AGREEMENT WITH CUMMING MANAGEMENT GROUP IN C. FOR CLIMATE ACT ION
PLAN UPDATE SERVICES
THIS AGREEMENT is made and entered into on this 1st day of October, 2024 by and Cumming Management Group (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On A
pril 5, 2024, the City issued Request for Proposal (“RFP”) No. 24-044, by which it sought qualified firms to provide services in updating the City’s Climate Action Plan (CAP).
B. C
ontractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-044.
C. I
n undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field.
NOW
THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCO
PE OF SERVICES
Cont
ractor shall perform the services described in the scope of work that was included in RFP No. 24-044, which is attached as Exhibit A.
2. COM
PENSATION
a. Cit
y agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, Contractor’s Cost Proposal submitted with its RFP response. The total amount to be expended during the term of Agreement shall not exceed $495,066, including any extensions. The total amount is allocated as: ( 1) a base rate of $450,060; and ( 2) a contingency in the amount of $45,006 for additional and as -needed services, to be exercised at City’s sole discretion.
b. Pa
yment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a three-year term and terminate on September 30, 2027, unless terminated earlier in accordance with Section 16, below. The ter m of this EXHIBIT 2
Agreement may be extended for two, one-year extensions upon a writing executed by the City Manager and City Attorney.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relations hip, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other doc uments or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement, not to include Contractor’s work papers (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor.
a. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with a limit no less than $1,000,000 combined single limits.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
1. Additional Insured Status: The City, its City Council, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Contractor’s CGL, Professional Liability, and Automobile Liability policies, with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
2. Waiver of Subrogation: Insurance company (or companies) agree to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.
3. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor ’s insurance and shall not contribute with it.
4. Severability of Interest: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, voided, reduced in coverage or in limits, non- renewed by the carrier, or materially changed except after thirty (30) days pri or written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Hailey Gilbert, 20 Civic Center Plaza, M -36, Santa Ana, 92701. The name and location of project must be included in the Description of Operations section of each certificate.
7. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
8. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
9. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
10. Claims Made Policies: If any of the required policies provide coverage on a claims - made basis:
a. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
11. Subcontractors: Contractor shall require and verify that all sub- contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors.
12. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its City C ouncil, officers, officials, agents, employees, c ontractors, special counsel, volunteers, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or eq uitable relief is due by reason of material breach of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the material breach of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel t o be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from the material breach of this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. City agrees to reimburse Contractor for the costs of defense that Contractor incurs on the City’s behalf to the extent that a trier of fact ultimately determines that Contractor is not liable for the loss.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including cost s, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents cr eated pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall includ e all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non- use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to inform ation disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor , Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and a ny such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product (s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other b reach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity , interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
d. The Contractor has not been engaged to perform any services which constitute the practice of architecture or engineering and is not assuming any responsibilities for design. e. Notwithstanding any other provisions of this Agreement, and to the fullest extent permitted by law, neither Party shall be liable to the other for any incidental, special, indirect or other consequential damages incurred due to the fault of the other Party, regardless of the nature of the fault or whether it was committed by the City or Contractor, or their employees, subconsultants, or subcontractors. Consequential damages include, without limitation, liability for loss of profits or loss of production, loss of goodwill, however the same may be caused.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Contractor:
Cumming Management Group Inc.
Attention: Christine Marez, Senior Vice President
120 Vantis Drive, Suite 510
Aliso Viejo, CA 92656
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
[Signatures on following page]
CITY OF SANTA ANA
INTRODUCTION/BACKGROUND
In December of 2015, the City of Santa Ana City Council approved the City’s first Climate Action Plan (CAP), which described how greenhouse gas (GHG) emissions within the City of Santa Ana were to be reduced in accordance with statewide targets through the implementation of certain mitigation measures.
The measures established in the CAP were projected to accomplish the goals of a 15% reduction in community-wide emissions by 2020 and nearly reach a 30% reduction by 2035. The CAP measures affecting municipal operations were projected to accomplish goals of 30% reduction by 2020 and a 40% reduction by 2035. The CAP can be found on the Climate Action page of the City’s website:
https://docs.google.com/viewerng/viewer?url=https://storage.googleapis.com/proudcity/santaanaca/upl oads/2022/03/Climate-Action-Plan.pdf
The CAP outlined greenhouse gas (GHG) reduction measures for the following GHG emission producing sectors: Transportation and Land Use, Energy, Solid Waste, Water, and Wastewater. Since the CAP’s adoption, the City has implemented several measures that likely have resulted in a decrease in the City’s GHG emissions.
In the CAP, the City committed to progress reports to track and monitor implementation of the document, which was not completed and will be assessed as part of the deliverables of this scope of work.
The City has since updated the Circulation Element of the General Plan, which includes Complete Streets policies to bring the City in compliance with the Complete Streets Act. The City has also adopted a Pedestrian Master Plan, Facilities Master Plan, Parks Master Plan, and updates to its Bicycle Master Plan. All plans outline and prioritize active transportation, multi -modal mobility, and open space and recreation improvements. The construction of the Orange County (OC) Streetcar will also be finalized by 2025, providing a clean electric transit mode for transit-dependent commuters within Santa Ana. The City has established a Hybrid and Alternative Fuel Vehicle Acquisition Policy to be environmentally sensitive in the purchasing the leasing of vehicles for City use, and is implementing a citywide Smart Water Meter Program with automated meter upgrades to help save water and support sustainability efforts.
MINIMUM REQUIREMENTS AND OBJECTIVES
The consultant or consultant team should have demonstrated experience in completing work on climate action plans/projects in cities or counties which developed mitigation measures/performance standards that considered factors such as topography, infrastructure, climate, transit/active transportation options, and private vs. public land ownership.
1. Staff require a consultant with significant experience in climate action plan development, long term monitoring plans, GHG inventories, index updates and data analysis.
2. Consultant will have demonstrated knowledge of climate equity and the ability to incorporate equity into their analysis.
3. The chosen consultant will be responsive, reliable, excellent at communication and organizations, and demonstrate significant expertise.
4. Flexibility is necessary for ad hoc meetings with departments and City staff that implement the CAP.
5. Occasional need for the Consultant to present to City leadership, City Council, and Mayor’s Office.
EXHIBIT I
SCOPE OF SERVICES
EXHIBIT A
CITY OF SANTA ANA
SCOPE OF WORK:
Climate Action Plan Update
The City of Santa Ana is currently updating the city’s Climate Action Plan (CAP) originally adopted in 2015. Support services under this task include: municipal and City- wide greenhouse gas inventories, baseline and forecasted greenhouse gas inventories (including business-as-usual) subject to goal setting years, strategy and action selection and quantification, strategy and action prioritization, and other technical support services identified through the development of the updated CAP.
Current updates should help to measure the progress of the CAP, build on past successes and provide any necessary revisions, adding or modifying any targets, goals, or measures to reflect current technologies, policies and government mandates.
The anticipated Scope of Work is described below. The consultant proposal narrative should adequately describe consultant’s approach and methodology for achieving the tasks described below.
Task 1: Project Management
Coordinate and schedule regular client communications including project team management and project invoicing.
Assess funding opportunities for CAP update to help inform measure development. Develop clear and actionable governance charter to outline clear roles and responsibilities for different City groups during CAP implementation.
Task 2: Stakeholder Engagement
Develop and implement a public engagement plan that effectively involves interested and affected stakeholders in identifying needs, priorities, and values related to the CAP update. Stakeholders include City Council, the City’s Environmental Justice Action Committee, the City’s Environmental and Transportation Advisory Commission, and Santa Ana businesses and residents. Include strategies to reach groups and individuals traditionally under -represented in local government decision making.
Provide support for implementation of the public engagement plan including, but not limited to, preparation of informational materials and in -person attendance and presentation at all public engagement events and public meetings.
Deliverables: Stakeholder Engagement Plan, Community Engagement Plan, as -needed presentations, and informational materials
Task 3: CAP Revisions
The CAP update should follow guidance from Countywide / Regional Climate Action Planning recommendations, policies, and best practices to update and build upon this effort monitor and reduce GHG inventories. For each focus area, recalibration of clear targets aligned with benefits via the identification of specific targets for 2030 and 2045 with greenhouse gas emissions reductions. The revisions should include an assessment of the feasibility, equitability of implementation and alignment to core benefits, including key actions and supporting actions.
The CAP revision should consider the framework and strategies outlined in the City’s General Plan, align with regional and state Climate Action Plan efforts, and incorporate potential federal, state, or other grant and funding opportunities.
The revisions shall:
• Utilize the latest available GHG inventory data available to the State or County; • Evaluate existing GHG reduction targets
• Develop a list of potential revised and new CAP measures regarding GHG reduction • Update a weighted prioritization matrix for CAP measures
CITY OF SANTA ANA
• Rank climate actions by operational feasibility, community priorities collected through engagement activities and opportunities for equitable implementation • Conduct a benefit-cost analysis of all CAP measures
• Include social equity considerations including policy objectives, program ideas, and generation of green jobs
• Identify opportunities for workforce and community capacity building • Update CAP implementation monitoring procedures, as needed • Prepare appropriate environmental review documentation (if necessary) • Prepare a draft and final CAP document update
Deliverables: SWOT Analysis; Draft CAP update document; Final CAP update document; Workforce Development Plan; and interim draft materials, as needed.
Task 4: Ongoing Monitoring and Reporting
The Consultant shall provide a recommendation on the most straightforward and most effective ongoing monitoring and reporting policies that Staff can use to provide routine updates to various commissions and the City Council including methods to measuring and reporting on the GHG emissions reductions achieved as a result of implementation actions.
Deliverables: Plan for Measuring and Verifying Impact of Measures; Reporting matrix or mechani sm to generate ongoing monitoring and routine reporting.
Task 5: Other Technical Support as Assigned
To support other aspects of this project not specifically included in this scope, but potentially necessary for the success of the project, plan to provide additional services, as needed. Additional support could include, but is not limited to, technological and data utilization, conducting follow-up policy development, quantitative analysis, qualitative analysis, legal and regulatory analysis, and other topics as needed based on direction from City staff. Optional work conducted under this task will be billed on a time and materials basis, but must remain within the agreed upon contract amount.
Analysis and data from platforms such as the EPA’s Enviromental Justice Screen; CalEnviroScreen 4.0; the CDC Environmental Justice Index Map; California Healthy Places Index; etc.
Deliverables: To be determined.
Cost Proposal
PERSONNEL & ROLE HOURLY RATE
Christine Marez, Principal Agent $235
Emma Sorrell, Project Director $230
Katya Balakhovsky, Project Manager $190
Louis Spanias, Sustainability Program Manager $190
Tim Zhang, GHG Manager $195
Morgan Rose, Stakeholder Engagement & Equity Manager $180 Cassidy Wallerstein, Stakeholder Engagement & Equity Coordinator $170
SUBCONTRACTOR LABOR TO AUGMENT THE TEAM AS NEEDED
Jason Pack, VMT & Transportation Lead $345
Paul Herrmann, VMT & Transportation Manager $265
Table 1. Labor Rates
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed enveloped, clearly labeled as “Fee Proposal. ” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work.
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Cumming Group has assessed the proposed scope set forth in Section Exhibit 1 of the RFP . From that assessment we have broken down our estimated fees by task, shown on the next page in Table 2. Task Budget, and our hourly rates shown in Table 1. Labor Rates, below. A labor build-up was completed for each task based on information provided in the RFP , combined with Cumming Group’s experience with other client projects of a similar scope.
The level of effort required for each task was identified and assigned to specific project team members based on their expertise with the task. The total budget and total number of hours required to complete the task were then determined based on individual labor hours and hourly rates, as outlined in Table 1. Labor Rates.
All project activities will be invoiced monthly on a Time and Materials basis in a format approved by the City. Monthly invoices will be supported with detailed information on time billed against the project and a narrative report summarizing accomplishments as further described above in Task 2: Project Management. Our Deltek Vantagepoint timekeeping system will be set up with task-level project codes to ensure accurate tracking and reporting of the contract budget.
EXHIBIT B
WORK TASKS & DELIVERABLES ESTIMATED HOURS ESTIMATED COST TASK 1. PROJECT MANAGEMENT 164 $46,380
TASK 2. STAKEHOLDER ENGAGEMENT 285 $48,775
TASK 3. CAP REVISIONS 837 $164,980
TASK 4. ONGOING MONITORING AND REPORTING 330 $58,175
TASK 5. OTHER TECHNICAL SUPPORT AS ASSIGNED 820 $131,750 HOURS ESTIMATED TO COMPLETE PROJECT 2,436
TOTAL ESTIMATED COST TO COMPLETE PROJECT $450,060
Table 2. Task Budget