Request for Proposals (RFP)
Statement of Qualification (SOQ)
CLASS AND COMPENSATION STUDY
Proposals must be received by the City Clerk’s office, City of Barstow, 220 E. Mountain View Street, Suite A, Barstow, California 92311 no later than:
Date Due:
Time Due:
June 11, 2023
4:00pm (Pacific Central Time)
Envelope(s) shall be sealed and labeled:
“CLASS AND COMPENSATION STUDY”
RFP Questions, contact;
Darcy Wigington, Human Resources Manager
Email: [email protected]
Telephone: (760) 255-5129
Heidy Riley, Administrative Services Manager
Email: [email protected]
Telephone: (760) 255-5151
Submit Proposal to:
City Clerk’s Office
220 E. Mountain View Street, Suite A
Barstow, CA 92311
Contents
NOTICE OF INVITING PROPOSALS.......................................................................................................................................... 3 PROPOSAL SUBMISSION REQUIREMENTS............................................................................................................................. 4 I PROPOSAL FORMAT AND CONTENT OF THE REQUEST FOR PROPOSALS (RFP)........................................................... 4 A. Cover letter................................................................................................................................................................. 4 B. Consultant Overview and General Qualifications..................................................................................................... 4 C. Staffing/Sub Consultant............................................................................................................................................. 4 D. Approach and Methodology ...................................................................................................................................... 5 E. References.................................................................................................................................................................. 5 F. Cost Proposal.............................................................................................................................................................. 5 II. PROPOSAL SUBMISSION ................................................................................................................................................ 6 A. Submission of Proposal.............................................................................................................................................. 6 B. Inquiries...................................................................................................................................................................... 6 C. Required Attachments............................................................................................................................................... 6 D. Schedule...................................................................................................................................................................... 7 E. Accounting.................................................................................................................................................................. 7 III. PROPOSAL GENERAL CONDITIONS ............................................................................................................................ 7 IV PROPOSAL....................................................................................................................................................................... 9 General Information and Background............................................................................................................................... 9 Review and Selection Procedure ......................................................................................................................................10 Scope of Work (Services)..................................................................................................................................................10 Notice of Intent to Respond..................................................................................................................................................14 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM(S)..............................................................................................................15 Sample Professional Service Agreement (PSA).....................................................................................................................16
NOTICE OF INVITING PROPOSALS
CLASS AND COMPENSATION STUDY
NOTICE IS HEREBY GIVEN that the City of Barstow (City) is soliciting Request for Proposals (RFP) and/or Statement of Qualification from qualified professionals (Consultants or Proposers) to conduct a city wide Class and Compensation Study. Interested firms or individuals must submit RFP/SOQ to the office of the City Clerk, 220 East Mountain View Street, Suite A, Barstow, California 92311 until 4:00 pm (Pacific Standard Time) on July 11, 2023.
DESCRIPTION OF WORK: Each RFP will specify the description of work for each and every item as set forth in the specifications. Any and all exceptions must be clearly stated in the proposal. Failure to set forth any items in the specification shall be grounds for rejection.
INTENT OF RFP/SOQ: The City of Barstow, Human Resources Division is soliciting proposals from qualified firms, experienced in the review and development of job classifications, total compensation analysis, staffing levels and organizational evolution for government agencies. The expectation of the awarded firm is to review the City of Barstow’s existing classification and compensation system, consider employee input, market conditions and industry trends, and make recommendations for updates. Additionally, the expectation is to have a final written product that allows the City Human Resources Team to update/add classifications and compensation as needed.
OBTAINING RFP DOCUMENTS AND SUBMITTING NOTICE OF INTENT TO RESPOND: The RFP documents may be acquired via the internet at https://www.barstowca.org/business/bid-opportunities-request-for-proposals. If you or your firm are interested in submitting a proposal, it is required that you submit the Notice of Intent to Respond (NOIR) document by email to [email protected]. NOIR Submittals must be received by June 20, 2023. Failure to submit the NOIR document may render your proposal non-responsive.
If your firm is interested and qualified, please submit one original and three (3) copies of your RFP/SOQ To the following:
City of Barstow
220 E. Mountain View Street,
Barstow, CA 92311
Attention: City Clerk’s Office
If you have any questions about the proposal process, technical questions, and/or information, please contact; Darcy Wigington
Human Resources.
[email protected]
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 90 calendar days from the due date of the proposal. The receiving time in the City Clerk’s office will be the governing time for the acceptability of the Proposal. Telegraphic, electronic, and telephonic proposals will not be accepted. Late proposals will be returned unopened.
PROPOSAL SUBMISSION REQUIREMENTS
I PROPOSAL FORMAT AND CONTENT OF THE REQUEST FOR PROPOSALS (RFP) To respond to the Request for Proposals (RFP), submit one (1) original, four (4) printed copies, and one (1) electronic copy on USB drive/memory stick on or before the submission deadline. A person authorized to bind the proposing firm to the representations, commitments, and statements contained in the RFP must sign the RFP. Proposals shall be formatted in the form and sequence described below. Please use the same order and titles as set forth to help facilitate evaluation of your proposal. The City may choose to disqualify proposal deviating from the outlined format. The evaluation and selection of a Consultant will be based on the information submitted in the proposal. Elaborate proposals beyond that sufficient to present a complete and effective proposal are not necessary or desired. Although the City is not specifying a page limit, clarity and conciseness are essential and will be considered during proposal evaluation. The RFP must contain the following information and documents:
A. Cover letter
Provide an executive summary emphasizing the strong points of yourself or the firm’s qualifications and experience. The cover letter shall be signed by a person with the official authority to bind the consultant or firm. The cover letter shall include the name, title, address, telephone number, Federal and State taxpayer identification numbers of the firm, and signature of the Consultant’s contact person for this proposal.
Proposer’s shall indicate whether there may be any potential conflicts of interest that could limit the Proposer’s ability to provide the requested services.
B. Consultant Overview and General Qualifications
Provide a summary of yourself or the firm’s qualifications demonstrating the expertise, understanding, and ability to accomplish the City’s primary objectives. Provided general information about your or the firm’s location of office(s), years in business, and areas of expertise. Provide a brief description of five (5) cities/projects, which involved a similar Scope of Work (services).
C. Staffing/Sub Consultant
Provide an organizational chart identifying: 1) A List key person(s) assigned to carry out the work; 2) the role each person will play in performing the work; and 3) a description of the experience, length of time in business and qualifications
Identify key staff and include a description of their abilities, qualifications, and experience. Attach resumes of key staff to be assigned to this project. Identify any portion of work that would be subcontracted. Include Consultant qualifications (brief) and key personnel, telephone number, and contact person for all sub-consultants. The City reserves the right to approve or reject all Consultants, internal staff performing consulting services, or sub-Consultants proposed by the Consultant.
Group staff’s resume, description, abilities, qualification, and experience per firm or organization.
D. Approach and Methodology
Provided a clear concise statement of yours or the firm’s understanding of the nature and the extent of the Scope of Work (services) required. Provide a specific outline to demonstrate how personnel will be organized to handle these services.
Provide a proposal summary, including why the firm is pursuing this work and how it is uniquely qualified to perform the services.
E. References
You shall provide a list of references for yourself and any sub-Consultants, including the names, addresses, and telephone numbers of recent clients for which services have been completed for similar work. Include a list of specific projects associated with each reference; the date work was performed, the cost and the key personnel involved. List five (5) distinct references.
Provide explanation of any contract that the individual, firm, or subcontractor that was a party of termination for default or for which a notice of default was issued in the past five years. Termination for defaults is defined as notice to stop services for non-performance or poor performance, whether the issue was litigated of not. If a notice of default was issued by a party other than the Proposer, list name, address, and telephone number of that party. If no such notice was issued, so state.
Provide Scope of Services beyond those listed in the RFP that the firm provides that may be of interest or benefit to the City.
F. Cost Proposal
Consultants shall submit a fee proposal in a separate and sealed envelope clearly labeled “Class and Compensation Study”. The City will negotiate with the top-ranked person or consultant firm in compliance with all applicable federal, state, and local guidelines.
I. Inclusive Pricing
All pricing proposal information relative to performance of the scope of services/project specifics and deliverables as described in this RFP must be included in the Proposal. Pricing must list all direct and indirect costs, such as travel, meals, hotel accommodations, incidentals, and any other out-of-pocket expenses that would be charged to the City.
II. Price Schedule
Proposals must include a pricing schedule that includes the following:
1. Pricing for all items in the Scope of Services/Project Specific section of this RFP. Pricing for those items does not need to be broken down for subtasks except as identified below, but the Proposer may find it helpful to do so. Include a proposed payment schedule for work associated with the Classification Analysis, Compensation Analysis, and Evolution Analysis.
2. Hourly rates for any work that is not included in the Scope of Services, or in the Proposal
3. Any additional tasks that the proposer believes would benefit the City
4. Any additional costs that would be charged to the City The fee proposal shall include all tasks required to perform the work with a maximum not-to-exceed fee for each task and a grand total not-to-exceed fee. The fee proposal must contain a task and fee breakdown of all components of cost, including labor base rate, overhead, and all other direct and indirect costs. The fee proposal must match the scope of services, in the format, as presented within the RFP.
II. PROPOSAL SUBMISSION
A. Submission of Proposal
Consultant shall submit one original and three (3) copies of their Proposal to the City. Proposals shall be received by the City Clerk’s Office no later than 4:00 p.m. on Tuesday, July 11, 2023, at the following address:
City of Barstow
220 E. Mountain View Street, Suite A
Barstow, CA 92311
Attn: City Clerk
Re: Class and Compensation Study
Late submittals will be rejected and not returned
B. Inquiries
Inquiries: Proposers, their representatives, agents, or anyone else acting on their behalf, are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below.
Contact with anyone other than as directed below may be cause for rejection of a proposal.
ANY questions, technical or otherwise, pertaining to this Request for Proposal must be submitted IN WRITING and directed ONLY to:
Darcy Wigington
City of Barstow
Human Resources
220 East Mountain View Street
Barstow, CA 92311
[email protected]
Interpretations or clarification considered necessary in response to such questions will be resolved by the issuance of a Formal Addenda to the RFP. The deadline for all questions is 4:00 P.M., PCT, June 20, 2023. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.
C. Required Attachments
a. Copy of the Notice of Intent to Respond Form
b. Acknowledgement Receipt of Addendum(s)
D. Schedule
A contract/agreement is intended to be issued as soon as possible. A tentative schedule of the events follows:
Request for Proposals released Tuesday, June 6, 2023
Inquiries /Question Due Tuesday, June 20, 2023
Notice of Intent to Respond Tuesday, June 20, 2023
Proposals Due Tuesday, July 11, 2023
Notice of Shortlist Tuesday, July 17, 2023
Consultant Interviews Tuesday, July 25, 2023
Contract Award Monday, August 7, 2023
E. Accounting
The successful consultant shall invoice for work performed beginning on the 1st day and ending on the last day of each month. The consultant may submit monthly invoice by the 15th day of the month. Invoices should include a brief description of the work performed. For auditing purposes, the CITY’s Fiscal Year begins on July 1 and ends on June 30. The consultant shall submit year-end invoices through June 30 no later than July 15 of each year of the contract.
III. PROPOSAL GENERAL CONDITIONS
1. The CITY shall not, in any event, be liable for any pre-contractual expenses incurred by the consultant in:
• Preparing the proposal and submitting the proposal to the CITY • Preparing and participating in the CITY interview process • Negotiating with CITY related to this proposal; and
• Any other expenses incurred by the consultant prior to an executed agreement
2. Any proposal received prior to the date and time specified above for receipt of proposals may be withdrawn for modification by written request of the proposer. To be considered, however, the modified proposal must be received by the time and date specified in this RFP.
3. Proposals received within the prescribed deadline become the property of the CITY and all rights to the contents therein become those of the CITY.
4. Before the award of the contract/agreement, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After the award of the contract (or if not awarded, after the rejection of all proposals), all proposals will be regarded as public records and will be subjected to review by the public. Any language purporting to render all or portions of the proposals confidential will be regarded as non-effective and be disregarded.
5. The CITY reserves the right to withdraw this RFP at any time without prior notice. Further, the CITY makes no representations that any agreement will be awarded to any consultant responding to this RFP.
The CITY expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection.
6. Any contract/agreement to be awarded as a result of this RFP will be awarded without discrimination based on race, color, religion, sex, or national origin.
7. The protest procedure is intended to handle and resolve disputes related to the contract award for this Project/Services pursuant to Title 49 Code of Federal Regulations Part 18 Section 18.36 (b) (12)(i)-(ii) and the City of Barstow policies and procedures. The protesting consultant must exhaust all administrative remedies with the City of Barstow before pursuing a protest with a Federal agency.
8. Prospective consultants are encouraged to promptly notify the person designated in Section III of this RFP, in writing, of any apparent inconsistencies, problems or ambiguities in the Scope of Work or any other section of this RFP. If deemed necessary, the CITY shall issue addenda to clarify such circumstances prior to the final submittal date.
Prospective consultants and their sub-consultants are required to have adequate financial management and accounting system as required by 48 CFR part 16.30103, 2 CFR part 200, and 48 CFR Part 31
Prospective consultants and their sub-consultants are required to pay California State Prevailing Wages for all applicable services. California State Prevailing Wages can be obtained from the Department of Industrial Relations at http://www.dir.ca.gov/oprl/DPreWageDetermination.htm
9. The City reserves the right to remedy technical errors, modify the published scope of services, and approve or disapprove the use of all sub-consultants.
10. The City. Statements and other materials submitted will not be returned unless portions of submittals are designated as proprietary at the time of submittal and requested to be returned.
11. The City has the right to use any or all ideas or concepts presented in any proposal or interview without restrictions, and without a conversation with the proposers. As a corollary, the selection of a consultant does not constitute the City acceptance of all of the particulars of its RFP.
12. Performance of Service
Task Orders – At the time a Consultant is selected for a specific project, the Consultant will be asked to prepare a schedule of the various jobs listed by project task order(s).
IV PROPOSAL
General Information and Background
The City of Barstow (City) is located in the Mojave Desert Region of central San Bernardino County, California, about 130 miles northeast of Los Angeles and 150 miles southwest of Las Vegas. The population of Barstow is approximately 25,415 and serves as a vibrant regional retail commercial center. Strong interstate highway travel-oriented services, a large rail facility, and two major military base installations contribute to a diversified economic base.
As a full-service City, Barstow operates with a five-member City Council operating under the council/manager form of government. The Mayor is an elected at large by City residents while Council Members are elected based upon constituents that reside within four districts. The Mayor and Council Members are elected for staggered four-year terms and serve as the City’s legislative and policymaking body. The City Manager is responsible for directing City affairs as prescribed by the City Council and handling the administration of day-to-day activities of the City’s employees.
City departments include City Administration, Finance, Police, City Clerk Services, Public Works, Community Development, Park and Recreation, and Environmental Services. Additionally, the Barstow Fire Protection District serves as a subsidiary district providing fire protection services to the incorporated city limits, as well as to neighboring areas outside of the city limits. Overall, the City has approximately 153 full-time employees and 45 part-time employees.
The City’s current Classification and Compensation structure was last updated in October 2012. Some positions have been evaluated since 2012 and updated. Some new positions have been created and have been incorporated into the current Classification and Compensation Structure. Other positions have been eliminated. Since the Classification and Compensation structure was adopted, inequities and compression have developed, and the criteria and weighting of various factors of the structure need to be updated. The increase in the minimum wage to $15.50 per hour effective January 1, 2023, has had an impact and it is anticipated that the minimum wage will likely continue to increase in the future.
The City currently has 33 salary ranges encompassing 114 classifications. Employees are eligible to move up the salary scale depending upon performance based upon an adopted merit pay policy. Salary increases of 2% were given each year in 2019, 2020, and 2021, as per the adopted Memorandum of Understandings (MOU) between the City and employee associations. The City, and BFPD, collectively have six recognized employee organizations, as follows, and more information regarding the current MOUs is available on the City’s website.
CITY OF BARSTOW
City Employee Labor Groups
Labor Group Contract
Expiration Date
Teamsters Local 1932 –Unit #1 June 30, 2023
Teamsters Local 1932 –Unit #2 June 30, 2023
The Barstow Police Officers’ Association June 30, 2023
The Barstow Fire Protection District and the Professional Firefighters Association June 30, 2023 The Barstow Management Employees’ Association June 30, 2023 The Barstow Police Department Management Association June 30, 2023 Review and Selection Procedure
A Review Committee will review all completed submittals received by the closing date in accordance with the criteria and procedures identified in this RFQ/RFP.
It is anticipated that the Review Committee will analyze the submittals and bring forward a recommendation to the City Council. The Review Committee may, at its option, request additional information, clarification of information or interviews with Developers before the final selection is determined.
Based on the evaluation criteria, an agreement may be presented to the City Council on August 7, 2023 meeting.
The RFQ/RFP will be evaluated on the following:
Compliance and competitiveness with specific
requirements provided in the RFP
20 Experience working on public sector
classification and compensation
20 Experience, Education, training, and credentials
of staff:
20 Proposed Project Scope and Schedule 20
Fees 20
Total: 100
Scope of Work (Services)
Goals and Objectives
The purpose of the Classification and Compensation Study is to address changes in City operations and staffing over past years, which may have affected the type, scope, level, and classification of work being performed by City employees.
The City’s objectives are to:
1. Attract and retain qualified employees;
2. Ensure positions performing similar work with essentially the same level of complexity, responsibility, and knowledge, skills, and abilities are classified together;
3. Provide salaries commensurate with assigned duties;
4. Clearly outline promotional opportunities and provide career pathing;
5. Provide a justifiable pay differential between individual classes;
6. Maintain a competitive position with other comparable government entities and private employers within the same geographic areas; and
7. Take into consideration current employment trends as predictors in the evolution of the classification and compensation structures; demographics (5 generations in workforce), digitization, micro-credentials and re-skilling of workforce.
All work will be done with regular involvement of the Human Resources Manager. The City Manager, Department Heads, and other key personnel will be involved as necessary. Regular presentations and meetings with these individuals, groups, or employees, incorporating their input into the process, are expected.
Presentation to the City Council upon completion of the project is also expected.
The study shall evaluate the City’s present salary structure as compared to the specific job market for comparable positions in public and comparable private employers within the same geographic area.
The consultant shall perform or provide the following Task:
Task A - Review current classifications and compensation system to ensure internal and external competitiveness and equity.
a. Perform a comprehensive evaluation of every job in the City to determine proper classification, level of responsibility, place in organization hierarchy, pay range, and steps within pay range. The evaluation will include the administration of a position description questionnaire that is completed by all employees. b. Conduct salary surveys both vertically (cities identified as comparable) and horizontally (other industry organizations that have comparable positions) and establish benchmark standards. c. Address compaction issues and future pay compression related to the increase in minimum wage.
Task B - Meetings
a. Initial meeting with the City Manager, Human Resources Manager, and assigned City staff validate scope of services, methodology, timelines and deliverables.
b. Orientation and briefing sessions, as needed, with City employees, department heads, managers, supervisors, and employee association representatives to provide information regarding study methodology, process, timing, and logistics.
c. Presentations and meetings with individuals/groups to gather information and answer questions as necessary.
d. Bi-weekly updates to City Manager and Human Resources Division. e. Present proposed recommendations to City Manager and Human Resources Division for review prior to making any final classification determinations.
Task C - Classification Analysis
a. Review current classification system methodology and propose recommended strategic methodology for this project.
b. Conduct interviews and/or job audits as appropriate, individually or in groups, based upon body of work, team alignment, and classification series.
c. Update classifications to uniformly reflect the distinguishing characteristics, essential job functions, minimum qualifications (separated by Education, Experience, Knowledge/Skills/Abilities, Certifications/Licenses, Desirables), physical demands, sensory requirements, and environmental factors.
d. Identify distinct groups and specific codes per FLSA – Officials & Administrators, Professionals, Technicians, Paraprofessionals, Administrative Support, Skilled Craft Workers, Service Employees AND status (exempt or non-exempt).
e. Develop a classification structure that reflects the City’s overall classification and compensation strategy, including the clear definition of terms and position titles, development of job families, and the creation of career ladders for full-time and part-time employees. f. Provide finalized class specifications and/or recommend suitable classification for each employee, outlining discrepancies between existing and proposed classifications by Department. g. Recommend implementation measures for the Human Resources Team, as well as a comprehensive training program so the Human Resources Team can administer/explain the proposed program over time. Implementation needs to include recommended prioritization of positions. h. Recommend a maintenance system that would allow the Human Resources Team to keep the classification system current and equitable. This would include annual activities and the review of individual classifications.
Task D - Compensation Analysis
a. Review of current comprehensive pay schedule (positions, salary grade levels and steps), as well as challenges in recruiting and retaining employees.
b. Review current comparison Cities (Apple Valley, Colton, Hesperia, La Verne, Montclair, Ontario, Redlands, Rialto, San Bernardino, and Victorville), as well as other government and private sector employers (the equivalent of three), who have similar classifications and may compete for qualified candidates within the City’s labor pool. Modification to comparison cities may be proposed to best align with the City’s geographic location, population, and municipal services provided. c. Conduct a comprehensive compensation and benefits survey, including value of the total benefits package to the employee and the total cost to the employer of salary and all benefits, including; i. Salary - base salary, employer paid retirement contributions, certification pay, educational incentive, special assignment or special duty pay, shift differential pay, standby and callback pay, bonus pay, employer paid insurance contributions (cafeteria plan) or cash-in-lieu of cafeteria plan.
i. Benefits - health, dental, vision, life insurance, accidental death and dismemberment, short term disability, long term disability, deferred compensation, retirement, uniform/safety equipment pay,
ii. Leave Benefits– holiday/floating holiday leave, sick leave, vacation, management leave, maximum accruals
d. Identify compression issues (current and foreseeable) and recommendations to remedy situations. e. Identify and recommend competitive market position that based on the current career level of the staff and estimated turnover, would allow the City to run a consistent program. f. Provide an outline for determining starting pay for all new hires (considering experience, licensure, or difficult to fill positions).
g. Recommend appropriate salary ranges for each position based on the classification plan, compensation survey results and internal classification relationships and equalities, identifying any individual or group inequities, and providing corrective action for remedy. h. Recommend implementation strategies (including the cost of implementation by Department) which address key compensation practices, skill pay, certification pay, bilingual pay, promotional pay, special duty pay and acting assignment pay.
i. Recommend implementation measures for the Human Resources team, as well as a comprehensive training program so the Human Resources team can administer/explain the proposed program over time as the City is able.
Task E - Evolution of Organization and Disruptors
a. Provide analysis of current employment trends with other public and private entities impacting classification and compensation structures considering; i. demographics (5 generations in workforce),
ii. maximizing work efficiencies,
iii. digitization (technology),
iv. micro-credentialing,
v. re-skilling of workforce,
vi. bargaining agreements
b. Provide analysis on forecasting for future compensation expectations (i.e. wage growth). c. Recommend a maintenance system and toolsets that would allow the Human Resources team to keep the compensation system current and equitable. This would include annual activities and the review of individual classifications.
TASK F – Deliverables
a. Comply with all legal requirements and be nondiscriminatory, compliant with federal, state and local requirements (ADA, FLSA, EEOC).
b. Be easy for management to administer, maintain, and defend. c. Follow methodology based on compensation principles considering internal and external equity within pay structure and comparable work.
d. Allow new positions to be incorporated into the structure, as well as maintain updates to the structure’s competitiveness.
e. Draft a written report delivered in both hard copy and digital format giving the City the ability to implement and manage the classification and compensation program, including final report, tables, charts, spreadsheets, schedules, classification specs, salary surveys and other materials. f. Provide a final written and electronic report with all supporting documentation and analysis. g. Present the final written report at a scheduled Council meeting to discuss the recommendations.
Notice of Intent to Respond
Request for Qualification / Request for Proposals (RFP-1901) The purpose of this Notice is to help the City of Barstow manage information and to ensure communications directed to prospective respondents reach its intended recipients. Answers to questions raised during the Pre-Submission period.
Addendums to the RFP will be sent to organizations that complete and return a “Notice of Intent to Respond”. By completing this Notice, the undersigned is not bound to submit a response.
The City will only initiate continuing communication about the RFP with firms and individuals that return the Notice of Intent to Respond by June 20, 2023. The authorized representative will serve as the single point of contact with the respondent throughout the selection process and all communications to the respondent will be addressed to the authorized representative.
The Notice of Intent to Respond should be completed and an electronic version returned by e-mail to Darcy Wigington, Engineering Services Administrator, City of Barstow, [email protected]. Questions or requests should be communicated by e-mail only to Darcy Wigington: [email protected].
Organization or Team Name:
Authorized Representative:
Authorized Representative Contact Information:
Street Address:
P.O. Box Suite or Floor#:
City:
State: Zip Code:
Telephone
Ext.: Fax:
E-mail:
ACKNOWLEDGEMENT RECEIPT OF ADDENDUM(S)
Company/Organization:
Address:
City, State, Postal Code
Total Number of Addendum(s) ________________________________________________________________ I hereby acknowledge by signing this form, that our firm has receipt of all Addenda issued.
Signed Date
Printed of Typed Name Title
Sample Professional Service Agreement (PSA)
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152079.1
PROFESSIONAL SERVICES AGREEMENT
(City of Barstow/_____ Corporation)
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Barstow, a California municipal corporation (“City”), and _____________, a _________________ Corporation (“Consultant”).
2. RECITALS
2.1 City has determined that it requires the following professional services from a consultant: __________________________.
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education, and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1 “Scope of Services”: Such professional services as are set forth in Consultant’s proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in Consultant’s fee schedule to City attached hereto as Exhibit B and incorporated herein by this reference.
3.3 “Commencement Date”: _________________.
3.4 “Expiration Date”: _______________________
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the parties or terminated earlier in accordance with Section 17 (“Termination”) below.
5. CONSULTANT’S SERVICES
Professional Services Agreement
City of Barstow/________________
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5.1 Consultant shall perform the services identified in the Scope of Services. The City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of ___________________________________________________.(_____________) unless specifically approved in advance and in writing by City.
5.2 Consultant shall obtain a City business license prior to commencing performance under this Agreement.
5.3 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.
Consultant shall comply with all applicable federal, state, and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).
5.4 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.
5.5 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Frank Barrera shall be Consultant’s project administrator and shall have direct responsibility for the management of the Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
5.6 Consultant has represented to the City that key personnel will perform and coordinate the services under this Agreement. Should one or more of such personnel become unavailable, the Consultant may substitute other personnel of at least equal competence upon written approval of the City. If City and Consultant cannot agree as to the substitution of key personnel, City may Professional Services Agreement
City of Barstow/________________
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152079.1
terminate this Agreement for cause.
5.7 Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty calendar days of receipt of each invoice, the City shall pay all undisputed amounts included on the invoice. The City shall not withhold applicable taxes or other authorized deductions from payments made to the Consultant.
6.3 Payments for any services requested by the City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Consultant shall be entitled to increase the fees in this fee schedule at such time as it increases its fees for its clients generally; provided, however, in no event shall Consultant be entitled to increase fees for services rendered before the thirtieth day after Consultant notifies City in writing of an increase in that fee schedule. Fees for such additional services shall be paid within sixty days of the date Consultant issues an invoice to City for such services.
7. OWNERSHIP OF WRITTEN PRODUCTS
7.1 All reports, documents, or other written material (“written products” herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant
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7.2 Consultant represents and warrants that Consultant has the legal right to utilize all intellectual property Consultant will utilize in the performance of its obligations pursuant to this Agreement. Consultant further represents that Consultant shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Consultant’s performance of this Agreement.
8. RELATIONSHIP OF PARTIES
The Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to 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 represent that it is, or that any of its agents or employees are, in any manner employees of City.
9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for the performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. The City shall grant such consent if the disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.
10. INDEMNIFICATION
10.1 The parties agree that City, its officers, agents, employees, and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.
10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of and defend City, its officers, agents, employees, and volunteers from and against any and all claims and losses, costs or expenses for any damage due Professional Services Agreement
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to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorneys’ fees due to counsel of the City’s choice, expert fees, and all other costs and fees of litigation. Consultant shall not be entitled to any refund of attorney’s fees, defense costs, or expenses in the event that it is adjudicated to have been non-negligent.
10.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 10 and related to Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
10.4 The obligations of the Consultant under this Section 10 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees, and volunteers.
10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, to the fullest extent permitted by law, Consultant agrees to be fully responsible and indemnify, hold harmless, and defend City, its officers, agents, employees, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.
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Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of the City’s choice.
10.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate, required pursuant to this Agreement. This holds harmless and the indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
11. INSURANCE
11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.
11.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured.
11.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:
11.3.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.
11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.
11.3.3 Worker’s Compensation insurance as required by the laws of the State of California.
11.3.4 Professional Errors and Omissions Insurance with coverage limits of not Professional Services Agreement
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less than One Million Dollars ($1,000,000).
11.4 Consultant shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement.
11.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A: VII in the latest edition of Best’s Insurance Guide.
11.6 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
11.7 At all times during the term of this Agreement, Consultant shall maintain on file with the City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City and its officers, employees, agents, and volunteers as additional insureds.
Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).
11.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
11.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents, and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days prior written notice to City.
Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
11.10 The insurance provided by the Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents, or volunteers, shall be in excess of the Consultant’s insurance, and shall not contribute to it.
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11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents, or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
11.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or the Consultant shall procure a bond guaranteeing payment of losses and expenses.
11.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.
11.14 Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under the Agreement.
11.15 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.
11.15.1 All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.
11.15.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the names Insured or the City.
11.16 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.
12. MUTUAL COOPERATION
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12.1 City shall provide Consultant with all pertinent data, documents, and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
12.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, the Consultant shall render any reasonable assistance that City may require.
13. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
14. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.
15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
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If to City
City of Barstow
Attention: City Manager
220 E. Mt. View Street, Ste. A
Barstow, CA 92311
Telephone: (760) 256-3531
Facsimile: (760) 256-4472
If to Consultant:
_____________________
Attention: Project Manager
_______________________
_______________________
Telephone: _____________
Facsimile: ______________
With courtesy copy to:
Matthew Summers
City Attorney
Colantuono, Highsmith & Whatley, PC
300 S. Grand Ave, Suite 2700
Los Angeles, CA 90071-3137
Telephone: (213) 542-5711
Facsimile: (213) 542-5710
16. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 9, Section 10, Paragraph 12.2, and Section 13 of this Agreement shall survive the expiration or termination of this Agreement.
17. TERMINATION
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17.1. City shall have the right to terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty calendar days’ written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials, or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
17.2 If City terminates this Agreement due to no fault or failure of performance by the Consultant, then the Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall the Consultant be entitled to receive more than the amount that would be paid to the Consultant for the full performance of the services required by this Agreement.
18. GENERAL PROVISIONS
18.1 Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingents upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
18.2 Consultant shall not delegate, transfer, sub-contract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. The City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.3 This Agreement shall be binding on the successors and assigns of the parties.
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Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
18.4 Time is of the essence for each and every provision of this Agreement.
18.5 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition or any other unlawful basis.
18.6 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between the such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
18.7 The waiver by the City or Consultant of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained. No term, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
18.8 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
18.9 Each right, power, and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers, or remedies. In the event legal action shall be necessary to enforce any Professional Services Agreement
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term, covenant, or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be San Bernardino County, California.
18.10 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
18.11 This Agreement shall be governed and construed in accordance with the laws of the State of California.
18.12 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations therefrom shall be effective and binding only if made in writing and executed by City and Consultant.
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City” “Consultant”
City of Barstow __________________________________
By: __________________________ By: _______________________________ City Manager
Date: _______________ Date: __________________
By: _______________________________
Date: __________________
Attest:
By
, City Clerk
Date:
Approved as to form:
By
Matthew T. Summers, City Attorney
EXHIBIT A
SCOPE OF WORK
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EXHIBIT B
APPROVED FEE SCHEDULE
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