REQUEST FOR PROPOSAL (RFP) FOR CONSTRUCTION MANAGEMENT SERVICES FOR SIGNAL HILL LIBRARY CONSTRUCTION, 1770 E. HILL STREET, SIGNAL HILL, CA 90755

Transcription

1 Attachment A REQUEST FOR PROPOSAL (RFP) FOR CONSTRUCTION MANAGEMENT SERVICES FOR SIGNAL HILL LIBRARY CONSTRUCTION, 1770 E. HILL STREET, SIGNAL HILL, CA Proposals Due: September 19, 2016, 4:00 PM

2 Table of Contents I. INTRODUCTION II. III. PROJECT DESCRIPTION SCOPE OF SERVICES IV. PRE-PROPOSAL CONFERENCE V. PROJECT SCHEDULE VI. SUBMITTAL REQUIREMENTS A. Acceptance of Submittals B. Information to be Submitted VII. INTERVIEW VIII. SELECTION PROCESS IX. GENERAL CONDITIONS A. Signature B. Other Considerations C. Business License Required D. Prevailing Wage ATTACHMENTS i

3 REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE SIGNAL HILL LIBRARY CONSTRUCTION PROJECT, NO.119 LOCATED AT 1770 E. HILL STREET, SIGNAL HILL, CA I. INTRODUCTION The is requesting proposals from qualified and professional Construction Management firms, teams, and individuals with experience in construction management of capital improvement projects, preferably but not required, for public sector agencies for the construction of the new Signal Hill Library, located at 1770 E. Hill Street. The qualified firm, team or individual shall provide consulting services on an as needed basis for the construction of the Library and adjacent street improvement during the term of the contract. It is the City s intent to select one Construction Management Consultant for this project. The Construction Manager (CM) will support the City, represent its interests, and lead the everyday construction management and contract administration efforts related to the construction of the Signal Hill Library. This Request for Proposals (RFP) describes the project, the required scope of services, the minimum information that shall be included in the Proposal, and the selection process. Failure to submit the Proposal in accordance with the procedures outlined may be caused for disqualification. II. PROJECT DESCRIPTION By January 2017, the City is expecting to commence construction of a new 20,000 square-foot Library facility to replace the existing Library located at 1770 E. Hill Street. Substantial completion is expected by March 2018, over an anticipated 13 month construction process. The architectural firm of Robert Coffee and Associates prepared the construction drawings and specifications and will serve as project architect during the construction process. The construction bid is expected to be awarded by December Page 1 of 17

4 III. SCOPE OF SERVICES Construction Costs for the new Library is estimated at approximately $7.7 million. The preliminary scope of service below is the minimum scope of services intended to be performed by the Construction Management Consultant (CM). Each proposer should elaborate on scope items to further define the scope, and to demonstrate the proposer s understanding and experience in the performance of similar services. The CM will serve as the City s representative and liaison with the City Project Manager and Project Management Team that may include the Director of Public Works, City Manager, City Attorney, City Engineer, and project architect. The CM will also be the City s representative to administer the construction contract during the construction of the project. The scope of work for the Construction Management Services includes the following essential tasks: A. Construction Phase Services As directed by the City, the CM will manage and oversee the City s Contractor(s), coordinate with the City s consultants, utility companies and other jurisdictional agencies as necessary and required to ensure projects constructed for the City are of high quality and integrity, and such projects move forward in a timely and fiscally prudent manner, and will provide support throughout the project s construction phase. 3.1 Basic Services Construction management is the discipline of planning, organizing, securing and managing resources to achieve specific goals as defined by the project specifications. The primary responsibility of the Construction Manager (CM) is to achieve all of the project goals and objectives while honoring the project s constraints. Primary constraints for a project can be identified as scope, time, and budget. The following services will be required of a qualified, professional CM on an as needed basis for assigned projects: Represent the City and its interests in all negotiations, meetings, community outreach and related activities during all phases of the project Monitor project performance and coordinate project meetings with City staff and consultant design team to ensure compliance with the City s design and construction standards, project schedules and project budgets Prepare project schedules in Primavera P6 Format and track all schedule deviations Identify, prepare, recommend and monitor any required changes to contract(s). Page 2 of 17

5 3.1.5 Manage issues related to the project including insurance, bonds, certified payroll, pay application, retainage, warranty, and grant accounting, and provide other situational resolutions as they may occur Maintain orderly and comprehensive records, documentation, design data, drawings, correspondence, etc. pertaining to project Ensure project accounting and reporting procedures can support informational needs as requested by the City Departments Upon project completion, ensure all close-out procedures, reporting requirements, and records keeping are promptly met Other duties as necessary and assigned Project Control System The CM shall set up, host, backup, and maintain the project control systems for tracking and reporting project progress. The hosted system should include enough licenses to allow efficient access for members of the CM, design team, the City s Project Manager (PM) and contractor s staff. The CM should assume ten (10) licenses for this purpose. This preferred project control system shall include Primavera P6 V8.2 or later and Oracle Contract Manager for documenting, tracking and reporting on budgets, schedules, correspondence, permits, review comments, meeting minutes, consultant and contractor invoices, Requests for Information (RFI), change orders, submittals and daily inspection reports. This system shall also be utilized to track progress through all phases of construction. The CM should have experience using the specified project control systems. The CM may propose the hosting and use of another project control system, but shall be prepared to demonstrate the systems capabilities, ease of use and successful use on similar projects. The approval of the proposed project controls systems will at the sole discretion of the City. Every piece of correspondence produced during the construction phase of the project shall be stamped with a unique identification number, scanned, logged and electronically linked to a database record for easy retrieval and distribution. The City will consider an entirely paperless system if proposed, discussed and approved in advance of the start of construction Establish a Submittals List The CM shall review and develop a log of all required submittals. Numbers will be assigned to each submittal as well as an estimate of long lead items. The submittals list will be given to the contractor during the Pre-construction Meeting for use during the Construction Phase. Required submittals will be tracked and logged on a regular basis in Oracle Contract Manager. Page 3 of 17

6 Jurisdictional Project Coordination The CM will report directly to the City s Project Manager on all project activities and coordinate with the appropriate jurisdictional agencies including other City departments, outside agencies, utility companies and others as follows: City Attorney's Office (as requested) o Miscellaneous legal matters City Council s Office (as requested) o Presentations as directed by City Staff o Provide information and respond to citizen and business concerns brought directly to the attention of the Project Manager or City Council (if needed) Financial Management o Ensure timely processing of consultant and contractor invoices o Ensure timely processing of City invoices for reimbursement by any outside funding agencies Fire Department o Coordinate the relocation of fire lines, hydrants, emergency access, etc. in compliance with local officials o Obtain Fire Dept. approval of all deferred design plans and specifications (if required) Gas & Oil Department o Coordinate relocation of existing gas lines and new service requirements (if needed). o Obtain Gas & Oil Dept. approval of all design plans and specifications (if required) Police Department o Review security and emergency access issues o Coordinate road closures and communicate timelines and impacts to all emergency services Department of Public Works o Obtain all traffic, engineering, surveying and inspection project design criteria from the appropriate sources and distribute to the design team o Obtain approval of all plans and specifications from traffic, engineering, surveying and inspection Planning & Building Department o Assist the contractor with pulling permits Page 4 of 17

7 o Coordinate scheduling of Building Dept. Inspectors when required o Document inspection visits and inspection results o Keep copies of signed cards until all inspections are complete o Assist the Contractor with application for Certificate of Occupancy Library Department o Closely coordinate all aspects of the design with assigned Library staff to ensure the design meets the intended needs o Conduct coordination meeting with Library staff and the Contractor related to taking beneficial occupancy after substantial completion o Assist Library staff with the coordination of move-in activities if required Water & Sewer o Coordinate the relocation/termination/abandonment of existing water and wastewater services and assist in determining new service requirements, if any o Obtain approval on all plans and specifications for new services if required o Assist the Contractor in the procurement of utility excavation permits through the Public Works Department if necessary Power o Assist the Contractor with SCE coordination for the installation of duct banks, pulling cable, making terminations, testing, energizing, and removal of existing overhead poles and easements Cable TV o Coordinate with the local cable company and Contractor in the construction of fiber optic or cable services around the site if required o Assist Cable TV in the procurement of utility excavation permits through the Public Works Department Phone o Coordinate with the local phone company and Contractor in the construction of telephone services o Assist the phone company in the procurement of utility excavation permits through the Public Works Department Citizen Committees (as required) o Attend regular meetings for review and comment when necessary o Assist the citizen committees when necessary Page 5 of 17

8 Review Project Schedules The CM shall be extremely experienced in the use and review of cost loaded and resource loaded Critical Path Method (CPM) schedules. The CM will evaluate the Contractor's project schedule for the following: Accurate start dates, completion dates, other dates detailed in the contract Proper cost loading and resource loading if required Sufficient detail Sequence of construction Potential impacts to other City operations and public Review of logic and sequence of construction Review of time impact analysis Review Schedule of Values and Costs Submitted by the General Contractor - Review schedule of values and check for the following: Unbalanced items Ensure that all items are quantifiable and can be verified for progress payment and auditing purposes Clarify work included in each scheduled item Ensure the General Contractor Has a Clear Understanding of Project Requirements - Review in detail with the General Contractor s project manager the following: Contractual, physical and operational constraints Critical milestones and Initial 4 week look ahead schedules RFI, RFQ and Submittal Procedures Required documentation Progress payment procedures Permit requirements City operational procedures, security and priorities Pre-Construction Meeting - The CM will schedule and conduct a Pre- Construction meeting with the Contractor. The City and Architectural/Engineering (A/E) team will be invited to participate in the meeting. In the meeting all contract General Conditions and other contract requirements will be reviewed. At the meeting the Schedule of Values, Initial Baseline Schedule and other critical submittals will be due Coordinate and Establish CM Facilities On Site - Discuss with the City and operational staff areas that would least impact existing City and tenant operations (if any) and provide the best vantage point for management of the project. Discuss with the Contractor contractual requirement concerning field facilities and coordinate delivery of such items. Once in place, the CM and Inspection staff will mobilize on site and commence Construction Management tasks in the scope of work. Page 6 of 17

9 Assist Contractor in Establishing Facilities On-Site - Meet with the Contractor before mobilization to determine the best location for field facilities. Coordinate a suitable location with approval from the City staff Schedule and Conduct Field Meetings - The following meetings will be held on site: Monthly Progress Meetings with the City and Quality Assurance (QA) inspection staff to discuss all data included in the monthly progress reports. Discussions will focus on the following items: o Progress during the period o Major decisions made o Planned vs. actual schedule o Upcoming work schedule o Current or unresolved problems o Anticipated or pending change orders o Impacts of problems or change orders on schedule & budget o Discussion of new goals o Planned vs. actual budget analysis Weekly Progress Meetings will be mandatory for the A/E firm general contractor and inspection staff. These meetings will be optional or on an as needed basis for involved agencies, local businesses and residents. All parties are always invited to attend. Meeting minutes are distributed to all team members whether in attendance or not. Discussions will focus on the following items: o Comments on last meetings minutes o Contractor presents a detailed 4 week schedule o Progress during the last week o Major decisions made since last meeting o Update of unresolved items from previous meetings o Status of submittals o Review Contractor s Statement of Work (SOW) Special meetings will be scheduled on an as needed basis to discuss issues that become urgent or which require detailed discussion or review of plans and specifications. If issues are not urgent these meetings are usually scheduled right after the weekly meeting to reduce the number of trips to the site for team members Review Contractor Submittals - Based on the approved submittal log the CM will review all contractor submittals for completeness and conformance with the specifications. Submittals requiring the approval of the City or Architect will be forwarded for review and approval. Review of typical contractor submittals will include but not be limited to: Material certifications Phasing plans Page 7 of 17

10 Equipment and material shop drawings Material substitution requests Verify and Process Contractor s Monthly Payment Requests - Upon submittal of the Contractor s monthly invoice, the CM will verify work performed during that period and compare it against the approved schedule of values and Critical Path Method (CPM) schedule. The CM will resolve discrepancies with the Contractor and once verified and agreed upon will process the payment application through the City process Issue Written Field Orders - In specific instances when field conditions are identified that indicate a need for the Contractor to vary from the plans and specifications, the CM shall perform a field investigation of the issues and identify solutions. The CM shall then contact the City s PM and discuss the situation and make recommendations. Upon direction from the City s PM, the CM will issue written field orders to the Contractor outlining what changes to make and outline how those changes will be paid for. The CM will then follow up this procedure by processing a formal change order for approval Process and Track Change Orders - In conjunction with and approval of the City s PM, the CM will process all change orders through the City s approved process. Prior to the submittal of a change order request the CM will: Review the Contractor s request by verifying that the plans and specifications did not include this work in the original scope of work Review the Contractor s cost estimate and perform an independent cost estimate for the changed work Evaluate any claimed impact to the project schedule and budget Negotiate and/or clarify scope and price quotes Discuss all findings with the City s PM and make recommendations Process all appropriate change order paper work through the City s process Coordination with Others - The CM shall coordinate the Contractor s activities with local utility companies and other City consultants and contractors as necessary to complete all work. The CM will conduct special meetings when necessary to ensure that the contractor and utilities and other companies understand each party s scope of work and schedule. The CM shall coordinate and resolve any conflicts Initiate and Maintain Photo Documentation Procedures - Photo documentation is very important to record progress on site. Photo documentation will be done regularly from agreed upon vantage points throughout the project site to establish a progress history. The CM will issued digital cameras to field staff in order to take photographs on an as needed basis to document daily activities, deficiencies, irregularities and as-built conditions. All digital photographs shall Page 8 of 17

11 Page 9 of 17 be logged and placed in an electronic photo album software package to be approved by the City Initiate and Maintain All Tracking Control Procedures - All tracking control and documentation procedures above will be initiated and maintained. Before implementation each procedure will be presented and reviewed by the City and modified to fit City criteria, if required Initiate and Maintain All Reporting Procedures - Prepare Monthly Progress Reports to be submitted to the City, and other agencies as required, at the beginning of each month. Data to be included in the report is as follows: Report of significant events and accomplished goals Description of progress with photos to enhance the descriptions A comparison of Actual vs. Planned Progress, in narrative form as well as bar graph form The latest detailed 4 Week Look Ahead Schedule submitted by the Contractor and reviewed by the CM Identification and discussion of current problems or pending change orders and actions taken or planned to resolve such issues An analysis of change order impacts or potential problems on schedule and budget A discussion of new short and long term goals for the project A comparison of Actual vs. Planned budget expenditures Change order status log Report of progress payments made to date and invoices in process Labor Compliance Reports for all Contractor and Subcontractor employees (if required) A QA/QC (Quality Control) section prepared by the Inspection Team addressing testing and regulatory compliance issues Coordinate QA/QC and Inspection Activities The CM will provide a full-time lead inspector who will report to both the CM and the City s Building Official. The City will also contract separately with a materials testing and inspection company to provide special inspections and all required materials testing. The CM shall coordinate the activities of the City s lead inspector and materials testing and inspection company. The Contractor s activities, material deliveries, equipment and work force will be tracked on a daily basis and reviewed for compliance with the approved plans and specifications. The CM will coordinate and set up meetings or other activities as necessary to make sure that QA/QC procedures are followed and deficiencies are resolved in a timely and efficient manner. The CM will coordinate the scheduling of Building Department Inspectors and track visits, approvals and deficiencies from the start of construction through issuance of the Certificate of Occupancy. The full-time Lead Inspector will be responsible for performing the following tasks as needed to successfully inspect the Library project.

12 Work a full-time schedule to successfully inspect project in progress Coordinate with sub-consultant materials testing and inspection firms as necessary Coordinate with client staff as necessary Utilize the specified document control system as necessary to properly document the project inspection activities Assist the CM with the review of contractor change order requests as necessary Assist the CM with the review of RFI s as necessary Assist the CM with the review of submittals as necessary Stay abreast of all changes related to current building codes and other jurisdictional regulations pertaining to the project Coordinate with private and public utility company inspectors as necessary to successfully complete projects Coordinate as necessary with local agency building departments to successfully complete projects Input, review and update project as-built drawings as necessary to document all changes and deviations from the original bid documents Write, review and log daily inspection reports as necessary utilizing the inspection template forms on the ipad Input, review and update drawing logs as necessary Create sketches and drawings as necessary for project purposes Attend project coordination meetings as necessary Assist the CM with writing, reviewing, issuing and tracking project Non-Compliance Notices as necessary Write, review and update project notes as necessary Write, review and issue project notices as necessary Assist the CM with reviewing the quantity of work completed and reviewing progress payment requisitions as necessary Write, review and update project punch lists as necessary Document and maintain telephone records as necessary Report project issues to senior staff on a regular basis Review As-built Plans and Prepare As-built Reports - The CM will always be aware of and document changed field conditions. The CM will not rely on the Contractor to document as-built conditions. Changes in field conditions will be reported and photographed as they occur by the Inspection Team. The CM will also keep a copy of the construction documents in his office specifically for documenting these as-built conditions. The CM will review the Contractor's submittal of as-built conditions and compare this submittal to his own documentation. Discrepancies will be discussed, resolved and recorded Final Acceptance of Work - Upon substantial completion of the work, the CM will initiate the following procedures to assist the City and Architect to accept all work: Development of the Initial Punch List Continuous inspection of the punch list work until all items are completed Page 10 of 17

13 Page 11 of 17 Arrangement of final inspection by the City, other jurisdictional agencies and the Architect Development of a Final Punch List if necessary Documentation of acceptance of work by the City Close-Out When the contract is nearing completion the CM will initiate Close- Out Procedures. These procedures involve the following tasks: Transmission to the City all required guarantees, warranties, operations manuals and all other documentation required by the contract Transmission to the City all keys, spare parts, additional material, maintenance material, complete CM files, videotaping and photo albums and as-built drawings Preparation and transmission of all required City documentation and paperwork for project compliance and reimbursement Preparation of a Final Report or Letters summarizing the following items: Progress report as described above from the last period though date of final acceptance Overall project summary report addressing all issues required in the monthly progress reports Suggestions for potential improvement in future projects Final Commissioning Report Claims Management The CM shall assist the City in the defense of claims. The CM shall document, analyze and compile information for the City related to the claim. The CM shall use issues tracking techniques in Contract Manager to quickly retrieve related documentation. During the construction process, the CM shall prepare a clear and defined paper trail to describe the chronology of events, describe the details and defend the City s position. Should a claim arise during the course of construction, the CM will assist the City in determining liability, establishing cause, calculating damage, and effecting a settlement where possible by: Evaluating the adequacy of plans and specifications, comparing actual performance to contractual requirements Clearly defining the issues and determining the responsible parties Collecting, organizing, and evaluating factual information Performing scheduling analysis to determine extent of delay utilizing the approved Critical Path Method (CPM) schedule, frag-nets and periodic updates Determining the excusable or compensable delays Evaluating actions taken to mitigate damages Reviewing cost estimates Performing audits to determine actual costs Maintaining records to allow for the compiling of appeal files Participating in negotiations with the claimant

14 Move-In Phase - If required, the CM shall assist the Library Department staff with the relocation from the existing facility to the new facility once completed. 3.2 Terms of Performance A Notice to Proceed will be issued to the successful Proposer subject to successful conclusion of contract award. The City reserves the right to modify the composition of and the scope of services of this project. The services are subject to performance and termination sections described in the Pro Forma Agreement in Attachment B. This contract will be for a period not to exceed 24 months. The execution of an Agreement between the City and successful firm/individual does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and program assignments. The selection of a consultant to perform specific assignments will be dependent on the technical expertise required, and the competitiveness of each proposal. IV. PRE-PROPOSAL CONFERENCE/QUESTIONS The City will not be conducting a pre-proposal conference as part of this RFP process. Questions regarding the RFP can be sent to Grissel Chavez, at gchavez@cityofsignalhill.org or at (562) by 5:00 p.m. September 7, Questions concerning information already contained in this RFP will be answered in writing. Questions requiring clarification or additional information will be addressed in an addendum to this RFP. The City will response to all questions and requests for clarification received by September 7, All return correspondences with proposers, questions and answers, will be communicated to all other proposers. Page 12 of 17

15 V. PROJECT SCHEDULE The following dates reflect the anticipated schedule for soliciting proposals and selecting the Consultant, awarding the contract, and completing the work requested in this RFP: Construction Management Contract Milestone Dates Solicit Proposals For Construction Management Services 8/24/2016 Construction Management Proposals Due 9/19/2016 at 4:00 PM Conduct Consultant Selection Interviews 09/27/2016 Award of Construction Management Contract 10/11/2016 Issue Construction Management Contract Notice to Proceed 11/01/2016 It is the responsibility of the Consultant to take into account the deadlines and other schedule requirements listed above. The Consultant shall prepare and submit with the Proposal a schedule showing how they intend to meet these dates. It is the City s intent to use the schedule submitted by the Consultant to administer the Consultant s contract. If the Consultant is not able to meet the dates as stated above, exceptions must be clearly noted in the Proposal. VI. SUBMITTAL REQUIREMENTS A. Acceptance of Submittals The City will accept Proposals up until 4:00 PM September 19, The Proposal shall be submitted to: Grissel Chavez Deputy Public Works Director 2175 Cherry Avenue Signal Hill, California Please submit one (1) original and four (4) copies of the Consultant s Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. B. Information to be Submitted Proposals shall be limited to 25 pages, excluding proposal cover, cover letter, table of contents, and dividers. The following information shall be provided in the format specified below. o Cover Letter o Work Plan o work Schedule o Organization Chart/Staffing Plan Page 13 of 17 o Company Qualification o References o Insurance Requirements o Sealed Fee Proposal

16 Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the Proposal. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided as indicated below. Work Plan: Provide a description of your firm s understanding of the project and a detailed scope of services. Indicate your firm s approach to the project for ensuring quality and fiscal responsibility, and to complete the work in compliance with contract documents, City s standards, all applicable rules, regulations, standards, and requirements. Work Schedule and Proposed Effort: Provide a project work schedule with milestone dates and appropriate work phases including a breakdown of the hourly effort of involved personnel across the various tasks and activities including services beginning at the preconstruction phase and extending throughout post-construction. Staffing Plan: Provide an organizational chart showing the names and responsibilities of key personnel. Identify the individual(s) authorized to negotiate the contract on behalf of the consulting firm and the consultant s project manager. The proposed Project Resident Engineer shall be a professional engineer licensed in California, or certified Construction Manager, and shall have experience working with Public Agencies in similar assignments. It is important that the key project team members have served public agencies in various capacities, and are accustomed to working with governmental agencies, and have good understanding of public agencies, procedures, and policies. The City is looking for a qualified team that can provide turn-key services, and be the single Point of Contact and the Responsible Party representing the City in all aspects of the project. Company Qualifications: Provide a summary of your firm s qualifications, including background and experience. Please indicate your firm s experience in undertaking similar projects and the experience of the team proposed for this project. References: Contractors should provide a minimum of five (5) references from similar projects performed for state and/or large local government clients within the last three years. Information provided shall include: Client name; Project description; Project dates (starting and ending); Technical environment; Staff assigned to reference engagement that will be designated for work per this RFP; and Client project manager name and telephone number. Page 14 of 17

17 Insurance Requirements: The consultants shall review the City s attached sample contract agreement and insurance requirements. The Proposal shall specify that consultant will meet the insurance requirements and execute contract if selected. Sealed Fee Proposal: A sealed fee proposal shall be included separately, as part of the proposal submittal package. The fee proposal will be a not to exceed fee based on an hourly rate of personnel for each category of work. The hourly fee shall include all costs associated in providing all necessary services for individual work items. All sub-consultants and their associated fees must be clearly listed as well. Collectively, the fee shall include all aspects of the project. VII. INTERVIEW Top ranked consultant teams will be interviewed by the Selection Committee. Proposed key personnel (up to four) from the Project Team may be requested to present the teams and their qualifications at an interview. The interview format will consist of a 10 minute presentation given by the consultant (PowerPoint optional) followed by a 30 minute round table discussion (questions and answers led by the panel). VIII. SELECTION PROCESS A selection committee will review the Proposals and consider the following factors to select the most qualified firm: Criteria: Point Value: Proposal Responsiveness 5 Demonstrated understanding of the project requirements, including identification of critical elements and key issues 25 CM Team s Technical Expertise and Experience related to similar kinds of work 30 Firm s Financial Responsibility 10 Results of reference checks. Reference checks will only be conducted for a short list of firms or the top rated firm 15 Approach to Document Handling 15 After evaluation of the Proposals, the Selection Committee (Committee) shall rank the firms. The Selection Committee will then interview the top ranked firms, and select the top firm. The Committee shall begin negotiating a contract with the top firm by opening the sealed fee proposal submitted by the firm. If the Committee and the firm fail to reach an agreement, the City will then begin negotiating with the second ranked firm by first opening the sealed fee proposal submitted by that firm. This process will continue until the Committee is able to reach a mutually agreeable Page 15 of 17

18 Page 16 of 17 scope, cost, and schedule. This will serve as a basis to make a recommendation for ratification to the City Council. IX. GENERAL CONDITIONS A. Signature The Proposal shall be signed by an individual authorized to bind the Consultant. B. Other Considerations The City shall not be liable for any pre-contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Signal Hill Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Project to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the Public Work ), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a public work as defined in California Labor Code section In all bid specifications, contracts and subcontracts for any such Public Work, Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or

19 subcontract. Such bid specifications, contract or subcontract must contain the following provision: It shall be mandatory for the consultant to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section Enclosures: Sample Agreement Page 17 of 17