NOTICE INVITING PROPOSALS
On-Call Environmental
Planning Services
RFP # PL-19-20-14
The City of Sa nta Clarita is seeking proposals from qualified vendors to select one or more consultants to provide as-needed environmental planning services to comply with the California Environmental Quality Act (CEQA) for developer and City projects.
TABLE OF CONTENTS
PROPOSAL # PL-19-20-14
On-Call Environmental Planning Services
Section………………………………………………………………………….…………………………………………………Page
Notice Inviting RFP .................................................................................................................................. 1
Proposal Instructions .............................................................................................................................. 2
Scope of Work ......................................................................................................................................... 6
Response Format and Selection Criteria ................................................................................................. 10
Contract Agreement (Sample Only) ........................................................................................................ 12
References .............................................................................................................................................. 25
Disclosure Statement .............................................................................................................................. 26
Document Checklist ................................................................................................................................ 27
PROPOSAL # PL-19-20-14 1
CITY OF SANTA CLARITA
REQUEST FOR PROPOSALS
On-Call Environmental Planning Services
PROPOSAL # PL-19-20-14
Proposal responses must be uploaded electronically via PlanetBids before 11:00 AM on February 25, 2020, to the Purchasing Agent of the City of Santa Clarita. Electronic bids may be viewed at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=16840#
Purchasing Contact:
Melody Bartlette
(661) 255-4918
1. Solicitation documents for this proposal may be downloaded from the City’s Purchasing PlanetBids website at http://www.planetbids.com/portal/portal.cfm?CompanyID=16840#. Please refer to the solicitation documents for complete details and proposal requirements.
2. Proposer shall honor proposal prices for One Hundred Twenty (120) days or for the stated contract period, whichever is longer.
3. Proposals must include this Request for Proposal form and be signed by the contractor's authorized representative. This signature acknowledges the proposer has read and understands the requirements contained on pages 1 to 27.
4. The last day for questions will be February 12, 2020, 10:00 AM. Questions should be submitted electronically via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840#
5. The vendor is responsible for the accuracy and completeness of any solicitation form not obtained directly from the City.
6. The specifications in this notice shall be considered a part of any contract made pursuant thereto.
I have, read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above.
Company: Address:
Name (Print): Company Phone No.:
Signature:
Title of Person Signing Proposal:
PROPOSAL # PL-19-20-14 2
A.
PROPOSAL INSTRUCTIONS
On-Call Environmental Planning Services
PROPOSAL # PL-19-20-14
1. ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is the vendor’s responsibility to monitor PlanetBids for release of the addenda prior to submission of the quote to make certain the package is complete and all required addenda are included. This information will be available via PlanetBids . Vendors are cautioned against relying on verbal information in the preparation of proposal responses. All official information and guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by the Agency, will be transmitted via PlanetBids. Addenda must be digitally acknowledged through PlanetBids in addition to a printed and signed version submitted with the proposal. If addenda are not signed and submitted with the proposal response, the proposal may be deemed non-responsive and rejected.
2. AWARDS.
2.1. The City reserves the right waive any informality in any proposal.
2.2. The City may make an award based on partial items unless the proposal submitted is marked “All or none.” Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The list of proposals submitted will be posted on PlanetBids, normally within 24 hours.
3. BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS.
3.1. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the solicitation document does not restrict vendors to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids/quotes/proposals are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supersede any other specifications or requirements cited. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications.
3.2. If you plan on bidding/quoting/submitting a proposal with an alternative or e quivalent product please provide the cut sheet/spec sheet or detailed product description for the proposed product via the PlanetBids Q&A section. For each product proposed documentation provided must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of “equal” products specified in the solicitation. The proposal must also clearly identify the item by brand name (if any), and make/model number. In a ddition, the proposal may include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or
PROPOSAL # PL-19-20-14 3
information available to the City, and clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Staff will provide an answer via PlanetBids if the proposed product will be considered.
3.3. Any alternatives or equivalent product proposals must be made prior to the last day for questions. The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section.
4. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation with the agreement of the successful vendor(s) and the City of Santa Clarita. The lack of exception to this clause in vendor's response will be co nsidered agreement. However, the City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy- back" procurements.
5. DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order.
6. INVOICES. Invoices will be forwarded to:
City of Santa Clarita
CD - Planning
Attn: Andy Olson
23920 Valencia Blvd.
Santa Clarita, CA 91355-2196
Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later.
7. STATE PREVAILING WAGE. This contract is subject to the State prevailing wage requirements of the California Labor Code including, but not limited to, Sections 1770, 1771.5, 1773, 1776 an d 1777.5.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are s et forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. This bid is subject to SB 854 and SB -96.
Contractor shall comply with California prevailing wage laws including, to the extent applicable, Labor Code Section 1720.9. The Contractor is responsible for obtaining a current edition of all California statutes and regulations and adhering to the latest editions of such.
8. PREPARATION. All proposals and required forms must be submitted as instructed in the following document sections uploaded as laid out in the PlanetBids General Attachments Section.
PROPOSAL # PL-19-20-14 4
9. REJECTION. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any vendor who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a vendor who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita.
10. RENEWAL AND PRICING ADJUSTMENT. Contracts entered into pursuant to this RFP may be renewed annually, up to three times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area -Riverside-Orange county area and prevailing wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be requested at least 90 days prior to the expiration/renewal of the contract.
The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjus tment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new contractor.
11. STATE CONTRACTOR'S LICENSE . If requested and in accordance with the provisions of California Public Contract Code Section 3300, the successful vendor shall submit proof of a State Contractor's License with bid response. Failure to possess the specified license shall render the bid as non - responsive and shall act as a bar to award the contract to any bidder not possessing said license at the time of award. As provided for in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to ensure performance under the contract.
12. STATE PREVAILING WAGE. This contract is subject to the State prevailing wage requirements of the California Labor Code including Sections 1770, 1771.5, 1773, 1776 and 1777.5. Pursuant to Sectio n 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Pre vailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/dlsr/pwd. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site.
13. SUBCONTRACTORS. For all projects, the vendor must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project.
PROPOSAL # PL-19-20-14 5
14. SUBMITTING PROPOSALS.
14.1. The response must be submitted on this form and include all forms provided or information requested or required by the scope of work or specifications, (uploaded via PlanetBids)
14.2. All documentation of unit pricing or other cost breakdowns as outlined in th is proposal must be submitted to support the total proposed price.
14.3. Proposals/corrections received after the closing time will not be accepted. The City will not be responsible for proposals not properly or timely, uploaded. Upon award, all submissions become a matter of public record.
15. TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally or in writing at any time without penalty.
The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in PlanetBids.
PROPOSAL # PL-19-20-14 6
B.
SCOPE OF WORK
PROPOSAL # PL-19-20-14
On-Call Environmental Planning Services
1. INTRODUCTION
The City of Santa Clarita (City) requests proposals for on-call environmental consulting services according to the terms and conditions attached. In the preparation of this Request for Proposal the words “Bidder”, “Contractor”, and “Consultant” are used interchangeably.
2. TENTATIVE TIMELINE
EVENT DATE
Solicitation advertisement January 16, 2020
Last day for questions February 12, 2020
Return of proposals February 25, 2020
Evaluations of proposals February 25 – March 5, 2020
Interviews (if necessary) March 9 - 12, 2020
Contract award April 14, 2020
3. OBJECTIVES
The City is seeking to select one or more consultants to provide as-needed environmental planning services to comply with the California Environmental Quality Act (CEQA) for developer and City projects. The following services shall be required:
3.1. To review and/or prepare technical studies and CEQA documents for development projects proposed by private entitlement applicants (e.g. applications for entitlements).
3.2. To prepare technical studies and CEQA documents for the City of Santa Clarita, including but not limited to, annexations, code amendments, and other policies and programs.
3.3. To implement CEQA documents through mitigation monitoring and related services.
3.4. To conduct field monitoring services as needed.
The consultant(s) selected through this pre-qualification process will be contracted for three years, with the option for two one-year extensions.
4. BACKGROUND
The City has expanded considerably through development and annexations over the last several years.
The City anticipates submittal of several development projects over the next few years which will require preparation of CEQA documents. Currently the City establishes individual contracts for environmental reviews on a case-by-case basis. Due to the volume of expected CEQA documents, the City desires to establish an on-call contract with one or more consultants to provide these services.
Individual task orders will be issued on a project-by-project basis under this on-call contract.
PROPOSAL # PL-19-20-14 7
5. DEFINITIONS
CEQA – California Environmental Quality Act
EIR – Environmental Impact Report
IS – Initial Study
MMRP – Mitigation Monitoring and Reporting Program
MND – Mitigated Negative Declaration
ND – Negative Declaration
NOE – Notice of Exemption
RFP – Request for Proposals
6. SUPPLIER RESPONSIBILITIES
6.1. Technical Reports and Peer Review
The consultant(s) shall be responsible for preparing or reviewing technical studies for CEQA documents. Applicants for development projects who need to prepare technical studies will have the option to:
6.1.1. Use a pre-qualified consultant from this list, selected by the City; or,
6.1.2. Submit independent technical studies. If independent technical studies are provided, the City shall, as necessary, select a consultant from this list to peer review these studies.
Where required, the consultant(s) may be asked to peer review other environmental documents, studies, analyses, reports, and/or plans.
6.2. Environmental Documents
The consultant(s) may also be responsible for preparing environmental documents in compliance with CEQA. The selected consultant(s) shall be placed on a pre-qualified list for environmental services. The types of documents which shall be required may include Initial Studies and Negative Declarations or Mitigated Negative Declarations, EIR Addenda, and Subsequent or Supplemental EIRs. These documents are described in the Deliverables section below. The consultant(s) may be asked to provide peer review of City-prepared Notices of Exemption and Negative Declarations.
On a project-by-project basis, the consultant(s) may also be responsible for supporting City staff at public outreach and community meetings with various neighborhood groups and community stakeholders, in study sessions, and at public hearings before the Planning Commission and/or the City Council. This may include providing expert testimony at public hearings.
6.3. Mitigation Monitoring and Reporting
The consultant(s) may also be responsible for supplying mitigation monitoring reporting and monitoring services as needed. This will include reviewing, tracking, and updating MMRP documents as needed, as well as providing incidental field monitoring services.
PROPOSAL # PL-19-20-14 8
6.4. Expertise
The consultant(s) may be consulted for guidance, options, opinions, and strategies related to environmental issues in support of City and private development projects. Consultant(s) should have expertise related to all typical CEQA and environmental topics, including but not limited to, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, noise, public services, transportation, tribal cultural resources, utilities and service systems, and wildfire. The consultant(s) may be asked to provide staff training if necessary.
The City is typically the main point of contact for coordination with other agencies, such as the U.S.
Army Corps of Engineers. However, the consultant(s) may be contracted to support the City in coordination with resource agencies.
7. DELIVERABLES
Selected consultant teams may be expected to provide the following deliverables:
7.1. Technical Reports may be required to analyze private development projects and/or City projects.
These reports may include, but not be limited to, aesthetics and visual impacts, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, noise, transportation and traffic, and wildland fire.
7.2. Peer Review of applicant-provided technical reports. Entitlement applicants are permitted to submit technical reports evaluating their proposed projects. The consultant(s) shall be responsible for providing a peer review of these technical reports to determine whether they are technically accurate and sufficient for the CEQA document.
7.3. CEQA documents, including:
7.3.1. Notices of Exemption, including supporting memoranda and technical studies, if required.
7.3.2. Initial Studies, resulting in Negative Declarations, Mitigated Negative Declarations, or Environmental Impact Reports.
7.3.3. Environmental Impact Report Addenda and Subsequent and Supplemental Environmental Impact Reports.
7.4. Mitigation monitoring services and reports, such as providing periodic updates to MMRPs for projects in implementation and providing field services as required.
8. REPORTS AND MEETINGS
The specific reports required from the consultant(s) will depend on the requirements of each individual task order. The proposal and contract for each task order shall detail the required deliverables. In addition, all meetings will be scheduled on a project-specific basis and shall be detailed in individual task orders.
PROPOSAL # PL-19-20-14 9
9. CITY RESPONSIBILITIES
The City shall be responsible for requesting task order proposals from one or more consultants on a project by project basis. The City shall define the scope of work for each project in each future project- specific RFP. It shall be at the City’s discretion whether to request competitive bids for a specific project or to solicit a proposal from a single qualified consultant selected through this RFP. The City will establish blanket agreements with the selected consultant(s) after City Council award. Contracts shall utilize the rate sheets provided for this RFP. The City shall not be obligated to provide a minimum amount of work to any particular consultant. The total value of all task orders issued under this contract will not exceed $500,000.
PROPOSAL # PL-19-20-14 10
C.
RESPONSE FORMAT AND SELECTION CRITERIA
PROPOSAL # PL-19-20-14
On-Call Environmental Planning Services
1. RESPONSE FORMAT - The organization of the response and cost files is described in this section of the RFP. All potential vendors must follow this format. Proposals shall be submitted in two (2) distinct parts: the Response File and the Cost File.
1.1. RESPONSE FILE: The consultant shall provide a proposal that corresponds to and references sections outlined below. The proposal shall be presented in the order shown below. Proposals should be straightforward and concise, with an emphasis on demonstrating conformance with the RFP instructions and the consultant’s ability to provide the necessary services.
1.1.1. Introduction –Provide a general introduction and description of the proposal. The format of the introduction is at the discretion of the consultant. The proposal must be signed by the individual(s) legally authorized to bind the Consultant.
1.1.2. Qualifications – The consultant shall provide their qualifications to provide the services described in the Scope of Work (Technical Reports and Peer Review, Environmental Documents, Mitigation Monitoring and Reporting, and Expertise). If a consulting firm is unable to provide the full scope of services, the qualifications shall clearly identify which services the consultant is qualified to provide and which they are not. Include a discussion of the qualifications of all sub-consultants, if any.
1.1.3. Experience on Similar Projects – Provide examples of similar projects and services that the consultant has provided. This should include experience preparing the environmental documents described in the Scope of Work for this RFP as well as experience providing the other services required herein. Include relevant project samples for all sub-consultants, if any.
1.1.4. References - The consultant shall provide a minimum of three professional references. Please use form provided in this RFP. Use additional pages if necessary.
1.1.5. Program Management and QA/QC - Indicate which method of program management will be used to internally manage and direct projects, including project schedules. Designate a Program Manager who shall function as the City’s main point of contact for these services.
Describe the method of Quality Assurance/Quality Control that will be used to ensure all deliverables and services are of high quality.
1.1.6. Personnel, Equipment, and Facilities - Describe the activities of the designated Project Manager and lead/support personnel. Provide a resume for each person named, including their qualifications (education and experience), as well as their relationship and cost to the proposed project activities.
1.1.7. Sub-Consultants - List all sub-consultants proposed for this project and include their qualifications and specific responsibilities.
PROPOSAL # PL-19-20-14 11
1.2. COST FILE – Rate Schedule and Signature – Provide a separate cost file along with the Response file. The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement to the effect that the proposal is a firm offer for a 120-day period. The consultant shall provide a rate schedule providing rates for all staff and other direct costs. This rate schedule shall be in effect for the duration of the contract. All future invoices shall reflect these rates and shall include sufficient descriptions of all hours and direct costs. The consultant may request annual cost-of-living adjustments (COLA) from the City. The City shall award any COLA at its discretion and shall not be obligated to grant a COLA.
All subsequent task order proposals submitted by selected consultant(s) shall conform to the rate schedule submitted with this proposal. All proposals shall contain a statement that the proposed work will be performed at the “not-to-exceed” price. This will include all deliverables and meeting attendance as laid out in the scope of work.
2. SELECTION CRITERIA - The overall criteria are listed below. The cost file, submitted separately, will be evaluated and negotiated with the highest-ranking firm(s) determined by the selection criteria below:
2.1. SCORING CRITERIA:
2.1.1. Contractor qualifications to provide services described in scope of work
2.1.2. Experience on similar projects
2.1.3. Thoroughness of proposal, approach to providing sound services, including Program Management and QA/QC, and ability to provide services to meet objectives and standards
2.1.4. Project manager and team’s ability to complete scope of services, including adequate technical expertise and workload capacity
2.2. During the selection process, the evaluation panel may wish to interview bidders with scores above a natural break. Should an interview process take place, the results of the interview will carry greater weight in the selection process. The City reserves the right to make a selection solely on the basis of the proposals without further contact.
PROPOSAL # PL-19-20-14 12
D.
CONTRACT SAMPLE
PROPOSAL # PL-19-20-14
On-Call Environmental Planning Services
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
FOR
This AGREEMENT by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city (“CITY”) and _______________________________________, a ___________________________________________________________ (“CONSULTANT”), and is dated ________________________.
1. CONSIDERATION.
(A) As partial consideration, CONSULTANT agrees to perform the Services listed in the SCOPE OF SERVICES, below; and
(B) As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; and
(C) As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed dollars ($ ) for
CONSULTANT’s Services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit(s) “ ” which is/are incorporated by reference.
2. SCOPE OF SERVICES.
(A) CONSULTANT will perform Services listed in the attached Exhibit(s) “ ” which is/are incorporated by reference.
(B) CONSULTANT will, in a professional manner, furnish al l of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the Services and provide the professional Services required of CONSULTANT by this Agreement.
PROPOSAL # PL-19-20-14 13
3. PERFORMANCE STANDARDS.
(A) By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. (B) CONSULTANT will perform its Services in a skillful manner, comply fully with all City established criteria, and with all applicable federal, state, and local laws, codes, and professional standards.
(C) CONSULTANT will staff this Agreement with personnel qualified to adequately and professionally perform the Services.
(D) CONSULTANT will not subcontract any portion of these Services without the CITY’s prior written approval.
(E) CITY’s approval of any payment, or conducting of any inspection, reviews, approvals, or oral statements, or any governmental entity ’s certification, will in no way limit the CONSULTANT’s obligations under this Agreement or CONSULTANT’s complete responsibility for all Services hereunder.
4. PAYMENTS.
(A) For CITY to pay CONSULTANT as specified by this Agreement and as provided in attached Exhibit(s) “ ” , CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit(s) “ ” ) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that Services during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
(B) CITY may withhold all or a portion of payment otherwise due in the event that Services are either improperly or not performed.
5. PROJECT COORDINATION AND SUPERVISION.
(A) CONSULTANT will assign as CONSULTANT’s Project Manager and will be responsible for job performance, negotiations, contractual matters, and coordination with CITY’s Project Manager. CONSULTANT may change its Project Manager only with CITY consent. (B) CITY will assign as CITY’s Project Manager, will be personally in charge of and personally supervise or perform the technical execution of the project on a day-to-day basis on behalf of CITY , and will maintain direct communication with CONSULTANT’s Project Manager. CITY may change its Project Manager at any time with notice to CONSULTANT.
PROPOSAL # PL-19-20-14 14
6. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current Services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT Services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
7. FAMILIARITY WITH SERVICES AND SITE.
(A) By executing this Agreement, CONSULTANT represents that it has:
(i) Carefully investigated and considered the scope of Services to be performed; and
(ii) Carefully considered how the Services should be performed; and (iii) Understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
(B) If the Services under this Agreement are to be performed upon any site, or otherwise require CONSULTANT to access a site, b y executing this Agreement CONSULTANT represents that it has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the Services under this Agreement.
8. TERM.
(A) The term of this Agreement will be from ________ _ to _________ .
Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: (1) Completion of the Services specified in Exhibit(s) “ ”, or (2) Termination pursuant to Section 18 TERMINATION.
(B) Except as otherwise separately and expressly provided by the CITY in writing, the provisions of this Agreement shall survive any expiration, breach, or termination of this Agreement, and any completion of the Services.
9. TIME FOR PERFORMANCE.
CONSULTANT will not perform any Services under this Agreement until:
(A) CONSULTANT furnishes proof of insurance as required under Section 25 INSURANCE; and
(B) CITY gives CONSULTANT a written notice to proceed.
Should CONSULTANT begin Services on any phase in advance of receiving w ritten authorization to proceed, any such professional Services are at CONSULTANT’s own risk.
10. SCHEDULE OF PERFORMANCE AND EXTENSIONS.
PROPOSAL # PL-19-20-14 15
(A) Should the progress of the Services under this Agreement at any time fall behind schedule for any reason other than excusable delays CONSULTANT shall apply such additional manpower and resources as necessary to bring progress of the Services under this Agreement back on schedule and consistent with the standard of professional skill and care required by this Agreement. Time is of the essence in the performance of this Agreement. (B) Should CONSULTANT be delayed by causes beyond CONSULTANT ’s control, CITY may grant a time extension for the completion of the contracted Services . If delay occurs, CONSULTANT must notify the CITY’s designated representative within forty -eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The CITY will extend the completion time, when appropriate, for the completion of the contracted Services.
11. CHANGES. CITY may order changes in the Services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the Services will be determined in accordance with written agreement between the parties.
12. ADDITIONAL SERVICES.
(A) The CITY may request CONSULTANT to provide Services in addition to Scope of Services, called “Additional Services”. Additional Services must be authorized by CITY in writing prior to performance. CONSULTANT shall be compensated for Additional Services as set forth in Exhibit(s) “ ” or as specified in the written authorization. (B) If CONSULTANT believes Additional Services are needed to complete the Scope of Services, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed additional Services, reasons for such additional Services, and a detailed proposal regarding cost. CITY is under no obligation to approve any increase in the agreed- upon costs for the performance of this Agreement.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.
14. SITE INSPE CTION; DISCOVERY OF HAZARDOUS MATERIALS OR LATENT CONDITIONS. The discovery, presence, handling or removal of hazardous substances is outside of CONSULTANT’s expertise, unless otherwise specified in Exhibit(s) “ ” , and is not included in the scope of Services . Should CONSULTANT discover any hazardous material, or latent or unknown conditions that may materially affect the performance of the Services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT ’s own risk until written instructions are received from CITY.
15. PREVAILING WAGES. The performance of Services under this Agreement may require the payment of prevailing wages under Labor Code section 1720 et seq. CONSULTANT agrees that it is familiar with all prevailing wage laws and will comply with them if applicable.
PROPOSAL # PL-19-20-14 16
16. WAIVER. CITY’s review or acceptance of, or payment for, Services or product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT ’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
17. TERMINATION.
(A) Termination for Convenience. CITY may terminate this Agreement at any time with or without cause by written notice to CONSULTANT.
(i) CONSULTANT will be entitled to recover its costs expended up to the termination plus reasonable profit thereon to the termination date not to exceed the total costs under Section 1(C), but may recover no other loss, cost, damage, or expense. (B) Termination for Cause . CITY may terminate this Agreement in whole or part for default should CONSULTANT commit a material breach of this Agreement, and such breach has not been cured within fifteen (15) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure. In the event CITY terminates this Agreement for default, CONSULTANT will be liable to CITY for all costs to cure the deficiencies, and all loss, cost, expense, damage, and liability resulting from such breach and termination.
(C) Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice . Except as otherwise provided in the termination notice, any Services performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT ’S own cost; CITY will not be obligated to compensate CONSULTANT for such Services.
(D) Upon a termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will become CITY ’s property and CONSULTANT will delivery any such items in its possession to CITY within thirty (30) days of termination.
(E) Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms Services similar to those terminated.
18. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY ’s property.
CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s Services for purposes other than identified in this Agreement is at CITY’s own risk.
19. PUBLICATION OF DOCUM ENTS. Except as necessary for performance under this Agreement, CONSULTANT will not release copies, sketches, or graphs of materials, including graphic art services, prepared pursuant to this Agreement to any other person or public entity without CITY’s prior written approval. All press releases, including graphic display information to be
PROPOSAL # PL-19-20-14 17
published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
20. INDEMNIFICATION AND LIABILITY.
(A) To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that a rise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT’s performance of Services under this Agreement, or any part thereof; (2) any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively “Liabilities”).
Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as w ell as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault (except as otherwise provided in section 2782.8).
(B) The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees. (C) CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement.
21. ASSIGNABILITY. This Agreement is for CONSULTANT ’s professional services.
CONSULTANT or any subconsultant’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
22. INDEPENDENT CONTRACT OR. CONSULTANT shall at all times be deemed an independent contractor wholly responsible for the manner in which it performs the Services, and fully liable for the acts and omissions of its employees, subconsultants and agents. Under no circumstances shall this Agreement be construed as creating an employment, agency, joint venture or partnership relationship between CITY and CONSULTANT, and no such relationship shall be implied from performance of this Agreement. Terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of Services only, and not as to means
PROPOSAL # PL-19-20-14 18
and methods by whic h such a result is obtained. CONSULTANT shall pay all taxes (including California sales and use taxes) levied upon this Agreement, the transaction, or the Services and/or goods delivered pursuant hereto without additional compensation, regardless of which party has liability for such tax under applicable law, and any deficiency, interest or penalty asserted with respect thereto. CONSULTANT shall pay all other taxes including but not limited to any applicable City business tax, not explicitly assumed in wr iting by CITY hereunder. CONSULTANT shall comply with all valid administrative regulations respecting the assumption of liability for the payment of payroll taxes and contributions as above described and to provide any necessary information with respect thereto to proper authorities. CONSULTANT has no authority to bind the CITY.
23. AUDIT OF RECORDS . CONSULTANT will maintain full and accurate records with respect to all Services and matters covered under this Agreement. Those records include, without limitation, correspondence, internal memoranda, calculations, books and accounts, accounting records documenting its services under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement. CITY and its designees will have free access at all reasonable times to such records, including the right to audit, examine, and make copies, excerpts, and transcripts from such records , and to inspect all program data, documents, proceedings and activities. If CITY receives funds from another governmental entity for the payment in whole or part of the Services, that governmental entity will have all rights the CITY has under this Section.
CONSULTANT will retain all records subject to this Section for at lea st three (3) years after termination or final payment under this Agreement.
24. INSURANCE. [All insurance terms subject to review and approval of City Risk Manager] (A) Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $1,000,000
Professional liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
(i) Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set for th above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
PROPOSAL # PL-19-20-14 19
(ii) Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. (B) CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement , including endorsements, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time . Insurance must be placed with California -admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.” (C) Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT ’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 18 TERMINATION. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this Agreement, City may terminate this Agreement immediately with no penalty.
(D) Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation . Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer ’s issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage. (E) The CITY shall be entitled to any coverage in excess of the minimums required herein.
25. INCIDENTAL TASKS . CONSULTANT will meet with CITY monthly to provide the status on the Services , which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the Services remaining and a description of the Services to be done before the next schedule update.
26. DISPUTE RESOLUTION.
(A) In the event of any dispute between CONSULTANT and CITY regarding any claim, demand or request by CONSULTANT for time, money, or additional compensation for any reason whatsoever CONSULTANT shall submit to CITY, within 21 days of CONSULTANT’ s first knowledge of the dispute, a written description of CONSULTANT’s claim, demand or request that provides a narrative of the pertinent events, the contractual basis of the CONSULTANT’ s position, pricing calculations (if applicable) and attaches supporting documentation. CITY will then review the issue and make a decision thereon. If CONSULTANT shall fail to provide timely notice of any such claim, demand or request, then CONSULTANT shall waive is rights to such claim, demand or request, unless CONSULTANT can demonstrate a manifest lack of prejudice to CITY resulting from such late notice. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.
PROPOSAL # PL-19-20-14 20
(B) If the CITY denies CONSULTANT’s claim, demand, or request in whole or part and CONSULTANT disagrees, and the claim, demand or request exceeds $50,000 then the parties shall, as a precondition to initiating litigation, submit the dispute claim, demand, or request to the Los Angeles JAMS office for non-binding mediation under the appropriate rules. The parties may agree to any other dispute resolution process. Nothing herein will limit CONSULTANT ’s obligation to timely submit to CITY a statutory Government Code Claim, in accordance with Government Code sections 910 et seq.
27. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
City of Santa Clarita
ATTN: Kenneth W. Striplin, City Manager
23920 Valencia Boulevard, Suite 300
ATTN: Santa Clarita, CA 91355
Any such written communications by mail will be conclusively deemed to have been received by the addressee three days after deposit thereof in the United States mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
28. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY ’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the CITY pursuant to Section 28 NOTICES of any staff changes relating to this Agreement. (A) In accomplishing the S cope of Services of this Agreement, all officers, employees and/or agents of CONSULTANT(S), unless as indicated in Subsection (B), will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise.
No disclosures are required for any officers, employees, and/or agents of CONSULTANT, except as indicated in Subsection (B).
__________________
Initials of Consultant
(B) In accomplishing the Scope of Services of this Agreement, CONSULTANT will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONSULTANT’s Services product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONSULTANT personnel shall be subject to the Disclosure Category “1” of the CITY’s Conflict of Interest Code:
______________________ ______________________
______________________ ______________________
PROPOSAL # PL-19-20-14 21
29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT ’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CO NSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
30. THIRD PARTY BENEFICI ARIES. CONSULTANT’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that CITY is deemed an express third party beneficiaries of their subconsultant agreement. Nothing in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.
31. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California. The exclusive venue for any action involving this Agreement will be in Los Angeles County.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties with respect to the subject matter hereof . There are no other understandings, terms or other agreements expressed or implied, oral or written.
There is/are ( ) Exhibits (s) to this Agreement. To the extent of a conflict between this Agreement and one of the Exhibits, the terms of the Agreement shall take precedence. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
33. RULES OF CONSTRUCTION. Each party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so m odified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The parties represent and warrant that all necessary action has been taken by the parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. To the extent of any contingency above the original Agreement amount previously approved by the CITY’s City Council, additional Services may be added to this Agreement by an additional authorization executed by both parties. This Agreement may be otherwise modified by written amendment, which generally requires approval of the CITY’s City Council. CITY’s City Manager, or designee, may execute any such authorization or amendment on behalf of CITY.
36. CAPTIONS. The captions of the sections and paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
PROPOSAL # PL-19-20-14 22
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
38. DELAY. CONSULTANT shall complete all Services required by this Agreement within the times specified in the Agreement, except where (1) an event outside of CONSULTANT’s reasonable control causes a delay and ( 2) CONSULTANT promptly advises CITY of such delay (such prompt notice to occur no more than 15 days after the first occurrence of the delay). Such events shall be limited to: acts of neglect by CITY or CITY’s agents or by consultants when acting at CITY’ s direction; breaches of this Agreement by CITY; Acts of God such as fire and flood; explosion, acts of terrorism, war and embargo; and other similar causes beyond the Parties’ reasonable control. In the event of an excusable delay the City may elect whether to terminate this Agreement or extend the time for performance.
39. PROTECTION OF RESIDENT WORKERS. The CITY actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA , employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S., and aliens authorized to work in the U.S.). The employer must verify the identity and employment eligibility of anyone to be hired, whic h includes completing the Employment Eligibility Verification Form ( Form I-9), reviewing required proofs of both identify and employment authorization, and retaining the Form I - 9 for the required period. Updated form I -9 information is available at www.us cis.gov . The CONSULTANT shall establish appropriate procedures and controls so no Services or products under the Agreement will be performed or manufactured by any worker who is not legally eligible to perform such Services or employment.
40. FACSIMILE OR ELECTRONIC TRANSMISSIO N OF CONTRACT AND SIGNATURE. The parties agree that this Agreement may be transmitted and signed by facsimile or electronic mail by either/any or both/all parties , and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7.
41. STANDARD S UPPLEMENTAL PROVISIO NS. Notwithstanding Section 33 ENTIRE AGREEMENT above, the following Standard Supplemental Provision(s), attached to this Agreement, is(are) incorporated herein by this reference and takes precedence over any conflicting provision of this Agreement: [Insert name of any applicable SSP(s), and attach only that SSP(s)— omit remaining SSP(s). Insert “None” if applicable.]___________________. [SIGNATURES ON NEXT PAGE]
PROPOSAL # PL-19-20-14 23
IN WITNESS WHEREOF, the parties hereto have executed this contract on the date set forth below. .
FOR CONSULTANT: IF CORPORATION:
By: By:
Print Name & Title Print Name & Title
Date: Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
By:
City Manager
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By:
City Attorney
Date:
PROPOSAL # PL-19-20-14 24
STANDARD SUPPLEMENTAL PROVISION B —ENVIRONMENTAL REVIEW
AGREEMENTS
[Omit from all other Agreements]
This STANDARD SUPPLEMENTAL PROVISION supplements that certain Professional Services Agreement between the CITY OF SANTA CLARITA (“CITY”) and ______________________________ (“CONSULTANT”), dated ____________, 20___ (“AGREEMENT”)
I. After Agreement Section 4 PAYMENTS, the following is added as a new Agreement Section 4A.
4A. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement.
CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, inte rests in business entities, real property, or sources of income exceeding $500 received within the past year.
CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.
II. After Agreement Section 8(B), the following is added as a new Agreement Section 8(C).
(C) Although CITY has a duty to the public to independently review any environmental document, including, without limitation a negative declaration or draft EIR, prepared by CONSULTANT, that duty to the public, or the breach thereof, will not relieve CONSULTANT of its duties under this Section or any representation provided by CONSULTANT in this Agreement.
PROPOSAL # PL-19-20-14 25
REFERENCES
PROPOSAL # PL-19-20-14
On-Call Environmental Planning Services
City of Santa Clarita, California
The following are the names, addresses, and telephone numbers of three public agencies for which proposer has performed work of a similar scope and size within the past 3 years. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Complete this form out accordingly. Fill out this form completely and upload it with your proposal.
1. __________________________________________________________________________________ Name and Address of Owner / Agency
__________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project
__________________________________________________________________________________ Contract Amount Type of Work Date Completed
2. __________________________________________________________________________________ Name and Address of Owner / Agency
__________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project
__________________________________________________________________________________ Contract Amount Type of Work Date Completed
3. __________________________________________________________________________________ Name and Address of Owner / Agency
__________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project
__________________________________________________________________________________ Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom Proposer intends to procure insurance bonds:
_____________________________________________________________________________________
_____________________________________________________________________________________
PROPOSAL # PL-19-20-14 26
DISCLOSURE STATEMENT
PROPOSAL # PL-19-20-14
On-Call Environmental Planning Services
City of Santa Clarita, California
Fill out this form completely and upload it with your proposal. The following information must be disclosed:
1. List the names of all persons having a financial interest in the Request for Proposal.
2. If any person identified pursuant to No. 1 above is a corporation or partnership, list the names of all individuals owning more than ten percent of the shares in the corporation or owning any partnership interest in the partnership.
3. If any person identified pursuant to No. 1 above is a non -profit organization or a trust, list the names of any persons serving as a director of the non -profit organization or as a trustee or beneficiary or trustor of the trust.
4. Has the offeror had more than $250.00 worth of business transacted with any member of the City of Santa Clarita staff, boards, commissions, committees, and Council within the past twelve months? If yes, please indicate the person(s) with whom you have conducted business.
NOTE: Attach additional pages as necessary.
Signature of Offeror
Print or Type Name of Offeror
Date
PROPOSAL # PL-19-20-14 27
DOCUMENTS CHECKLIST
PROPOSAL # PL-19-20-14
On-Call Environmental Planning Services
In addition to the items requested for the proposal the following documents are required to be completed and submitted by the proposer.
• Request for Proposal page filled out
• Response File
• Cost File
• Any addendum published through Planetbids – signed form and acknowledgement through PlanetBids
• Reference Page
• Disclosure Statement Page
RFP # PL-19-20-14 1
ADDENDUM #1
For
City of Santa Clarita Request for Proposal
On-Call Environmental Planning Services
PL-19-20-14
February 14, 2020
This addendum must be digitally acknowledged through PlanetBids in addition to a printed and signed version submitted with the proposal. If addenda are not signed and submitted with the proposal response, the proposal may be deemed non-responsive and rejected.
CHANGE TO RESPONSE FORMAT AND SELECTION CRITERIA
SECTION C. RESPONSE FORMAT AND SELECTION CRITERIA, 1. RESPONSE FORMAT, 1.1.6.
Personnel, Equipment, and Facilities
Replace with the following:
Describe the activities of the designated Project Mana ger and lead/support personnel. Provide a resume for each person named, including their qualifications (education and experience), as well as their relationship to the proposed project activities.
I acknowledge receipt of this Addendum and accept the aforementioned.
_____________________________________ ________ ______ Contractor/Consultant’s representative Date
___________________ ____________
Company Name