Indemnity_Agreement_Form_05.2025.pdf

This is a Proposal Indemnity Agreement form issued by the City of Pasadena for Request for Proposal 2024-RFP-0493, which pertains to the procurement of a Construction Manager at Risk (CMAR) contractor with Guaranteed Maximum Price authority for the Construction of a Transit Operations Maintenance Facility. The project represents a two-phase delivery process comprising Phase 1 preconstruction and design-assist services (estimated to commence July 2026 with completion by January 2027) and an optional Phase 2 for construction services (estimated to commence March 2027 with substantial completion required by June 2028 and final completion by July 2028). The mandatory pre-proposal meeting is scheduled for April 28, 2026, with a question submission deadline of May 22, 2026, and proposal submission deadline of June 8, 2026 at 2:00 PM; interviews are tentatively scheduled for June 22-25, 2026. Liquidated delay damages are assessed at $19,000 per day if Phase 2 substantial completion is not achieved.

The indemnity agreement requires the proposer to indemnify and hold harmless the City of Pasadena from any claims, losses, damages, liabilities, or expenses arising out of or related to the proposal response, except for claims arising from the City's gross negligence or willful misconduct. Proposers must maintain bonding capacity exceeding the City's estimate of direct construction costs of $60,000,000 and demonstrate financial strength through reviewed or audited financial statements. Phase 1 insurance requirements include Commercial General Liability of $1,000,000 per occurrence, Automobile Liability of $1,000,000 per accident, Workers' Compensation with statutory limits, and Professional Liability of $2,000,000 per occurrence; Phase 2 substantially increases these requirements to $30,000,000 Commercial General Liability, $5,000,000 Automobile Liability, and Builder's Risk coverage equal to completed project value. The project is partially funded by the Measure R Mobility Improvement Grant administered by the Metropolitan Transportation Authority, and all contractors and subcontractors must be registered with the California Department of Industrial Relations and comply with prevailing wage requirements.