I. SUMMARY
The Southern California Association of Governments (SCAG) is soliciting proposals in response to Request for Proposal (RFP) No. 20-063, Fullerton Rail District Specific Plan.
The RFP is comprised of the following parts presented herein as Attachments:
Attachment 1 – Proposal Information, Organization, and Content Attachment 2 – Scope of Work
Attachment 3 and 4 – Proposal/Interview Evaluation Form Attachment 5 – Line Item Budget (Cost Proposal)
Attachment 6 – Debarment and Suspension Certificati on
Attachment 7 – Conflict of Interest Form
Attachment 8 – Disadvantaged Business Enterprise (D BE) Attachment 9 – Vendor Information
Attachment 10 – Notice Regarding California Public Records Act
II.
PROPOSAL TIME LINE
(Subject to Change)
DATE TIME
(Pacific Standard)
RFP Published Date March 3, 2020
Pre-Proposal Conference:
N/A
N/A
Deadline to Upload Questions into
PlanetBids
March 12, 2020 5:00 p.m.
Posting of Answers to Questions (if any) March 17, 2020 5:00 p.m.
Proposal Due Date March 31, 2020 10:00 a.m.
Evaluation of Proposals Week of April 6
Consultant Interviews, if necessary Week of April 13
Final Selection April 2020
Contract Execution/NTP May/June 2020
III. PROPOSAL SUBMISSION
Upload one (1) PDF copy of your Technical Proposal (file cannot exceed 10MB) into SCAG’s solicitation management system (PlanetBids) at http://www.planetbids.com/portal/portal.cfm?CompanyID=14434# . Upload your Cost Proposal as a separate Excel file in PlanetBids (from the rest of your Technical Proposal) using the SCAG Line Item Budget available at SCAG’s Website http://scag.ca.gov/opportunities/Pages/BusinessWithSCAG.aspx.
You MUST upload your submittal via PlanetBids. No other means of submission shall be accepted by SCAG. If you need assistance, contact the SCAG staff identified in Section IV below before the Due Date/Time (allow sufficient time before the due Date/Time).
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SCAG must receive proposals by the Proposal Due Date/Time (time to be determined by SCAG’s/PlanetBids time clock). Any proposal received after the Proposal Due Date/Time will be rejected.
All submissions are considered a matter of public record.
Note: “proposer,” “consultant,” and “firm” may be used interchangeably throughout this document.
IV. SCAG CONTACT
Lori J. Tapp, C.P.M., Contracts Administrator
Southern California Association of Governments
900 Wilshire Blvd., Suite 1700
Los Angeles, CA 90017
(213) 236-1957
Email: [email protected]
The Contracts Administrator is the only person to contact during the selection process, and may be contacted at any time during the process.
V. QUESTIONS AND ANSWERS
Questions must be submitted in writing via PlanetBids under this solicitation number. Answers to the questions will be posted on SCAG’s solicitation management system under the corresponding RFP typically no later than three (3) working days after the deadline to submit questions.
VI. PRE-PROPOSAL CONFERENCE
N/A
VII. CONTRACT TYPE
Contract Type: Lump Sum
SCAG intends to pay based upon milestone payment schedule or a percentage of task completion. However, firms may propose a payment schedule for SCAG’s consideration.
Consultants must propose in United States currency and shall be paid with the same.
Funding for this project is contingent upon availability of funds at the time of contract award.
As directed by the Regional Council, it is SCAG’s policy not to disclose a project’s budget.
VIII. PERIOD OF PERFORMANCE
The estimated period of performance for this contract is eight (8) months.
IX. DBE PROGRAM
This procurement does not require DBE participation and there is no specific numerical DBE goal assigned to this project. However, proposers are encouraged to make every reasonable effort to solicit DBE firms to participate as subcontractors, service providers, and suppliers on this project. See Attachment 8 for additional information.
X. SELECTION PROCESS
1. Proposals will be ranked in accordance with the criteria described in Attachments 3 and 4. 2 rev 11/06/19
2. Proposers may or may not be invited for an interview.
3. SCAG does not reimburse proposers for any cost of proposal preparation (including but not limited to parking, printing, postage, travel, etc.), even in the event of RFP cancellation.
4. Communication between the proposer and any member of the Proposal Review Committee during the selection process is prohibited, except when and in the manner expressly authorized in this RFP. Violation of this restriction is grounds for disqualification.
5. SCAG shall award the contract for this RFP to the firm that it deems to have provided the best value to SCAG or the firm SCAG deems to be the best qualified for contract award (or both).
6. Every proposal submitted is considered a firm offer that must be valid for a minimum of ninety (90) calendar days.
7. All proposers should be aware of the Insurance Requirements for contract award. The Certificate of Insurance must be provided by the successful proposer prior to contract award. A contract may not be awarded if insurance requirements are not met. The insurance requirements may be viewed on SCAG’s website at: http://scag.ca.gov/business/ under Section 43 of SCAG’s Contract Template.
Endorsements for the following are necessary as a part of meeting the insurance requirements:
• Commercial General Liability
• Business Auto Liability
• Workers’ Compensation/Employer’s Liability
Endorsements shall include:
• Additional Insured
• Primary, Non-Contributory
• Waiver of Subrogation
• Notice of Cancellation
THE ENDORSEMENTS TO ALL OF THE POLICIES MUST BE ATTACHED TO THE CERTIFICATE OF INSURANCE.
8. The successful proposer will be required to sign SCAG’s standard Contract Template (available at http://scag.ca.gov/business/) in order to receive the contract award. Proposer must identify in their proposal the specific requested modification(s), if any, to the terms and conditions in SCAG’s Contract Template . Any request to modify the terms and conditions must also include an explanation or reason for the proposed change. If the proposer does not include the specific requested modification(s) along with the explanation or reason for the proposed change at the time they submit their proposal, SCAG shall not consider, review, allow or accept any deviation from the terms and conditions of SCAG’s Contract Template. If SCAG is unable to negotiate final contract terms and conditions that are acceptable to SCAG, SCAG reserves the right to award the contract to another proposer.
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Please be advised that, SCAG may only consider minor modifications that clarify clauses in its existing contract template, and shall not entertain making major/substantive changes to or removing any clause, specifically:
10. Invoicing for Payment
11. Invoicing Format and Content
15. Penalty
18. Work Products and Related Work Materials
19. Ownership, Confidentiality, and Use of Work Products
27. Indemnity
43. Insurance
CONTRACT LANGUAGE IS SUBJECT TO CHANGE BY SCAG PRIOR TO CONTRACT EXECUTION.
9. SCAG shall only award a contract to a offeror who SCAG determines has an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 2 CFR Part 200, and 48 CFR Part 31 or successors there to.
XI. SCAG RIGHTS
1. SCAG reserves the right to:
A. Disqualify any and all proposals that are not submitted in accordance with the required format described in this RFP;
B. Disqualify any and all proposals that don’t comply with SCAG’s Conflict of Interest Policy; C. Reject any and all proposals submitted;
D. Waive what SCAG deems to be a minor irregularity in a firm’s submission; E. Request additional information;
F. Award all or part of the work contemplated in this RFP; G. Remedy errors in the RFP;
H. Cancel the entire RFP;
I. Issue subsequent RFP;
J. Approve or reject the use of a particular subconsultant/supplier; K. Negotiate with any, all or none of the proposers. If SCAG is unable to negotiate final contract terms and conditions that are acceptable to SCAG, SCAG reserves the right to award the contract to another proposer;
L. Award a contract to other than the lowest priced proposal; M. Award a contract without interviews, discussions or negotiations; N. Award a contract to one or more proposers;
O. Only award a contract or any portion thereof to a firm that possesses a valid business license. Firms must possess the license from any city or state by the RFP due date. SCAG must be provided with a copy of this license, if requested; and P. Only award a contract or any portion thereof to a firm that passes any references checks.
2. If applicable, SCAG reserves the right to have software developed under SCAG’s contract, not incorporate proprietary and/or third party software components. This does not preclude the development of deliverables which interface with commonly-available off-the-shelf software.
However, consultants must determine in advance whether SCAG already has, or is willing to procure, appropriate licenses for any proprietary and/or third party software that would be required. Consultants must also provide the impacts of any enhancements and upgrades. 4 rev 11/06/19
SCAG will require delivery of documentation and source code for all electronic intellectual property developed under a SCAG contract prior to releasing final payment to the consultant.
XII. NOTIFICATION OF RIGHT TO PROTEST CONTRACT AWARD
Proposers have the right to protest the contract award in compliance with SCAG’s Policy on Contract Award Protests, which can be viewed online at SCAG internet home page www.scag.ca.gov under “Doing Business with SCAG.” A written protes t must be filed with
SCAG’s Executive Director, or designee (Chief Operating Officer or Deputy Executive Director) within five (5) working days after posting of the Notice of Intent to Award. SCAG will not accept any verbal protests. The protest must be a detailed, written statement of the protest grounds and reference the RFP number and name of the designated Contracts Administrator.
The protest must be submitted to SCAG’s Executive Director or designee via certified mail using the following address:
Executive Director
Southern California Association of Governments
900 Wilshire Blvd, Suite 1700
Los Angeles, CA 90017-3435
The contract award is held up when SCAG’s Executive Director or designee receives the protest on time. The contract may not be awarded until the protest is either withdrawn or SCAG’s Executive Director or designee has rendered a decision.
5 Attachment 1
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PROPOSAL INFORMATION, ORGANIZATION, AND CONTENT
All proposals shall contain the following information, at a minimum:
1. TITLE PAGE
Provide the following on the Title Page:
• RFP Number
• Title of the Project
• Name and Address of Firm
• Phone Number of Firm - Do not include non-business (personal) phone numbers or address in as this information may become public under the California Public Records Act (see Attachment 10)
• Prime Contact Person
• Email Address of the Prime Contact Person
• Signature of the Individual Authorized/Obligated to Commit the Firm to this Project
Cover letter should be addressed to the attention of the Contract Administrator
2. TABLE OF CONTENTS
• A clear identification of the materials by section and page numbers.
3. TECHNICAL APPROACH
• A statement and discussion of the project objectives, concerns, and key issues. • The technical approach for performing the tasks must include a detailed Scope of Work along with the process for executing the requirements and objectives of the project. • A discussion of the difficulties expected or anticipated in performing the tasks, along with a discussion of how the consultant proposes to overcome or mitigate against those difficulties. • A detailed schedule for completion of the work, including performance and delivery schedules indicating phases or segments of the project, milestones, and significant events. • A statement of the extent to which the consultant’s proposed approach and Scope of Work will meet or exceed the stated objectives discussed in this RFP. Furthermore, a discussion of how the consultant would modify the project, and/or schedule to better meet these objectives.
4. LINE ITEM BUDGET (COST PROPOSAL)
• Proposals must include a Line Item Budget in the format and detail shown in Attachment 5 (in United States currency).
Upload your Cost Proposal as a separate Excel file i n PlanetBids (from the rest of your proposal) using the SCAG Line Item Budget. Template available at SCAG’s Website http://scag.ca.gov/opportunities/Pages/BusinessWithSCAG.aspx.
5. PROFILE OF FIRM
• A statement indicating if the firm is local or national and a summary of representative experience relevant to the work described in the Scope of Work for this RFP. • The location and telephone number of the office from which the work is to be done. • Identification of the individuals who will perform the work, including officers, project manager and key staff. State the time commitment and include resumes for key individuals. Do not include social security numbers, non-business (personal) phone numbers or address in a resume as this information may become public under the California Public Records Act (see Attachment 10).
6 Attachment 1
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6. REFERENCES
• Provide a list of at least three references, including the names of contact persons within the firms.
References should not include any SCAG staff or SCAG Regional Council Members.
7. REQUIRED FORMS
• The Debarment and Suspension Certification (Attachment 6) must be fully completed by all parties to the proposal (prime and all subconsultants).
• The SCAG Conflict of Interest Form (Attachment 7) must be fully completed by all parties to the proposal (prime and all subconsultants).
• All proposers must ensure that they have fully completed a Vendor Information Form (Attachment 9).
• All proposers must fully complete the Notice Regarding California Public Records Act (Attachment 10) – regardless of whether or not proposer is requesting to exempt proposal from disclosure under the California Public Records Act.
The selected consultant may be required to complete a Federal Form W-9 (for payment purposes) which may also be obtained on-line at www.scag.ca.gov under “Doing Business with SCAG.”
IMPORTANT NOTE:
The selected consultant (awardee) must be prepared to provide SCAG any of the following documents if requested:
• Time Sheet (that must account for the total activity for which each employee is compensated not just SCAG time)
• Payroll register
• Indirect cost audit
• U.S. federal tax return
7 Attachment 2
Scope of Work
Fullerton Rail District Specific Plan
Introduction
The City of Fullerton is seeking consultant assistance to develop the Fullerton Rail District Specific Plan. The Specific Plan will assist in redevelopment of a 35-acre underutilized legacy industrial area with public land, located within Downtown Fullerton.
The project area includes several historic fruit-packing houses ripe for adaptive reuse as well as the planned terminus of a comprehensive backbone trail and class I bike path connecting the Downtown vicinity to west and north Fullerton. This project will provide a model for other cities across the region, of similar characteristics, to follow in combining land use, transit, and active transportation planning to revitalize an arteriel corridor.
In 2010, the City adopted the Fullerton Transportation Center Specific Plan to rezone the approximately 40 acres surrounding the Fullerton Transportation Center east of S.
Harbor Boulevard (including the Amtrak/Metrolink Station and OCTA Depot) to provide the opportunity for the private development of an urban mixed-use transit oriented district. The Fullerton Transportation Center is a regionally significant passenger train station in that it is a stop for one Amtrak and two Metrolink commuter rail lines. The Specific Plan is focused on creating Fullerton's most sustainable neighborhood 8 promoting the development of green buildings, streets, and public spaces in a compact, walkable community located near public transit. The City seeks stakeholder engagement, conceptual land-use planning, phasing strategies for future land-use development, and infrastructure planning, to start the conversation with the property owners within the project area to develop a new collective vision for the area and begin the multi-phased process for this companion area west of S. Harbor Boulevard. As the study area is located adjacent to a regionally significant train station, growth in new residents and employees will impact both north Orange County, as well as southern Los Angeles County, and contribute to regional vehicle miles travelled (VMT) reductions due to an increase in transit usage.
The City’s general plan, The Fullerton Plan, contains the following policies supporting development of livable corridors:
Reflect The Changing Population And Demand
P1.9 Create housing types consistent with market demand for housing choice.
P3.4 Facilitate infill development.
Focus New Growth Around Transit
P1.7 Promote a development pattern that encourages a network of multi-modal transportation options.
P3.5 Encourage mixed use development to further enhance the viability and success of residential development in key focus areas.
Plan for Growth Around Livable Corridors
P1.4 Improve connections between housing, shops, work places, schools, parks and civic facilitates, and integrate uses were possible and appropriate.
P5.11 Integrate land use and transportation planning and implementation.
Provide More Options For Short Trips
P5.7 Maintain a balanced multi-modal transportation network that meets the needs of all users.
P5.8 Plan for an implement an efficient transportation network that maximizes capacity for person-trips, not just vehicle-trips.
Support Local Sustainability Planning
P1.12 Encourage energy and resource efficient practices in site and building design.
P2.7 Site and design buildings to create a positive, accessible image along the street and reinforce a vibrant and comfortable public realm.
9 Aerial 1.0 – Boundaries of Planning Area
10 Scope of Work
Task 1: Project Planning and Coordination
The Consultant shall manage and oversee all administrative, contractual, and technical aspects of the study to ensure the timely and integrated production of tasks, manage project partner input, and collaboration necessary to achieve the study objectives. The Consultant shall coordinate project management tasks with the client.
Task 1.1: Project Kickoff Meeting
The Consultant will prepare for and conduct an initial, in-person kick-off meeting with SCAG and City staff at the city offices. The meeting will be attended by, at a minimum, the Consultant project manager (PM). This task will include the following:
1. Obtain client-supplied maps, documents, and related information;
2. Review of project objectives, scope of work, and project timelines in relation to separate SB-2 Planning funds secured by City to perform separate project CEQA analysis;
3. Identification of key project contacts and information exchange;
4. Identification of potential stakeholder interviewees;
5. Discussion of general problems, hot spots, and issues to be focused on during the project;
6. Identification of optimal working relationship, in terms of receipt and review of materials, turnaround times, etc.;
7. Discussion of public outreach strategy;
8. Discussion of documents and product (including GIS data and maps) format, organization and graphic presentations;
9. Discussion of project invoicing and contract administration roles/responsibilities.
Task 1.2: Project Coordination
The Consultant will schedule team conference call meetings once a month between City staff, SCAG and the Consultant to ensure good communication on upcoming tasks and to make sure the project remains on time and within budget. (e.g., GoTo Meeting to utilize computer visuals). The Consultant will coordinate with the City to determine the need and frequency for in-person project coordination meetings at the City offices.
Task 1 Deliverable(s)
• Meeting Notes and Refined Project Schedule
• Monthly Meetings Notes associated with Monthly Billing Cycles submitted to SCAG
11 Task 2: Analysis of Existing Information and Site Visit The primary purpose of this effort is to get up to speed on past and current planning efforts and harness the existing data that can be used in the planning process. The Consultant will gather and review existing data that is relevant to this project. This will include, but not be limited to, reviewing City documents such as the General Plan, Zoning Code and Active Transportation Plan (ATP);And reviewing other pertinent information from other agencies, such as Orange County Transportation Authority, SCAG, St. Jude Medical Center, and Elementary/Fullerton School District. The Consultant will physically tour the study area to create a photographic street-level inventory to be incorporated into the future exhibits produced for other tasks. The inventory will include, but is not limited to, photographs that give a sense of existing roadway conditions including widths, active transportation infrastructure, and sidewalk conditions. Photographs shall also convey a sense of the types of development including building massing, land uses, parking provision, and landscaping.
Representative images will convey an overall sense of the character of the study area.
Task 2.1: Prepare Base Maps/Existing Conditions Map/Opportunities and Constraints Map
The City will provide a series of base GIS maps of existing data including: parcel lines, street locations/centerlines and street names, land uses, and an aerial photo. The selected Consultant shall use the base maps throughout the project for various mapping and design exhibits. As an overlay to the base maps, the Consultant will prepare existing conditions GIS maps with opportunities/constraints illustrating significant site features including, but not limited to, infill opportunities, activity centers, zoning districts, historic districts/structures, street typologies (multi-model, transit, bicycle, and pedestrian), transit stops, civic and public spaces. These maps will be used for public meetings and discussions.
Task 2 Deliverable(s)
• Digital folder of existing conditions photographs
• Study Area existing conditions GIS maps
• Site features GIS datasets (including Federal Geographic Data Committee (FGDC) compliant metadata)
Task 3: Stakeholder Engagement and Communications
The Consultant shall develop and implement a plan for stakeholder engagement and coordination to ensure that the study assumptions, methodology, analysis, execution, 12 and final recommendations consider and reflect diverse input. Robust efforts shall be taken to build stakeholder consensus around the final recommendations of the study.
Task 3.1: City Council and Planning and Active Transportation Commissions Study Session
The Consultant shall coordinate with the City Manager’s Office to hold a study session lasting a minimum of one hour, with on the project during a regularly scheduled City Council meeting, of which the Planning Commission and Active Transportation Commission are available to attend and comment. Consultant should expect a minimum of 15 attendees. The Consultant shall facilitate the study session to at a minimum discuss the purpose of project, and review the proposed work plan created in Task 1, Project Planning and Coordination, and schedule to obtain the Council and Commissions’ input on concerns, ideals, and expectations for the plan. During the project, City staff will provide periodic updates every three months and seek formal feedback from the City Council, and the Planning and Active Transportation Commissions at applicable milestones to facilitate engagement and consistency of policy direction with the general plan.
Task 3.2: Public Works/Parks and Recreation/Community Development Technical Working Group
The Consultant shall facilitate up to twelve joint technical working group meetings consisting of representatives from the Public Works and Parks and Recreation Departments, as well as Community Development staff, as part of the technical working group for the project. Meeting frequency shall depend on task and could occur as frequently as weekly if requested by the SCAG Project Manager.
Task 3.3: Public Outreach Strategy
The Consultant shall create a public outreach plan. The outreach process shall gather input on the types of uses and street improvements desired and other ideas that the community would like to see in the mixed-use neighborhood development patterns. The Consultant shall include the City Council member whose district the project falls within for recommendations on how to best conduct outreach and provide insight on neighborhood leaders who are critical to involve. Ultimately, public feedback from this process will inform scenario development. A minimum of three sessions shall include, but is not limited to: (1) Meeting with Students in Richman Elementary School which is located in the project area to be arranged by the City with support from the school district; (2) Meeting at either Richman Park, Independence Park or the St. Jude Neighborhood Health Center (all in the project area), to be arranged and publicized by the City of Fullerton and include attendance from St. Jude Medical Center staff or representatives; and (3) additional community meetings at strategic locations to encourage input from a cross-section representative of community demographics. 13 Although there have been several discussions with property owners, specific outreach to the property owners and residents/tenants in and around the study area has not yet occurred. A combination of stakeholder workshops and small group meetings as well as online surveys can be successful.
Teleconferencing will be needed to facilitate
participation by out-of-state property owners and those unable to attend meetings. The Consultant will be responsible for flyer/email preparation and design.
The Consultant will be responsible for hosting a project website. Throughout the project, the Consultant will consider what content would be relevant to post on the project website. At the beginning of the project, the Consultant shall provide summary content to populate the website with information about the project purpose, schedule, and opportunities for feedback and engagement. Throughout the project, the Consultant shall work with the City to determine the deliverables or work products suitable for online dissemination. The Consultant will provide graphics, layout, and content for the project website on an ongoing basis. The material will focus on highly graphic content and simple wording that is accessible to people unfamiliar with urban planning. The City will place a link to the project on the City website.
The City will provide assistance in securing locations and setting up these meetings.
The Consultant shall provide mailing labels and deliver notices via mail to property owners and occupants within this area. The Consultant shall provide Spanish interpretation services at all public participation meetings and translation of all written meeting announcements and key documents (e.g., summary sheets of outcomes).
Depending on the mutually agreed upon order of tasks and the public outreach plan, the Consultant shall use the 3D renderings created for Task 4.2 to help stakeholders understand the proposed development in relation to the existing built environment.
Consultant shall provide a summary report of outreach efforts (including information regarding stakeholder interviews and public outreach efforts) for transmission to the City Council.
Task 3 Deliverable(s)
• Attendance at Study Session
• Materials to facilitate Study Session
• Memo on Study Session outcomes
• Materials to facilitate Working Group
• Memo on Working Group outcomes
• Outreach and communications plan
• Project website graphics and content
• Facilitating of a minimum of three outreach events
• Meeting agendas and Meeting notes
14 • Spanish translation and interpretation services
• Outreach Summary Report
Task 4: Market Analysis and Pro-Forma Development
Task 4.1: Market Evaluation
Based upon desired mixed-used neighborhood development patterns as identified through the public participation process and Consultant recommendations, the Consultant shall develop market analyses and development pro formas for four scenarios: (1) Commercial only, to demonstrate anticipated rate of change, based upon retention of the current zoning; (2) Mixed-use, medium density residential, to evaluate the likelihood of investment, based upon only modest densities; (3) Mixed-use, with identification of the minimum threshold with a mixture of densities, including medium and high density, that would be expected to stimulate free-market investment while remaining sensitive to adjacent lower density neighborhoods; and (4) Status quo assuming no changes to existing zoning. The City will use the results of the market evaluation to select the preferred scenario to move forward with Task 4.2 scenario development.
Task 4.2 Urban Design Visualizations
Following selection of the preferred scenario, the Consultant shall prepare the following visualizations: (1) Eight Streetscape Plans; (2) Eight Street Cross Sections; (3) Six Planning-Level illustrations; and (4) Four 3D representations of the development intensity in context with the existing built environment. The streetscape plans and street cross sections visualizations shall include a multi-use trail. Depending on the mutually agreed upon order of tasks and the public outreach plan, the Consultant shall use the 3D renderings to help stakeholders understand the proposed development in relation to the existing built environment.
Task 4 Deliverable(s)
• Study Area Market Analysis
• Development pro formas based upon real world financials for three scenarios (not including status quo scenario)
• Realistic development timeline
• Three (3) Streetscape Plans and related data
• Three (3) Street Cross Sections and related data
• Six (6) Visualizations of project area and related data • Four (4) 3-D renderings
15 Task 5: Implementation Documents
Task 5.1 Conceptual Land-Use and Infrastructure Improvement Plans and Strategies for Future Land-Use Development
Based on the potential development scenario, the Consultant shall prepare and draft conceptual land-use and recommendations for development prototypes and site planning, including zoning code and general plan amendments, which would be necessary to offer design standards for the City’s preferred scenario. This will include looking at existing historic structures and assessing what amendments would be required to enable mixed use development.
Task 5.2 Neighborhood Development Standards
Based on the feedback generated during the public outreach activities in Task 3.3, the Consultant shall prepare a manual for Neighborhood Development Standards that will guide future development in the area.
Task 5 Deliverable(s)
• Memo on proposed zoning code and general plan amendments • Conceptual land-use plan and related data
• Phasing strategies for future land-use development
• Infrastructure improvement plan
• Neighborhood Development Standards Guidebook in both word and pdf formats
Task 6: Final Report and City Council Presentation
Following completion of the deliverables, it is anticipated that the information will be presented to the City Council, seeking direction on next steps to pursue the land-use changes (zoning and general plan) and infrastructure improvements. Specifically, the conceptual land-use plan, phasing strategies for future land-use development, and the infrastructure improvement plan will be the basis for a subsequent specific plan, overlay zone, or other zoning tool and the corresponding capital improvement program. The City has experience with a similar multi-phased process with the adoption in 2010 of the Fullerton Transportation Center Specific Plan following a 2005 Downtown Strategy.
Task 6.1: City Council, Planning Commission, and Active Transportation Committee Presentation Materials
16 The Consultant shall summarize, process and prepare presentation materials for the draft development scenario as a packaged vision statement for the joint City Council, Planning Commission, and Active Transportation Committee presentation. The Consultant shall anticipate preparing presentation materials and conducting presentations in conjunction with City staff. For the City Council meeting, the audience will be City Council, as well as members of the public—some of whom would live in the project area and others who may be interested parties to the project. Topics for the presentation may include all aspects of the project. The Consultant shall coordinate with the City on the level of project detail covered in the presentation. If this meeting takes place during the time frame of the project schedule, then the Consultant will attend and present the material during a minimum thirty minute session. The Consultant shall explain: (1) Development pro forma, to clearly explain “real world” financials and the likelihood of free-market investment; and (2) visual possibilities (Task 4.2).
Task 6.2: Planning Commission Hearing(s)
Adoption of a new land use program for the project area would require a noticed public hearing process including a recommendation by the Planning Commission to the City Council following the separate required analysis pursuant to the California Environmental Quality Act (CEQA). The City will lead notice of the public hearing and its report writing. The Consultant will prepare presentation materials for up to two (2) Planning Commission hearings during a minimum thirty minute session to present the project documents and next steps. Topics for these presentations may include all aspects of the project. The Consultant shall coordinate with the City on the level of project detail covered in the presentation. If these meetings takes place during the time frame of the project schedule then the Consultant will attend and present the material.
Task 6.3: City Council Hearing(s)
Consultant will prepare for and attend one City Council hearing during a minimum thirty
minute session if the meeting is held during the contract period to present the draft final report documents.
Task 6.4: Prepare Final Documents
Consultant will incorporate final edits from adoption pages and print 15 hard copies of the final adopted (or final draft) documents and provide electronic copies (PDF format) for Community and Economic Development City Webpage.
Task 6 Deliverable(s)
• Vision Statement for each development scenario
17 • Presentation materials for City Council, Planning Commission, and Active Transportation Committee
• Prepare PowerPoint/Visuals/Handouts and attend hearing if scheduled during the timeframe of the contract
• Assist City Staff in presenting Public Draft Documents at up to two Planning Commission hearings
• Prepare PowerPoint/Visuals/Handouts for up to two meetings and attend if scheduled during the timeframe of the contract
• 15 hard copies, one copy in editable MS Word format, and one electronic print- ready copy of the documents
18 Attachments 3 & 4
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PROPOSAL / INTERVIEW EVALUATION FORM
RFP No. 20-063
Sustainability Project: Fullerton Rail District Specific Plan
Partner Organization: City of Fullerton
Consultant Name:
Evaluation Criteria
Max.
Possible
Points
Points Earned
Comments Proposal Interview
SATISFIES REQUIREMENTS
• Tasks & approach clearly described
• Project intent has been met
10 Strength(s):
Weakness(es):
INCLUSIVE OUTREACH
• Creative/innovative approach
• Ability to communicate with underserved
communities
• Provides translation/interpretation services
15 Strength(s):
Weakness(es):
CONSULTANT FIRMS:
Prime Consultant:
• Experience with projects of similar size and
scope
Sub-Consultants (if any):
• Each sub provides unique service(s) to the team
• Subs are fully capable of performing their tasks
15 Strength(s):
Weakness(es):
PROJECT MANAGEMENT
• Realistic schedule with available resources
• Good Prime/Sub integration
• Addresses quality assurance/quality control
15 Strength(s):
Weakness(es):
PROJECT COST
• Realistic cost and value for services to be
performed (not necessarily lowest)
30 Strength(s):
Weakness(es):
TECHNICAL INNOVATION
• Creative/innovative approach
• Experience with similar projects
• Understanding of strategic regional context
15 Strength(s):
Weakness(es):
TOTAL 100
Name of Evaluator (print): Agency:
Signature of Evaluator: Date:
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LINE ITEM BUDGET (Cost Proposal) INSTRUCTIONS
1 . SCAG uses the Line Item Budget to assess the fairness and reasonableness of a proposer’s costs. Once SCAG awards a contract, the negotiated Line Item Budget serves as the basis for reimbursing the proposer (includes Cost Plus as well as Fixed Price contracts).
2. SCAG shall only award a contract to a offeror who SCAG determines has an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31 200 or successors thereto.
3. All proposers must submit a Line Item Budget using the exact format shown on the following page, or may risk having their proposal disqualified.
Upload your Cost Proposal as a separate Excel file i n PlanetBids (from the rest of your proposal) using the SCAG Line Item Budget. Template is available at SCAG’s Website http://scag.ca.gov/opportunities/Pages/BusinessWithSCAG.aspx.
Disclaimer – Each proposer is responsible for all mathematical ca lculations and information provided on the Line Item Budget template.
4. Many items that may be normal business costs and tax deductible may not be allowable under Federal and State contract rules (e.g., dues, advertising, contributions, bad debts, interest expense, meals, and entertainment). For a complete listing, see 48 CFR Part 31 and 2 CFR Part 200 or successors thereto.
All costs must be allowable and consistent with Federal cost principles under 2 CFR Part 200 or successors thereto. Please be aware that the cost-plus-a-percentage-of-cost bid/offer method, where the proposer’s profit is a percentage of the reimbursed costs on a project, is not allowed under Federal rules.
Also, contingency fees are not allowed.
5. Costs shall be structured as follows:
A. Direct Labor:
• Direct labor, overhead, and fringe benefits must be shown as separate dollar amounts (United States currency) in the Line Item Budget. Prior to contract award, proposer (awardee) must substantiate the rate (i.e., with payroll register or similar, or U.S. federal tax return…) if SCAG requests it. Only include employees (i.e., staff that you will issue a W-2 to). Do not include sub-consultants in your Direct Labor (or Overhead, Fee and Other Direct Costs). Include all cost for sub-consultants under the Sub-consultants category. • Identify Key Personnel by both name and title (e.g., Mary Smith, Sr. Planner). Place an asterisk (*) next to the name(s) of any Key Personnel. Other professional or support/administrative staff may be identified by title only. • The labor rate quoted for each position in the Line Item Budget must be the maximum rate that is expected to be paid during the term of the contract, inclusive of any rate increase (e.g. merit, cost-of-living, etc.). If SCAG awards a Cost Plus Fixed Fee contract, SCAG will only pay the selected consultant the actual rate paid to the person in a position, and all rates must be traceable to and supported by payroll records.
• Note: For Lump Sum contracts, SCAG uses the labor and overhead rates quoted in the proposer’s Line Item Budget to evaluate the proposed price for each task and cumulatively.
Once SCAG has negotiated a final Line Item Budget, during the life of the contract, SCAG intends to pay the selected consultant upon percent of completion of each task (unless otherwise 20 Attachment 5
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agreed to), regardless of the actual cost to complete the task, provided the cost is allowable and allocable, and complies with federal rules and regulations.
B. Overhead:
• The overhead rate quoted must be the rate that is expected for each Fiscal Year during the life of the contract. Prior to contract award, proposer (awardee) must substantiate the rate (i.e., with an indirect cost audit or U.S. federal tax return…) if SCAG requests it.
C. Fixed Fee:
• Fee/Profit is calculated on Direct Labor, Overhead and Fringe Benefits only, not on Subconsultants or Other Direct Costs. Prior to contract award, proposer (awardee) must substantiate the fee if SCAG requests it.
D. Other Direct Costs (ODCs):
• ODCs must be fully substantiated prior to contract award. If the contract is subject to a pre- award audit (see bullet 6 below), SCAG will review support for ODCs similar to that done for Direct Labor, Overhead, and Fringe Benefits. If SCAG awards a Cost Plus Fixed Fee contract, during the life of the contract, SCAG will require back-up documentation with the monthly invoices to substantiate ODCs.
• All travel costs must be reasonable, and are limited to those rates stated under California’s State Department of Personnel Administration rules, (subject to change) posted at:
http://www.dot.ca.gov/hq/asc/travel/ch12/1consultant
.htm, or successors thereto.
E. Subconsultants:
• Identify the Direct Labor, Overhead, Fixed Fee and ODCs in the same format as for the Prime.
6. SCAG’s Pre-award Audit Requirements are as follows:
Contracts less than $250,000 may require a pre-award audit; those at $250,000 or more will require a pre-award audit. SCAG’s pre-award audit requirements are available at http://www.scag.ca.gov/opportunities/Pages/BusinessW
ithSCAG.aspx. The selected consultant
(awardee) must be prepared to provide an indirect cost audit or U.S. federal tax return, if SCAG requests.
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LINE ITEM BUDGET
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TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
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FP No. 20-063
1) All persons or firms, including subconsultants, must complete this certification and certify, under penalty of perjury, that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
b) Have not, within the three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of Federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses listed in subparagraph (1)(b) of this certification; and
d) Have not, within the three (3) year period preceding this certification, had one or more public transactions (Federal, state, and local) terminated for cause or default.
2) If such persons or firms later become aware of any information contradicting the statements of paragraph (1), they will promptly provide that information to SCAG.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining proposer/bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of actions.
_________________________________
Name of Firm
_________________________________
Signature (original signature required)
_________________________________
Date
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SCAG CONFLICT OF INTEREST FORM
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FP No. 20-063
SECTION I: INSTRUCTIONS
All persons or firms seeking contracts must complete and submit a SCAG Conflict of Interest Form along with the proposal. This requirement also applies to any proposed subconsultant(s). Failure to comply with this requirement may cause your proposal to be declared non-responsive.
In order to answer the questions contained in this form, please review SCAG’s Conflict of Interest Policy, the list of SCAG employees, and the list of SCAG’s Regional Council members. All three documents can be viewed online at www.scag.ca.gov. The SCAG Conflict of Interest Policy is located under “OPPORTUNITIES”, then “Doing Business with SCAG” and scroll down under the “CONTRACTS” tab; whereas the SCAG staff may be found under “ABOUT” then “Employee Directory”; and Regional Council members can be found under “ABOUT”, then scroll down to “ELECTED OFFICIALS” on the left side of the page and click on “See the list of SCAG representative and their Districts.”
Any questions regarding the information required to be disclosed in this form should be directed to SCAG’s Deputy Legal Counsel, especially if you answer “yes” to any question in this form, as doing so MAY also disqualify your firm from submitting an offer on this proposal
Name of Firm:
Name of Preparer:
Project Title:
RFP Number: Date Submitted:
SECTION II: QUESTIONS
1. During the last twelve (12) months, has your firm provided a source of income to employees of SCAG or members of the SCAG Regional Council, or have any employees or Regional Council members held any investment (including real property) in your firm?
YES NO
If “yes,” please list the names of those SCAG employees and/or SCAG Regional Council members and the nature of the financial interest:
Name Nature of Financial Interest
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2. Have you or any members of your firm been an employee of SCAG or served as a member of the SCAG Regional Council within the last twelve (12) months?
YES NO
If “yes,” please list name, position, and dates of service:
Name Position Dates of Service
3. Are you or any managers, partners, or officers of your firm related by blood or marriage/domestic partnership to an employee of SCAG or member of the SCAG Regional Council that is considering your proposal?
YES NO
If “yes,” please list name and the nature of the relationship:
Name Relationship
4. Does an employee of SCAG or a member of the SCAG Regional Council hold a position at your firm as a director, officer, partner, trustee, employee, or any position of management?
YES NO
If “yes,” please list name and the nature of the relationship:
Name Relationship
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5. Have you or any managers, partners, or officers of your firm ever given (directly or indirectly), or offered to give on behalf of another or through another person, campaign contributions or gifts to any current employee of SCAG or member of the SCAG Regional Council (including contributions to a political committee created by or on behalf of a member/candidate)?
YES NO
If “yes,” please list name, date gift or contribution was given/offered, and dollar value:
Name Date Dollar Value
SECTION III: VALIDATION STATEMENT
This Validation Statement must be completed and signed by at least one General Partner, Owner, Principal, or Officer authorized to legally commit the proposer.
DECLARATION
I, (printed full name) _________________________________, hereby declare that I am the (position or title) ______________________________ of (firm name) ______________________________, and that I am duly authorized to execute this Validation Statement on behalf of this entity. I hereby state that this SCAG Conflict of Interest Form dated ___________________ is correct and current as submitted.
I acknowledge that any false, deceptive, or fraudulent statements on this Validation Statement will result in rejection of my contract proposal.
Signature of Person Certifying for Proposer
(original signature required)
Date
NOTICE
A material false statement, omission, or fraudulent inducement made in connection with this SCAG Conflict of Interest Form is sufficient cause for rejection of the contract proposal or revocation of a prior contract award.
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DISADVANTAGED BUSINESS ENTERPRISE (DBE) INFORMATION
RFP No. 20-063
The requirements of 49 Code of Federal Regulations (CFR) Part 26 applies to this RFP.
DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”).
The Consultant should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
DBE DEFINITION
A DBE is a-for-profit “small business concern” that is at least 51 percent owned and controlled by one or more socially and economically disadvantaged individuals. One or more such individuals must also control the management and daily business operations. These individuals must be citizens (or lawfully admitted permanent residents) of the United States and (1) any individual who a recipient finds to be a socially and economically disadvantaged individual on a case-by-case basis, or (2) who are either Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian Americans, women, or any other group found to be socially and economically disadvantaged by the Small Business Administration.
DBE PARTICIPATION AND GENERAL INFORMATION
It is the proposer’s responsibility to be fully informed regarding their requirements of 49 CFR, Part 26.
Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP)
B. A certified DBE may participate as a prime consultant, subconsultant, or as a vendor of material or supplies.
C. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55; that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work.
D. A prime consultant who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non-DBE subconsultant.
DBE CONTRACT GOAL
SCAG has not established a goal for this contract. However, proposers are encouraged to obtain DBE participation for this contract.
DBE SOURCES
Consultants interested in locating DBE subconsultants may refer to the following source:
Statewide DBE Database of the CUCP (California Unified Certification Program):
http://www.californiaucp.com/
Click on “Directory”
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Also, the following agency may be contacted for assistance in locating DBE firms in California:
Caltrans Office of Certification
1-866-810-6346
DBE CERTIFICATION
The DBE firm must hold a current California Unified Certification Program (CUCP) DBE certification at the time of proposal submission. DBE certifications outside of California will not be accepted. Firms that are DBE certified outside of California may apply for a CUCP DBE certification by contacting one of the certifying agencies listed at: http://californiaucp.org/ 28 Attachment 9
Vendor Information
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SECTION 1. GENERAL CONTACT INFORMATION
Primary Contact
Title
Telephone No. Fax No.
E-mail Address
Company Website Address
SECTION 2. REMITTANCE ADDRESS (IF DIFFERENT FROM FORM W-9)
Company Name
Address
City State Zip Code
Telephone No. Fax No.
SECTION 3 PROPOSER’S/BIDDER’S LIST INFORMATION (REQUIRED)
Is your firm a Disadvantaged
Business Enterprise (DBE)? Yes No
As defined in Title 49 Part 26.11 of the Code of Federal Regulations, complete the required information below regardless of whether your firm is a DBE or non-DBE:
Age of Firm:
Annual Gross Receipts (select one):
Less than $1 Million $5 Million – $10 Million $15 Million – $17.4 Million $1 Million – $ 5 Million $10 Million – $15 Million $17.4 Million +
A COPY OF THE FIRMS DBE CERTIFICATION MUST BE PROVIDED TO QUALIFY AS A DBE.
For vendors located within the Southern California region, certification must be from one of the agencies listed below.
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)
Civil Rights MS 79, 1823 14th Street ,Sacramento, CA 95814 Phone: (916) 324-1700 or (866) 810-6346, Fax: (916) 324-1862, website: caltrans.ca.gov
CITY OF LOS ANGELES
Office of Contract Compliance, Centralized Certification 1149 S. Broadway Street, Suite 300, Los Angeles, CA 90015 Phone:(213) 847-6480, Fax: (213) 847-5566, website: bca.lacity.org
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) Diversity and Economic Opportunity Department
One Gateway Plaza, Los Angeles, CA 90012
Phone: (213) 922-2600, Fax: (213) 922-7660, website: mta.net
If you believe you qualify as a DBE but are not certified, you may want to contact one of the certifying agencies listed at http://californiaucp.org/ to initiate the certification process.
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SECTION 4. COMMODITY CODE
Check all boxes of the commodity codes that apply to your company’s particular areas of expertise.
General Goods & Services
NIGP DESCRIPTION NIGP DESCRIPTION NIGP DESCRIPTION 60001 Painters 60204 Telecommunications 60720 Paper, Fine 60007 Electrical 60233 Appliances 60730 Trophies & Awards 60008 Plumbing 60400 Audio Visual Equipment 60863 Temporary Staffing 60009 Small General Contractors 60401 Audio Visual Supplies 60875 Registrations (Training/Seminars) 60016 Security Systems 60402 Video Equipment 61000 Office Supplies 60017 H V A C Contractors 60545 Moving & Storage 90640 Graphic Design Services 60030 Sound Systems & Electronics 60637 Lease – Equipment 90640.1 Image Setting 60102 Postage & Courier Services 60637.1 Lease – Building 90640.2 Premium/Promotional Items 60102.1 Postage Machines 60638 Maintenance Agreement 96600 Printing & Related Services 60104 Memberships(Professional) 60640 Copiers/Mimeo/Dupl. 96115 Catering & Concessions 60105 Subscriptions (Periodicals) 60670 Furniture – Office 96115.1 Coffee & Tea Services 60200 Computer Hardware 60700 Typewriters & Supplies 96115.2 Bottled Water 60201 Computer Software 60701 Office Machines 96618 Copying/Reproduction Services 60202 Computer Supplies 60702 Office Machine Supplies 91528 Mailing Services & Electronic Info. 60203 Computer Services 60710 Stationary Supplies
Other
Professional/Consulting Services
NIGP DESCRIPTION NIGP DESCRIPTION NIGP DESCRIPTION 60012 Architects, Engineer 91840 Employee Benefits Consulting 91892.1 Growth Visioning Planning 90868 Project Management 91843 Environmental Consulting 91893 Security/Safety Consulting 91804 Accounting/Auditing/Budgeting 91846 Feasibility Studies 91894 Traffic Consulting 91804.1 Organizational, Financial, & Performance
Audits/Project Management Services
91849 Finance/Economic Consulting 91895 Telecommunications Consulting 91858 Government Consulting 91896 Transportation Planning Consulting 91806 Administrative Consulting 91858.1 Government Relations 91896.1 Highway Corridor Analysis 91806.1 Administrative Services 91858.2 Institutional Analysis 91896.2 Rail Planning & Analysis 91812 Modeling-Analytical Studies & Surveys 91863 Housing Consulting 91896.3 Transit & Non-motorized Planning & Analysis 91812.1 Survey and Data Collection 91865 Human Relations Consulting 91812.2 Travel Demand Model Improvement 91866 Human Resources Consulting 91896.4 Transportation Management & Coordination
91812.3 Geographic Information System 91866.1 Executive Search 91812.4 Software Support for Studies & Surveys 91866.2 Insurance Broker Services 91896.5 Truck Lane Analysis/GoodsMovement
91812.5 Regional Data Systems 91874 Legal Consulting 91896.6 Transportation Financing 91817 Aviation Consulting 91874.1 Legislative Services 91896.7 Transportation & Economic Development
91826 Communications: Public Relations
Consulting
91874.2 Alternative Dispute Resolution 91896.8 Transportation Investment Analysis 91828 Computer Hardware Consulting 91875 Management Consulting 91896.9 Transportation Modeling Support 91828.1 Computer Service Center 91875.1 Organization & Staff Development 91897 Gas, Water, Electric Consulting 91829 Computer Software Consulting 91876 Marketing Consulting 91897.1 Air Quality Planning & Modeling 91829.1 Information Systems 91876.1 Social Economic Impact Analysis 91897.2 Water Supply Analysis 91829.2 Unix Systems Support 91876.2 Social Justice/Equity Analysis 96175 Translation Services 91829.3 Macintosh Computer Technical Support 91879 Minority & Small Business Consulting 91892 Urban Planning Consulting 91837 Economy Analysis Consulting 91883 Organizational Development Consulting 91838 Education & Training Consulting 91885 Personnel/Employment Consulting Other
SECTION 5. F O R M SUBMISSION
Include this form in your proposal
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Notice Regarding California Public Records Act
Section ❶❶ ❶❶ - Summary
A proposal submitted in response to this RFP will be subject to public disclosure pursuant to the California Public Records Act, Cal. Gov. Code section 6250 et. seq., (the “Act”). The Act provides generally that all records relating to a public agency's business are open to public inspection and copying, unless specifically exempt from public disclosure under one of several exemptions set forth in the Act. If you believe that any portion of your proposal is exempt from disclosure under the California Public Records Act, you must: 1). Mark such portion “TRADE SECRET,” “CONFIDENTIAL,” or “PROPRIETARY,” within you proposal; 2). Complete Section ❷❷ ❷❷ below, and 3). Include this Attachment 10 in your submittal, or your proposal will be subject to public disclosure under the Act. Proposals marked “TRADE SECRET,” “CONFIDENTIAL,” OR “PROPRIETARY” in their entirety will not be honored, and SCAG will not deny public disclosure of proposals so marked. By submitting a proposal with specific material marked “TRADE SECRET,” “CONFIDENTIAL,” or “PROPRIETARY,” you represent you have a good faith belief that the material is exempt from disclosure under the Act; however, such designations will not necessarily be conclusive. You may be required to further justify in writing why such material should not, upon request, be disclosed by SCAG under the Act. Fee and pricing proposals are not considered “TRADE SECRETS”, “CONFIDENTIAL”, or “PROPRIETARY”.
If SCAG denies disclosure, then by submitting your proposal you agree to reimburse SCAG for, and to indemnify, defend, and hold harmless SCAG, its officers, fiduciaries, employees, and agents from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs, and expenses including, without limitation, attorneys' fees, expenses and court costs of any nature whatsoever (collectively, “Claims”) arising from, in connection with, or relating to SCAG’s non-disclosure. By submitting your proposal, you also agree to defend, indemnify, and hold harmless SCAG from and against any and all Claims arising from, in connection with, or relating to SCAG’s public disclosure of any such designated portions of your proposal if SCAG reasonably determines disclosure is deemed required by law, or if disclosure is ordered by a court of competent jurisdiction.
Section ❷❷ ❷❷ - Exemption Request
Page Number of
Proposal Brief Explanation for the Exemption Under the Act and any Other Comments
Attach additional pages as necessary
Check here if proposer claims no exemption
Signature: ______________________________________________ Date: ____________________
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