Cities Index.
1.E.4 AGREEMENT WITH TOTUM CORPORATION

Placentia City Council
April 16, 2024

Document
1.E.4 AGREEMENT WITH TOTUM CORPORATION
Meeting
April 16, 2024
Body
Placentia City Council
Pages
18
Original file
233 KB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
TOTUM Corp.

THIS AGREEMENT is made and entered into this 2`Td day of April, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Totum Corp. ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide on-call construction management and inspection services, as more fully described herein; and
B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices, and with credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations.

Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations.

Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. Consultant also warrants that it has ownership of all intellectual property being provided under this Agreement.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

Totum Corp.

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non- discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.

Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City.

Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

Totum Corp.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Five Hundred Thousand Dollars ($500,000), unless authorized herein.

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more.

The City Engineer is authorized to approve a Change Order for such additional services.

2.3. Method of Billing.. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement.

Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 3 years, ending on April g,_2027 2027 unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. One (1) two-year extension is available based on Consultant performance and at the discretion of the City. Approval of the term extension is contingent upon City Council review and approval at the conclusion of the initial three -years.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, Totum Corp.

with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better Totum Corp.

in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.

Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Endorsements. The commercial general liability insurance policy and business Totum Corp.

automobile liability policy shall contain or be endorsed to contain the following provisions as worded below.
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased.

In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.

5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

Totum Corp.

6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Totum corp
15130 Ventura Blvd, Suite A
Sherman Oaks, CA 91403
Tel: (818) 986-9870
Fax: (818) 986-9870
Attn: Danny Kaye
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8117
Attn: Chris Tanio

6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent.

Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

Totum Corp.

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or—whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement 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.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

Totum Corp.

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.

6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret.

The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by Totum Corp.

giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

Totum Corp.

CITY OF PLACENTIA,
A municipal corporation
Damien R. Arrula, City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia

CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:

Chris Tanio, Deputy Director/City Engineer
Date:

Date:

Date:

Date:

Date:

Totum Corp.

DEPARTMENTAL APPROVAL
Date:

Luis Estevez, Deputy City Administrator
Totum Corp.

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
Totum Corp.

Proposal for:

ON CALL CONSTRUCTION MANAGEMENT

AND INSPECTION SERVICES
Presented to:

City of Placentia
Submitted by: totum
January 30, 2024
integrated
design
construction
management
totum

integrated
design
construction
management
sustainability
totum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
dannv(@totumconsultina.com
[email protected]

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES 1/30/24
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Attn: Chris Tanio PE, Deputy Director/City Engineer
Dear Mr. Tanio:

RE: Request for Proposal for On -Call Construction Management and Inspection Services We are delighted to submit our qualifications to provide On Call Construction Management and Inspection Services for your upcoming facility capital improvement projects.

Our address and contact information are on the left-hand margin of this page. The primary contact person is Danny Kaye (CCM, PMP) who has the power to bind Totum contractually and is the signer of this letter. Our Sherman Oaks location will be responsible for the project deliverables for the projects.

Totum was established in 2005 as a small business enterprise to provide design and construction management services to our clients and currently has ongoing work at the Cities of Azusa, Placentia, Huntington Beach and Santa Monica and on call with the City of Long Beach. We are an S corporation with an SBE/VSBE certification.

We have the advantage of 5 years of experience currently working successfully with Placentia with small projects such as ADA upgrades to the Civic Center Police HQ and the BACKS community center, the APWA award winning Navigation Center as well as the current Public Safety Building at the Public Works Yard.

Totum staff have successfully managed many small City and other public and private sector facility projects over the last 20+ years, including new and renovated community centers, new and renovated libraries, police and fire station seismic retrofits and ADA upgrades, roof replacements, facility assessments and parks, park restrooms and several years ago, we finished a very fast track homeless shelter for the City of Placentia, winning an APWA award. Further our proposed staff has worked together, including for Placentia, on many occasions and has substantial experience with public sector projects, renovations, and grounds -up construction.

We have reviewed the typical projects you show as capital improvements and construction projects as well as scope of services that you list as needed by the project team and believe we have the ideal background to provide these services for said proposed projects. Through our innovation we have developed custom tracking tools to help us manage all the scope needed.

Danny Kaye would be the day-to-day lead preconstruction / construction manager exactly as he has done for numerous similar projects including those prior for Placentia. Staff will assist or be assigned, depending on the project status and complexity and for contract administration as called out under section 3, page 5.

Koury, our deputy inspectors and testing lab have been our partners of multiple projects for close to 20 years with and before we were at Totum. We would plan to use a small, women owned firm, PWCC as our labor compliance consultant. Our planned team has totu m

integrated
d e s i g n
construction
management
sustainability
totum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES the experience to oversee the design, provide constructability reviews, assist with bid documents, permitting, QA / QC inspections, claims management and manage construction. Our job is to make sure that all projects are built in accordance with plans and specs.

As you have experienced, when you have Totum on your project, you can reach the actual owners of the company literally 24-7 and as active participants in our projects, we will know what's going on. We have kept our firm and consultants small to ensure we have this oversight and involvement and enable a low overhead and competitive rates.

We do what it takes to get a project done.

We listen carefully to what our client needs and try to under promise but over deliver to 310 291 4074 m meet these needs, all the time remembering that it's our clients project and needs we must fulfill, failure is not an option. Most of our work is repeat business and word of www.totumconsulting.com mouth. Often, at cost with no mark up, retain other consultants from deputy inspectors through soils engineers, we are happy to provide our clients with the best team possible dannv@ totumconsultina.com
aiulioCa�totumconsultina.com
should the need arise.

As you review our proposal, we ask you to consider the following summary points:
• We have managed dozens of City projects over the last 16+ years as Totum and with prior firms; renovations and grounds up, from a simple new restroom on a beach, through a $25MM seismic renovation of a fully occupied police station and jail. We know how to work in occupied facilities.
• Construction Management is our core business. We have managed dozens of new build, renovations and tenant improvement projects, from inception to completion, from less than $10,000 to $45+ million.
• Our size allows us to specialize in construction / project management and design oversight and be very cost effective with rates and our time. • We have repeat clients such as the City of Long Beach, City of Placentia, UCLA Farmers Market and recently, the City of Huntington Beach. • We have a great reputation. As such, we get bidders to the table. We have had a 100% success rate with our projects.
• We are collaborators. We push for equitable solutions. We are high energy, "get -it - done" people. We believe in loyalty and integrity. We really take our role seriously and take the position that "we are the Client", not just consultants.

We have tried to make our qualification package brief, informative and enjoyable and look forward to the next step in your selection process. I should be your point of contact during this process, and I can be reached directly at 310-351-0138 or email danny(a�totumconsultinq.com.

We acknowledge the Q&A document posted on Jan 23, 2024. We maintain the page count of 30. We acknowledge the Addendum #1 regarding RFP deadline.

Regarding proposed exceptions - Totum has no exceptions to enumerate or describe.

Sincerely,
Danny Kaye, CCM, PMP, FRICS, LEED AP
Principal
totu m

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ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Table of Contents
A & B. Cover Letter / Signature Requirements
C. Executive Summary
D. Project Team Organization
E. Relevant Project Experience and References
F. Understanding & Approach
G. Scope of Work
H. Schedule
I. (Section 6 per RFQ) Required Proposal Statements / Appendix B and C
J. Pricing Proposal
a. Rate Sheets - Submitted Separately
totum

integrated
design
construction
management
sustainability
otum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
[email protected]
aiulio(@totumconsultina.com

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES C. Executive Summary
Totum is a California S Corporation, established in 2005. Our legal name is "Totum Corp" Totum is Latin for complete as our goal has always been to provide our clients with a complete service, or as much help as they need to "get the project done". Within our firm, we have certified construction managers (CCM), Project Management Professional (PMP) licensed architects and LEED accredited professionals. Danny Kaye is also a licensed GC. If we can't offer the service ourselves, we are also comfortable bringing in consultants under Totum to help our clients, such as Deputy Inspectors, LEED / Cx Consultants, Independent Estimators and Schedulers.

Over the last 20+ years, Totum has been the construction manager for well over 250 projects, from small tenant improvements, through large, complex grounds up construction on a 9 acre highly contaminated site into a LEED gold union hall, new schools and major seismic retrofits and curtain wall replacements on high rise buildings as well as parks, historic seismic retrofits and homeless shelters. The project types we have managed include facility types listed in the RFP scope of work, section 3 such as: new building construction, site improvements, landscape, irrigation projects, site improvements, parks and recs, as well as MEP system upgrades, including fire stations, libraries, city halls, police stations and community centers.

Our general company services include but are not limited to:
• Adaptive Re -Use Studies
• Constructability Review
• Cost Analysis / Cost Benefit Analysis Design / Design Review • Plan Check Coordination
• Estimating
• Entitlements / Expediting
• Facility Assessment
• Grant Procurement Assistance
• Permitting
• Planning
• Procurements
• Programming
• Project Construction Management [ from concept to completion ] • Scheduling
• Site Due Diligence
• Sustainability
For your On Call Construction Management and Inspection services we propose to us as Sub Consultants:
1) Koury Engineering — For Materials Testing and Deputy Inspection, Koury Engineering provides geotechnical engineering, material testing, and inspection services for residential and commercial construction projects 1 tutu m

i nteg rated
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ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES throughout Southern California. They serve as the Independent Testing Laboratory and the EOR for projects of all sizes from 60 story high-rises in Downtown LA to DSA shade structures at your neighborhood school. From freeway lane additions to OSHPD infrastructure upgrades.

We have used Koury substantially since our inception as "Totum" in 2005 Koury provides reliable quality control & investigative services throughout Southern California. Koury has been providing clients with trusted results since 1992.

Koury has an experienced team of Registered Civil and Geotechnical Engineers on staff, with over 100 inspectors and technicians in the field daily. 2) PWCC Solutions - Labor Compliance Consulting
PWCC Solutions has over 10 years' experience in public works construction labor compliance working on Federal and State projects with extensive knowledge of Project Labor and Master Labor Agreements. They have managed labor compliance programs for over 20 State and/or Federal projects totaling more than 5 million hours of on-site work.

Totum has acted as construction managers for bid / awarded and as -needed PM / CM for numerous City facilities over the last 18 years, large and small projects. We have very recent experience working on 4 city projects including the extremely fast track Placentia Navigation Center and the current Public Safety Building at the city yard. We know how to work with the City teams, processes and protocols.

For most projects, we have been brought in at about 25% design state. This has enabled us to help our clients with constructability, estimating and bid phase documents. We have provided all the typical Administrative and Inspection scope of PM /CM services role as outlined in section 3-D, page 6 of the RFP, on all projects and specifically those listed below:

City of Placentia ADA Upgrades 2019-2020
City of Santa Monica — Airport Building Seismic Upgrades 2023-2024 City of Placentia PSB, Evidence Storage and Gun Range 2023-2024 City of Azusa Library ADA Upgrades -2018
City of Azusa Sr Center Renovation 2023+
City of Huntington Beach — 2020-23 Navigation Center, Edison Community Center and Rodgers Sr. Center and Park
City of Long Beach El Dorado Park Bridge Replacement and Site Improvements 2016
Port of Long Beach Airport Plaza HQ Renovation 2014
UCLA 924 Westwood Center Seismic Renovation 2015
Beverly Hills School District Horace Mann New School - 2016 2 t O t U m

integrated
design
construction
management
sustainability
otum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
dannvCatotumconsultina.com
[email protected]

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES D. Proiect Team Organization
The below chart outlines our staffing chart and our proposed sub consultants on our team. We are all "on call" and "as needed". We have listed these consultants and worked with some of them for over 20 years.

City of Placentia
�]LAC$NTIA
Danny Kaye CCM PMP
Principal CM -in -Charge
Oversight & Meetings
1 Precon. Lead and day-to-day CM
Estimating, Scheduling etc
Totum Staffing CMIPM 1 QAIQC: as needed
Alejandro Pinel,
Ethan Erickson
Henry Graves
Sandra Gonzalez
Design Oversight 1 As needed PM
Services
• Giulio Zavolta
• Gianni Zatta
• Eva Tei i
As Needed:

Labor Compliance PWCC
Safety Programs
Deputy Inspection &
Materials Testing - Koury
Patrick Lappin CCM
Management Oversight
Weekly Meetings
Document Control
Support Staff
Admin Support / Data
Resumes follow on the next 6 pages. We have limited the resumes to 1 page to keep this package "efficient" and to provide more of a snapshot of the staff skills.

A little more on each Totum staff member:

Danny — Co-founder of Totum, Danny's background was as a general contractor in the 90's then moved into CM work in 1999, with 25 years experence as a CM, 20+ as Totum.
3 t O t U m

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ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Pat — Sr PM / CM, Pat brought Danny into CM work in 1999. With 40 years+ experience, including building bridges in the UK and the middle east. Pat has managed large capital projects as well as numerous programs for school districts.

Alejandro — Danny and Alejandro met when Danny was a consultant at UCLA and Alejandro was a TI PM directly working for UCLA over 6 years ago.

Alejandro has worked for Totum for over 5 years with projects for the City of Placentia and Huntington Beach.

Ethan — When Danny's client at UCLA Asset Management introduced Ethan to Danny over a year ago, we felt that his broker and TI experience would be a benefit to Totum. We were right, and Ethan has worked on several complex projects including a fast track $1 MM multi -prime project for a long time Totum client.

Henry — Has been with Totum for almost 3 years, working directly under the City of Placentia for the city wide fiber optic distribution project. Henry would provide the role of QA / QC as needed.

Sandra — Was our client for 10 years while she was a CPC at the City of Long Beach. When she moved to work for the City of Placentia, and a suitable project arose, we were introduced to Luis Estevez and we have been assisting since then! Sandra has 25+ years experience working for public agencies, with her specialy, as a FASLA, with parks and recs.

Totum Design: As a company that offers design services, we can use our in house team as back up and often, for help during constructability.

Koury: We have selectively been utilized Koury since pre-Totum, for 25 years now. We are currently using them for our PSB project for the City of Placentia.

Labor Compliance: Although the City is likely to continue using LCP tracker for labor compliance, we do have a firm we can use, should the need arise.

Safety: Although this is be a contractor means and methods, with PM / CM oversight, we have an alliance with a firm that can provide full safety services. 4 totu m

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Danny Kaye, CCM, FRICS, PMP

LEED AP
President / Principal Sr. CM
310 351 0138
[email protected]
Danny Kaye — 2023 Brief Resume (Also See "Profiles")
Danny Kaye, principal, has almost 30 years of experience initially as a contractor and then as a senior construction project manager, estimator, and scheduler, working with commercial, institutional, office and retail projects for shell and core, interior/exterior infrastructure, and tenant improvements.

Representative Key Projects include but are not limited to:
• City of Huntington Beach 2022-2023: $2MM Renovation of Rodgers Community Center and new Park - Construction Manager.
• City of Huntington Beach 2020 (on call agreement) Sr CM for a fast-track ocean bluff bike and walking path, $1.8MM to complete summer 2022; Rodgers senior center renovation and new public park, $2.3MM, due to complete 2022. • City of Huntington Beach 2020-2021: $8MM Fast track grounds up of new homeless navigation Center, renovation of Edison Community Center, new skate park and Slater roof replacement - Construction Management Services. • City of Placentia - 2019-2021+: Fast track, APWA award winning conversion of warehouse into homeless shelter; ADA upgrades to police station and community center. Pre -construction services for new police station evidence storage building and gun range due to bid in late 2021/early 2022 • Port of Long Beach - Danny has worked on multiple Port of Long Beach projects including a 200,000 sq. ft high rise renovation at Long Beach Airport Plaza.
• City of Long Beach - 2003-2019+ Construction Project Manager for the CMAA award winning $25MM abatement / seismic renovation / re -skin and tenant improvements, while partially occupied, of the phased 175,000 sq. ft. 6 story (plus 2 basement levels) of the Public Safety Building* and Fire Station #1*, and over 50 various City facility upgrades and improvements (Parks and Recs, Fire Department, Library), McBride Teen Center, a new -$3.6M 5,000 sq. ft. teen center, MacArthur Park Branch Library, a new $8.5M library, LEED certified Silver, FEMA studies and seismic evaluation of and planning of a new $200M+ replacement high rise City Hall, City wide facility assessments for over 130 City locations, Main Library Roof seismic analysis, Parks and Recs with the successful Ocean Boulevard Bluff Restoration and Belmont Olympic Pool two phased investigation and repairs as well as overseeing the Queen Mary life safety project. Recent projects include the turnkey El Dorado Bridge Replacement, Craftsman Park and the LEED Gold Orizaba Community Center.

Oversight of the EDPD police sub station of Schroeder Hall Army Barracks, the fast-track demolition of the old County Courthouse, EDNC Bridge replacement (2012 and 2016)
Education / Qualifications:

University of Central England - 1993, Bachelor of Science (B.Sc. Honors) Upper Second -Construction Management (Quantity Surveying)
• LEED Accredited Professional (LEED AP)
• Certified Construction Manager, (CCM) Construction Managers Association of America
• Project Management Professional (PMP) - Member of the Project Management Institute
• CMAA 2005 award for management of $10-$50M public works project • APWA 2020 Award for Homeless Shelter, City of Placentia • APWA 2021 Award for Homeless Shelter, City of Huntington Beach • CMAA 2022 Award for Homeless Shelter, City of Huntington Beach 5 integrated
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Education /
Qualifications:

Queen's University, N.I -
Bachelor of Science,
Civil Engineering
• Institution of Civil
Engineers (UK),
Member
• Certified Construction
Manager (CCM),
Construction
Management
Association of
America
Patrick Lappin, Sr Construction Manager — 2023 Brief Resume (Also see profiles)
Patrick Lappin brings over 40 years of construction, design and development experience to clients covering the entire spectrum of project, program, and construction management from initial conceptualization and entitlement through design, engineering, and construction. He brings extensive local knowledge having worked the last 30 years in the greater Los Angeles area. Pat's experience includes working as a contractor, engineer, and owner's representative. His management skills cover all the major project delivery types such as lump sum, GMP, design -build, multi -prime and lease -leaseback. He has been responsible for a great variety of projects, including building core and shell, tenant interiors and civil engineering construction.

Pat has previously served as the program manager for the Beverly Hills USD schools modernization bond program, the program executive for the Santa Monica -Malibu Unified School District's modernization bond program; the Placentia-Yorba Linda Unified School District's new construction and modernization bond program; the Orange Unified School District's modernization program; the City of Long Beach Public Safety Building upgrades and the Port of Long Beach's new maintenance facilities.

Representative Key Projects Include:
• City of Huntington Beach 2022-2023: $2MM Renovation of Rodgers Community Center and new Park.
• City of Huntington Beach 2020-2021: Fast track grounds up of new Navigation Center, renovation of Edison Community Center, new skate park and Slater roof replacement - Construction Management Services. • City of Placentia — 2019-2021+: Fast track, APWA award winning conversion of warehouse into homeless shelter; ADA upgrades to police station and community center. Pre -construction services for new police station evidence storage building and gun range due to bid in late 2021/early 2022 • Placentia-Yorba Linda Unified School District, CA — Program Executive- Preconstruction, New Construction, and Modernization Program. $350M, 10 - year program included a new high school, middle school, elementary schools and numerous modernization projects.
• Santa Monica -Malibu Unified School District, CA — Program Executive/Program Manager - Program and Construction Management Services. $300M modernization and new facilities bond program for 2 high schools and 6 elementary schools.
• University of California Riverside, CA — Project Executive - Construction Management Services. Material Science and Engineering Building, $80M, 129,000 SF research and instructional laboratory facility. • Orange Unified School District, CA - Program Executive — Program and Construction Management Services, Modernization Program. $90M elementary schools modernization program.
• Chaffey Community College, Rancho Cucamonga, CA — Program Manager - Program and Construction Management. Program involved a nine-year $300M design and construction management program. Led this project from 6 integrated
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Education / Qualifications:

California State Polytechnic
University, Pomona -
Construction Engineering
Technology
Fluent written/spoken
Spanish
AutoCAD proficient.

Alejandro Pinel, Construction Manager - Brief Resume 2023 (Also see Profiles)
Alejandro Pinel has worked on construction projects for the past 14 years. His work experience includes internships with electricians, framers, and development companies as well as computer drafting for a permit expediting firm. Before Totum, Alejandro spent 4 years as a project manager for UCLA Asset Management which provided him with valuable fast track tenant improvement and renovation skills which he brings to each project. Alejandro came to Totum in 2018.

Alejandro currently serves as construction manager for several projects. His responsibilities range from bidding, preparing construction documents to reviewing plans, drafting contracts and scheduling contractors. Alejandro also performs specialty tasks on an as -needed basis whenever required by specific projects.

In general, Alejandro works with Principal Danny Kaye and Patrick Lappin to supplement and coordinate tasks.

Representative Project Experience Includes:
• City of Placentia — 2019-2021+: Fast track, APWA award winning conversion of warehouse into homeless shelter; ADA upgrades to police station and community center. Pre -construction and construction services for new police station evidence storage building and gun range underway as of 2022. Due to complete in 2024
• Supernal Flight Test Center: 2022 — 2023 — Fast Track $10MM site set up and multiple new structures / renovation. (A Hyundai / Kia company).

Construction Manager
• City of Huntington Beach 2022-2023: $2MM Renovation of Rodgers Community Center and new Park - Construction Manager.
• City of Huntington Beach 2020-2021: Fast track grounds up of new Navigation Center, renovation of Edison Community Center, new skate park and Slater roof replacement - Construction Management Services. • AF Gilmore Company, Farmer's Market, Los Angeles, CA — Construction Manager on the multi prime delivery of a new $2.5MM new building to the Original Farmers Market.
• PMA Union Hall, CA — coordinated the fast-track improvements to this existing Union Dispatch Hall.
• Occidental College, CA — assisting on a variety of tenant improvement projects varying in value from $100K to $9MM.
• St Johns Wellchild Avalon Clinic — CM for the renovation of a $2.5MM clinic renovation.

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Education /
Qualifications:

University of California,
Berkeley
Batchelor of Arts
Real Estate Construction and
Development:

Asset Management and Brokerage /
Underwriting / Feasibility / Bidding /
Contracting
CAD/Design:

Sketchup / Adobe Illustrator
10 Hour OSHA Certification
Ethan Erickson, Project Engineer Brief Resume
(Also see Profiles)
Ethan Erickson has worked within the construction and real estate development field for the past 3 years with residential and commercial firms across Southern California. Before joining Totum, Ethan worked in real estate brokerage and as an interior design and build consultant for 3 years specializing in single family development, design, analysis/underwriting, feasibility and permitting. Ethan's wide array of experience throughout the industry allows him to engage with and support our clients throughout the construction process. Ethan joined Totum in early 2023.

Ethan currently serves as a Project Engineer / Assistant Construction Manager for several projects. His responsibilities range from site visits, documentation, bidding, preparing construction documents to reviewing plans and schedules, drafting contracts, and scheduling contractors and trades. Pay application and submittal review. Ethan also performs specialty tasks on an as -needed basis whenever required by specific projects.

In general, Ethan works underneath the Principal Danny Kaye and Patrick Lappin to supplement and coordinate tasks.

Representative Project Experience Includes:

Project Engineer (With Totum)
• St Johns Community Health, San Bernardino, CA — 2023: The fast track $2MM renovation of a medical office building, to OSHPD 3 standards. • St Johns Community Health, Compton, CA — 2023-2024: The $4MM renovation of an old church and gun range into a 11,000 sq ft clinic, to OSHPD 3 standards.
• West Valley Food Pantry, Woodland Hills, CA — 2023: Currently working on the construction of a new $4MM food pantry.
• City of Santa Monica, CA — 2023: Assisting on an $8MM renovation of a historic building at the Santa Monica Airport and Runway Repairs and Lighting Replacement.
• Medical TI — West Hollywood — 2023 — Assisting on a $650,000 medical office TI for a plastic surgery center.
• Retail Located Medical TI, San Jacinto — 2023 — Assisting on a $300,000 medical / dental renovation in an existing dental clinic in a large retail campus.

Previous Work Experience:

Asset Management / Interior Design & Build, ERG - Los Angeles, CA

Henry Graves
Field QA / QC
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Henry Graves
Over 33 years of strong proficient work history in roadway, traffic signal & Streetlight infrastructure & construction. In-depth knowledge of county and state regulations as well as utility providers. A proven history of getting the job done right and efficiently. Team -oriented with the integrity and dedication needed to build a successful and respected organization. Hardworking and reliable with a strong ability to communicate and motivate field personnel to produce the best product possible. Work with project teams and customers. Offering a proactive and punctual team -oriented mentality. Strong knowledge of Construction JHA, CAL OSHA, CAMUTCD, CAL TRANS and SCE permits.

Motto - (Measure twice cut once!)
Select Electric Inc /
Labor Coordinator
Cerritos Ca
Siemens Mobility Inc/
Construction Field Supervisor
Anaheim, CA
As a Maintenance/Emergency-Traffic Signal/Streetlighting Company, (No day or job was ever the same). Performed site evaluations, assess damage to existing systems, write up scope of work to repair/restore what was damaged, (conduits, foundations poles, rewire). Scheduled construction crews and worked with necessary Subcontractors and City Engineers/Inspectors to get utilities back up and running in a timely manner. Developing functional solutions to difficult problems. Improved operations by working with team members and customers to find workable solutions in emergency situations. Worked closely with team members to deliver project requirements, develop solutions and meet deadlines.

Provided excellent service and attention to customers when face-to-face or through phone conversations.

Handled all delegated tasks, including Meeting with customers to assist in engineer budgets, scope of work, scheduling.

Republic ITS
Construction Superintendent
Anaheim, CA
Signal Maintenance Inc /
Construction Superintendent
Anaheim, CA
Motivated and supported field workers completing work to increase work quality and efficiency.

Maintained project compliance by reviewing contractor scope, materials and pricing take -offs to achieve competitive bidding
Coordinated schedules and day-to-day activities of crew to satisfy project needs.

Collaborated with field engineering and construction to prepare scopes of work for inclusion into bid packages.

Estimated materials and labor requirements to complete jobs within budgetary and timeline requirements.

Kept track of all inventory, including supplies and materials to prevent losses. 9 integrated
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Sandra Gonzalez,
Landscape Sr. PM
California Polytechnic State
University, San Luis Obispo, CA
Bachelor of Science, Landscape
Architecture 1984
California State University, Long
Beach, Long Beach, CA
Masters Degree, Public Policy and
Administration 2005
Sandra Gonzalez — Brief Resume 2023
Sandra has partnered up with Totum on several parks and recs type projects over the last few years. We have a relationship going back over 20 years to when Sandra worked at the City of Long Beach. We have worked with Sandra just recently on a parks project in Long Beach (Camp Fire @ Deforest Park) CSU Chancellors Office, Principal Construction Management Program Manager 2019 - 2022
Support Construction Management efforts systemwide for 23 California State University campuses. Maintain and update all forms and documents associated with construction delivery methods and conduct annual training to campuses on significant construction -related issues and processes.

City of Placentia, Director of Community Services. 2016-2019 City of Pico Rivera, Director of Parks & Recreation 2013-2016 Responsible for all operations, management, and personnel of the Pico Rivera Dept of Parks and Recreation. Leading a staff of 130 full and part-time employees, provide leadership in strategic planning and implementation.

Responsible for Department budget, programming, major special events, major project implementation, and oversee the Parks and Recreation Commission.

January 2009 -Feb 2013; City of Long Beach Dept. Parks, Recreation & Marine
Bureau Manager, Planning & Development
Oversee all Planning and Development efforts for the Department of Parks, Recreation & Marine. Responsibilities include budgeting, planning, overseeing design and construction efforts for Capital Projects and long-range planning.

Projects include new parks, community centers, marinas, and beach structures.

Oversee a staff of 10 persons. Department budget of $40M. Liaison to Council offices, Commissions, and community groups.

City of Long Beach Department of Public Works, City Project Management Officer 2002 -2008
Oversee the management, budget, and schedules of all Public Safety, Parks and Recreation, Library and Civic Center projects, from consultant selection through design and final construction. Also work on major master planning and facility assessments for all facilities. Responsible for regulatory and environmental compliance on all projects. Oversee a staff of 11 Civil Engineers / Architects/ Inspectors /Project Managers. Responsible for approximately 100 projects and $100 Million dollars of funding.

Los Angeles County Dept. of Parks and Recreation, Division Chief, Project Management Division 1998 — 2002
Responsible for administration and implementation of $285 million dollar Capital Improvement budget, resulting from California Bond Acts of 1992 and 1996.

Projects range from construction of new park facilities, nature centers and sports complexes, to refurbishment and renovation of existing facilities. Staff of 35. 10 integrated
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totum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
dannv(@totumconsulting.com
giulio(atotumconsulting.com

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES E. Relevant Proiect Experience and References
Over the last 20+ years, Totum has been the construction manager for well over 250 projects, from small tenant improvements, through large, complex grounds up construction on a 9 acre highly contaminated site into a LEED gold union hall, new schools and major seismic retrofits and curtain wall replacements on high rise buildings as well as parks, historic seismic retrofits and homeless shelters. The project types we have managed include facility types listed in the RFP Scope of Work, Section 3 such as:
fire stations, libraries, city halls, police stations, community centers, parks and beaches.

We provide herewith 3 references for similar type projects completed within the last 4 years. Also see additional projects.

Of the staff listed Section D, Danny Kaye, Alexandro Pinel and Pat Lappin have all been involved with these referenced projects.

Project #1. Supernal @ Hyundai - Phase 1a / 1 b -$10MM
Period: August 2022 - Present
Client: Supernal
Contact Name: Niraj Nath
Head of Facilities Strategy & Management
nirai.nath(a)supernal.aero
510 371 2625
Totum managed the "dirt to done" fast-track build of a 90,000 sq ft desert site for Supernal. Other phases pending. See profile.

Project #2. Michael Rodgers Community Center - $2MM
Period: December 2021 - December 2022
Client: City of Huntington Beach
Contact Name: Chris Slama
Director of Community & Library Services
City of Huntington Beach
cslama(a�surfcity-hb.orq_
714 536 5495
Totum managed the project from bid award through completion. Demolition of existing building, renovation of existing building. Construct new Park and parking lot. See profile.

Project #3. Edison Community Center-$1.2MM
Period: December 2020 - December 2021
Client: City of Huntington Beach
Contact Name: Chris Slama
Director of Community & Library Services
City of Huntington Beach
cslama surfcity-hb.orq_
714 536 5495
Totum managed the project from bid award through completion. Demolition and substantial renovation of existing building. See profile. 11 totu m

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ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Project #4. City of Placentia Navigation Center -$3MM
Period: August 2019 - April 2020
Client: City of Placentia
Contact Name: Luis Estevez
Deputy City Administrator, Public Services & Infrastructure lestevez(a�placentia.orq
714 993 8120 - 714 528 4640
Totum managed this APWA award winning project from concept, design through completion. Fast track conversion of a warehouse into a homeless navigation center and replaced site modification. See profile.

Others:

Project #5. CCRC Head Start School-$2.5MM
Period: October 2021 - November 2022
Client: CCRC
Contact Name: Eric Corrales, MBA
HS Operations Manager
ECorrales©ccrcca.org
818 717 4508 - 818-377-1522
Totum managed the project from design wrap up through bid and completion. Located in Lancaster, CA. This was a conversion of large retail space into modern head -start school.

Project #6. Huntington Beach Navigation Center. -$6MM
Period August 2020 - December 2020.

Client: City of Huntington Beach
Contact Name: Sean Crumby
Director of Public Works
sean.crumbv(c�surfcity-hb.orq.
714 206 6639
During the peak of Covid Totum provided preconstruction and construction management services and managed multiple contractors for this extremely fast tracked and critical project for a 150 -bed homeless shelter. 12,000sq ft facility in a sprung structure on a 2 - acre site. Overall hard costs of about $6M. See profile.

Project #7. Occidental College -$12MM
Period August 2018 - December 2020.

Client: Occidental College
Contact Name: Thomas Polansky (Now at the Huntington)
Facilities Director
tpolanskv(a�huntinaton.orq
626 405 2252
Multiple complex renovations of several occupied facilities including the Anderson Center and other special project including the Gilman Fountain restoration, Sycamore Glenn restoration and several roofing projects.
12 tot um

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2024 On -Call Program
Project Management & Construction Management
Project Profile
Placentia Navigation Center
Fast Track - Completed March/ April 2020
10,000 sq. ft. Interior Improvements with Partial Site Work Hard Cost: $3,000,000
• Totum provided Preconstruction and Construction Phase Services.
• Critical timeline, driven by lawsuit.
• Emergency provisions allowed special procurement route • Select, limited bidder list (prequalified).
• Requirement for all new utilities as exiting warehouse had limited power, gas, water etc.
• CASp reviewed for compliance.
• Special seismic upgrades required prior to work
commencing.
• Partial grant funded.

Change Orders: —10%, For Owner Change Requests and Site Conditions.

Totum Role: PM / Construction Managers from design through construction for all phases.

Contractor: Cannon Constructors
Architect: Totum
Client: City of Placentia / PATH Homeless Services
Special Issues: Critical timeline, upgraded utilities, ADA improvements to hardscape. Impacted by COVID.

PLACENTIA NAVIGATOR CENTER -WEEK AT A GLANCE -03/30/20
Prepared by Totum
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Project Profile
Huntington Beach Edison Center ADA / Renovation
Fast Track - Completed March 2021
11,000 sq. ft. ADA and Interior Improvements
Hard Cost: $1,000,000
• Totum provided Preconstruction and Construction Phase Services.
• Critical timeline for opening
• Traditional design -bid -build
• Bid with Qualification Requirements
• Low Bidder Rejected
Change Orders: —8%, For Owner Change Requests and Site
Conditions.

Totum Role: PM / Construction Managers from design through construction for all phases.

Contractor: Horizons Construction
Architect: Pacific Rim Architects
Client: City of Huntington Beach
Special Issues: Hazmat abatement, covid climate, limited budget.

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2024 On -Call Program
Project Management & Construction Management
Project Profile
Park and Community Center 2021-2022
Huntington Beach, CA
2,625 sq. ft. single story major renovation, parking lot and park.

Hard Cost:—$2.5MM. Includes renovation, park and parking lot • Public Client
• Competitive Bid
• High Profile
Change Orders: ^-5% of which —2% was added scope.

Totum Role: Construction Management, overseeing project from award through completion.

Contractor: Legion Builders
Architect: RJM
Client: City of Huntington Beach
Special Issues: Dealing with community, long lead times caused by covid. Fire department use of the demolished community center for training.
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Project Profile
Public Safety Building, Long Beach, CA 2005
162,000 sq ft 2+6 stories
$17.5M Seismic / Shell / Core
$8.5M Tenant Improvement
Duration: 24 months (construction portion)
Awards: CMAA 2005 construction management for
public works project <$50M
Totum Role: Totum staff was Construction Managers
with 3D/International for this project, with day to day on site CM /PM services.

Contractor: Swinerton Builders
Architect: Nadel / Langdon Wilson
Client: City of Long Beach, Department of Public Works
Special Issues: Required over 16 months of planning,
and the creation of temporary facilities including a
temporary fire station, at locations around the City for the fire and police department as well as the mandatory requirement to keep portions of the building fully active for police and jail functions to keep the facility licensed.

Created an additional 1,500 sq ft community center by
infilling covered exterior portions of the building.

Special Features: Fully abated, new MEP systems, cool
roof, seismic upgrade to "critical facility" standards, New generator, restrooms, stair pressurization, new kitchen, walk in refrigerators, new curtain wall system, new
state-of-the-art jail hardware and seismic monitoring
equipment installed by CSULB.

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2024 On -Call Program
Project Management & Construction Management
Project Profile
County Courthouse Demolition 2015 -2016
Long Beach, CA *** on track for 5/31/16 ***
340,000 sq. ft. 6 story 1960's structure with subterranean parking
Hard Cost: «$6.9MM. Includes site demolition / grading
Competitive Public Works Bidding
• Substantial hazmat abatement
• Extremely fast track with no ability for time extension • Totum assisted as PM / CM from concept through
completion
• Critical coordination with SCE and utility companies
• No "design team". Totum had to ad-hoc bid documents in compliance with City standards
• Required PLA
Change Orders: -15%, 5% anticipated as added scope.

Totum Role: Construction Managers, contractors, and overseeini project from design process through completion.

Contractor: Environmental Construction Group, Signal Hill Client: City of Long Beach Economic Development
Special Issues: Substantial Hazmat, Coord with PD, SCE. 15 integrated
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Project Profile
Mark Twain Library, Long Beach, CA
16,070 sq ft
$8.2M shell / core
Type 5 fully sprinklered, wood framed, stucco, built up roof / metal roof.

Duration: 11 months to substantial completion
Change Orders: <2%
LEED Certified - Silver
Totum Role: Construction Managers overseeing project
from design to completion. Initially with 3DI and then as a consultant to Parsons-3DI.

Contractor: Swinerton Builders
Architect: CWA, Glendale
Client: City of Long Beach, Department of Public Works
Special Issues: LEED boot camp, partnering, Section 3
labor outreach required and complied, public art pieces, neighborhood input.

Special Features: Yellow brick road, salt water
aquarium, 3D pop out book bench.

LEED Consultant: Jim Ogden (Now with 3QC Inc)

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2024 On -Call Program
Project Management & Construction Management
Project Profile
Craftsman Park, City of Long Beach 2013
Orange Ave
15,000 sq. ft. infill park project.
$450,000
• Approx. 1/3 acre park project, build on the site of 2 prior residences for City of Long Beach RDA.
• Competitively bid. Prevailing Wage.
• Totum assisted from pre-bid through completion
• Bid and managed in accordance with City of Long Beach procurement practices.

Duration: April 2013 - July 2013
Change Orders: $20,000 (Unforeseen conditions and Owner changes / additional scope)
Challenges: Fast track project with restricted hours, close adjacent neighbors.

Totum Role: Construction Managers overseeing the pre-bid process, constructability and construction phase. Part time.

Totum retained geotech and deputy inspectors for
construction phase.

Contractor: Micon
Architect: Melendrez
Owner: City of Long Beach
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Project Profile
Orizaba Park Community Building 2012-2014
Long Beach, CA
4,400 sq. ft. new Community Center
$1,900,000
• Set on a 3.8 -acre park site.
• 1 story community Center.
• Slab on grade, wood framed, Parklex siding, standing
seam metal roof,
• Mandatory LEED Gold requirement.
• Totum assisted from design through current 75%
completion (estimated to completed August 2014)
Duration: Design 2012 - 2014 (Est. Complete May 2014)
Change Orders: <10% forecast.

Challenges: Adjacent occupied park, multiple subcontractor replacements had caused contractor excessive schedule
impacts although the project is not too far behind.

Totum Role: Project / Construction Managers overseeing
design concepts from grant writing through bid documents, plan check, bid phase, construction and completion. Part time equivalent staffing.

Design Team: Fernald, Inc, Long Beach
Contractor: G2K, Agoura Hills
Owner: City of Long Beach, Department of Parks and Recs. 16 integrated
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2024 On -Call Program
Project Management & Construction Management
Project Profile
City of Long Beach El Dorado Nature Reserve —
Replacement Pedestrian Bridge, Signage and
Amphitheater.
2016-2017
Parks and Recreation
Hard Cost: $750,000
• Competitive Bidding / Public Works
• Totum provided Construction Management
• Totum provided preconstruction and construction phase assistance
• Deadline for work scope due to seasonable nesting
requirements for wildlife.

Change Orders: —10%, For Owner Requests and Site
Conditions.

Totum Role: PM / Construction Managers from design through construction
Contractor: Bitech Construction Company
Architect: AHBE
Client: City of Long Beach / Public Works / Parks and Recs Special Issues: Pre -order of Bridge Shop Drawings prior to Bid Process, Totum 2nd project at this location within 5 years. Grant funding from Regional Mountain Conservancy
17 integrated
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Project Profile
East Division Sub Station 2014 -2016
Long Beach, CA
24,549 sq. ft. police sub station geared towards juvenile detention. 204,000 sq. ft. Sitework
Hard Cost: $6,100,000. (—$244 per sq. ft.) Includes site and FF&E
• Competitive Public Works Bidding
• Demolition down to studs and slab
• Substantial hazmat abatement
• Totum assisted as PM / CM from concept drawings through completion
Change Orders: «8% of which —4% was added scope.

Totum Role: Construction Managers, contractors, and overseeing project from design process through completion.

Contractor: Robert Clapper Construction
Client: City of Long Beach
Special Issues: Historic building, addition of an elevator.

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15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES F. Understanding & Approach
Having worked for multiple municipalities going back 20 + years, for clients such as the City Long Beach, Huntington Beach*, Carson* Azusa*, Placentia*, Irvine* and Santa Monica* [* currently working with or recently finished a project], we have learned, complied with, and even helped edit, certain city processes and worked with them with alternate and specific procurement methods.

With our experience working at our city clients as well as long term clients like UCLA, BHUSD and other private clients, we have dealt with all public agencies, city, county, state and federal, including DSA and OSHPD on federal and state funded projects.

We have found most clients have differing forms and protocols. Charter City's www.totumconsulting.com also vary. We work with the city forms and processes and have even improved danny(@totumconsultino.com them and picked out errors. We have also automated them, so they are more oiulio(@totumconsultino.com efficient and have supplemented them with our own forms we have created to enable the city, the public work and or parks and recs staff, to have better controls. From our engagement, we work with our forms and city provided formats.

Of the projects within the RFP Section 3 Scope of Work that you indicate you are undertaking, there are the numerous types of projects with which we are very familiar, experienced, and comfortable managing.

As a small firm, we are very hands on. Our project team shall be led by Danny Kaye, as the day -do -day person. A small project can be managed differently than a large project, so we would need to assess each projects needs.

We are very suited to help you with building type projects such as new build, renovations, seismic upgrades, demolition and park projects that have special needs.

Our approach to management of any project is to create a collaborative environment and treat every team member as a vested stakeholder. There are contracts, with their related terms and conditions, for most of the project delivery team members and these must be complied with, but it is in everyone's best interests to collaborate and that in turn enhances the rate of success. Our goal is to minimize the risks, increase the opportunities to maintain the budget and deliver the project with the desired quality and within the schedule. We utilize practices, tools and standards we have perfected over the years and modified in line with the Construction Management Association of America (CMAA) published standards. We ensure we get familiar with all stakeholders, agency and project specific issues. We have very recent experience working on City projects including the extremely fast track 18 tOtU m

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ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Navigation Center and currently the Public Safety Building. We know how to work with our City clients and provide for the services you have outlined We understand the need to have projects completed within strict deadlines.

We know the logistics and complexities involved with all aspects of a project, from concept through completion as we proved for the fast track HB Navigation Center. We are familiar with most software systems and assess their needs for each project and client requirement.

Our primary objective is to provide you a team that can professionally manage a specific project, from a part time person through several full-time team members, which we are confident we have, and to staff the project with adequate hours necessary for Totum and consultant support as needed to start a project correctly, with budget and constructability and realistic timelines.

Our second objective is to ensure the bid documents [plans and specifications] have been checked, are thorough and structured and capture all project needs.

The third objective is to work collaboratively with the contractor (and other consultants), be open and clear with issues, including cost, schedule and logistics and to ensure all stakeholders are kept in the loop. You must be briefed of any issues before the city manager, council and the mayor are informed blindly.

The following categories is our understanding of the City's needs and our general approach to managing projects.

Preconstruction:

From our engagement onwards, we take on our role as an "extension of staff' and become vested in your project. We elaborate below on some of our methodology based on your outline of scope of services. All tasks you refer to on pages 5 to 10 of the RFP are standard practice for Totum and our consultants and our services can go beyond the listed items. If needed, we would also be able to assist the City with any documents and tasks in order to obtain funding for grants.

As part of the initial kick-off team meeting, we would seek to define all roles, milestones and expectations and ideally have, a "light" partnering meeting.

We would also discuss any value-added benefits or tasks we think you may need.

Upon selection on a specific project, we'd set up typical project files and a drop box for the team and initiate a kick off meeting. We'd create the agenda and chair the meeting, set goals and milestones and ensure they are met. We'd provide an initial simple milestone schedule and get stakeholder buy -off. See page 25 for a sample master budget review.

We will work with your team, with constructability and buildability review of the plans, provide cost estimating, help with the appropriate plan check agency, 19 totum

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ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES compilation of bid documents including review of plans and specifications in detail, and the bid process, run the bid walk, assist with bid addendum and up to contract award. Initiating the bid process will be an early task and using experience and techniques for multiple public agencies, we shall issue a procurement sequence for City approval and set up the bid process that will yield suitable bidders.

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Ormeary Rata Emrded
1 3 25,000 $ 25000
3000 3 15 $ 45000
27169 $ 6 $ 163014
62 $ 150 $ 9.300
5 3 560 $ 2.500
15 3 750 $ 11.150
4400 3 12 5 52,00
1 3 25,010 $ 25000
600 3 6
1 3 7.500 $ 7.500
200 $ 65 $ 13000
1000 $ a $ E000
5 $ 250 $ 1.250
170 $ E0 $ 10)00
3395 $ 25 $ 83,625
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9 $ 1,500 3 13.500
720 3 120 $ 8E400
2 $ 4.500 $ 9000
35 $ 140 $ 4900
1 3 51000 $ 50900
E 3 3.500 $ 21000
4 $ 3.500 3 14000
160 $ 135 $ 21,60
1 3 51000 $ 50000
1564 $ 3 $ 3,960
200 $ 30 3 6300
000 $ 15 3 68.000
11 $ 2,500 $ 27,500
1 3 15900 $ 15960
2 3 3.500 $ 7000
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1 3 0000 $ 26600
$ 1,108,99
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$ 532,670
$ 1.663599
$ 332.670
$ 1,996,018
1/16/24 13:19
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integrated
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ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Constructability Review: Totum review plans, ideally at 70% or more complete, to check for errors and conflicts. It starts as a detailed review of every page and detail for accuracy and compliance. It cannot be carried out too early as there are often early tidy up processed that the design team must do. We either pass our markup set to the team or create a list, in XL, so that the items can be formally addressed.

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integrated
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ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Schedules: This is a recent master schedule we did for the city of Azusa. This is a fast-track project they engaged us for CM and design services. We understand the city procurement process and the steps required.

Of course, if a city requires internal expediting, we accommodate that in the schedule and process and track it accordingly. Please refer to Section G for other schedule information.

City of Azusa -Masts Schedule - PreimharyMasserScheduleCcncept SrCFrifer Task Name % Duration I Start I Finish
1 Azusa Sr Center Improvement 0% 386 days 1/4/24 6/26/25 2 Concepts Approved 100% 0 days 1/4/24 1/4/24
3 Budget Updates O% 2 wks 1/4/24 1/17/24
21 Totum Proposal (CM/Design through completion 0% 0 days 1/18/24 1/18/24 22 Approval of Totum to Continue 0% 1 wk 1/18/24 1/24/24 4 SD's 0% 4 wks 1/25/24 2/21/24
9 Updated Budgets 0% 2 wks 2/22/24 3/6/24
20 Approvals 0% 1 wk 2/22/24 2/28/24
5 DD's 0% 5 wks 2/29/24 4/3/24
6 CD's to 80% 0% 9 wks 4/4/24 6/5/24
10 Updated Budgets 0% 2 wks 4/4/24 4/17/24
7 Plan Check / Permit Ready 0% 8 wks 6/6/24 7/31/24
8 CD's to 100% 0% 4 wks 6/6/24 7/3/24
19 FF&E Selection / Order 0% 4 mons 6/6/24 9/25/24
11 Bid Process 0% 73 days 7/18/24 10/28/24
13 Assemble Bid Docs 0% 2 wks 7/18/24 7/31/24
12 Advertise 0% 8 days 8/1/24 8/12/24
14 Prequal 0% 3 wks 8/13/24 9/2/24
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ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES NIBS and Bid Documents. Totum frequently creates [edits from the city boiler plates] the front-end documents for the bid package as well as fully review and mark up, the design team technical specifications.

Our knowledge of public works projects enables us to look for conflicts and errors, whether it is sole source specifications without "equals or conflict / clashes with other sections. Most design team re -use specifications and we often find errors including references to a project that is not related to this one! Below you can see a NIB totum issued on behalf of the City. FYI, Totum fully managed this pre-bid conference with sign in sheet, hand outs etc.

Meyer
WARD L. SMI1H
Mayor Fra Tr,.
v EREMr B. YAMAGL CHI
Councriwrwbarr

KEVIN ISIRININ

RHONDASHADER
CHAD P. NAME
ran lasoprm an eke City
Ark Fest Chapman ,A•anar Pioanela, Ca harnla 02/161
Placentia Public Safety Center Phase 2
Notice Inviting Prequalified Bidders INIB}
Tuesday, December 13, 2022
Chy ark
ROBERT s. MCKINN ELL
CNy rrruunr
KEVIN A. LARSON
G' yAotiurllllstralor

DAMIEN R ARRULA
Dear Potential Bidder:

There shall be a mandatary pre-bid conference and site walk through arc Monday December 19, 2022, at 10am.

Location: Prciect site, 2999 East La Jolla Avenue, Anaheim, CA 92906.

Bids shall be due on Thursday, January 26, 2023, 4pre through Pianetaids.

Please anive promptly and no later than ti]am at the main gate. There shall be a sign in sheet. All attendees must attend the ent re duration and sign out al the end. Once the job walk commences, no other participants are allowed to attend. Your vendors 1 subcontractors are not required to attend, although you may bring there if you desire.

There will be other set dales, during the Bid process, that we shall make the site available for additional site visits. The completed sign in sheet shall be made available to all Thal request it.

Plans and Specifications shall be formally made available via PDF, Thursday December 15 via Planelfids.

We look forward lo meeting you at the mandatory, pre-bid conference and walk through.

Regards.

Tobrm, ort behalf of.

Masoud Sepahi, PE, LEED C, City Engineer
Direct Line: (714) 993-5132 {949}375-6599
mseoahitolacenta.ora
At the pre-bid meeting, we would have a sign in sheet, agenda and run it like all of our other many pre-bid conferences we carry out for prior projects with Huntington Beach, UCLA, City of Long Beach and Placentia to name just a few.
23 totu m

HTP Start
Days
Pis
Como Dula
Cunrc auto
Praoresa
Mania
% Caroler
o anmael
o oh Pbtent% $
Fir Cort Poli.
totum
wRt.a
wRza
541114
PeR3
WR2
wRa.a
WRa.4
integrated
design
construction
management
sustainability
tutu m
Aleralwase

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Construction Phase:

We would initiate a kickoff meeting with the contractor, client team and design team and all stake holders [including our labor compliance coordinator, local unions if applicable, testing and inspection consultant, client maintenance teams], create the agenda, attend and manage all weekly meetings, review contractors schedule and milestones to ensure they meet with the project requirements.

We would prepare reports for
City staff to use for
approval/award of projects.

Placentia HMyataen Gamier
Lacunae City Hal
or.t Mafia
Taw: Balm Cenatruotlon with tin Unarm
i 14: 4 Coristro Mon
K a le Cracker, ata MC Hearin he Cernmertr Brews
✓ IPKeiSi olitk Cao F arena* %Mau H{rMrrt
▪ Eratel, CIF 4F Pewee Covelteito
LCL Elea, air 41E - of Pubic MAD
D arty Kee, Mr, - E
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DanCurti{1:411- Pd
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Ew Taal Tahrm n fararrc
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Taacy tate, Parr (M
MGHhi UM* c 11aS1
W E MT.11 ...3.1301• w'i ,Amt a r. rt ,.+-s . old ktm. and Ir d.it Description
Wesley Ilpnites and Planning
duress' tl3r.3wmorag
SubmInalw
Tern reviewed Submittal lag dated 117120. Of the Iraayn(Mtl al ibi *8. 18 8 35 have the highest Priority. Totem will maiip fel Komi III d of plumbing fixtures toi;amzn For Submittal 11$ emnil,•¢iit4jgtrWire colors. cos: and Gmefmnes prior la suhrnilGng. Carte (ayilk4 *Wit* iaht lmmes c.a.-riled. Tear will need u review the Ftriptir mEiRk is pew tda steblily.

Log darted 1f14.2l1 reviewed. Cama, moaning round with norm pr lrrenuimyLrer rowiroRmte. Peintir,, ecrirn TBD. Lighting fuYMMlt treed to he derided by Friday 3p i. Priority of opensubmittals is ltL GOITIM1014D,Z2211irxona
Mrrirg Mrata.
a..lmeon
rix•
I I G'I"a ISI
Lowen ii8321
Tom ili SIM
Tmm 1172411
Teem reviewed Stibnite! Lag doled YRF23-1:28 &N 27 have priority. Cannon MON] Lag doled 1tl4t241svlewed. !Noel inportrrt Lo answer are 28 (Guar Cannon ilt 544:1 colors) plan 526 21 which go together. 124 was et,rweted laid needs more n pu L by Ute Civil E ncineer. The issue a t stru i m l idegerity end ADA access to the outdoor shed needs In bean RFI. ileamrhile Jesse la review the shed win City Inspector.

Cannon 117240
C ORs1ChulpeOrders
Whers pending: Cama, will provide ROMs tar pending wens: reiane The Cannon MEMO o verhang. co,Qele Bleb removal end replacement, sairn colors H recurred. FlLrnbinl fudares, 2 new vrindows.

The PCO for redran-.e oe the overhang was received and oppravnd.

Cannon 1.11540
Cannon 112240
The assigned project /
construction manager, apart
from coordinating and
managing the weekly
construction meetings, would
assist the team with submittal
review and tracking, RFI's and
change orders, utilize our
team for all change order
reviews as part of a quality
control program. Totum
provides weekly photos and
"Week at a Glance" reports as
well as monthly reports that
clients of ours have required
to issue to their agencies such
as RMC, HRSA and CDBG.

Image to right: Typical
minutes / agenda.

Our staff are trained to ensure
that the contractor's payment
application and schedule
values matches the contract
and that they invoice correctly
with accurate % complete and
that they include all releases
and "deliverables" required for
payment along with any
CDBG vouchers and forms
required. We'd make sure that all quality control aspects were reviewed prior to approving any payment applications. This would be through our project / construction manager, who may enlist our QA / QC staff if needed.

Sometimes, an independent review makes sense.
24 totum

2 50,999
100,800m
2,717,095.00

2.667,095.06

7.534
,490
29,000
6,440

60.000
Est.
,actual
Actual
Est
AC450,
ActA1yul
5602
Actual
Actual

22.750 Actual $
22,750 Actual $
'5.500
251100
25000
10,000
10,000

70.000
Est.

Est.

Est.

Est.
$S�
225.000.0 Actual 5 206,100 5

50.944 $
50,030
50,030
2,717,995
$
26930
rr�Ja
2, ,07.095

7.115
2 n/
WV-
3B21.9
J-30(2]9
5,200
56,791
15,903 $
20,030 r r $
10,003.-
$
0,033 $
$
E1penatu
integrated
design
construction
management
sustainability
totu m

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES BLU HBNAV 111120 .X18% as of 11!11/20
dm..i
CO
dry d l6. Edam
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6 16 lN.lh/sra .ri"a.d1a
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Man rent• • 1w. Martial
04040.04
}oral Esmond
Ol4jnai Contract Sum $ 670.663.48
Current Contract Sura
nary Danced! Sum
r Dinar Comma.

Liery % orar rig nal contact
Annual Paw NE
An811n Ibmelr4n0 [Oma.]
%raid (anent CYnwW
E.9malod Co. to Efbr
Max not to Exceed Gat
Contingency Balanced
833.61.3.23

1.712.935.31

24.3%
748 855.19

64.160.64
80%
$ 1,212,535
0 1,225400
f 52,055
111111m 0:80
Our experienced staff will help with all issues that
could arise on site with field conditions, inspectors
or client changes. Our project / construction
manager would update budgets and schedules
and advise the selected stakeholders if and when
any issues arise and how they are to be
remediated or mitigated.

Totum utilises our "BLU" form (image to left) to
track and update constructiion budget changes.

We track change orders and potential change
orders to keep our clients aware of the budget and
contingency status. This shows the City instantly,
that with known costs and project costs, there is
still funds available before they would need to go
back to council. At various stages, the risk is
higher than other stages depending on the project
progress and intended added scope whether
change order or other fiscal adjustments. It also
shows funds paid; balance left in the contract
etc. Our clients find this a helpful tool. Our
knowledge of what the city clients needed
helped us perfect this form.

Categories
AdrministW

61.1 61.2

61.3 61.4

61.5 8lbl
443
61bz
RILS
R1L6
EPP1.1
EPP1.2
EPr13
EPP1A
61i01y Fees
DFL1
UFL2
UFL3
OFL4
Desi;nCm6ddN5
D C1.1
D C1.2
O CL3
City of Placentia, Navigation Center Master Budget
Description Baseline Budget Est7A.ct anent Budget
J0$a] Fees
IEsunw 30685180
Btalang Purchase
Lr .

0.1Y Rapeimiss
5rh rotaE
4b?» /MPI6 O LEAI
Ha, F4tate113.15
WrosApp1�Js.AiRyY.. •, Assessment
011 I . . Assessmlent
Property Condrfion Assessment
Soh Total
(Permit Fees
Plan !hoc
P e11015 Fees
P lanning
Developer Fees [School Fees etc]
5th rota!
Electric SCE
Water /Sewer
,Cas
Filo1e/D3ta
Sun Total 5
TP,M. Design
Mechanical
Electrical
S
5 25
During construction communication would
typically be through out project / construction
manager. We would liaise with your
assigned staff member and keep
communication through the protocols and
hierarchy agreed for both verbal and written
comminications. We shall liase with the
contractor and consultants accordingly. Any
direction that requires correspondence to be
tracked shall be followed with an
email/letter/memorandum to file. Image to
left, sample for tracking master budget.

Typical schedule below.

We would monitor the contractor's safety
program and performance.
totum

integrated
design
construction
management
sustainability
otum

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES City Change Order Forms: This is a recent draft change order on our City of Placentia project. We draft and issue for our city clients. On a private project, it would likely be an AIA form.

Gibe of Placentb
Contract Change Order Nal
PYoenta Publ. Emit. Cenler H ri"
Loenareen P :2@2-23
You are hereby directed to make the herein described changes from the plans and specifications wto do fie following described work not i nd uded in the plans and specifications on this contract Description cf work done, estimate of quantities and prices to be paid. 1 This Change Order provides:
a) Extra work as listed in Exhibit A and the detailed C CRs ik01, 02.03.05.1.03, 07, 09. and 00. 2 This Change Order cameabout from:
a) Meta the need for Contractor to A}install a temporary400 amp panel because afthe long lead time ofthe 120D artp panel specified in the bid documents; 8 j To purchase altemate HVAC equi prnent due to long lead time of items in hid documents; C} Provide credit kr items removed from Loengreen's scope i nd udirg electrical scope, card reader and camera equipment, and inFeriarwalls; D) Install additianal Iightfixtures not included in bid documents; E} Provide additional connect ars for new HVAC equipment; F} Provide additional law voltage conduit; G) Instal I additional conduit for revised IDF location; H} Expedite Panel EM1 delivery to meet proiectdeadlines. 3 Action tote taken:
a) The Cont-a:Mrwas directed to perforrnthe additional work items and arderthe necessary equipment accordingly. 4 Compensation
a] AdjusVnentofLine Items exceedirg25%
b) Extra wick $ 5
,45.39
dj Credis $ (11111,945.30)
Total el 64E13.01 }
5 Contac11i me Extension
a)
NIA
In addition to work specified in the bid specifications. this change order indudes all extra work, field adjustments and credits. This work is a Contractor initiated change and includes all la bar. equipment, materials, and supervision and Administration_ CHANGE TO CONTRACT COST: CHANGE TO CONTRACT TIME:

Contract Amount $1,324,000.00
Previous CCOs: S
Adjustment of Line Items
Exceeding 25%
Total Extra Work $ 93,455.39
Total Field Adjustnenis
Total Credits 5 (111,045.30)
Changes in Line (terns: i (18,480.01)
C urrent Cantract price: $ 1,305,510.09
Prepared by:

Recommended:

Danny Kaye, Senior Project Manager, Tatum Consulting
26 0 Waking Days
totu m

integrated
design
construction
management
sustainability
totum
Close Out

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES HB NAV
Close Out Checklist -To Retention Release
Item
1 Ensure contract executed
2 All change orders processed
3 Invoice to 100% approved
3 No liens or threats
4 Punch list completed if applicable
5 Sign off by City/ Inspectors /Agency
6 As Builts
7 Guarantee /Warrantee
8 Attic Stock (materials/ parts)
9 O&M Manuals
10 Training if needed
11 Cx if needed
Once complete, retention can be funded
Required
Provided
As we head into close out, we'd ensure the punch list
was provided and that all corrections were made and all as-builts, warrantees, and "O&M" manuals are provided.

A Totum close out checklist, combined with documents
that the City specifically needs shall be compiled. All close out documents would be thoroughly reviewed
before hand over. A final audit of all costs would be
carried out and reconciled. We'd hand over all our
documents we have accumulated and explain them to
the City team so that the close out package was fully
understood. Images to left, sample close out lists.

We have worked on projects from $25,000 to
$45,000,000 so can accommodate any project task,
size or role and would customize our approach to be
suitable to your project scope and needs.

We do have a simple procedures manual that outlines
many of these steps that we would share with you and
modify for each project.

See Project WAGS.

PLACENTIA NAVIGATION CENTER - WEEK AT A GLANCE -02/28120 Exterior framed protection In place during construction.

R
Drywall for kitchen area mudded and taped
Wall Ma Installation uncle nvay In mMrooms.

Framing for conference room glaaing liWrwey
1 1
Ira.d sa uaw mi ar In sprtn, eteeuva
drorw enol of tin tellers Fla and painting underway
City of Huntington Beach - Cameron Lane NAV - WEEK AT A GLANCE -1116120 Prepared by Totum
27 totu m

integrated
design
construction
management
sustainability
totu m
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
[email protected]
giuliol totumconsultino.com

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES G. Scope of Work
Totum has thought this question through. Until we know what kind of project is selected, it is not really possible to add scope to the already typical PM / CM roles / tasks that you list and that we and our consultants provide.

Page 5 ends

limited to", for 13 catagories [ Totum is comfortable helping with many of these ] and following this list, through page 10, outlines mutiple tasks and roles.

While many of these tasks may be requred on any specific project, it is very difficult to expand upon this without knowing a category to work on.

For example, a mechanical equipment upgrade, which Totum has managed on multiple projects in the past. We have replaced mechanical units on multiple City of Long Beach projects, as well as 150 Ton roof top cooling towers for UCLA in 2 high-rise buildings, even using helicopters. These mechanical projects require substantially less tasks than a grounds up building. Therefore, it is difficult to expand upon this question, without selecting a specific project type.
28 tot um

integrated
design
construction
management
sustainability
otum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumc
dannv@totum
aiulio(atotum
1 ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES H. Schedule
Below are 2 recent schedules we provided our clients to see who to take a project through completion.

The first is for the City of Azusa. The client requested we give them a simple timeline how to get from where we are in January through to the end, particularly in light of there is politics as to when the work will start because of council elections. The second one is actually for the City of Placentia when we were timing to see how we could get the public safety building in particular the Butler evidence building complete. Do not let the dates throw you off, we all know that deviations occur whether it's rebid documents because of the budget or rain delays or just delays and approval but it's the thought logic that goes into it that's important.

City of Azusa - Master Schedule - Preliminary Master Schedule Concept Sr Center 2 3
Task Name
Azusa Sr Center Improvement
Concepts Approved
Budget Updates
21 22
4 9
20 5
6 10
7 8
19 11
13 12
14 15
16 17
18 23
24 25
Totum Proposal (CM/Design)through completion
Approval of Totum to Continue
SD's
Updated Budgets
Approvals
DD's
CD's to 80%
Updated Budgets
Plan Check / Permit Ready
CD's to 100%
FF&E Selection / Order
Bid Process
Assemble Bid Docs
Advertise
Prequal
Job Walk
Bid Period
Award and Contract
Construction
Punch / Complete / City Sign Off
FF&E / Use
Close Out
Duration
0% 386 days
100% 0 days
0% 2 wks
0% O days
0% 1 wk
0% 4wks
0% 2 wks
0% lwk
0% 5 wks
0% 9 wks
0% 2 wks
0% 8 wks
0% 4 wks
0% 4 mons
0% 73 days
0% 2 wks
0% 8 days
0% 3 wks
0% 0 days
0% 4 wks
0% 4 wks
0% 8 mons
0% 2 wks
0% 3 days
0% 0 days
29 Start
1/4/24
1/4/24
1/4/24
1/18/24
1/18/24
1/25/24
2/22/24
2/22/24
2/29/24
4/4/24
4/4/24
6/6/24
6/6/24
6/6/24
7/18/24
7/18/24
8/1/24
8/13/24
9/2/24
9/3/24
10/1/24
10/29/24
6/10/25
6/24/25
6/26/25
Finish
6/26/25
1/4/24
1/17/24
1/18/24
1/24/24
2/21/24
3/6/24
2/28/24
4/3/24
6/5/24
4/17/24
7/31/24
7/3/24
9/25/24
10/28/24
7/31/24
8/12/24
9/2/24
9/2/24
9/30/24
10/28/24
6/9/25
6/23/25
6/26/25
6/26/25
Ig1Nl°I' IFIMI^IMI�.I�.,I^I51°J"lad' 1FI'"I^l I',�'1^I212120 /18
6/26
totu m

Task Name
Placentia Public Safety
integrated
design
construction
management
sustainability
otum
Butler Shell
Butler Package Complete
Butler Pricing / Approvals
Butler Plan Check
Butler RrI
Butler Fabrication
Butler Build •' Shell Only •'
Public Sgety
Design to 5595
3 Prequaliflfa40n Package 1 Process General Contactor 1

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Notes
In Shop

NEED FAD
package=.

Derno r` 5tework, cud=_r Pad
Resource Duration Start finish Aug Sep pct riuv Dec 1 gym' Feb' 360 daps Mon 9119/22 Fri 2/2/24
150 days Mon 9119/22 Ri 4/14/23
butler 45 dais Mon 9/19/22 RI 11/15/22
CM1y 4 wks Mon 9/19/22 Fri 10/14/22
1215 3 wks Mon 11/21/22 Fri 12/9122
City 0 days Fri 12/5/22 Fri 12/9122
Butler 30 days Mon 12/12/22 Fri 1/205/23
Butler Build Vendor 6wks Mon 3/6/23 Fri 4/14/23
360 days Man 5/15/22 Fri 212121
954 2'.s'ks Mon 9/19/22 Fri 9/305,22
4 wks Mon 0/14/22 Fri 10/1./22
P requalifaabon Package 2 Process General Contactor Public Safety Building 5wks Mon 5/19/22 Fri 10/21/22 5 GCs Phase 2 prequel I5ed
1 Plan Check Package 1
5 7
a
Plan Check Package 2
0 days Mon 5119/22 Mon 9/19/22
3'.s'ks Mon 10/3/22 Fri 10/21/22
5 wks Mon 13/3/22 Fri 11/4/22
GC's Phase 1qua iFed 0daysI Fri 19/1422 Fri 10/14,22
• 0441R11 Demo,' Site 0days Fri10/21/22 Fri10/21/22
Bid Package 1/NIB/ Bid Ppm. Demo/ Site 4wks Mon 13/24/22 Fri 1.1.11512Z Pddage 2 RTl 0 days Poi 11/4/22 Fri 11/4/22
Bid Paclage2/NIB /Bid Process 6wks Mon 11/7/22 Fri12/16/22 ANan0 Pac33g0 1
N TP / Proceed Package i
Package 1 'Work
Lorna/Site 3wks Mon 11/21/22 Fri12/3/22
Deno, Sitewnrk, Butler Pad 0 days Fri 1219/22 Fri 12/9/22 Demo, Site, Pad 3 mom Mon 12/12/22 Fri 3/3/23
Award Padage 2
Consducuon work en Main Building
COLO.. 112Q59 VOCE'
3 wks Mon 12/15/22 Fri 1/f;f23
14 mons Mon 1/9/23 Fri 2/2124
0 days Afar /129/23 Marr 7123/23
Butler
30 tot m

APPENDIX B

SUMMARY SHEET
Firm Name: ° C07) ---F
Firm Parent or Ownership: S COP -49
Firm Address: 15 1 3) V- JT / RFS E3\
Firm Telephone Number:

Firm Fax Number: .?==1% 8 9'S9-0
Number of years in existence: Pr 19
Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):
s
Name: 12' N N`� � Title: 1PP' [ f
Telephone Number: --(D 351D11 1.121\ Fax: t% itfta
Email: d otni\D-k-b�Jf Cafes v 1-(-7 (� j - Cad I"1
Project Manager (Person`responsible for day-to-day servicing of the account):,n Name: 117 PrN N -# L Title: P ( C ( S-14-• C+v )
Telephone Number: 3( D15t. 0 i`k% Fax: 46(N. °CB & TI
Email: ok rv\-"1 tb+V\K) ceNs J Vci (\5• CI in
Types of services provided by the firm: PPOT / CD'N .ST9-JG' O P) 1' 2_11L+

APPENDIX C

CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA

1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), dated JANUARY 9, 2024, and to be bound by the terms and conditions of the RFP.

2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.

3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated JANUARY 9, 2024.

5. This firm has carefully read and fully understands all of the items contained in the RFP. This firm agrees to all of the requirements except for those disclosed by the firm in project proposal, listed on an attachment.

6. The proposal shall be valid for 90 days from JANUARY 9, 2024.

Name Firm:

By:

Type Name:
-ro-ru o cog -19
(Authorized Signature)
17 rv"-
Title: P1 -2 -es LP
Date: �!�—�'Z14

integrated
e s i g n
construction
management
sustainability
otum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
dannvCatotumconsultina.com
aiulio(atotumconsultina.com

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Cost Proposal
Totum Rates 2024
As a small firm, we are very hands on. Our project team shall be led by Danny Kaye, as day -do -day person. A small project can be managed differently than a large project, so we would need to assess each project's needs.

Totum bills on an hourly basis and only bill our actual time spent, not "fixed" hours per week.

We do not bill for "over time", travel time, mileage, phones, copies etc.

Reimbursables are billed as a direct cost.

Totum would discuss the individual project with your team and then propose / provide staffing and a NTE fee based on the rates below and on the staffing, we believed needed for it to be managed adequately, for your review, discussion and approvals. In this manner, there are adequate team members familiar with the project and adequate coverage.

Not all projects require a full time PM / CM. We successfully practice this approach with many clients including Cities of Placentia, Santa Monica, Huntington Beach etc.

Staff Position Effective Hourly Rate
Totum
Principal / Sr. CM / Sr.PM
Sr. CM / Sr. PM
CM/PM
Assistant PM
Project Engineer
Inspector / QA / QC
Office Clerical / Admin
Labor Compliance
Danny Kaye, CCM, PMP, FRICS, LEED AP
Principal

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$205.00
$200.00
$155.00
$130.00
$110.00
$125.00 - $150.00
$ 80.00
$125.00 - $140.00
totum

REQUEST FOR PROPOSALS (RFP)

ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR THE

CITY OF PLACENTIA

RFP RESPONSES TO BE RECEIVED UNTIL
5:00 P.M., TUESDAY JANUARY 30, 2024
Date Issued: JANUARY 9, 2024
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870

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REQUEST FOR PROPOSALS (RFP)
FOR

ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR THE

CITY OF PLACENTIA

TABLE OF CONTENTS
1 INTRODUCTION 3
2 PROPOSAL SCHEDULE 5
3 SCOPE OF WORK 5
4 ASSURANCE OF DESIGNATED PROJECT TEAM 10
5 PROPOSAL FORMAT REQUIREMENTS 11
6 REQUIRED PROPOSAL STATEMENTS 14
7 EXCEPTIONS 14
8 RESOURCE ALLOCATION AND COST PROPOSAL 14
9 SUBMITTAL INSTRUCTIONS 15
10 EVALUATION CRITERIA 17
Appendix "A" — SAMPLE CITY PROFESSIONAL SERVICES AGREEMENT Appendix "B" — SUMMARY SHEET
Appendix "C" — CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA

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1. INTRODUCTION
The City of Placentia ("City") seeks competitive proposals from qualified firms to provide On-call Construction Management and Inspection Services. A Professional Services Agreement will be entered into with multiple qualified firms to provide construction management services for a variety of projects on an on-call basis. On an on-call, as -needed basis, the selected firm(s) may later be asked to provide construction management and inspection proposals on a specific, project -by -project basis, based on an agreed-upon specific scope of services and fees.

The firm shall provide general Construction Management and Inspection services to support construction efforts and serve as an extension of City staff to assist in the overall delivery of projects, including preconstruction tasks, managing construction, and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Project Manager or their authorized representative. City staff may assist in managing construction and will oversee the work of the consultant's Project Manager, Inspector, and Contract Administrator.

Firms must provide construction management services and contract administration in conformance with the requirements set forth in the State's Construction Manual, State's Local Assistance Programs and Procedures Manual, OCFCD encroachment permit/requirements, and other Agencies regulatory permits/requirements. The construction manager is expected implement contract requirements and comply with all Federal and local guidelines, as required, in order to successfully execute the project in a timely and cost-efficient manner.

Technical questions about the requested services that might require a clarification of the Request for Proposals (RFP) shall be made only in writing to the Q&A section located in PlanetBids no fewer than seven (7) calendar days prior to the date and time set for opening of proposals and responses shall be provided in writing. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. This RFP includes a description of the scope of work, proposal requirements, and instructions for submitting your proposal.

Please do not contact City departments or other City staff directly. Information provided by other than the above contact may be invalid and proposals which are submitted in accordance with such information may be declared non-responsive.

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Any changes, additions, or deletions in the RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids. Addenda shall become part of the agreement documents.

It is the proposer's sole responsibility to monitor PlanetBids for possible addenda to this RFP. Failure of proposer to retrieve addenda from this site shall not relieve the proposer of the requirements contained therein. Additionally, failure of proposer to return signed addenda, when required, may be cause for rejection of his/her proposal.

Proposals must conform to the requirements of this RFP to be considered for award and successfully submitted through the electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by the date and time specified on the cover page of this Request For Proposal. All proposals must be signed by an authorized representative and include the completed Summary Sheet and Certification of Proposal to the City of Placentia provided in Appendix "B" and "C" of this RFP.

The City reserves the right to waive any irregularity in any proposal or to reject any proposal that does not comply with this RFP. The City alone, using criteria determined by the City, will select the qualified firm and/or consultant. The successful consultant to whom the contract is awarded shall, within ten (10) days after being notified, enter a contract with the City for the work and shall furnish all required documents necessary to enter said contract. Failure of the successful consultant to execute the contract within said ten (10) days shall be just cause for the City to contract with the next ranked consultant.

By submitting a proposal, the proposer agrees to all of the terms of the RFP and the Agreement (Appendix A), unless exceptions to the RFP or the Agreement are stated by the proposer in its proposal. The successful proposers will be required to enter into an Agreement, which will include the requirements of this RFP as well as other contract requirements. In the delivery of these services, the term of the agreement shall be for three years with the option for two additional one-year term extensions.

The City reserves the right to reject any proposal(s) exceptions or changes to the Agreement or Request for Proposal.

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2. PROPOSAL SCHEDULE
The schedule is as follows:
• Advertisement Date — JANUARY 9, 2024
• Q&A Due on PlanetBids — January 23, 2024 by 5:00 p.m. • Proposals Due on PlanetBids — JANUARY 30, 2024 by 5:00 p.m. • Hard copy proposal Due at City Hall — February 1, 2024 by 5:00 p.m. • Proposal Evaluations/Interviews, if necessary — February 2024 • City Council Contract Award and Selection* - March 2024 *The City expects, but does not guarantee, that the decision on selection of a firm will be made by the City Council on the date indicated above.

3. SCOPE OF WORK
The City desires to engage construction management firms that will ensure that not only are City capital projects built per plan and specifications but that will also ensure a high degree of quality craftmanship in the final product. The City's expectation is that selected CM/inspection teams will enforce a high attention to detail on project deliverables to ensure a high-quality finished product.

The majority of capital improvement and construction projects within the city include, but are not limited to, the following:
• Street rehabilitation
• Sewer improvements
• Signing and striping improvements
• Storm Drain improvements
• Bridge construction
• New building construction
• Irrigation and landscaping
• Site Improvements; concrete sidewalk, etc.
• Streets and park lighting
• Parks and Recreation facility improvements
• Mechanical systems
• Electrical systems
• Traffic Signal Improvements
The required services shall be performed by the consultant Project Manager, Inspector and Contract Administrator.

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A. Project Manager/Resident Engineer
• The consultant Project Manager shall represent the City in the field. The Project Manager shall possess a minimum of (5) years' experience in construction management.
• The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications or references that affirm the said experience.

B. Bid Analysis
• Prior to the start of the project, the Project Manager shall be responsible for conducting a bid analysis to determine the lowest responsible bidder.

C. Staff Report
• Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines.

D. General Construction Administration
• Coordinate with the City to define roles and responsibilities during construction and develop a construction management plan. • Co -lead the pre -construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute meeting minutes.
• Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements.
• Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction.

Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as -built records.

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• Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications and assist in achieving the resolution of problems which may arise.
• Coordinate with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team.
• Consultant shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project.

E. Submittal/RFI Review & Processing
• The Project Manager shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals").
• The consultant team shall transmit the Submittals to City staff for review and approval and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals. • Project Manager shall develop, maintain, and manage all submittal/RFI logs.
• Determine the workflow on for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team.

F. Constructability Review
• Consultant shall review project plans and specifications to determine its "constructability". Consultant shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. The project schedule shall be updated as required showing current conditions and revisions required by actual progress.
• The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Project Manager and clarified prior to construction start.

G. Change Order Review

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• Consultant shall conduct a comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution.
• Consultant shall monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component.

H. Safety
Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations.

I. Progress Payments
• Consultant shall maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
• May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. • Make recommendations for certification to the City for payment. • Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review.

J. Material Testing
• Consultant team to provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications.
• Provide inspections for installation of precast and cast in-place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents.
• Available tests may include the following:
• Mix Designs
• Concrete
• Concrete Blocks

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• Brick Masonry
• Masonry Prisms
• Mortar and Grout
• Fireproofing
• Soils and Aggregates
• Asphalt Concrete
• Reinforcing Steel
• Environmental
K. Inspections
• Consultant shall determine that the work of contractor is being performed in accordance with the contract documents.
• Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents.
• Subject to review by the City, reject work which does not conform to the requirements of contract documents.
• Facilitate and coordinate inspection by representatives of other agencies, as needed.
• Evaluate the completion of the work of the contractor and make recommendations to the City when work is ready for final inspection. • Assist the City in conducting final punchlist inspections. • Schedule and coordinate special inspection and material testing. • Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions.

L. Claims
• Claims submitted by the contractor must adhere to Public Contract Code Section 10240 and 20104.
• Consultant Project Manager shall coordinate with City consultant on claim matters.
• Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim.
• Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions.

M. Prevailing Wage / Labor Compliance
• Consultant shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis.

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• Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments.
• Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis.

N. Project Closeout
• The Project Manager shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfections to determine if it is a warranty issue.
• Shall provide a close out report outlining any obstacles, violations, and services performed. Shall provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance.

O. Community Outreach
• Consultant shall attend and co -lead a pre -construction meeting with the community. The primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts.
• Project Manager shall coordinate with the City's Communication Manager and communicate with the community regarding impacts related to the construction project.

P. Federal Requirements
• Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City.
• Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project.
• Compliance with any and all state and federal funding requirements for construction and enforce any regulations set forth by these funds.

All tasks listed above shall be required on an as -needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The

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consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.

4. ASSURANCE OF DESIGNATED PROJECT TEAM
Proposer shall ensure that the designated project team, including sub -consultants as identified in the firm's proposal, is used for this project. Departure or reassignment of, or substitution for, any member of the designated project team or sub-consultant(s) shall not be made without the prior written approval of the City.

5. PROPOSAL FORMAT REQUIREMENTS
Each response to this RFP shall include the information described in this section.

Provide the information in the specified order. Failure to include all the elements specified may be cause for rejection. Additional information may be provided but should be brief and relevant to the goals of this RFP. Excessive information will not be considered favorably.

Three physical copies of the final proposal shall be submitted to the City no later than two working days after the proposal deadline. The consultant project cost proposal shall be submitted in a separate sealed envelope marked "Cost Proposal." Proposer's who do not include physical copies within the specified timeframe will be considered unresponsive and disqualified.

All proposals must be signed by an authorized representative and include the completed Summary Sheet and Certification of Proposal to the City of Placentia provided in Appendix "B" and "C" of this RFP.

Proposals shall be limited to a maximum of 30 pages. Proposals over 30 pages will be rejected. Paper size shall be 8.5"x11" and occasional 11"x17" sheets are acceptable for exhibits and graphics. The cover letter, table of contents, front and back covers, summary sheet, certification of proposal and section dividers are excluded from the page count. The proposal should include the following sections in order:

A. Cover Letter
Shall contain the following information:
• Title of this RFP
• Name and mailing address of the prime consultant (include physical location if mailing address is a PO Box)

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• Contact Person, Email address, telephone number, and fax number The City will use email to notify your firm of critical developments such as interview schedules if any, notification of selection/non-selection, etc. Therefore, it is essential that you identify one or more contact persons who have frequent access to email.

The City will not be responsible for delivery failure of email due to firewalls, spam filters, or individuals' failure to retrieve email messages. The City will not attempt to re -deliver any messages which fail due to no fault of the City.

The Cover Letter must be signed by an officer empowered by the Consultant to sign such material and thereby commit the Consultant to the obligations contained in the RFP response. Further, the signing and submission of a response shall indicate the intention of the proposer to adhere to the provisions described in this RFP and a commitment to enter into a binding contract.

1. Proposals submitted on behalf of a Partnership shall be signed in the firm name by a partner or the Attorney -In -Fact. If signed by the Attorney -In -Fact, there shall be attached to the proposal a Power -Of- Attorney evidencing authority to sign proposals, dated the same date as the proposal and executed by all partners of the firm.

2. Proposals which are submitted on behalf of a Corporation shall have the correct corporate name thereon and the actual signature of the authorized officer of the corporation written (not typed) below the corporate name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer.

3. Proposals which are submitted by an Individual doing business under a firm name ("dba") shall be signed in the name of the individual doing business under the proper firm's name and style.

B. Executive Summary
Describe your firm's and sub -consultant's (if any) general experience and qualifications as it pertains to projects of similar scope and size. Identify the services which would be completed by your firm's staff and those that would be provided by sub- consultants. Identify any sub -consultants you propose to utilize to supplement your firm's staff.

C. Project Team Organization

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Clearly identify the prime consultant, all subconsultants, and their respective roles.

Show the Project Manager and the key staff proposed for this project, including subconsultants' staff. It is expected that the project team proposed under this proposal will remain unchanged throughout the duration of the project. Replacement of key staff without consultation with the City will not be permitted.

Include contact information and a brief summary of the Prime firm's history and experience providing the requested services on similarly sized and scoped projects.

Include a summary of the firm's experience, if any, with the City of Placentia. Provide a brief resume for each key staff member including their education background, licensing (if applicable), availability, and project experience.

D. Relevant Project Experience and References
List and provide a narrative summary of related project experiences Include a minimum of three (3) similar type/size projects that your team has completed.

Provide a project description, services provided, and construction costs. Discuss whether the design and construction were completed on time and within budget.

Provide a minimum of three (3) references (name, title, agency, and telephone number) from previous experience. Provide no more than one contact person per project as a reference, including agency/company and phone number. Preference is given to project references that have directly worked with staff proposed for this project.

E. Understanding & Approach
Provide a detailed discussion of your firm's approach to the successful implementation of this agreement. Describe your firm/team's understanding duties assigned and identify the approach for key services and/or issues anticipated.

Describe the Project Manager's and firm/team support and approach to ensure the effort is completed on schedule and within the established budget.

F. Scope of Work
Provide a scope of work complementing the City's proposed scope of work describing all tasks required to complete the work and any additional aspects to the work scope the City should and could consider. The scope of work shall provide enough detail to distinguish the varied work effort required, in keeping with the City's desired tasks to be completed.

G. Schedule
Provide a typical schedule or sequence of events to accomplish all the required tasks; include review/approval times for the City and other project stakeholders.

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H. Proposed Exceptions
Describe all proposed exceptions, alterations or amendments to the Scope of Services or other requirements of this RFP, including the Sample Contract (Appendix " A"). This section shall be clearly marked "Proposed Exceptions" in your submittal. If no exceptions are taken this shall be clearly stated in this section. The nature and scope of your proposed exceptions may affect the evaluation of your submittal and the City's determination of whether it is possible to successfully negotiate a contract with your firm/individual.

It is necessary to submit these elements with your RFP response. Failure to submit the required information with your response will render your proposal non- responsive.

6. REQUIRED PROPOSAL STATEMENTS
This statements identified below must be included in your RFP response:

A. A statement that the submitting firm will perform the services and adhere to the requirements described in this RFP, including any addenda (reference the addenda by date and/or number).

B. Subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act.

C. Proposers shall include a statement that describes the specific portion(s) of their submittal that are considered proprietary and should not be releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge.

D. Include a statement of assurance that you will not substitute members of your designated team without approval by the City of Placentia staff which declares there is no Conflict of Interest.

E. Include a statement which declares there is no Conflict of Interests.

F. Provide a statement attesting there has been no Collusion with other proposing firms.

G. Indicate your ability and agreement to fulfill the indemnification and insurance requirements contained in the sample contract. (Please note that actual Certificates of Insurance are not required as part of your submittal.)

7. EXCEPTIONS

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8. RESOURCE ALLOCATION AND COST PROPOSAL
Selection of the consultant will be made in accordance with the provisions of Chapter 10 of the California Government Code, Sections 4526 and 4529.5, stating that selection of professional services is based on competence and qualifications without regard to fee. The fee will be opened and evaluated to ensure the fee is reasonable for the services to be delivered after selection of the consultant based on qualifications is complete. Provide in a separate sealed envelope the proposed billing rates for all expected personnel to deliver services as described in the scope of work.

All cost proposals shall be signed and dated per Section 5.0 above and shall be submitted in a separate sealed envelope.

9. SUBMITTAL INSTRUCTIONS
A. Time, Place and Format
Proposal submission due date: JANUARY 30, 2024 at 5:00 P.M: No proposals will be considered for award unless properly and successfully submitted through the electronic bid management system at:
https://pbsystem.planetbids.com/porta1/54600/portal-home by the date and time specified on the cover page of this Request For Proposal. All proposals must be signed by an authorized representative.

All required sections, including pricing, shall be submitted via the website. Bidder is solely responsible for "on time" submission of their electronic proposal. The bid management system will not accept late bids and no exceptions shall be made. Bidders will receive an e -bid confirmation number with a time stamp from PlanetBids, the bid management system indicating their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

DO NOT FAX OR E-MAIL.

NOTE: E-Bids/Proposals are sealed and cannot be viewed by the City or any other person or entity until the closing date and time. If you need to withdraw your bid, you may do so at any time before the bid deadline, by going back into the system and selecting "withdraw".

Three physical copies of the final proposal shall be submitted to the City no later than two working days after the proposal deadline. The

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consultant project cost proposal shall be submitted in a separate sealed envelope marked "Cost Proposal." Proposer's who do not include physical copies within the specified timeframe will be considered unresponsive and disqualified.

All proposals must be signed by an authorized representative and include the completed Summary Sheet and Certification of Proposal to the City of Placentia provided in Appendix "B" and "C" of this RFP.

Proposals must:
• Show page numbers for all pages in the proposal.
• Be on 8-1/2"x11" page size
• states "On -Call Construction Management and
Inspection Services"
• identifies the proposer
• Must be addressed as follows:

City of Placentia
Attn: Chris Tanio, PE, Deputy Director/City Engineer
401 E. Chapman Avenue
Placentia, CA 92870
• Proposals must address the requirements of the RFP as set forth in Section 5. They should be as concise as possible and must not contain any promotional, advertising or display material.

B. Cost proposal Submittal
A detailed hourly rate schedule shall be required for this RFP. If subcontracting, the rate structure for those services shall be included.

On-call contracts resulting from this RFP will be awarded to firms whose Technical Proposal meets the technical requirements of the RFP.

Proposals will be ranked in accordance with the evaluation criteria stated in this RFP. Should the consultants selected for each task or project be not able to reach an agreement on the fees for design services, the City reserves the right to enter negotiations with any of the qualified consultant on the on-call list.

C. Opening of Responses
All proposals are scheduled to be opened and considered within two weeks after the deadline date shown in Section 2 using evaluation procedures set forth in Section 10. Consultant selection may be delayed or postponed at the discretion of the City.

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10. EVALUATION CRITERIA
A. Selection Committee
a. Proposals submitted will be evaluated by a Selection Committee B. Review of Proposals
a. The Selection Committee will use a point formula during the review process to individually score Project Proposals, as outlined in Section C below, "Project Proposal Evaluation Criteria." The Selection Committee will then be convened to review and discuss these evaluations and combine the individual scores to arrive at an average composite Project Proposal score for each firm. Firms that do not meet "Mandatory Elements" listed in Section 01 below will be eliminated from further consideration.
b. After the composite Project Proposal score for each firm has been established based upon the "Qualitative Evaluation" criteria listed in Section C, the Selection Committee may request oral presentations from a subset of those firms with a minimum score of 70 points. Based upon score rankings, the three (3) highest ranking firms may be interviewed.

The Selection Committee may also schedule a site visit, if applicable. c. The Cost Proposal of firms receiving a minimum score of 70 points on the qualitative review will be opened to ensure that the Cost Proposal is reasonable. The cost proposal for these services should consist of hourly rate for all classifications assigned to this project.

C. Project Proposal Evaluation Criteria
Proposals will be evaluated using three (3) sets of criteria. Firms meeting the mandatory elements will have their proposals evaluated and scored. The following represent the principal selection criteria which will be considered during the evaluation process.
a. Mandatory Elements
i. The firm is independent and properly licensed to practice in California.
ii. The firm has no conflict of interest with regard to any other work performed by the firm for the City.
iii. The firm adheres to the instructions in this RFQ on preparing and submitting the proposal.
iv. The firm included a Letter of Transmittal in the Project Proposal. b. Qualitative Evaluation (Maximum Points = 100)
In order to be considered the proposer must achieve at least 70 points. (Points will be assigned by the Department Director or Coordinator.) i. Expertise and Experience (60 points)

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1. The quality of the firm's and individual personnel's experience in providing professional design and
engineering services for City Capital Improvement Projects as described in the Scope of Services. The quality of the personnel's demonstrated expertise in producing detailed plans and related engineering services.

2. The quality of professional personnel's education,
certifications, licenses, and years of experience designing plans and providing construction support. Demonstrated
commitment to high quality customer service and public
relations.

3. Public agency references relative to personnel assigned to this contract; Long-term working relationships, multiple projects delivered for same agencies.

4. Firm's statement on why it believes itself to be best qualified.
ii. Scope of Work (20 points)

1. Contract scope of work outlined in Section 3 of the RFP is addressed, and the proposal demonstrates that the
proposer thoroughly understands the City's needs and
expectations, and how those will be met.

2. Inclusion of additional work scope/deliverables that complements and enhances the City's scope of work which will ultimately deliver better services and construction projects.
iii. Allocation of Resources (20 points)

1. Conceptual plan that outlines how the firm's resources will be leveraged to deliver Construction Management and
Inspection Services that ultimately result in better projects.

2. Identify any distinguishing features, resources, skills and/or services your firm can allocate to this contract to deliver the City's capital improvement projects.

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LEGAL REQUIREMENTS
The contract awarded shall be governed in all respect by the laws of the State of California, and any litigation with respect thereto shall be brought in the courts of the State of California.

The firm awarded the contract shall comply with applicable Federal, state and local laws and regulations and comply with the following terms:
• The City has the right to reject any and all proposals . • All documents submitted in response to the RFP are public documents subject to disclosure as permitted by the California Public Records Act. • The City is not liable for any costs incurred in responding to the RFP. • From the issue date of this RFP until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City staff except through the person named herein for questions. For violation of this provision, the City shall reserve the right to reject the proposal of the offending firm. • The selected firm will be required to enter into a Professional Services Agreement with the City of Placentia which includes the City's Standard Terms and Conditions including insurance requirements.
• Proposals submitted early may be withdrawn by the firm prior to the Proposal due date specified above. Following the Proposal due date, the Proposal constitutes a binding offer and may not be withdrawn by the firm prior to the award. • The City of Placentia reserves the right to: (a) waive minor irregularities or variances, non -material bid informalities or defects in any proposal; (b) reject any and all proposals, in whole or in part, submitted in response to this solicitation; (c) request clarifications from all firms; (d) request resubmissions from all firms; (e) make partial, progressive or multiple awards; and (f) take any other action as permitted by law and /or the City's Procurement Ordinance.

APPENDIX "A" — PROFESSIONAL SERVICES AGREEMENT (SAMPLE)

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
THIS AGREEMENT is made and entered into this _ day of , 20_ ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and , a [state] [type of corporation] ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to landscape architecture and accessibility design services, as more fully described herein; and
B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; including credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and E. WHEREAS, among other reasons, the City is hiring Consultant to perform accessibility design services at a public park within the City to comply with all applicable accessibility requirements.

Accordingly, Consultant desires to perform these services and to bear all risk the City may bear resulting from accessibility designs that are not complaint.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference, including but not limited to, preparing all design documents free from defects.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices, and with credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its

service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. Consultant also warrants that it has ownership of all intellectual property being provided under this Agreement.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non- discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All

insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City.

Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Dollars ($ .00).

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of months, ending on , 20_, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination.

Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished

design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.

Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant

shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below.
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased.

In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.

5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held

responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: Tel:

Fax: Fax:

Attn: Attn:

6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of

the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or -whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits

on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement 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.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.

6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be

required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of

which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF PLACENTIA,
A municipal corporation
City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia

CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO INSURANCE:

Date:

Date:

Date:

Date:

Risk Management
APPROVED AS TO CONTENT:

Date:

Project Manager

DEPARTMENTAL APPROVAL
Date:

Name, Title

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK

EXHIBIT B

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

APPENDIX B

SUMMARY SHEET
Firm Name:

Firm Parent or Ownership:

Firm Address:

Firm Telephone Number:

Firm Fax Number:

Number of years in existence:

Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):

Name: Title:

Telephone Number: Fax:

Email:

Project Manager (Person responsible for day-to-day servicing of the account):

Name: Title:

Telephone Number: Fax:

Email:

Types of services provided by the firm:

APPENDIX C

CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA

1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), dated JANUARY 9, 2024, and to be bound by the terms and conditions of the RFP.

2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.

3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated JANUARY 9, 2024.

5. This firm has carefully read and fully understands all of the items contained in the RFP. This firm agrees to all of the requirements except for those disclosed by the firm in project proposal, listed on an attachment.

6. The proposal shall be valid for 90 days from JANUARY 9, 2024.

Name of Firm:

By:
(Authorized Signature)
Type Name:

Title:

Date:

EXHIBIT B

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
Totum Corp.

ACOREP

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
2/21/2024
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
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549

INSURED
Totum Corporation
310 351-0138
15130 Ventura Blvd., Unit Suite A
Sherman Oaks CA 91403

COVERAGES
License#: 6003745
TOTUCOR-01

CONTACT
NAME: Marie Swaney
FAX
(PHONE
IC Nr o. Ext: 626-696-1890 (A/C, No):

E-MAIL
ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
INSURER A: Travelers Property Casualty Company of America INSURER B : Aspen American Insurance Company
INSURER C : The Travelers Indemnity Company of Connecticut INSURER D :

INSURER E :

I INSURER F :

CERTIFICATE NUMBER: 446657808 REVISION NUMBER:

NAIC #
25674
43460
25682

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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS

LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)
C )( COMMERCIAL GENERAL LIABILITY Y Y 6801J745121

CLAIMS -MADE
X Contractual Liab
Included
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY X PRO-

JECT X LOC
OTHER:

C AUTOMOBILE LIABILITY
X

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

UMBRELLA LIAB

EXCESS LIAB
■

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
OCCUR

CLAIMS -MADE
DED RETENT ON $

A WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
B Professional Liability
Y/N
6/5/2023 6/5/2024
Y Y BA8R387030 6/5/2023 6/5/2024
NIA
Y UB3J306445
AAAE10078804
6/5/2023 6/5/2024
6/5/2023 6/5/2024

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)
$ 2,000,000
$ 1,000,000
$ 10,000
$ 2,000,000
$ 4,000,000
$ 4,000,000
$ 1,000,000
EACH OCCURRENCE $
AGGREGATE $
)( PER OTH-

STATUTE ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
Per Claim $2,000,000
Aggregate Limit $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies.

Re: On -Call Construction Management and Inspection Services.

City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s).

CERTIFICATE HOLDER
City of Placentia
401 E. Chapman Ave.

Placentia CA 92870
CANCELLATION 30 Day Notice will be sent to holder

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
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

Policy # 6801J745121

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurers
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non -Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and non-
contributory basis, this insurance is primary to
other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:

Page 16 of 21 ends

a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
>7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V — DEFINITIONS

1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.
© 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy # 6801J745121
occupational therapist or occupational
therapy assistant, physical therapist or
speech-language pathologist; or
(b) First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION III — LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".

4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I —
COVERAGES — COVERAGE A — BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.

5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-
ray or nursing service or treatment,
advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.

6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,
CGD3790219

COMMERCIAL GENERAL LIABILITY
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section 11 —
Who Is An Insured.

K. MEDICAL PAYMENTS — INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III — LIMITS OF INSURANCE:

7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of "bodily injury" sustained by any
one person, and will be the higher of:
a. $10,000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Li mit.

L. AMENDMENT OF EXCESS INSURANCE
CONDITION — PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.

M. BLANKET WAIVER OF SUBROGATION —

WHEN REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:

If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.
© 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

POLICY NUMBER : 680 - 1J745121

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Names of Additional Insured Person(s) or Organization(s):

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.

Location of Covered Operations:

Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:

CG D3 61 03 05
This insurance does not apply to "bodily injury" or
"property damage" occurring, or "personal injury"
or "advertising injury" arising out of an offense
committed, after:

1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, mainte-
nance or repairs) to be performed by or on
behalf of the additional insured(s) at the loca-
tion of the covered operations has been com-
pleted; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization
other than another contractor or subcontrac-
tor engaged in performing operations for a
principal as a part of the same project.

Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved.

CG T8 01 06 231ncludes copyrighted material of Insurance Services Office, Inc. with its permission.

DATE OF ISSUE: 04/21/2023 Page 1 of 1

POLICY NUMBER : 680 - 1J745121 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products -completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs.

Location And Description Of Completed Operations
Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the CG 20 37 07 04
CG T8 02 06 23
location designated and described in the schedule of
this endorsement performed for that additional in-
sured and included in the "products -completed opera-
tions hazard".
© ISO Properties, Inc., 2004
DATE OF ISSUE: 04/21/2023 Page 1 of 1

TRAVELERS J

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) —
POLICY NUMBER: UB3J306445

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be % of the California workers' compensation pre- mium.

Schedule
Person or Organization Job Description
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
Travelers Property Casualty Company of America
DATE OF ISSUE: 2/21/2024 Page 1 of 1

Policy # BA8R387030

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of
Rights Of Recovery Against Others To Us, of the
CONDITIONS Section:

5. Transfer Of Rights Of Recovery Against Oth-
ers To Us
We waive any right of recovery we may have
against any person or organization to the extent
CA T3 40 02 15
required of you by a written contract executed
prior to any "accident" or "loss", provided that the
"accident" or "loss" arises out of the operations
contemplated by such contract. The waiver ap-
plies only to the person or organization desig-
nated in such contract.
© 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy: BA8R387030

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following is added to Paragraph c. in A.1., Who
Is An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE in the BUSINESS AUTO
COVERAGE FORM and Paragraph e. in A.1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE in the MOTOR CARRIER
COVERAGE FORM, whichever Coverage Form is
part of your policy:

This includes any person or organization who you are
required under a written contract or agreement
CA T4 37 02 16
between you and that person or organization, that is
signed by you before the "bodily injury" or "property
damage" occurs and that is in effect during the policy
period, to name as an additional insured for Covered
Autos Liability Coverage, but only for damages to
which this insurance applies and only to the extent of
that person's or organization's liability for the conduct of another "insured".
© 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

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