alamitos.
FieldPreparations andDeployment
Field equipment assessment will need to be done to ascertain any challenges associated with removal and reinstallation of new equipment for each specific location. Each area will have it’s own unique challenges with equipment placement, panel sizing, existing wiring conditions, etc. that will need to be identified and a plan created for how the work will be performed. This assessment and mitigation planning will allow for a smooth transition from the old to the new system and reduce any necessary down time to a minimum.
Control and Monitor Workto Ensure Quality
Delivery of the technology systems for this project requires stringent controls to ensure on-time, on- budget completion of the job. Johnson Controls will implement our quality control plan and processes with that of customer and the requirements outlined in the Project Documents.
Acceptance Testing & Commissioning
Through the Project Installation & Testing phase, Johnson Controls will engage with the project stakeholders to develop, define and execute project specific installation and testing requirements. The Johnson Controls team understands that many systems and applications have already been implemented on previous programs, and overall testing and commissioning requirements will be leveraged from similar programs.
Bill of Materials Qty
P-500-H-A Supports Farpointe + certain AWID® 125-kHz Proximity Card Reader 34 PSM-2P-H PVC Card 175
WRR-22 Long-Range Receiver, 2-channels, 100-feet; mounts to wall box 2 WRT-2+H 2-Button Transmitter w/ certain HID® 125-kHz Proximity 30 QXEP-DKUF-08DR-1502-MR52-U
Mercury - Unified series 8 Door kit, unmanaged. Includes (1) QXEP-LP1502 Intelligent Controller and (3) QXEP-MR52-S3B, and (1) LifeSafety Power Unified E6 enclosure with Mercury backplate,measuring 30x23x6.5 7 DS160 Request to Exit Motion Sensor 16
199-12-W 1" Recessed Door Contact: DPDT 35
Maxim Subcontractor 1
TAKING YOUR FACILITIES TO ANOTHER LEVEL
Contractor’s Approach To Delivering this Scope of Services
©2022 Johnson Controls International plc – Do not
copy (physically, electronically, or in any other media) without the express written permission of Johnson
Controls International plc.
TERMS AND CONDITIONS
By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions:
SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Plastering, patching and painting are excluded. “in-line” duct and piping devices, including, but not limited to, valves, dampers, humidifiers, wells, taps, flow meters, orifices, etc., if required hereunder to be furnished by Johnson shall be distributed and installed by others under Johnson’s supervision but at no additional cost to Johnson. Purchaser agrees to provide Johnson with required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. Johnson agrees to keep the job site clean of debris arising out of its own operations. Purchaser shall not back charge Johnson for any costs or expenses without Johnson’s written consent.
Unless specifically noted in the statement of the scope of work or services undertaken by JCI under this agreement, JCI’s obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal, or disposal of hazardous or dangerous materials, to include but not be limited to asbestos or PCBs, discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the purchaser to change, modify, or alter the scope of work or services to be performed by JCI shall not operate to compel JCI to perform any work relating to hazardous or dangerous materials without JCI’s express written consent.
INVOICING & PAYMENTS. Johnson may invoice Purchaser monthly for all materials delivered to the job site or to an off-site storage facility and for all work performed on-site and off-site. Ten percent (10%) of the contract price is for engineering, drafting and other mobilization costs incurred prior to installation. This 10% shall be included in Johnson’s initial invoice. Purchaser agrees to pay Johnson the amount invoiced upon receipt of the invoice.
Waivers of lien will be furnished upon request, as the work progresses, to the extent payments are received. If Johnson’s invoice is not paid within 30 days of its issuance, it is delinquent.
MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of Johnson, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of permanent unavailability, Johnson shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute thereof.
WARRANTY. Johnson warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a period of one (1) year from delivery of said equipment, or if installed by Johnson, for a period of one (1) year from installation. Johnson warrants that for equipment furnished and/or installed but not manufactured by Johnson, Johnson will extend the same warranty terms and conditions which Johnson from the manufacturer of said equipment.. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCULDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.
LIABILITY. Johnson shall not be liable for any special, indirect or consequential damages arising in any manner from the equipment or material furnished or the work performed pursuant to this agreement.
DELAYS. Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond Johnson’s control, including, but not limited to, acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Purchaser, Owner or other Contractors or delays caused by suppliers or subcontractors of Johnson.
COMPLIANCE WITH LAWS. Johnson shall comply with all applicable federal, state and local laws and regulations and shall obtain all temporary licenses and permits required for the prosecution of the work. Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser.
DISPUTES. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorney’s fees incurred as a result. Nothing here shall limit any rights under construction lien laws.
INSURANCE. Insurance coverage in excess of Johnson’s standard limits will be furnished when requested and required. No credit will be given or premium paid by Johnson for insurance afforded by others.
INDEMNITY. The Parties hereto agree to indemnify each other from all liabilities, claims, expenses, losses or damages, including attorney’s fees, which may arise in connection with the execution of the work herein specified and which are caused, in whole or in part, by the negligent act or omission of the Indemnifying Party.
Project Site: The network and all associated hardware, PCs, IP addresses, network configuration and software will be provided by the customer .
Any and all gate alterations will be provided by the customer The existing access control system programming and configuration (included existing card holder data base) shall be provided by the customer.
All existing door hardware shall be in proper operating condition and any repairs on will be at the cities expense.
Any trenching, and exposed conduit will be provided at an additional expense.
The existing wire for the current access control system shall be in proper operating condition to support the new system.
©2022 Johnson Controls International plc – Do not
copy (physically, electronically, or in any other media) without the express written permission of Johnson
Controls International plc.
TAKING YOUR FACILITIES FACILITIES TO ANOTHER ANOTHER LEVEL
3. Contractor Data
Snapshot
Name of Company Johnson Controls, Inc
Principal Address 5757 North Green Bay Avenue
Milwaukee, WI 53209
Telephone Number +1 (414) 524-1200
Corporation Type C Corp
NYSE Ultimate indirect parent:
Johnson Controls International plc
A publicly traded Irish Company [NYSE: JCI]
D&B Number 00-609-2860
Description of the Company Johnson Controls, Inc. (the “Company”) is an indirect wholly owned subsidiary and the North American
operating company of Johnson Controls International
plc.
The Company creates intelligent buildings, efficient
energy solutions, integrated infrastructure and next
generation transportation systems that work seamlessly
together to deliver on the promise of smart cities and
communities. The Company is committed to helping our
customers win and creating greater value for all of its stakeholders through strategic focus on our buildings
and energy growth platforms.
Its indirect parent, Johnson Controls International plc (NYSE: JCI), was formed in 2016 through a merger
between Tyco International Ltd. and one of Johnson
Controls’ subsidiaries. Johnson Controls, Inc. became a subsidiary and the North American operating company
of Johnson Controls International plc through a merger
that closed on September 2, 2016. Johnson Controls
International plc is headquartered in Cork, Ireland and has primary offices in Milwaukee, Wisconsin, and
Shanghai, China. Its sales for fiscal year 2020 totaled approximately $22 billion. For additional information,
please visit: www.johnsoncontrols.com.
Representative Mark Thummel
Southern California Account Executive – Security/Fire
Building Solutions North America
Johnson Controls
City Business License Number 0000058170-0001-2
©2022 Johnson Controls International plc – Do not
copy (physically, electronically, or in any other media) without the express written permission of Johnson
Controls International plc.
4. Location of Principal Office
Johnson Controls, Inc. Local Cypress Ca. office will be supporting this project. 5770 Warland Ave.
Cypress, CA 90630-5030
5. Description of Professional Qualifications
Johnson Controls has designated the team who will be responsible for working directly with the city.
This is the same team identified with the previous question:
Mark Thummel: Account Executive-Security/Fire John Kalinin: Account Executive-Security/Fire Josh Stone: Metro Market-Lead Systems
Specialist Tony Magdaleno: Systems Engineer
Due to the size of the Johnson Control’s footprint in California and the number of trained technicians we have, JC can borrow from surrounding SSOs and region to adequately provide coverage during high volume installation times with certain projects and regions.
6. Personnel To Be Assigned - Resumes
Johnson Controls has included with the attachment the resumes of the key personnel who will be involved with this account. These resumes are listed below under Item 15.
Attachment #1-JCI John Kalinin – Resume
Attachment #2-JCI Josh Stone - Resume
Attachment #3-JCI Mark Thummel – Resume
Attachment #4-JCI Tony Magdaleno - Resume
Subcontractors
Johnson Controls will use Maxim Security as a sub-contractor for this proposal. Will Crawford is the contact with this sub-contractor, and he did attend the three days of mandatory pre-bid site walks. The following is information about Maxim Security, plus a copy of their executive summary has been attached.
It is labelled as Attachment #5-Maxim Security.
Business Name: Maxim Security Systems, Inc. Contractors State License Board Number: 919445 Entity:
Corporation Classification(s): C10, C28 Expiration Date: 07/31/2024
TAKING YOUR FACILITIES TO ANOTHER LEVEL
©2022 Johnson Controls International plc – Do not
copy (physically, electronically, or in any other media) without the express written permission of Johnson
Controls International plc.
7. Provide Examples of Services or Projects
Johnson Controls has included with the attachment of Reference Projects with customer that are active customers listed below under item 15. The projects are supported by the resumes of the key personnel who will be involved with this account along with several additional personnel. Additionally, Johnson Control has spent over 137 years in providing buildings with various solutions. We have learned that nothing is as important as our Local Government, Multi Site clients and customers. At these multi-site facilities everywhere, safety has changed drastically in the past few years. Today’s staff, managers and directors, want the peace of mind that comes from the kind of advanced security solutions we provide.
For many local governments, security means access control so you can manage who enters your facilities (and who can’t) as well as intrusion detection to monitor public and private rooms and other areas around the clock. Security often means video surveillance, covering everything from classrooms to playing fields to parking lots. All of these systems can be integrated into comprehensive alarm systems. We also provide physical access controls to fortify your facilities against unauthorized people, vehicles, and other threats.
We can also make it easier to implement the right security solution from a financial perspective through a combination of discounting and the ability to take advantage of funding initiatives. We are the world leader in providing solutions for our educational partners. We provide the necessary solution, innovate technologies and products that create the access control scenarios desired, and have the trained workforce in place to design, procure, install, program, and service these systems for years to come.
Johnson Controls has selected a unique staff to assign to the City of Los Alamito’s projects. The range of projects they have successfully implemented include:
• state, local and federal government facilities
• major airport expansions
• water districts
• stadiums
• hospitals
• courthouses
This team will use it leadership abilities and vast industry experience and knowledge to ensure the installation, programming, and continual service of this project is smooth and seamless for the City of Los Alamitos.
TAKING YOUR FACILITIES TO ANOTHER LEVEL
©2022 Johnson Controls International plc – Do not
copy (physically, electronically, or in any other media) without the express written permission of Johnson
Controls International plc.
Johnson Controls, Inc. has read and understands the following request from the City of Los Alamitos per the Door Access Control Replacement in the RFP and Addendum 1 and Addendum 2. Johnson Controls, Inc. is pleased to present to you our proposal response.
The lump sum proposal price must include all necessary labor, materials, and fees to complete the work required by Project Scope and Specifications for the locations and equipment listed in the Bill of Materials. Permits, licenses and fees will be obtained at the award of the contract. Federal, State and local taxes are not included in the total proposal price.
In response, Johnson Controls Inc, offers a one time, “Lump Sum” installation fee charge of $262,361.70 to fulfil the requirements spelled out in this RFP.
The additional service, maintenance program is offered as a separate “Lump Sum” service support fee of $ 10,812.00 for the first three years
The fourth year is offered as a separate “Lump Sum” service support fee of $ 3,359.00 The fifth year is offered as a separate “Lump Sum” service support fee of $ 3,580.00 PSA / Professional Services Agreement / Maintenance System Coverage Enhanced Coverage Support: Scope of Work
Johnson Controls, Inc. will provide three years of support with ongoing online support, and perform the annual inspection of the locks, door readers, and the access control panels.
Functional Test & Inspection – JCI will provide a Test and Inspection on the equipment indicated in the list of maintained equipment within this agreement, including the replacement of the batteries in each panel on an as needed basis.
Support Services – JCI will provide system support services for the customer’s listed equipment as identified in this agreement with the following:
1. Account Representative – will be assigned to monitor system performance and to consult with the customer on service history and application strategies.
2. Telephone Assistance – will be provided to assist the customer to recognize operational needs, resolve problems, etc.
In order to better serve you, Johnson Controls has a National Dispatch Center (NDC) with fully trained staff to provide support and direction
• All customer calls for new service requests can be placed at 855-680-7856, or by email:
[email protected]
• Calls will be answered immediately and supported by our trained staff of professionals. • After hours calls are placed to the same number 855-680-7856 and responded to as outlined our customer’s PSA Maintenance agreement. For Los Alamitos this will be within the next business day. • Our local, highly trained, field technicians will be contacted and coordinated as requested by the customers.
• Upon satisfactory completion of the service request, the customer will be billed accordingly.
TAKING YOUR FACILITIES TO ANOTHER LEVEL
TAKING YOUR FACILITIES TO ANOTHER LEVEL
National Deployment Center
TAKING YOUR FACILITIES TO ANOTHER LEVEL
8. Fee Proposal
Johnson Controls, Inc. confirms that to the best of the proposer’s knowledge, there are no existing conflicts of interest between JCI and the City of Los Alamitos.
10. Additional Information
Through our WeGive global volunteer program, when employees volunteer with an eligible cause that builds safe, smart and sustainable communities, a
$10/hour corporate donation follows upon approval. Nearly 800,000 nonprofit organizations in 200 countries where our employees live and work, are approved as eligible for the program.
Globally, more than 80% of Johnson Controls volunteering ties to one of the 17 United Nations Sustainable Development Goals (SDG), with 40% to Sustainable Cities and Communities and 20% to Quality Education.
Through the program, Johnson Controls seeks to better connect our philanthropy and volunteerism, leveraging the impact of both.
Philanthropy: In the last ten years, Johnson Controls Foundation has funded more than $77 million to support U.S. charitable organizations.
11. Liability Insurance in the State of California / YES
12. Certification of Proposal
We have included a sample of our Certificate of Insurance for review, listed below under item #15.
13. List of References Certification of Proposal
14. Description of Systems Transition from Old to New System.
This process is described in Item #2 and it has been used to a certain extent in all of the referenced projects and thousands of other JCI projects throughout the country.
TAKING YOUR FACILITIES TO ANOTHER LEVEL
9. List of Personnel with a Relationship with this RFP Agreement
15. Items Referenced as “Listed Below”
Johnson Controls has included the following attachments in this RFP response to the City of Ontario:
Attachment #1-JCI John Kalinin – Resume
Attachment #2-JCI Josh Stone - Resume
Attachment #3-JCI Mark Thummel – Resume
Attachment #4-Tony Magdaleno - Resume
Attachment #5-Maxim Security
Attachment #6-JCI References
John Kalinin
Account Executive – Connected Technologies
[email protected]
562-760-3099
----------------------------------- PROFESSIONAL SUMMARY ---------------------------------- Technology systems professional with 34 years of industry experience across multiple vertical markets.
Responsible for the sale and development of complex, high value sales engagements involving multiple stakeholder groups and technology disciplines. Has lead sales engagements and pre-sales development of major projects ranging to ~$70M+. Has held positions responsible for engineering complex multisystem integrations, to include pre/post sales engineering, customer / project / system requirements and process development, integration development for hardware and software, test process development and execution, and project management. Specializing in technology systems/software integration, access control, CCTV, IP video, security systems, networked video storage, lan/wan/wireless/mesh networking, RFID/RTLS, perimeter systems, event / alert management, nurse call, infant tagging, AV, DAS, structured cable, operations / command centers, physical security information systems (PSIM), enterprise optimization, IoT, etc.
------------------------- EDUCATION, TRAINING AND CERTIFICATION ------------------- • Business & IT Technology, UCLA Extension Irvine Valley College , Santa Monica CC --------------------------------SECURITY PROJECT EXPERIENCE ----------------------------- • LAWA LAX‐ConRAC Consolidated Rental Car Facility Contract Amount ~ $ 15M Completion: Aug‐23 • Los Angeles Stadium & Entertainment District Contract Amount ~ $ 13M Completion: Jul‐20 • Marin General Hospital Contract Amount ~ $ 18M+ Completion: Jun‐20 • Sales Force Tower Contract Amount ~ $ 3.4M Completion: Feb‐17 • Sacramento Kings ‐ Entertainment & Sports Cntr Contract Amount ~ $ 5.7M Completion: Sep‐16 • Ventura County Medical Center Contract Amount ~ $ 4M Completion: Sep‐14 • San Francisco 49er’s (Levi’s) Stadium Contract Amount ~ $ 6M Completion: Jul‐14 • Long Beach Court Building Contract Amount ~ $ 23M Completion: Sep‐13 • Los Angeles World Airports (LAWA) Contract Amount ~ $ 2.6M Completion: Feb‐10 • Roy and Patricia Disney Family Cancer Center Contract Amount ~ $ 4.2M Completion: Feb‐06 • Metropolitan Water District of SoCal Contract Amount ~ $ 9.5M Completion: Feb‐06 • Los Alamitos Airport Contract Amount ~ $ 2.6M Completion: Jun‐04 • American Presidents Lines Terminals Contract Amount ~ $ 1.0M Completion: Aug‐02
TAKING YOUR FACILITIES FACILITIES FACILITIES TO ANOTHER ANOTHER ANOTHER LEVEL
15. Appendices/Attachments
Josh Stone
3568 Ruffin Rd. San Diego, Ca 92123
[email protected]
----------------------------------- PROFESSIONAL SUMMARY ---------------------------------- Education
WECA | 2011-2014 | Apprenticeship
· Salutatorian
· State Fire alarm and VDV certified
Field operation manager | siemens | 06/2021-present
· Responsible for all field personnel and construction scheduling. Direct contact for customer needs and commissioning support. Direct report for all subcontractors. Responsible for tools and safety of field.
Manage time, budgets, and scheduling.
Fire Engineering specialist | siemens | 05/2019-06/2021 · In charge of all aspects of contract from start to finish. Coordinate with sales staff for bidding, picking out subcontractors, schedules, financials, forecasting labor and material, manage subcontractor personnel, and execution of all system programming and commissioning. $1mil portfolio/year.
Specialist/programmer | siemens | 7/2017-05/2019
Report directly to the PM, coordinate with subcontractors and GC on commissioning fire alarm system with other trades. Direct on site contact for customer. Program all functions of the fire alarm system. Proficient in smoke control (active and passive) programming, testing, and coordinating with 3rd party inspectors.
Foreman/general foreman | Berg electric | 9/2010-07/2017 National fire alarm experience. Multiple $1 mil jobs completed as direct foreman and responsible for all site responsibilities as fire alarm installation and commissioning contractor. Omaha, NE over 1.5 million sqft government facility (Stratcomm) project with full smoke control, MNS system, and visual text sign egress integration. In charge of all material, manpower and GC coordination on site.
Certifications
NICET Level 3 Fire Protection Engineering Certified
Exacq Vision Certified
California State Fire Life Safety License
Mark Thummel
Account Executive – Complex Security/Fire
5770 Warland Dr. Cypress, CA 90630
[email protected]
562-594-3222
Professional Summary
Mr. Thummel is a Connected Technology Account Executive with 20+ years of experience providing consultative and customized electronic security systems delivering safer, sustainable environments. He brings his vast experience strategically evaluating the customer’s business needs to provide the appropriate solutions to make their business safer and more profitable. He works closely with our operations team building, developing, and supporting them execute and deliver projects on time and within budgetary constraints.
Employment History
Johnson Controls, Inc. Las Vegas, NV 9 years to
present
Major Projects Sr. Account Executive / Account Manger
• Major Project – Airport Expansion Project – 30-million-dollar terminal integrated system • Local Integrated Systems; Airport Badging and PISM integrated systems upgrade and migration to a new platform.
• Airport Security Systems – 5.1-million-dollar annual service contract for 24/7 security and access control systems maintenance covering 2,170 card reader and associated locking door hardware.
• Clark County Intrusion and Security Systems Upgrader with Migration – 2.7-million-dollar project to bring the county’s VMS and CCTV systems up to date and integrate with county wide ACS systems.
• Las Vegas Valley Water District – 2.1-million-dollar project to completely replace the entire intrusion and access control systems at all business facilities and 31 remote pump and process stations.
• Primm Valley Solar Towers – $784,000 new perimeter security systems with detection and Certifications
American Society of Industrial Security, American Society of Professional Estimators, American Management Association, North American Diversification Council, National Professional Facilities Managers Association, American Society of Industrial Security. Bold Advanced Leadership Champion course certification.
Maxim Security Systems Inc.
Executive Summary
Maxim Security Systems, Inc. is dedicated to providing technology solutions to an ever changing and challenging security environment. Maxim Security Systems has more than 25 years of experience providing systems integration and network infrastructure services.
Our areas of expertise include:
• Access Control
• Biometric Systems
• CCTV/Video Management Systems
• Intelligent Video Surveillance
• Structured & low-Voltage Cabling.
Maxim can work with you to design a customized solution that addresses the evolving security needs of your business in the most effective way possible. We’ll help you choose which products and services can best serve your specific set of challenges and needs.
Electronic access control helps protect valuable assets and sensitive areas. Helps restrict and manage business access and increases employee safety.
Video surveillance cameras and digital recording may reduce fraudulent liability claims and document incidents. Improving employee productivity and business efficiencies, in turn, increasing net profit. 9064 Pulsar Court Ste F | Corona, CA 92883 USA | Tel: 951.526.2979 | Fax: 951.526.2879 | www.maximsecuritysystems.com
Reference #1
Customer Name Santa Rosa Junior College District Contact Name Amy Haedt SRJC Capital Projects - Project
Customer Address 1501 Mendocino Ave, Contact Title Manager Services Provided
Santa Rosa, CA 95401 Contact Phone 707‐732‐0017
Access Control, Video Surveillance,
Emergency Communications Contact Email [email protected] Multi-Facility Yes Years of Services 5+ Years
Reference #2
Customer Name Long Beach Public Works Contact Name April Walker Project Management Officer, Public
Customer Address 411 W Ocean Blvd Contact Title Works
Services Provided
Long Beach, CA 90802 Contact Phone 562-570-6561
Security Service, Building Automation,
FA, Access Control Contact Email [email protected] Multi-Facility Yes Years of Services 5+ Years
Reference #3
Customer Name UBER Technologies Contact Name John Hopper UBER Global Security Deployment
Customer Address 1455 Market St. Ste 400 Contact Title Manager Services Provided
San Francisco, CA 94103 Contact Phone 408-386-7301
Genetec Security Center with Axis
Cameras Contact Email [email protected]
Multi-Facility Yes Years of Services 4+ Years
Johnson Controls References
Reference #4
Customer Name Gov. George Deukmejian Courthouse Contact Name Kevin Conklin Customer Address 6;9$Qekrspme$Ezi Contact Title Chief Financial Officer Long Beach, CA 90802 Contact Phone (562)-256-2310
Services Provided Security, HVAC, Paging Systems Contact Email [email protected] Installed in 2020, 35 years maintenance
Multi-Facility 5 Story, 545,000 sq Years of Services function plan Reference #5
Customer Name City of Chowchilla Contact Name Rod Pruett Customer Address 130 S Second Street Contact Title City Administrator Chowchilla, CA 93610 Contact Phone (559) 665-8615
Services Provided Water/Energy Management Contact Email [email protected] Multi-Facility Yes Years of Services 5 years
Johnson Controls-City of Los Alamitos Response
PSA Descriptions
PSA #1 LAC+USC Medical Center - 1200 N. State Street, Los Angeles, CA 90033 A. Role of the Firm
Johnson Controls provides full service with on-site staffing to cover our 3 main lines of business to include Security, Fire Alarm, Building Controls Systems.
B. Dollar Value Original value of systems $28M, project completed November 2008 C. Dollar Value of the Fee of the Services $4M per year D. Description of Services
Full service covering our 3 main lines of business to include Security, Fire Alarm, Building Controls Systems. Includes break fix coverage with on-site staffing.
E. Staffing Security Systems coverage is 2 full time personnel on-site.
F. Duration of Providing Services 14 years
G. Relationship to Client Our service teams work directly with the acting Facilities Director of the Campus H. Contact Name
Position
Entity Name
Telephone Number
Fax Number
Email Address
Sajid Younker
Manager II – Facilities Operations
LAC+USC
323-409-6451
N/A [email protected]
PSA #2 Epson Glenn Curtiss
A. Role of the Firm Security Systems
B. Dollar Value 23,422
C. Dollar Value of the Fee of the Services $4,110.00
D. Description of Services Preventative Maintenance on the Security Systems E. Staffing Full Service Staffing JCI On Call Service Technicians F. Duration of Providing Services 10+ years
G. Relationship to Client Our service team works directly for the facilities manager H. Contact Name
Position
Entity Name
Telephone Number
Fax Number
Email Address
Ray Atuatasi
Facilities Manager
Epson Glenn Curtiss
562-253-2568
NA
[email protected]
Johnson Controls-City of Los Alamitos
Response
PSA Descriptions
PSA #3 Caltrans - Department of General Services
A. Role of the Firm
Johnson Controls provides full service with on-site staffing to cover Security, Fire Alarm, Building Controls Systems for this branch location .
B. Dollar Value $13,377.00 Annually
C. Dollar Value of the Fee of the Services $1,124.00
D. Description of Services Preventative Maintenance and Labor for the Systems on site E. Staffing Full Service Staffing JCI On Call Service Technicians F. Duration of Providing Services 10+ years
G. Relationship to Client Our service team works directly for the facilities manager H. Contact Name
Position
Entity Name
Telephone Number
Fax Number
Email Address
Linda Coxen
Assistant Branch Chief
Department of General Services
(818) 579-5411
NA
[email protected]>
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR
LTR TYPE OF INSURANCE ADDL
INSR
SUBR
WVD POLICY NUMBER POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
A COMMERCIAL GENERAL LIABILITY MWZY 313947 21 10/01/2021 10/01/2022 EACH OCCURENCE $5,000,000 DAMAGE TO RENTED $5,000,000 CLAIMS MADE OCCUR PREMISES (Ea occurrence) MED EXP (Any one person) $50,000 CONTRACTUAL LIABILITY
PERSONAL & ADV INJURY $5,000,000 XCU Included
GENERAL AGGREGATE $5,000,000 GEN’L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG INC IN GEN AGG POLICY PROJECT LOC OTHER
A AUTOMOBILE LIABILITY MWTB 313946-21 (Excludes NH) 10/01/2021 10/01/2022 COMBINED SINGLE LIMIT(Ea Accident) $2,500,000 A ANY AUTO MWTB 313949-21 (Primary NH $250k) 10/01/2021 10/01/2022 BODILY INJURY (Per person) BODILY INJURY (Per accident)
A OWNED AUTOS ONLY
SCHEDULED AUTOS ONLY
HIRED AUTOS ONLY
MWZX 313950-21 (Excess NH
$2.25mm)
Excess NH Auto is follow form to
10/01/2021 10/01/2022 PROPERTY DAMAGE
(Per accident)
NON-OWNED AUTOS ONLY Primary NH Auto
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE
AGGREGATE
DED RETENTION $
A
A
WORKERS COMPENSATION
AND EMPLOYERS’ LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE N OFFICER/MEMBER EXCLUDED? N/A MWC 313943 21 (AOS – See Pg 2)
MWXS 313944 21 (OH & WA)
10/01/2021
10/01/2021
10/01/2022
10/01/2022
PER
STATUTE
OTHER
E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under
E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) JCI / Tyco Contract Number:
JCI / Tyco Project Name:
Customer PO Number:
CERTIFICATE HOLDER CANCELLATION
Kaiser Permanente
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
by Darniece Beck
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
2/22/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Marsh USA Inc.
540 West Madison Street
Suite 1200
Chicago, IL 60661
CONTACT
NAME: Chad Mannella
PHONE:
(A/C, No, Ext): (866) 966-4664 FAX(A/C, No): (212) 948-5167 E-MAIL ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: OLD REPUBLIC INSURANCE CO 24147
INSURED
Johnson Controls US Holdings, LLC
Johnson Controls, Inc.
Tyco International Holding S.a.r.l.
SimplexGrinnell LP (see attached Acord 101)
5757 North Green Bay Avenue
Milwaukee, WI 53209
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
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City of Los Alamitos
Request for Proposal (RFP) 2022-03
Access Control System
FOR
Development Services Department
Attn: Ron Noda
Development Services Director
3191 Katella Avenue
Los Alamitos, California 90720
(562) 431-3538, Extension 500
(562) 493-1255 Fax
Email: [email protected]
DATED: November 15, 2022
Deadline/Bid Opening Date:
Must be received by 10:00
a.m. Monday, January 9,
2023
RFP Available at http://www.cityoflosalamitos.org
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TABLE OF CONTENTS
ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
NOTICE INVITING SEALED PROPOSALS A
PROPOSAL RESPONSE REQUIREMENTS B
BACKGROUND AND PROJECT EXPECTATIONS C
SCOPE OF SERVICES D
PROPOSAL SCHEDULE E
PROFESSIONAL SERVICES AGREEMENT F
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SECTION A
NOTICE INVITING SEALED BIDS
ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
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NOTICE INVITING PROPOSALS
CITY OF LOS ALAMITOS
Development Services Department
NOTICE OF REQUEST FOR PROPOSALS 2022-04
Sealed proposals will be received at the office of the City Clerk of the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, California 90720 until 10:00 a.m. on Monday, January 9, 2023.
ACCESS CONTROL SYSTEM PROPOSAL
Proposals must be submitted on the City’s Request for Proposal Forms and submitted in sealed envelopes marked on the outside, “SEALED PROPOSAL FOR ACCESS CONTROL SYSTEM SERVICES RFP 2022-03. DO NOT OPEN WITH REGULAR MAIL.” The contract will consist of services for the installation and/or upgrade of an existing access control system for the City facilities. Services are to include the installation of additional controlled access points, the replacement of existing controlled access points, maintenance and administration of upgrades.
City of Los Alamitos
Ron Noda
Development Services Director
3191 Katella Avenue
Los Alamitos, CA 90720
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SECTION B
PROPOSAL RESPONSE REQUIREMENTS
ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
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ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SECTION I – PROPOSAL REQUIREMENTS
Proposal Response Requirements
The purpose of this Request for Proposal (RFP) is to solicit and select Contractor(s) to provide services for the installation and/or upgrade of an existing access control system for the City facilities. Services are to include the installation of additional controlled access points, the replacement of existing controlled access points, maintenance, and administration of upgrades.
Responses must conform with the requirements of this RFP. All services provided by the Contractor shall be performed by individuals, who meet the qualification, standards, and requirements for the position. The successful Contractor(s) shall also have the resources to provide effective and timely services including providing customer service to the City of Los Alamitos.
Proposers shall submit Proposal on or before the Submittal Deadline. If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide the basis for resolving such discrepancies. If no document can be identified as original bearing original signatures, Proposer's Proposal may be rejected at the discretion of the City.
Please submit six (6) color copies of the proposal, and in addition to the hard copies, an electronic copy on a flash drive shall be included with the proposal submittal. Proposal rate structure shall be submitted and clearly marked.
Proposals sent by telephone, e-mail, or facsimile, will not be accepted. It is the sole responsibility of each proposer to ensure that its proposal reaches the City by the time and date specified. Once opened, all responses become public record and will be available to the public for review. Cost incurred by the Proposer in the preparation of the response to this RFP, is the sole responsibility of the respondent, and will not be reimbursed by the City.
It is imperative that all Contractor(s) responding to the RFP comply exactly and completely with the instructions set forth herein. Proposals must be concise but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the proposal. Proposal should be concise and be able to properly convey all information.
During the evaluation process, the City reserves the right, where it may serve the City’s best
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interest, to request additional information or clarification from the proposers. The City reserves the right to waive any irregularity, informality, or error in any proposal or in the RFP process, or to reject any proposal, which does not comply with this RFP. At the discretion of the City, Contractors submitting proposals may be requested to make oral presentations as part of the evaluation process.
All requests for information (RFI’s) shall be submitted to the City no later than Monday, December 12, 2022 at 10:00 a.m.
Withdrawal of proposals shall not be permitted for a period of sixty (60) days after the date set for the opening thereof. The City reserves the right to reject any and all proposals.
Section II – Additional Proposal Response Requirements
A: Letter of Transmittal
Please include a brief introduction and history of your Contractor. Be sure to state why you believe that your Contractor is the best qualified to provide such services to the City of Los Alamitos.
B: Contractor Data
Please submit the following information:
1. Official Contractor name and address.
2. Name, address, telephone number and email address of the Proposer’s point of contact.
3. Indicate what type of entity (corporation, Contractor, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.
4. Federal Employer I.D. Number.
5. The address, telephone numbers, and fax numbers of each of your Contractor’s locations.
6. A detailed statement indicating whether Proposer is entirely or partially owned by another business organization or individual.
7. Number of years Proposer has been in business under the present business name.
8. All comparable contracts currently in effect.
9. Please describe areas of specialization provided by the Proposer.
10. Any failures or refusals to complete a contract and explanation.
11. Financial interests in other lines of business.
12. Known conflicts of interest.
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C: Proposal
The proposal shall clearly address all of the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required for the proposal to be organized, and contain all information as specified below:
1. Letter of Introduction, to include an understanding of the scope of services.
2. The Contractor’s approach to delivering the scope of services.
3. Brief Contractor profile and number of years the Contractor has been in business.
4. Location of principal office that will be responsible for the implementation of any contracts.
5. Description of the professional qualifications of the personnel who will be assigned to work in the City of Los Alamitos. While the Contractor(s) may propose any staffing scenario to effectively perform the services, the proposal shall identify the key personnel who will be assigned to perform the services and how, where, and when those services will be provided.
6. Provide the name, title, experience, qualifications, discipline and resume of the personnel who will be assigned to the City, including any sub-Contractors.
Indicate the number of persons for each position, including their availability and time commitment and other resources proposed to provide services to the City of Los Alamitos, to fulfill the desired level of services reflected in the Scope of Services.
7. Provide examples of services or projects that the Contractor/company and Staffing Team Members are successfully working on or have completed, with preference to those assignments that have been completed within the past 5 years.
8. Cost Proposal (including hourly rate) for Services. The method of payment upon negotiation of an agreement shall be monthly payments based upon satisfactory progress and the submission of requests for payments. This should include hourly billable costs of each team member; project manager, associate and various titles.
If fixed fee for compensation, payment subject to accepted percentage completion.
9. Accurate list of all personnel who have any relationship to work performed within the scope of this Agreement. List data shall indicate personnel by building(s) in which they are assigned to work, and must include full names.
10. Any other information, which should be considered, such as any special services or construction management philosophy, which define your Contractor’s practices.
11. If contracted in the future, the Contractor will be required to have professional liability insurance including liability at a minimum of one million per occurrence, worker’s compensation. The proposal shall state whether the Contractor could provide such insurance proof of coverage at time of any contract execution.
12. The Contractor will be required to have and provide proof of insurance and indemnify the City in accordance with the City’s insurance requirements. The
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proposal shall state that such insurances will be in force at time of contract execution.
13. Provide a list of five (5) reference who may be contacted to discuss their experience working with the Contractor/company on similar services. Please provide contact information including Organization, Name, Title, Address, Phone Number, E-mail, Description of Services Provided and Date of Completion.
14. Proposer shall describe the steps to be taken during the transition period from the existing provider prior to the start of the contract period. The Proposer should provide examples where the Contractor has made a similar transition from another contract provider and the methods that the Contractor utilized in achieving this transition.
The City of Los Alamitos reserves the right to accept or reject any and all proposals, or any portion of any proposal, or to waive any irregularities or informalities in the proposal or in the proposal process, or to make the award on the basis of that item or combination or items which, in its opinion, serves the best interest of the City. Services shall not commence until the Professional Services Agreement is executed by the City. Responses to this Request for Proposal become the property of the City.
Section III - General Conditions
3.1 Authorized Signatures
Every Proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a Proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the Proposal, his or her name, signature, and post office address must be shown. If a Contractor or partnership makes the Proposal, the name and post office address of the Contractor or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the Proposal, the Proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation.
3.2 Award of Proposal
Award will be made to the Proposers offering the most advantageous Proposal after consideration of all criteria set forth in this RFP. The criteria are not listed in any order of preferences. An Evaluation Committee will be established by the City. The Committee will evaluate all Proposals received in accordance with the Evaluation Criteria. The City reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Weight factors and evaluation scores will not be released until after award of Request for Proposal. The City shall not be obligated to accept the lowest
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priced Proposal but will make an award in the best interests of the City after all factors have been evaluated.
Discussions may, at the City's option, be conducted with responsible Proposers who submit Proposals determined to be potentially selected for an award. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of Proposals. In conducting discussions, the City will not disclose information derived from Proposals submitted by competing Proposers.
3.3 Cancellation of Solicitation
The City may cancel this solicitation at any time.
3.4 City of Los Alamitos Business License
Contractor and its Sub-Contractors are required to maintain an active City business license for the duration of this Agreement.
3.5 Compliance with Laws
All Proposals shall comply with current federal, state, and other laws relative thereto.
3.6 Contract Documents, Examination Of
It is the responsibility of the Proposer to thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, and addenda (if any), referred to as Contract Documents. Proposer shall be satisfied as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the solicitation or contract. The submission of a Proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the Proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.
3.7 Costs
The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the Proposal or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.
3.8 Disqualification of Proposer
If there is reason to believe that collusion exists among the Proposers, the City may refuse
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to consider Proposals from participants in such collusion. No person, Contractor, or corporation under the same or different name, shall make, file, or be interested in more than one Proposal for the same work unless alternate Proposals are called for. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion.
3.9 Interpretation of Request for Proposals
City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or any Contract Documents, or finds discrepancies or omissions in the specifications, he or she may submit to the City a written request for an interpretation or correction. The written request for clarifications shall be submitted no later than Monday, January 9, 2023, 2023 at 10 a.m. Oral statement(s) interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid.
Requests for Interpretations (RFI’s) shall be made in writing and delivered to Development Services Director, City of Los Alamitos, 3191 Katella Avenue, Los Alamitos CA 90720.
The requesting party is responsible for prompt delivery of any requests.
When the City considers interpretations necessary, interpretations will be in the form of an addendum to the Contract Documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received Contract Documents. All such addenda shall become a part of the contract. It is the responsibility of each Proposer to ensure the City has their correct business name and address on file. Any prospective Proposer who obtained a set of Contract Documents is responsible for advising the City that they have a set of Contract Documents and wish to receive subsequent addenda.
3.10 Irregularities
City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Council.
3.11 Non-Exclusive Contract
The successful Proposer will enter into a non-exclusive contract and the City reserves the right to enter into agreements with other Contractors for services.
3.12 No Obligation
The release of this RFP does not obligate nor compel the City to enter into a contract or agreement.
3.13 Offers of More Than One Price
Proposers are NOT allowed to submit more than one Proposal.
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3.14 Proposal, Rejection Of
The City reserves the right to reject any or all Proposals or any part of a Proposal. The City reserves the right to reject the Proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City.
3.15 Proprietary Information
Proposal must NOT be marked as confidential or proprietary. City may refuse to consider a Proposal so marked. Information in Proposals shall become public information and is subject to disclosure laws.
3.16 Public Opening
There will be a public opening of Proposals. Prices and other Proposal information shall not be made public until the Proposal is awarded. At that time the submitted Proposal information and executed contract will become public information.
3.17 Severability
If any provisions or portion of any provision, of a contract are held invalid, illegal or unenforceable, they shall be severed from the contract and the remaining provisions shall be valid and enforceable.
3.18 Sub-Contractor Information
If the Proposal includes the use of Sub-Contractors, Proposer must identify SubContractors and the specific requirements of this RFP for which each proposed SubContractors would perform services.
3.19 Sub-Contractor References
For all Sub-Contractors that will be used on this project, Proposers must provide a minimum of three references from similar projects performed for any local government clients within the last three years. Information provided shall include:
A. Client name
1. Project description
2. Dates (starting and ending)
3. Technical environment
4. Staff assigned to reference engagement that will be designated for work per this RFP
5. Client project manager's name and telephone number.
3.20 Terms of An Offer
The City reserves the right to negotiate final contract terms with any selected Proposer.
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The City's standard form Professional Services Agreement (PSA) shall be used, and includes other provisions not described here. A standard Professional Services Agreement is attached for reference. Please review this very carefully and note in the body of your response any exceptions or alterations to the agreement. Alterations or changes to the agreement which were not in the Contractor’s proposal will not be made after the selection of the Contractors. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: any executed contract, the RFP, any modifications and clarifications to the awarded Proposer’s Proposal, and the awarded Proposer’s Proposal. Specific exceptions to this general rule may be noted in an executed contract. Proposer understands and acknowledges that the representations above are material and important and will be relied on by the City in evaluation of the Proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the Proposal.
3.21 Withdrawal of Proposal
Proposers’ authorized representative may withdraw Proposals only by written request received by the City Manager before the Proposal Submittal Deadline.
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SECTION C
BACKGROUND AND PROJECT EXPECTATIONS
ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
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ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
4.0 BACKGROUND AND PROJECT EXPECTATIONS
The purpose of this Request for Proposal (RFP) is to solicit and select Contractor(s) to provide services for the installation and/or upgrade of an existing access control system for the City facilities. Services are to include the installation of additional controlled access points, the replacement of existing controlled access points, maintenance, and administration of upgrades.
This project will include but is not limited to the installation of door controllers, numeric keypads, fob access pads, and the design and installation of a software control system that administers the fobs, fob sensors, door controllers, and access codes used by City staff.
The City of Los Alamitos currently employs a “Keri Doors 32” access control system, used for managing and monitoring access to buildings, offices, and secure areas.
The facility locations include:
- City Hall 1
- City Hall 2
- Community Center
- Council Chamber
- Police Department
- Limited paths of travel within these vicinities
Current State:
- The access control system is located in the server room - 19 doors currently set up with readers
- System uses Windows Server
4.1 USE OF SUB-CONTRACTORS
The City is committed to selecting an excellent team that will produce a high quality work product, and deliver a high level of customer service. Should the use of sub-Contractors be proposed by the proposing Contractor, they shall be clearly identified and included as part of the proposal in response to this RFP.
4.2 PROPOSAL REVIEW PROCESS & SCHEDULE
The City of Los Alamitos will review all proposals received by the submittal deadline indicated in this RFP. Proposals that do not meet the minimum requirements of this RFP will be rejected. The City reserves the right to select the Contractor that best meets the overall needs and offers the best overall value to the City based on a variety of criteria, including but not limited to, experience of the team, quality of work product, customer
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service delivery, and not solely on the lowest cost of services. It is anticipated that following interviews, the City will identify a preferred Contractor to enter contract negotiations. Upon successful negotiations with the preferred Contractor, an Agreement will be presented to the City Council for consideration.
The following is the anticipated scheduled for the awarding of this RFP:
TASK DATE
Request for Proposal Made Available Tuesday, November 15, 2022 Mandatory Site Visit Monday, November 28, 2022 to
Thursday, December 15, 2022
Proposal Due at City Hall Monday, January 9, 2023 at 10:00 a.m.
City Review of Proposals Tuesday, January 10, 2023 to
Thursday, January 19, 2023
City Council Consideration for Awarding Tuesday, February 21, 2023 *Dates subject to change at the sole discretion of the City.
MANDATORY SITE VISIT
Proposers are required to complete a site visit with City staff prior to the submittal deadline (appointment required). Job walks can be scheduled to take place between Monday, November 28, 2022 through Thursday, December 15, 2022. To schedule a time and date, please contact Michelle Müller at (562) 357-4514 or via email at [email protected].
RFP INQUIRIES
All inquiries, questions, and requests for information related to this RFP should be directed to Ron Noda, Development Services Director, via email at [email protected] and will only be accepted until Monday, December 12, 2022 at 10:00 a.m.
Changes in the contract and corresponding changes in compensation may be implemented upon mutual written agreement of the City and the Contractor. The City reserves the right to add or delete services at any time with 30 days written notice to Contractor. If additional services are requested, the Contractor is required to provide a cost estimate detailing them as an attachment to the proposal along with prices, where applicable, which may be offered as an addendum for the term of this contract agreement.
All work determined by the City to be defective or deficient in any of the requirements shall be remedied by the Contractor at the Contractor’s expense and in a manner acceptable to the City.
City reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the City inspection record for the project, with associated
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deduction calculation will be furnished to the Contractor prior to a deduction being made.
The Contractor shall adhere to all currently applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL-OSHA, California Department of Industrial Relations, the California State Department of Health Services, FEDOSHA, EPA and the Material safety Data Sheets (MSDS) standards.
It is the intent of the City to award a contract for provide building and safety services, including Building Division administration, permit issuance, plan check, inspection, enforcement of building codes, and public counter services, in form approved by the City Attorney. The City reserves the right to further negotiate the terms and conditions of the Agreement. The City shall preserve the right to reject any proposal for noncompliance with Agreement requirements and provisions, or to not award an agreement because of unforeseen circumstances or if it is determined to be in the best interest of the City. This project will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost.
This Agreement may not be awarded to the lowest respondent. The City Council will approve, as part of the annual City budget, with a specified project budget.
A. Definitions
Where “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Los Alamitos is intended unless otherwise stated. As used herein, “provide” shall be understood to mean “provide complete”, in total. The word “facility” as used hereinafter shall be understood to mean the location receiving the service. The use of the words “Contractor” shall be held to mean the Contractor and/or any person employed by them and working under the agreement to the awarded Contractor.
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SECTION D
SCOPE OF SERVICES
ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
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5.0 SCOPE OF SERVICES
The purpose of this Request for Proposal (RFP) is to solicit and select Contractor(s) to provide services for the installation and/or upgrade of an existing access control system for City facilities.
Services are to include the installation of additional controlled access points, the replacement of existing controlled access points, maintenance and administration of upgrades.
The following Scope of Services represents the services and responsibilities the successful proposer will be expected to provide and perform. Please indicate the skills, ability, and or/services which distinguish the Contractor to make it the best choice for the City. Additional services or tasks which, in your opinion, should be included must be clearly identified.
Conversely, requested services or tasks which, in your opinion, should not be included, or are specifically excluded from the proposal, must also be clearly identified.
The final Scope of Services, as may be modified through negotiations and/or by written addendum issued by the City, will be made part of the Agreement with the successful proposer.
1. Access Control System
a. Install access control on twenty-three (23) doors.
i. Provide cables to all doors.
b. Install controllers on the wall near the switches.
i. Use conduit and flex conduit to conceal the cables.
c. Replace the existing system on eighteen (18) doors.
d. Add six (6) doors installations in the Police Department. i. Use existing cables when possible and run new cables to the six new doors.
e. Provide door contacts and devised to the twenty (20) existing access control doors.
i. Run cables for the contacts and new devices.
f. Contractor is to identify issues with existing wiring and notify the City prior to replacement.
g. All access control doors must have door electrification hardware prior to installation.
h. New system should have its own new setup – can utilize Windows, Linux, or any other operating system.
i. System must run on its own separate network (specific to the readers and controllers).
2. Requirements
a. The preferred new solution will replace agonistic door controllers and Keri door controllers.
b. Respondents whose solutions utilize proprietary door controllers are invited to submit a proposal as long as the need for proprietary door controllers is clearly explained.
c. The new solution will support Dynamic Users and Groups (users can be part of multiple groups).
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d. The new solution will provide failover redundancy.
e. The new solution will connect to industry standard authentication systems for user on-boarding and off-boarding.
i. Report capability for user login/access
ii. Access trends
iii. Time of access, by hour, day, week
iv. Customizable dashboard reporting for all entry and exit points v. Access error information (forced entry, attempted entry, and door prop) f. The new solution will provide a web-based interface
g. Customizable role-based user and administrator rights h. Timed auto expiring access codes and fobs
i. Contractor will provide a dedicated Project Manager
j. Contractor will provide a single point of contact for all installations. Contractor will provide installation map of hardware and relationships (network topology). k. Contractor will provide full documentation and inventory of hardware models, software and Contractor ware versions
l. Contractor will provide post-install as-built plan
m. Contractor will provide installed site code base (where applicable) n. Contractor will provide a 5-year warranty on installation and provided hardware o. Contractor will provide a 5-year maintenance/service contract with a defined SLA including response times
p. Solutions will detect force open and hold open situations. q. Contractor will provide Professional Services in order to migrate current system and processes to new solution
r. Contractor will provide Professional Services in order to train operators and administration
5.1 Contractor Staff
It is essential that the Contractor provide adequate experienced and certified personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to the key positions.
A. The Contractor agrees that once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City.
B. If key personnel are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.
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C. The Contractor shall provide qualified English-speaking supervision in all areas of operations. The Supervisor shall be accessible to City staff via email, phone or in-person as necessary. The Contractor shall furnish only employees who are authorized, competent and skilled for work under this contract. Should it be determined by the City that the quality of work provided is substandard, at its discretion; the City may request the presence of a Supervisor during business hours.
D. The Contractor(s) shall provide sufficient staffing to perform all work in accordance with the specifications set forth herein.
E. The City may, at any time, give the Contractor(s) notice to the effect that the conduct or action of a designated employee of the Contractor(s). The Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and the Contractor(s) shall take reasonable measures under the circumstancesto remedy and improve the situation presented.
F. Assure the City that the conduct and activities of the Contractor's employee(s) will not be detrimental to the interest of the City or public.
G. The Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and to the public, the name of the Contractor. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and name badges as specified by the City.
H. The Contractor shall direct their employees against the unauthorized reading and disclosing of materials and documents available in the facilities of the City and against unauthorized use of City and personal property,such as: telephones, radios, copy machines, computers, fax machines, etc.
5.1 Dress Code and Appearance
The Contractor(s) shall require each of its employees to adhere to industry standards of work ethics and attire. Shirts shall be worn at all times, and shall be buttoned and tuckedin. No caps with insignias or designs other than the Contractor's logo may be worn, and no caps shall be worn backwards.
5.2 Contract Enforcement
The Contractor(s) or its authorized representative shall meet with the Development Services Director quarterly, or more, at the discretion and convenience of the City.
The City reserves the right to perform audits at any time for the purpose of monitoring performance. The Contractor shall cooperate with City, representative(s) in the review and monitoring of Contractor's performance, and procedures.
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In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action.
5.3 Term of Agreement
The term of the Agreement is expected to commence on February 21, 2023 for a one (1) year term.
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SECTION E
PROPOSAL SCHEDULE
ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
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SECTION E PROPOSAL
SCHEDULE
ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Proposal A – Rate and Services Structure
1. For an actual service compensation system, a copy of the Contractor’s current rate schedule as relevant to the fee proposal.
• Provide the following information as relevant to the fee proposal:
Job Description
Estimated total hours
Estimated out-of-pocket expenses
The hourly rate by staff classification
The all-inclusive maximum fee and
out-of-pocket expenses, which will
not be exceeded The frequency and timing of the
Contractor’s billing process Cost of additional related services (if applicable)
Proposal A Schedule Total: $
The Contractor shall be responsible for calculating and providing unit prices for the schedule.
The Proposal Schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.
Proposal Schedule Total (in word):
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SECTION F
ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
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PROFESSIONAL SERVICES AGREEMENT
Access Control System (RFP) 2022-03
[Enter name of Contractor]
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into, to be effective this day of 2023 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and ________________, (“Contractor”) a, ______________. City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that it requires the services of a qualified Contractor installation and/or upgrade of an existing access control system for the City facilities. It is preferred that the Contractor provide the City an opportunity to review contract documents and RFP’s in advance of the agenda report deadlines.
B. In response to City’s formal Request for Proposals No. (RFP), dated , 2022, Contractor has submitted to City a written proposal, dated , 2023, to provide the desired services.
C. City desires to engage Contractor to provide such services subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Proposal, dated , 2023, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California.
Contractor represents and warrants that it and all employees, subcontractors and subconsultants providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.
1.1.1 Contract Documents. This Agreement shall consist of the following: (1)
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the main body of this Agreement; (2) RPF No. , dated ; and (3) Contractor’s Proposal,Exhibit “A”. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the main body of this Agreement; (2rd) the RFP, and (3rd) Contractor’s Proposal.
1.2 Compliance with Law. All Project Services shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction. Contractor shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Contractor performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to comply with such laws, ordinances, resolutions, statutes, rules or regulations.
1.3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Project Services. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Project Services to be performed, (b) has carefully considered how the Project Services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.
1.5 Care in Performance of Project Services. Contractor shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Project Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Project Services by the City, except such losses or damages as may be caused by City's own negligence.
1.6 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors, Contractors, individuals, or Contractors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
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2. COMPENSATION
2.1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Dollars ($ ). The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within thirty (30) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally bind the Party for which he/she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or, (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the Project Services to be performed by Contractor is an essential condition of this Agreement.
3.2 Schedule of Performance. Contractor shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Contractor, extensions of the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.
3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of
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God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) calendar days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for an initial period of three (3) years, ending on , unless extended at the sole election of City for an additional period of two (2) years, ending on _______..
4. COORDINATION OF PROJECT SERVICES
4.1 Contractor’s Representative. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith:
. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 City’s Contract Officer. The City’s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Contractor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Project Services without prior written consent of City.
If Contractor is permitted by City to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the performance of Project Services will be considered
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employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
4.4.1 The legal relationship between the Parties is that of an independent contractor; nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s officers, employees, or agents or in fixing their number, compensation, or hours of service.
Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
4.4.2 Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
4.4.3 No City benefits shall be available to Contractor, its officers, employees, representatives, agents, subcontractors or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subcontractors or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, agents, or subcontractors or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
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4.5.1 In the event that Contractor or any officer, employee, representative, agent, subcontractor or subcontractor of Contractor providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City against (1) all such claims and determinations, (2) for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, representatives, agents, subcontractors or subcontractors, and (3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its officers, employees, representatives, agents, subcontractors or subcontractors providing any Project Services shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
5.2.1 Professional Liability/Errors and Omissions Insurance ("PLI").
Contractor shall obtain and maintain a policy of Professional Liability or Errors and Omissions Insurance appropriate to Contractor’s profession with per-claim and aggregate limits of no less than Two Million Dollars ($2,000,000.00). Covered professional services shall specifically include all Project Services to be performed under the Agreement and the policy shall be endorsed to delete any exclusions that may exclude coverage for claims within the minimum PLI limits set forth herein for the Project Services to be performed under this Agreement.
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5.2.1.1 The PLI policy shall be endorsed to delete any Contractual Liability Exclusion. The PLI shall include contractual liability coverage applicable to this Agreement. The policy must “pay on behalf of” the insured, and include a provision establishing the insurer’s duty to defend the insured.
5.2.1.2 If the PLI policy is written on a “claims-made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of all Project Services provided hereunder (the "PLI Coverage Period"). If any PLI policy is replaced, cancelled, non-renewed, discontinued, or otherwise terminated, or if the limits of a PLI policy are reduced or the available coverage depleted below the required minimum coverage amounts for any reason during the PLI Coverage Period, Contractor shall immediately obtain replacement PLI coverage meeting the requirements of this Section 5.2.1. Such replacement coverage shall satisfy all requirements herein, and shall include coverage for the prior acts or omissions of Contractor during the time period during which any Project Services were performed. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by City.
5.2.1.3 If the PLI policy is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Project Services provided for in this Agreement, whichever is later. In the event of termination of the PLI policy during this period, new coverage shall immediately be obtained, and written evidence of the policy shall be immediately provided to City, to ensure PLI coverage during the entire course of performing the Project services.
5.2.1.4 Contractor shall not perform any Project Services at any time during which required types or amounts of PLI insurance are not in effect, and City shall have no obligation to pay Contractor for Project Services performed while required PLI insurance is not in effect.
5.2.2 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000.000.00) in the general aggregate.
The policy shall not contain any endorsements or provisions limiting coverage for (1) contractual liability, (2) cross liability exclusion for claims or suits by one insured against another, or (3) contain any other exclusion contrary to the Agreement.
5.2.3 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance. Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence basis, covering Code 1 (any auto), or if the Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000.00) for each occurrence covering bodily injury and property damage.
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5.2.4 Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Notwithstanding the foregoing, Contractor shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI)), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the work or Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Specific Insurance Provisions and Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
5.4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:
5.4.1.1 Additional Insured. The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
5.4.1.1.1 Additional Insured Endorsements. Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
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5.4.1.2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to be primary, and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.
5.4.1.3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.4.2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten (10) calendar days prior written notice. (A statement that notice will be provided "in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)
Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City's sole and absolute discretion.
5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.
5.6.1 Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval.
5.6.2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.
5.6.3 Renewal/Replacement Policies. At least fifteen (15) calendar days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) calendar days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been
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reinstated or has been provided through another insurance company or companies meeting all requirements of this Agreement.
5.7 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
5.8 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.9 Insurance for Subcontractors. Contractor shall either: (1) include all subcontractors or subconsultants engaged in the performance of Project Services on behalf of Contractor as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subcontractors or subconsultants to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. Contractor shall not allow any subconsultant or subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor and its subconsultants and subcontractors, if any, pursuant to this Agreement:
5.10.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
5.10.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
5.10.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
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5.10.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5.10.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.
5.10.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.
Notwithstanding the foregoing, and only to the extent that the Project Services performed by Contractor are subject to California Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.
7. REPORTS AND RECORDS
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7.1 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall not be released publicly without the prior written approval of the Contract Officer.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies
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expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.4 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty (30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.
Upon receipt of the notice of termination, Contractor shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.
8.6 Termination for Default of Contractor.
8.6.1 Contractor’s failure to comply with any provision of this Agreement shall constitute a default.
8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten (10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.5.
8.6.3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Project Services as provided herein.
8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this
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Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) calendar days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, "Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney(s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250.00) per hour.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation of the Party receiving the notice, or sent by pre-paid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two (2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – .
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To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA 90720
[email protected]
With copy to:
Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Contractor: Name of Contractor
Street
City, State, Zip Code
Email
10.2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.
10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.5 Third Party Beneficiary. Except as expressly provided herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.6 Recitals. The above-stated Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.7 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”). Contractor agrees to fully comply with all
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applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
10.8 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which the Party for which he/she is signing is bound.
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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:
Shelley Hasselbrink
Mayor
APPROVED AS TO FORM.
Woodruff, Spradlin & Smart, APC
By:
Michael S. Daudt
City Attorney
ATTEST:
By:
Windmera Quintanar, MMC
City Clerk
“Contractor”
Name of Contractor
By:
Name
Title
Email
By:
Name
Title
Email
EXHIBIT “A”
1277023.1
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: March 20, 2023 ITEM NUMBER: 11A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Michael Claborn, Chief
Subject: Volunteers in Policing (VIP) Program
SUMMARY
This item seeks approval to implement a Volunteers in Policing Program.
RECOMMENDATION
Adopt Resolution No. 2023-10, entitled, "A RESOLUTION OF CITY COUNCIL OF THE CITY
OF LOS ALAMITOS, CALIFORNIA, ADOPTING A VOLUNTEER IN POLICNG (VIP) PROGRAM".
BACKGROUND
Historically, the Los Alamitos Police Department has utilized volunteers on a limited basis, but has not had a formalized volunteer program. The objectives of the Los Alamitos Volunteer in Policing (VIP) program are to assist the police in providing enhanced public service to the community, to provide an opportunity for citizens to make a definitive contribution toward improving public safety and service, and to instill an understanding and appreciation of the justice system, human relations, and ethics in the field of law enforcement among its participating volunteers .
DISCUSSION
The Los Alamitos Police Department Volunteers in Policing (VIPs) would enhance public service almost immediately. VIPs will work in a variety of capacities and under the guidance of the Support Services Manager. VIPs will be selected for service through an interview process and will be CERT-trained. They will attend training in which they will learn about the organization and inner workings of the Police Department. Upon completion of the training, the volunteers will be sworn in by the Chief of Police and work with other Police department members. Initially, VIPs would conduct residential vacation checks, process fingerprints, and participate in various special events such as Coffee with a Cop and National Night Out. After initial implementation, the program will expand the following year with the goal of staffing at least one VIP daily.
If approved, the program would begin in the new Fiscal Year, approximately July 2023.
FISCAL IMPACT
This program will cost approximately $3,500.00 annually. Funding is included in the proposed Fiscal Year 2023-24 Budget.
Attachment: 1. Resolution 2023-10 - VIP Program
2. Exhibit A - Policy
RESOLUTION NO. 2023-10
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
LOS ALAMITOS, CALIFORNIA, ADOPTING A
VOLUNTEER IN POLICNG (VIP) PROGRAM
WHEREAS, City of Los Alamitos looks to establish a Volunteer in Policing (VIP) program. Volunteers will enhance public service to the community by participating in various capacities; and,
WHEREAS, VIPs will assist the Police department by supporting special events, clerical duties, and providing community services. The program will give volunteers the opportunity to make a difference in the City of Los Alamitos and the surrounding communities; and,
WHEREAS, VIPs will be adults ages 18 and older and in good standing within the community. All VIPs will be CERT qualified and have completed a Department of Justice (DOJ) background check; and,
WHEREAS, the VIP program requires participants to be active on a yearround basis. All participants must fulfill a “minimum hour” worked to be considered in good standing within the program; and,
WHEREAS, VIPs will be provided uniforms and be easily recognizable as Police department volunteers. VIPs will be issued white uniform shirts and black pants to easily discern them from sworn personnel; and, WHEREAS, VIPs will sign an agreement with the police department. The Police department will do its very best to make the volunteer’s experience productive, fun, and rewarding. To that end, the agreement addresses the commitments made by the City of Los Alamitos and the Volunteer.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.
SECTION 2. The City Council hereby approves the attached Volunteer in Policing Policy (Exhibit A).
SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.
CC RESO 2023-10
PASSED, APPROVED, AND ADOPTED this 20th day of March, 2023. ________________________________
Tanya Doby, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, CMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 20th day of March, 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________________
Windmera Quintanar, MMC, City Clerk
Los Alamitos VIP
Dear Volunteer,
The City of Los Alamitos Police Department thanks you for your interest in being a Volunteer in Policing (VIP). Along with the Staff, we welcome you and look forward to working with you on the different VIP opportunities. You and other volunteers will work on various programs and special events and have the power to improve the quality of life in our community.
The Los Alamitos VIP’s is a year-round program and we encourage you to be active and participate for the entire year. We will have ample Volunteering opportunities and look forward to your efforts bringing value to the Police Department. Our goal is to encourage each and every one of you to be active members that contributes to our community.
We want to make you aware that we have established program policies and procedures that protect Volunteers, residents, and the City. Please make sure you take some time to read through the rules and policies, these policies are in a working document and will be modified as the program develops.
Again, thank you for your willingness to work toward improving the City of Los Alamitos.
We along with the rest of the staff look forward to welcoming you to the Volunteer program.
1 A. OVERVIEW
The City of Los Alamitos invites adults ages 18 and older to join the Los Alamitos Police Department as a Volunteer in Policing (VIP). The program will give you the opportunity to make a difference in the City of Los Alamitos and the surrounding communities.
VIPs is designed to assist the Police Department in servicing the community.
Participants will play a key role in enhancing the police mission by assisting with clerical duties, special events, vacation checks, counter help, and other various tasks. These civilian positions will not be placed into unsecured scenes and will not be permitted to carry weapons.
The Los Alamitos Police Department seeks volunteers who possess a strong work ethic, self-initiative, good communication skills, and able to work independently.
B. MISSION
The VIP program encourages year-round community participation and the comprehensive coordination of Volunteers to enhance police services.
The volunteer program objectives are:
A. To develop a reliable and varied skilled network of human resources to support the delivery of police services to the community.
B. To provide volunteer opportunities for all segments of the community and neighboring cities/organizations.
C. To utilize the skill sets of adults to obtain hands-on experience in the following areas but not limited to: police records, reception, community events and many other tasks specific to skill set.
C. VOLUNTEER OPPORTUNITIES
Volunteers will have the opportunity to request a particular program of interest including date and time of service. Based on the availability of volunteer shifts, the Volunteer will be placed in one of the following programs and/or event(s):
• Special Events: National Night Out, Winter Wonderland, Week of Los Al, Street Fair, Race Los Al, Spring Carnival, Trunk or Treat, Concert, and July Fireworks Spectacular.
• Records Department: Assist staff with records preparation, retention, and archiving of existing records.
2 • Community Service: Assist with front desk reception, conduct vacation checks for travelling resident, transport of prepared material to and from the Crime Lab (Santa Ana), assist with DUI checkpoints, assist EOC functions, and other miscellaneous duties.
Tasks that are not associated with the Police Department but are beneficial to the City of Los Alamitos and the surrounding communities. Examples of community service projects include volunteering for special events in neighboring cities, recruitment fairs, assisting the local Non-Profits, local races, etc. • General Office: Assist staff with police car washing, light cleaning of station and light maintenance
The following guidelines have been set.
• VIP’s will be scheduled for a minimum of a four hour a shift • VIP’s must be 18 years or older and pass a DOJ fingerprint background • VIP’s must be in good standing within the community and workplace • VIP’s should have the ability to stand for long durations at community events and occasionally able to lift up to 25lbs.
The VIP program requires participants to be active on a year-round basis. All participants, after successful completion of a background check, must fulfill a minimum level of participation to be considered in “good standing” within the program:
• Attend one special event shift for the Los Alamitos annually • Attend at least one entry level EOC class
• Volunteer at least two shifts a month (minimum of 4 hours each shift) • Complete a CERT Academy within a year of appointment
• Wear department provided uniform or polo shirt when serving • Attend at least 3 CERT meetings annually (held bimonthly) Failure to fulfill the minimum requirements may result not being eligible to work certain programs, attend social events, or removal from the program.
3 D. BENEFIT
A benefit of being involved in the Los Alamitos community is the personal satisfaction you will experience by helping the residents of your community. The City of Los Alamitos and the surrounding communities have a great number of residents and/or charitable organizations who are in need of assistance. Your help is instrumental in achieving VIP’s ultimate goal of making a difference in the City of Los Alamitos and the surrounding communities.
E. EXPECTATIONS OF VOLUNTEERS
• Be professional at all times
• Keep confidential matters confidential.
• Have a positive attitude.
• Be dependable
• Be accountable for one’s actions.
• Learn basic radio communications
• Possess a valid CDL
F. DRESS POLICY
A major part of portraying a professional image is dress and appearance. First impressions have the greatest effect in public contact situations. Appearance should be clean, well groomed, recognizable, functional and appropriate, allowing volunteers to perform duties without restrictions.
• Shirts - the city will provide two shirts (1 uniform, 1 polo) to all VIP Volunteers and one must be worn for all volunteer assignments. Shirts must be clean and in good condition.
When volunteering where public interaction is expected, Volunteers should wear the provided white uniform shirt; when working outside the public view, the Volunteer may choose to wear the provided polo.
• Pants – the city will provide uniform pants and belt; they must be maintained in good condition. Pants and belt will be black and can be worn with either shirt appropriately. • Shoes – Volunteer will provide their own closed-toe, black athletic shoes or boots; socks are required.
• Hats/caps – Approved plain hats or caps (black or blue) may be worn when working outdoors. No alcohol, tobacco, or inappropriate advertisements on hats/ caps will be allowed.
4 If any activity dictates a deviation from the above dress requirements, approval from the VIP Coordinator must be obtained a minimum of 24 hours before their volunteer shift.
.
G. ABSENCES/TARDINESS AND DEPARTURE
Volunteers must show up to all scheduled assignments/shifts.
It is the Volunteer’s responsibility to be at the assigned site and ready to work on time. In the event that a volunteer cannot report to work on the scheduled date or time, it is the Volunteer’s responsibility to notify the Watch commander, VIP Coordinator or Department Secretary as soon as possible.
VIP Contact Phone Numbers:
• Watch Commander – (562) 431-3538 ext. 426
• VIP Coordinator – (562) 430-3538 ext. 445
• Department Secretary – (562) 431-3538 ext.401
.
H. LEAVE OF ABSENCE REQUEST
If the volunteer is unable to fulfill monthly shift requirements they may request for a leave of absence. Requests must be submitted in writing to the VIP Coordinator at least one week prior to the time off.
I. ELECTRONICS
Use of electronic devices, hand held videogames, tablet or music device players, is not allowed during assigned shifts.
If at any time an emergency or important phone call must be made, the Volunteer should notify the Site Supervisor and excuse themselves from the activity.
5 J. CUSTOMER SERVICE
Customer service is a top priority of the Los Alamitos Police Department, when interacting with any persons, Volunteers should remember to:
• Listen actively to determine the customer's needs.
• Always remain calm, courteous, and professional.
• Show care by making the customer feel important.
• Make the extra effort to help the customer solve his/her problem.
L. BASIS FOR DISCIPLINARY ACTION
Failure to meet standards will be grounds for appropriate disciplinary action, which will be proportionate to the offense and with consideration of the Volunteer’s prior performance record. Disciplinary action may be based upon any of the following grounds:
• Neglect of Duty, such as failure to perform the duties and standards required of a Volunteer.
• Constant tardiness (3 plus) or missed shifts (2 plus) • Insubordination, failure to follow directions from a police department member. • Harassment
• Dishonesty
• Drugs/Alcohol/Smoking/Vaping
• Discourteous treatment of the public, staff or other Volunteers. • Violation of the rules and regulations of the City or any department. • Improper conduct, either during or outside of duty hours that causes discredit to fall upon the City and the VIP program.
• Falsifying City documents and/or your records.
• Violation of any rules, regulations or policies that may be prescribed by the City or Los Alamitos Police Department
6 M. Steps of Discipline
The following procedures shall be followed, in the judgment of the supervising staff and the VIP Coordinator. Staff will allow the Volunteer an opportunity to respond to charges prior to taking disciplinary action.
• Verbal Warning
• Warning/Reprimand
A written warning/reprimand will contain a description of the events which necessitated the disciplinary action. This document will be retained in the VIP Volunteer’s personnel file.
• Suspension
Staff will prepare a description of the events that require disciplinary actions. The supervising staff member, the program Coordinator, and the Volunteer will review and discuss the actions in the document. The Volunteer will have an opportunity to respond and explain – all findings will be reported to the Chief and a decision will be made to suspend or dismiss the Volunteer.
• Dismissal from Program
In the event of dismissal from the program, the Volunteer will be expected to return uniforms and any other issued gear/equipment.
7 LOS ALAMITOS VIP PROGRAM
AGREEMENT AND RELEASE OF LIABILITY
The Los Alamitos Police Department will do its very best to make the Volunteer’s experience productive, fun and rewarding. To that end, this agreement addresses the commitments made by the City of Los Alamitos (“City”) and the Volunteer. 1) The Los Alamitos Police Department commits to the following:
• To provide training and support for the Volunteer so that he or she may be confident in the assignment.
• To provide diligent guidance, supervision, and feedback on performance. • To respect the skills, individual needs, and dignity of the Volunteer. • To be receptive to comments and suggestions from the Volunteer. • To treat the Volunteer as an equal co-worker with paid staff, jointly responsible for the completion of the Police Department's goals & objectives.
2) VThe volunteer commits to the following:
• To perform assigned duties to the best of his or her ability, as well as inform the Police Department if changes in his or her situation or health would interfere with the safe and timely performance of these duties. • To adhere to VIP program rules, policies and procedures, including recordkeeping and confidentiality of city information.
• To fulfill the minimum requirements of the VIP program. • To meet time and duty commitments, or to provide adequate notice so that alternative arrangements can be made.
3) Volunteer Status.
Volunteer is volunteering solely for civic, humanitarian, and charitable purposes and understands that they will not be compensated or reimbursed in any manner for such services, nor do they have an expectation of being hired by the City in this capacity in exchange for volunteering their services. Volunteer understands further that, while performing such services, they are not covered by the California workers’ compensation laws. Such volunteer services may be terminated at any time, with or without cause for any reason by Volunteer or the City.
8 4) Release and Waiver.
Volunteer does herby release and forever discharge and hold harmless City and its officers, officials, employees, and volunteers from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Volunteer’s participation in the VIP program. Volunteer understands that this Release discharges City from any liability or claim that Volunteer may have against City with respect to any bodily injury, personal injury, illness, communicable diseases, viruses (including but not limited to COVID-19), death, or property damage that may result from Volunteer’s participation in the VIP program, whether caused by the negligence of City or its officers, officials, employees, and volunteers or otherwise.
Volunteer also understands that City does not assume any responsibility for or obligation to provide finance assistance or other assistance, including but not limited to medical, health or disability insurance in the event of injury or illness. 5) Medical Treatment.
Volunteer does hereby release and forever discharge City from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment or service rendered in connection with the Volunteer’s participation in the VIP program. 6) Insurance.
Volunteer understands City does not carry or maintain health, medical or disability insurance coverage for Volunteer. Volunteer is expected and encouraged to obtain their own medical or health insurance coverage.
7) Photo Release.
Volunteer does hereby authorize City to, without charge, take and use photographs and video or audio recordings of Volunteer’s participation in the VIP program to publicize the City’s programs and for advertisement or other related purposes, and Volunteer hereby consents to the use of their likeness, name, voice, and words for such purposes.
9 I CERTIFY THAT I HAVE BEEN PROVIDED WITH A FULL OPPORTUNITY TO
READ THIS RELEASE, HAVE DONE SO AND AM EXECUTING IT VOLUNTARILY
WITH FULL KNOWLEDGE AND UNDERSTANDING OF ITS CONTENTS WITHOUT
ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE, AND INTEND
THAT IN SIGNING THIS RELEASE AND WAIVER TO HAVE IT APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Agreed to:
Volunteer: _________________________________________Date: _______________ VIP Coordinator: ____________________________________Date: _______________
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: March 20, 2023 ITEM NUMBER: 11B
To: Mayor Tanya Doby & Members of the City Council
Presented By: Craig Koehler, Director of Finance
Subject: Mid-Year General Fund Budget Review and Financial Update for Fiscal Year 2022-23
SUMMARY
This report provides the Council with a review of Mid-Year General Fund budget for the Fiscal Year 2022-23 and a projection for the fiscal year ending June 30, 2023. The mid-year report represents a snapshot in time and reflects recorded information through December 31, 2022, or six months of the fiscal year, and projections for Fiscal Year 2022-23. It will provide the City Council with an update on the financial status of the City’s General Fund at mid-year, and projection of Fiscal Year 2022-23.
RECOMMENDATION
1. Review the Mid-year General Fund budget for the Fiscal Year 2022-23, and projection for the Fiscal Year ending June 30, 2023; and,
2. Provide direction and comments.
BACKGROUND
On June 13, 2022, the City Council approved and adopted a balanced budget for Fiscal Year 2022-23, which included operating revenues of $20,132,782 and operating expenditures of $19,411,825, excluding transfers. The Mid-Year review was presented and discussed with the Budget Standing Committee on March 9, 2023.
DISCUSSION
The economy has reflected positive signs of recovery. However, inflation remains elevated, reflecting continued imbalances within supply and demand related to the pandemic. Global unrest continues with the conflict in Ukraine and the resulting hardships have unknown implications on the U.S. economy.
The U.S. Treasury has made several recent moves to counter the growth of inflation, representing the most aggressive rate hike campaign by the Federal government since 2005.
The projected slowdown has not materialized as the City had anticipated.
The latest report provided by the City’s Sales Tax consultant (HdL), reflects actual data for the third quarter (3Q) 2022 with 13.3% growth compared to the County at 8.4% and the State at
8.0%. Revised estimates reflect continued growth of 3.8% through the end of FY2022-23.
Sales tax estimates for FY2023-24 reflect somewhat of a flattening that would be indicative of an economic slowdown, or “soft landing” as the U.S. Treasury has been structuring its planned rate adjustments.
General Fund Revenues
The financial summary below depicts the Adopted Budget for Fiscal Year 2021-22, actual General Fund revenues through December 31, 2022, and a projection to June 30, 2023.
2022-23
Adopted
Budget
Actual thru
12/31/22
2022-23
Projection
Variance
Revenue Summary
Property Taxes
4,899,967
1,214,906
4,939,763
39,796
Sales Tax
3,403,270
1,619,427
3,935,420
532,150
Sales Tax - Local (Measure Y)
5,371,740
2,488,870
6,354,000
982,260
Transit Occupancy Tax (TOT)
325,340
338,993
488,000
162,660
Business Licenses
819,000
446,711
892,400
73,400
Utility Users Tax
2,052,487
997,883
1,904,207
(148,280)
Franchise Fees
671,300
333,514
621,600
(49,700)
Licenses & Permits
958,200
509,800
1,083,880
125,680
Fines & Forfeitures
669,000
261,038
405,400
(263,600)
Use of Money & Property
180,000
124,114
248,228
68,228
Other Agencies
12,200
-
5,000
(7,200)
Charges for Current Services
702,278
394,361
628,690
(73,588)
Misc.
68,000
9,265
10,000
(58,000)
Total Revenue
20,132,782
8,738,882
21,516,588
1,383,806
Property Taxes, Sales and Use Taxes, and Measure Y Local Sales Taxes, are the three largest revenue sources for Los Alamitos, and comprise approximately 71.0% of all revenue generated and collected by the City.
Property Taxes
Property taxes remain one of the largest revenue sources for the City and the majority are received in December and April, following the payment due dates. For secured property taxes, the first installment is due November 1 and delinquent after December 10, the second installment is due on February 1 and delinquent after April 10.
A report received from HdL at the end of 2022, indicated a preliminary net value change in property values up 5.88% over the 2021-22 tax roll, and indicates that property taxes are continuing an upward trend. The projection for Fiscal Year 2022-23 will come in at approximately $40k higher, or 0.8% better than the Adopted Budget.
Residential properties make up 80.3% of all values in the City and grew by $123.2 million (8.32%), which accounted for most of all property value growth. The 2023-24 CCPI applied to property values is expected to be the maximum allowed under Proposition 13. Commercial properties added $16.9 million (11.1%) and industrial properties added $20.7 million.
Unsecured values decreased by $6.5 million (3.4%). This was largely due to the decline caused by a loss of value of an assessment owned by Epson America, Inc.
Residential prices have continued to respond in response to lower inventory amidst higher interest rates. The median sale price of a detached single family residential home in Los Alamitos from January through August 2022 was $1.25 million. This represents a $60K (5.1%) decrease in median sale price over the prior year.
Sales & Use Taxes
A report from Hdl, dated February 15, 2023, reported data for the quarter ending September 2022. Sales were up 13.3% for the 3rd quarter 2022 compared to the same time frame for 2021 and reflected increases for most of the major business groups. The projection and estimate for Sales & Use Taxes for Fiscal Year 2022-23 is $3.9 million, marginally higher than Adopted Budget.
When taking a closer look at the individual business groups, business and industry, and County and State pools reflected the largest gains with 23.8% and 49.3%, respectively.
Receipts from local light industrial/printer and heavy-industrial equipment suppliers surged as firms made additional investments to fortify supply chain vulnerabilities that were identified during the pandemic.
As the Federal Reserve continued with interest rate increases to control inflation, consumers continued purchasing levels on multiple fronts. Sustained price increases and interest rate hikes have consumers wondering where to spend their dollars. Historically low statewide unemployment rates and recovery of the stock markets from declines earlier in the year allow for modest optimism heading into 2023.
Measure Y (Local Sales Tax)
With successful passage of Measure Y, Los Alamitos is now benefiting form an additional
1.5% sales tax. New to the City’s revenue stream, this has now become the largest source of revenue at 29.6% of total revenues collected by the City and exceeds property tax which was traditionally the top revenue producer. Projections are greatly exceeding the budget, and the
projection for Fiscal Year 2022-23 is $6.4 million. FY2021-22 represents the first full fiscal year of collected data since the adoption of Measure Y local sales tax.
The primary reason for the large variance from the budget and the long-term model is that certain industry groups, like autos and transportation and general consumer goods, do not follow the true 150% ratio of transaction tax (Measure Y) to the Bradley-Burns (Sales & Use Tax), and are much higher ratios at 869.4% and 538.3%, driving the average across all industry groups. HdL has used a more conservative factor of 163.8% in their latest estimates.
Utility Users Tax
Utility Users Tax (UUT) is a usage tax imposed on utilities, including electricity, natural gas, telephone, and water. The rates for Los Alamitos are currently 6%, except for telecommunications, which is 5%. Revenues have been trending lower over the past couple of years, and receipts are lower through December 31 than historically recorded. UUT revenue receipts through December 31, 2022, are approximately 20% less than 2021 compared to the same period. The projections for FY2022-23 have been done applying a conservative approach with the possibility of lower receipts coming in lower than budget for the fiscal year.
Fines & Forfeitures
Fines & Forfeitures include red light camera and parking fines, and other moving violations, and are currently trending lower than the budget. This is primarily due to a decrease in red light camera fines because of construction work being done by Orange County Sanitation District as part of the sewer line upgrades on Katella Avenue. Staff is assessing the impact of this to determine the financial effect it will have on FY2022-23 revenues.
Overall, General Fund revenues for FY2022-23 are projected to exceed the Adopted Budget by $1.4 million, or 6.9%.
General Fund Expenditures
The financial summary below reflects the Adopted Budget General Fund Expenditures for Fiscal Year 2022-23, actual expenditures through December 31, 2022, and a projection to June 30, 2023.
2022-23
Adopted Budget
Actual thru
12/31/21
2022-23
Projection
Variance
Expenditure Summary
City Council
66,895
35,711
67,941
1,046
Administration
1,053,023
498,986
1,034,461
(18,562)
Finance
835,327
392,879
758,830