HomeMy WebLinkAboutItem 19 - Agreement with Cumming Management Group, Inc. for Climate Action Plan UpdatePublic Works Agency
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Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Climate Action Plan Update Services
AGENDA TITLE
Agreement with Cumming Management Group, Inc. for Climate Action Plan Update
Services (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Cumming Management
Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with
a contingency of $45,006 for a total amount of $495,066, for a three-year term
beginning October 1, 2024 and expiring September 30, 2027, with an option for two,
one-year extensions (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The City of Santa Ana Public Works Agency (PWA)'s Administration Division is
responsible for the administration of the Climate Action Plan (CAP), including updating
the goals and measures that will continue to move the City towards becoming more
sustainable for future generations while mitigating our impact on the environment. Many
of the strategies and measures have positive long-term benefits for the community such
as improved air quality, reduced energy use, reduced traffic congestion, reinvestment in
the community, and a healthier environment.
The measures established in the CAP were projected to accomplish the goals of 15%
reduction in community -wide emissions by 2020 and nearly reach a 30% reduction by
2035. Since the CAP's adoption, the City has implemented several measures that likely
have resulted in a decrease in the City's greenhouse gas (GHG) emissions. Approval of
the recommended action will provide the consultant services needed to measure the
progress made, update new metrics, and track ongoing efforts and emissions toward
citywide and state -level goals.
One method for achieving these CAP vision goals relies upon updating existing policies
and implementing new strategies and programs in order to further reduce our GHG
emissions. Since the approval of the City's first CAP, GHG emissions within the City
were to be reduced in accordance with statewide targets through the implementation of
Climate Action Plan Update Services
October 1, 2024
Page 2
mitigation measures. The CAP outlined GHG reduction for the following emission
producing sectors: Transportation and Land Use, Energy, Solid Waste, Water, and
Wastewater.
Additionally, the CAP previously committed the City to provide progress reports to track
and monitor the implementation of the document. This was not completed due to lack of
funding and will be assessed as part of the deliverables of the proposed scope of work.
Included in this scope's deliverables is the creation of a Community Engagement Plan.
This development will serve as a robust and equitable outreach and engagement plan
to detail our process for how all community outreach efforts will be coordinated, finding
the right balance between individual interviews, focus groups, online surveys, public
workshops, public comment, and community events. The consultant will tailor the type
of engagement to the stakeholder group and desired outcomes presented. It is intended
to engage with the City Council, the City's Environmental Justice Action Committee, the
City's Environmental and Transportation Advisory Commission, Santa Ana businesses
and residents, and municipal staff for collective engagement.
To properly identify efforts invested and provide meaningful updates to the City's CAP,
PWA seeks to enter into an agreement with a qualified consulting firm to assist with
building on past successes and modify any targets to reflect current technologies,
policies, and mandates. The consultant shall provide support services including
municipal and City-wide GHG 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.
On April 5, 2024, PWA released Request for Proposal (RFP) No. 24-044 (Exhibit 1) to
select one firm to provide services in updating the City's CAP originally adopted in
December 2015. The RFP to update this plan included an evaluation criteria consisting
of responsiveness to the RFP, understanding of need, relevant property
experience/schedule of delivery, and references.
The RFP was advertised on the City's online procurement management and publication
system, PlanetBids, with electronic proposals due on May 24, 2024. Eleven responsive
proposals were received and evaluated by a selection committee. Of the 11 proposals
received, the top ranked five firms were invited for an interview where the top scoring
firm was selected.
Firm
City
Rank
Cumming Management Group, In.c
Los Angeles, CA
1
Dudek
Encinitas, CA
2
Placeworks
Santa Ana, CA
3
Buro Happold Consulting Engineers, Inc.
Los Angeles, CA
4
Climate Action Plan Update Services
October 1, 2024
Page 3
Firm
city
Rank
Michael Baker International, Inc.
I Santa Ana, CA
5
Staff recommends awarding an agreement to Cumming Management Group, Inc.
(Exhibit 2) to provide necessary updates based on the scope of work and selection
criteria outlined in RFP 24-044. Their proposal demonstrated that the firm has the
necessary capacity and expertise to complete the required services (Exhibit 3). The
firm's rates are reasonable and within industry standard, the team qualifications are
appropriate for this project, and the proposal was determined to provide the best value
for the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action
FISCAL IMPACT
Funds are available in the following account, and will be presented to City Council for
approval of carryforward to FY 2024-25 as part of the citywide carryforward process.
Additional proposed carryovers of unspent funds to future fiscal years will be presented
to the City Council for approval as needed.
Fiscal
Accounting Unit
Fund
Accounting Unit -
Year
- Account No.
Description
Account No.
Amount
Description
PWA-Service
FY 24-25
01117017-62300
General Fund
Enhancement,
$495,066
(24-6006)
Contract Services -
Professional
TOTAL:
$495,066
EXHIBIT(S)
1. RFP #24-044: Climate Action Plan Update
2. Agreement with Cumming Management Group, Inc.
3. Fee Proposal
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Alvaro Nunez, City Manager
EXHIBIT 1
REQUEST FOR PROPOSALS (RFP)
FOR
CLIMATE ACTION PLAN UPDATE
RFP NO.: 24-044
CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92701
Hayley Gilbert
Project Manager
(714) 647-5059 Office
HGilbert(dsanta-ana.or�
for Release:
Nabil Saba, P.E.
Executive Director
Public Works Agency
KEY RFP DATES Sub'ect to change at discretion of City):
Issue Date: Friday, April 5, 2024
Deadline for Requests for Information: Wednesday, April 24, 2024, 2:00 p.m.
Proposal Due Date: Wednesday, May 1, 2024, 4:00 p.m.
Projected Award Date: Tuesday, June 18, 2024
(9)CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND...........................................................................................................................3
II. OVERVIEW OF PROJECT..........................................................................................................3
III. PRE -PROPOSAL MEETING....................................................................................................... 3
IV. TERM OF AGREEMENT............................................................................................................ 3
V. MINIMUM QUALIFICATIONS......................................................................................................4
VI. RESPONSE TO RFP..................................................................................................................4
VII. CERTIFICATIONS (ATTACHMENTS)......................................................................................... 8
VIII. REFERENCES............................................................................................................................9
IX. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 9
X. SELECTION PROCEDURES & CRITERIA................................................................................. 9
XI. WITHDRAWALS........................................................................................................................11
XII. GENERAL TERMS AND CONDITIONS.................................................................................... 11
XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS ........................ 15
XIV. AWARD OF AGREEMENT........................................................................................................ 19
XV. IMPLEMENTATION................................................................................................................... 19
EXHIBITS
Exhibits provided herein for Proposers' reference only.
EXHIBIT I — SCOPE OF SERVICES
EXHIBIT 11 — SAMPLE AGREEMENT
EXHIBIT III — COMMUNITY WORKFORCE AGREEMENT (CWA)
ATTACHMENTS
A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING
B PROPOSER'S STATEMENT
C NON -COLLUSION AFFIDAVIT
D NON -LOBBYING CERTIFICATION
E NON-DISCRIMINATION CERTIFICATION
F SUBCONTRACTOR DESIGNATION FORM
G CARB FLEET COMPLIANCE CERTIFICATION
H STATEMENT REGARDING CWA REQUIRMENTS
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I. BACKGROUND
CITY OF SANTA ANA
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County,
and encompasses an area of approximately 27 square miles. For more information, please visit
https://www.santa-ana.org
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations
(Proposers) to provide an update to the City's Climate Action Plan. See EXHIBIT I for complete
Scope of Services.
The term "Vendor", "Proposer", "Firm", "Consultants", and "Contractor" shall refer to any legal
entity or entities submitting a proposal in response to this Request for Proposals (RFP).
Funding sources for each project may vary and shall comply with the funding agency's
requirements. Special conditions may apply.
CARB FLEET REGULATIONS: The California Air Resources Board ("CARB") implemented
amendments to the In -Use Off -Road Diesel -Fueled Fleets Regulations ("Regulation") which are
effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25
horsepower or greater and other forms of equipment used in California. A copy of the
Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1. pdf.
Proposers are required to comply with all CARB and Regulation requirements, including, without
limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code
of Regulations section 2449 et seq. throughout the duration of the Project. Proposers must
provide, with their Proposal, copies of Proposer's and all listed subcontractors' most recent, valid
Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as
required herein may render the Proposal non -responsive.
III. PRE -PROPOSAL MEETING
A pre -proposal meeting will not be held for this RFP.
IV. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at
its discretion, extend the agreement with the same or more limited scope of required services for
two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council
approval, or City Manager or City Attorney authorization, as appropriate. The total term of the
awarded agreement shall not exceed five (5) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s)
and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments,
including technical expertise required.
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CITY OF SANTA ANA
V. MINIMUM QUALIFICATIONS
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.
VI. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been
uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required
sections and forms, shall be submitted electronically via the City's Bid Management System,
PlanetBids. Additionally, it is a requirement that five (5) hard copy proposals be delivered
to the Public Works Agency drop box located on the first floor of Ross Annex across from the
Development Permit counter in an enclosed sealed envelope and marked clearly with the
following:
"SEALED PROPOSAL FOR
CLIMATE ACTION PLAN UPDATE
RFP NO. 24-044
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: Hayley Gilbert
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic
submittal by the deadline is suffice. For further instructions regarding hard copy submission
of proposals, refer to PlanetBids.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will
receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their
proposal was submitted successfully. The City will only receive and consider those proposals
that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanvlD=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization
of the bid management system, for ensuring the capability of their computer system to upload
the required documents, and for the stability of their internet service. Failure of the Proposer
to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief
will be given for late and/or improperly submitted proposals. Proposers experiencing any
technical difficulties with the bid submission process may contact PlanetBids at (818) 992-
1771. Questions of an operational nature may be directed to the City's assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of
assistance, or assurance that any given problem will be resolved by the bid submission
deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
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CITY OF SANTA ANA
All notifications, updates and addenda will be posted online on PlanetBids at
https://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposers shall be
responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in
response to this RFP, or who submit a proposal in response to this RFP, are only to
communicate with the assigned Project Coordinator(s), and no other City staff about this RFP
from the date this RFP is issued until a contract is awarded. The City will provide all official
communication concerning this RFP in writing via the City's Bid Management System,
PlanetBids.
The City will not be responsible for or bound by any oral communication or any other
information or contact that occurs outside the official communication process specified
herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS
Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions
will be posted on PlanetBids no later than the date and time shown at the schedule of key
RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit
PlanetBids on a regular basis as responses may be posted earlier than the date above (if
applicable). No verbal requests or responses will be accepted. Significant interpretations or
clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the
deadline will be addressed via addenda to this RFP, which will be released and posted on
PlanetBids under the "Addenda/Emails" tab.
D. EXCEPTIONS
Requests submitted for City's consideration of proposed terms and conditions, including
modifications to the City's RFP and/or Contract terms and conditions must be submitted by
the deadline for questions. Such requests should include an attachment in Word or PDF
format on formal company letterhead that shows the requested modifications. Should the
Proposer be considered for award recommendation and progress into the negotiations
phase, the requests for exceptions or modifications to the City's terms and conditions will be
discussed at that time. The City will not accept any requests after the deadline for questions
and reserves the right to reject or strike any requests for exceptions or additional terms and
conditions related to Agreement, RFP, and insurance and indemnification terms and
conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted on City's
PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanvlD=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this
solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision,
or requirement of the RFP that the Proposer does not understand. Responses to inquiries,
if they significantly change or clarify the RFP requirements or any aspect of the procurement
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CITY OF SANTA ANA
process, will be forwarded by addenda to all Proposers. The City will not be bound by any
oral responses to inquiries. By submitting proposals, Proposers assert that they have fully
read the RFP and any addenda issued by the City, the proposed Contract and any other
Contract Documents, and affirm that the terms and conditions stated therein are fully
understood and are acceptable to the Proposer. Each Proposer accepts the terms and
conditions of the Contract Documents and indicates their ability and willingness to perform
the requested services under such terms and conditions. Any exceptions to the terms and
conditions set forth in the Contract Document shall be submitted to the City by the deadline
to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Colored displays,
promotional materials, photographs etc., are not necessary or desired. Emphasis should be
concentrated on conformance to RFP instructions, responsiveness to the RFP requirements,
and on completeness and clarity of content. Digital dividers and clear organization of content
and material are encouraged.
Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages
(excluding City's required Certifications listed in Section VIII below; Proposal Cover
Letter, section dividers, table of contents, front/back cover pages). The page limitation
includes all appendices, attachments, and supplemental information. Additionally, SOQ
must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who
can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
Hayley Gilbert, Projects Manager
City of Santa Ana — Public Works Agency, CIP Engineering
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
Proposal shall include a Scope of Services and Schedule which detail the work phase
to be completed, the tasks to be accomplished, the deliverables to be provided, the
schedule/timeline to complete the project, and how they meet the needs of the City as
described in Exhibit I — Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns
previously submitted with any and all provisions as contained in EXHIBIT II — Sample
Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm's experience including the following:
A general description of the firm, including size and number of employees
working directly with the City on this agreement.
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CITY OF SANTA ANA
Firm's nearest address serving the City of Santa Ana and headquarters
address.
iii. Name and contact information of the supervising Project Manager/Principal
Agent, to be assigned to the agreement. The Project Manager/Principal
Agent shall be the primary contact person to represent your firm and will be
the person to conduct the presentation, if invited to an interview.
iv. Resumes for all key staff proposed describing relevant experience.
e. Proposed Work Plan/Understanding of Need
Proposal shall include a statement demonstrating the firm's understanding of the
Scope of Services.
Additionally, proposed work plan shall include Proposers':
i. Anticipated approach to performing services as specified herein;
ii. Suggestions or special concerns the evaluation committee should take into
consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a
general description of the deliverables, implementation plan, and timeline.
References: Proposals shall include a listing of relevant projects with references for
three public entities with valid current emails for which Proposer has performed
similar work within the past five (5) years.
g. CARB Fleet Compliance
The City is a Public Works Awarding Body, as defined under Title 13 California Code
of Regulations section 2449(c)(46). Accordingly, Proposers must submit, with their
Proposals, valid Certificates of Reported Compliance ("CRC") for the Proposer's fleet
and for the fleet(s) of its listed subcontractors (including any applicable leased
equipment or vehicles). Proposer must additionally complete and submit the Fleet
Compliance Certification, included herein as ATTACHMENT H. Failure to provide a
CRC for the Proposer, and for all listed subcontractors, or failure to complete the Fleet
Compliance Certification, may render the Proposal non -responsive.
2. Cost Proposal
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.
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CITY OF SANTA ANA
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.
Proposals shall be valid for a minimum of one hundred eighty (180) days following
Proposal deadline. The cost for developing the Proposal is the sole responsibility of the
Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed
pricing adjustment for follow-on renewal periods shall be submitted to the City
Representative in writing at least ninety (90) days prior to the new Agreement term. The
City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not
to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Los Angeles -Long Beach -Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted;
annualized change comparing the most recent month's reported data to the same month
of the prior year. (This information may be found on the U.S. Department of Labor's
website at www.bls.gov.)
H. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a "protest" to an RFP
with the City's Purchasing Department. In order for a Proposer's protest to be considered
valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP
Results/Notice of Intent to Award on the City's online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If
the protest is valid, the City's Purchasing Manager, or other designated City staff member,
shall review the basis of the protest and all relevant information. The decision from the
Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
VII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms,
included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer's Certification and Proposal Item Pricing
Attachment B: References
• Attachment C: Proposer's Statement
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• Attachment D:
Non -Collusion Affidavit
• Attachment E:
Non -Lobbying Certification
• Attachment F:
Non -Discrimination Certification
• Attachment G:
Subcontractor Designation Form
• Attachment H:
CARB Fleet Compliance Certification
• Attachment I:
Statement Regarding CWA Requirements
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed
as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals
submitted and no representation is made hereby that any commitment will be awarded pursuant
to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally
authorized to contractually bind the Proposer.
• City will not waive notarization requirement when applicable on any of the
required attachments.
VIII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services
similar to those specified in this RFP have been performed, including contact names and
telephone numbers. Use ATTACHMENT B — References. The respondent grants permission
for the City to contact any individuals listed as references.
City may disqualify a Proposer if -
References fail to substantiate Proposer's description of services and
deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the
Proposer's responsibility to inform the point of contact(s) of normal City
working hours.
IX. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit 11 — Sample Agreement
X. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will
evaluate proposals based on the response to the RFP, which includes adherence to outlined
directions and format, and the City evaluation criteria set forth below.
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CITY OF SANTA ANA
B. Scoring Criteria: Proposers will be ranked by the review committee based on the following
criteria:
CATEGORY
POINTS
Responsiveness to RFP
• Proposal's compliance with the requirements of this RFP.
• Scope of Services offered including ability to provide optional services.
20
• The value to any new and/or innovative product or service suggestions or
other new ideas and enhancements.
Understanding of Need
• Include milestones of completion of key tasks, to be completed by
35
specific team members.
Relevant Project Experience/Schedule of Delivery
• Relevant project experience within the last 5 years, including experience
with public agencies.
40
• The experience, resources, and qualifications of the firm and individuals
assigned to this account, including manager, supervisor and assigned
staff.
References
• References that are similar in size and project scope to the City.
5
TOTAL POSSIBLE SCORE
100
Before interviews - if held)
Interviews
• The City reserves the right to conduct interviews with the highest -rated
firm(s). In the event the City does perform an interview process, the
20
following is the maximum number of additive points that may be applied
to the proposal score. Total possible score may exceed 100 points.
C. Rankings: A final score will be calculated for each submitted proposal and used to rank
Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only
those proposals receiving a score above 70 will be considered for award. The City reserves
the right to award the contract to any proposer(s) with a score above 70. The review
committee will evaluate proposers based on their response to the RFP and the City
evaluation criteria set forth above.
D. Interviews: The review committee may invite the proposers to interview. If invited to interview,
Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to
present proposals. A final score will be calculated for each submitted proposal and used to
rank Proposers. City reserves the right to begin negotiations and enter into a contract without
holding interviews, or further discussions.
E. Selection: The City is under no obligation to accept any proposal and reserves the right to
negotiate with respondents as to fees and terms. The City may reject proposals at its sole
discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be
considered non -responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards
in the best interests of the City after all factors have been evaluated. The review committee
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will recommend the qualified Proposers to the City Council or City Manager for award of
contract, as appropriate.
XI. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the
proposal by providing written notice of the proposal withdrawal to the City Contact/Project
Manager. Verbal or telephonic withdrawals are not permissible.
XII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans
with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing
regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against
persons with disabilities nor against persons due to their relationship to or association with a
person with a disability. Any contract entered into by the awarded Contractor (or any
subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer must obtain a City of Santa Ana Business License prior to the
execution of a contract and must provide a copy to the Buyer assigned to this RFP. The
awarded party shall maintain a current business license throughout the term of the resulting
contract. Procedure to obtain a City of Santa Ana Business License is available by contacting
the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the
City's website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The
City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with the best interests of the City. This obligation shall apply to
the Contractor; the Contractor's employees, agents, and Subcontractors associated with
accomplishing work and services hereunder. The Contractor's efforts shall include, but not
be limited to, establishing precautions to prevent its employees, agents, and Subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to influence or appear to influence City staff or elected officers from acting
in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship that
might be perceived or represented as a conflict should be disclosed. The City reserves the
right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded
a Contract for the provision of services, the delivery of supplies, or the provision of any other
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related action which is required, suggested, or otherwise deemed appropriate as an end
product of this Contract. Therefore, Contractor is precluded from contracting for any work
recommended as a result of this Contract.
E. CONTRACTOR'S EXPENSE
Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to
entering into a formal contract. Costs of developing a response to this RFP, are entirely the
responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre -
contractual expenses are not to be included in the cost proposal. Pre -contractual expenses
include, but are not limited to, preparation of the proposal, submission of the proposal and
additional information, attendance at pre -proposal conference, negotiating any matter related
to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date
of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on City sites during the
performance of work and services under this Contract.
F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor's proposal
shall be the individuals who will actually complete the work. Changes in staffing must be
reported in writing and approved by the City. The City shall have the right to require the
removal and replacement of the Contractor's Project Manager and key personnel under the
awarded contract. The City shall notify the Contractor in writing of such action. The City is
not required to provide any reason, rationale, or additional factual information if it elects to
request any specific key personnel be removed from performing services under the awarded
contract. The City shall review and approve the appointment of the replacement for the
Contractor's personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor's personnel shall be courteous and maintain good working
relationships with all stakeholders, state or outside agencies, other team members and staff
within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and
fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees
shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the
preparation of required items. These materials shall be made available to and as requested
by City.
All materials, documents, data or information obtained from the City Data files or any City
medium furnished to Contractor in the performance of an awarded contract will at all times
remain the property of the City. Such data or information may not be used or copied for direct
or indirect use by Contractor after completion or termination of this Contract without the
express written consent of the City. All materials, documents, data or information, including
copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
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become property of the City. Proposer information identified as proprietary shall be
maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG -FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters
relating to providing a drug -free workplace. Failure to comply with these requirements may
result in suspension of payments under the Contract or termination of the contract or both,
and the Contractor may be ineligible for award of any future City contracts.
EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City's objectives. Any attachments referenced herein
or any interpretations, clarifications or amendments subsequently posted in relation to this
RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City
Contact/Project Manager's attention as soon as possible so that corrective addenda may be
furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical
competence, or are indicative of failure to comprehend the complexity and risk of this
contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an
Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a
Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being
notified of selection under this RFP, the City reserves the right to disqualify them without any
further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
retain the right to notify the provider of such occurrence in writing at least thirty (30) days
before the end of the current fiscal period and terminate the contract on the last day of the
current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees,
nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for
workers' compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP,
they should do so on a prime sub -consultant basis. The City intends to contract with a single
firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub -consultants be offered, the Proposer shall provide the same
assurances of competence for the sub -consultant plus the demonstrated ability to manage
and supervise the subcontracted work. Sub -consultants shall not be allowed to further
subcontract with others for work under the Agreement. The provisions of the Agreement shall
apply to all sub -consultants in the same manner as the Proposer. The proposer is responsible
for all the actions taken by their sub -contractor.
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CITY OF SANTA ANA
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, any civil or criminal litigation or investigation pending which
involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to
comply with the terms of this provision will disqualify any proposal. The City reserves the
right to reject any proposal based upon the Proposer's prior history with the City or with any
other party, which documents, without limitation, unsatisfactory performance, adversarial or
contentious demeanor, significant failure(s) to meet contract milestones or other contractual
failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The
contract between the parties will consist of the RFP together with any modifications thereto,
and the awarded Contractor's proposal, together with any modifications and clarifications
thereto that are submitted at the request of the City during the evaluation and negotiation
process. In the event of any conflict or contradiction between or among these documents,
the documents shall control in the following order of precedence: the final executed contract,
the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the
awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the
final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors
unless and until an agreement is reached. If contract negotiations cannot be concluded
successfully, the City reserves the right to negotiate a contract with another Contractor or
withdraw the RFP.
Q. NON -PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event
of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced
under this contract by the Contractor. All documents, reports and other incidental or derivative
work or materials furnished hereunder shall become and remains the sole property of the City
and may be used by the City as it may require without additional cost to the City. Contractor
shall provide the City copies of documents upon its request at any time. None of the documents,
reports and other incidental or derivative work or furnished materials shall be used by the
Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while
providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where
Contractor is performing work, but shall be responsive only to the requests of the City's
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Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or
designee.
Contractor acknowledges that City locations consist of public -use facilities and recognizes
the obligation to ensure Contractor personnel and agents maintain the highest level of
professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected
Proposer shall identify a sole point of contact, Project Manager, with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period
of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose
to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and
another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly
label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees
to indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City shall constitute a complete waiver of any and all claims
for damages caused by any release of the information. Proposer information identified as
proprietary shall be maintained confidential, to the extent allowed under the California Public
Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the
contractual relationship between the Awarded Subcontractor and each Subcontractor. An
official of each proposed Subcontractor must sign, and include as part of the proposal
submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read
and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed
after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual
obligations which may result from an award based on this RFP, and the awarded Contractor
shall not be relieved for the non-performance of any or all Subcontractors.
XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS
A. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has
ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight
hours, for each craft or type of worker or mechanic needed to execute any construction or
maintenance contract, which may be awarded by Public Works. The current prevailing wage
rates as adopted by the Director of the Department of Industrial Relations are incorporated
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(9)CITY OF SANTA ANA
herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing
Wage determination made by the Director of Industrial Relations / Pursuant to California
Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).
Contractor is required to pay the prevailing wage rate referred to above and is responsible
for selecting the craft/classification of workers which will be required to perform this service
in accordance with the Contractor's method of performing the work. Pursuant to Section 1775
of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or
portion thereof, for each worker paid less than the stipulated prevailing wage rates for any
public work done under this Contract or by any subcontractor.
Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirement on "public works" and "maintenance" projects. Since the
services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide
Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the job site. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be
listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless
registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5
[with limited exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a
public works project (awarded on or after April 1, 2015) unless registered with the Department
of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to
compliance monitoring and enforcement by the Department of Industrial Relations. Contractors
are further cautioned that certified payrolls shall be submitted electronically directly to the
Department of Industrial Relations.
C. CAL -OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal -OSHA regulations and all other
applicable codes required for vehicle use on the roads or highways in the state of California.
D. CARB FLEET COMPLIANCE CERTIFICATION
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable
requirements of the most current version of the regulations imposed by California Air
Resources Board ("CARB") including, without limitation, all applicable terms of Title 13,
California Code of Regulations Division 3, Chapter 9 and all pending amendments
("Regulation").
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CITY OF SANTA ANA
Throughout the Project, and for three (3) years thereafter, Contractor shall make
available for inspection and copying any and all documents or information associated
with Contractor's and its subcontractors' fleets including, without limitation, the
Certificates of Reported Compliance ("CRCs"), fuel/refueling records, maintenance
records, emissions records, and any other information the Contractor is required to
produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice
from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the
Regulation as well as for any and all penalties, fines, damages, or costs associated with
any and all violations, or failures to comply with the Regulation. Contractor shall defend,
indemnify and hold harmless the City, its officials, officers, employees and authorized
volunteers free and harmless from any claims, liabilities, costs, penalties or interest
arising out of any failure or alleged failure to comply with the Regulation.
E. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type
of construction involved and materials and techniques specified.
F. COMMUNITY WORFORCE AGREEMENT
For projects with bids greater than $750,000 for prime multi -trade construction contracts
(including all subcontractors) or over $100,000 for specialty contracts (contracts either limited
to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall
adhere to the CITY'S Community Workforce Agreement (CWA). This project is considered
a specialty contract. The CWA is a pre -hire collective bargaining agreement, which
establishes the labor relations policies and procedures for CONTRACTOR to follow in the
crafts persons employed to complete the WORK OF IMPROVEMENT as more fully
described in the CWA. The CWA is incorporated by reference in the Construction Contract.
A copy of the CWA may be found in EXHIBIT III.
G. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste
and non -usable material resulting from the work under this Contract and shall be disposed
of at the completion of each work day by the Contractor. Hazardous waste must be disposed
of in accordance with the Resource Conservation and Recovery Act and all other applicable
federal, state, and local laws and regulations.
H. CHEMICALS
Handling and delivery of all materials must comply with all local, State, and Federal safety
regulations and must maintain appropriate hazardous material transportation and handling
certifications and licensing as applicable.
SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special
provisions:
Contractor shall be solely responsible for ensuring that all work performed under the contract
is performed in strict compliance with all applicable Federal, State and local occupational
safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety
devices and protective equipment, and shall take any and all actions appropriate to providing
a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
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CITY OF SANTA ANA
a. Contractor shall train all employees, or subcontractor personnel in the
work practices necessary to safely perform his or her job.
b. Contractor shall identify all known potential hazards related to the work performed
and train all employees and subcontractor personnel on how to handle the potential
hazards.
c. Contractor, their employees and subcontractors shall follow all safety rules and safe
work practices.
d. Contractor will immediately notify the City of any significant and/or unusual hazards
found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous
materials to be utilized on site in the performance of work.
f. Contractor is solely responsible for the legal disposal of hazardous waste generated
in the performance of their work.
Safety Indemnification: To the extent allowed by law, the Contractor agrees to
defend, indemnify and hold harmless the City, its officers, employees and agents
from and against any and all investigations, complaints, citations, liability, expense
(including defense costs and legal fees), claims and/or causes of action for damages
of any nature whatsoever, including but not limited to injury or death to employees
of the Contractor, its subcontractors or City, attributable to any alleged act or
omission of the Contractor or its subcontractors which is in violation of any Cal OSHA
regulation. The obligation to defend, indemnify and hold harmless includes all
investigations and proceedings associated with purported violations of Section
336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer
work sites. The City may deduct from any payment otherwise due the Contractor any
costs incurred or anticipated to be incurred by the Agency, including legal fees and
staff costs, associated with any investigation or enforcement proceedings brought
by Cal OSHA arising out of the assigned work.
OTHER SAFETY REQUIREMENTS
Contractor shall take all reasonable precautions, as directed by the City, or in the absence of
such direction, in accordance with sound industrial practices, to safeguard and protect City
property and adjacent property. Damages to properties caused by Contractor's negligence shall
be repaired at no cost (both labor and material) to the City.
Contractor is responsible for advising and ensuring compliance by Contractor's employees
with all applicable environmental and hazardous materials handling laws and regulations.
Contractor shall provide City a full report of damage to City property and/or equipment by
Contractor's employees. All damage reports shall be submitted to the Site Coordinator within
twenty-four (24) hours of occurrence.
Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.)
as required or necessary to ensure the safety of the public, City, and Contractor's employees.
K. SPILL LIABILITY
The City does not assume liability for spills or other releases of hazardous wastes which are
caused by the negligence of the contractor once hazardous waste materials are in the
possession of the contractor or transported off site.
L. RECORDKEEPING AND REPORTS
Contractor is required to provide upon request, detailed data and information required by the
City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste
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description, manifest number and line number, date waste shipped, disposal and recycling
facilities utilized, final disposal method utilized, quantity shipped (pounds), waste profile
number, and any additional information requested.
All records and reports shall be available in electronic (including Excel, Word, and PDF
Format) and hard copy format at all times during the term of the contract.
XIV. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful
negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer"
will hereinafter be referred to as "Consultant" or "Contractor" in standard agreement. The
term of the agreement will begin after the agreement is fully executed, and all required bonds,
insurance documents and contents of the payment information packet have been received
and approved.
XV. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of
services or at any time as required by the City, to discuss and agree on operational issues
including transition of services and scheduling.
B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required
bonds, insurance documents, and contents of the Information Packet for review and
approval by the City. "On -Call" contracts require the City Project Managers to request a
project/task proposal from Consultants on an "as -needed" basis. Proposals will then be
evaluated by City Staff and written NTPs will be issued accordingly per task order.
19
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INTRODUCTION/BACKGROUND
CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
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:Hdocs.googIe.com/viewerng/viewer?url=https://storage.googIeapis.com/proudcitV/santaanaca/upI
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.
(9)
SCOPE OF WORK:
CITY OF SANTA ANA
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
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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 mechanism 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.
CITY OF SANTA ANA
EXHIBIT II
SAMPLE AGREEMENT
CONSULTANT -AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20 by and between
, ("Consultant"), 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. The City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field
and that any services performed by Consultant under this Agreement will be performed in compliance with
such standards as may reasonably be expected from a professional consulting 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:
SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor,
materials, tools, equipment, and incidental customary work required to fully and adequately complete the services
described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates
and charges identified in Compensation - Exhibit B. The total amount to be expended during the
term of this Agreement shall not exceed $xxxxxx.
b. Payment by City shall be made within forty-five (45) 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 [enter a Start Date or "the date first written above"] for a number (#)
year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the
City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant
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 relationship, or to allow the City to exercise discretion or control over the
professional manner in which Consultant performs the services which are the subject matter of this Agreement;
however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
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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 documents 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 Consultant under this Agreement ("Documents & Data").
Consultant 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. Consultant represents and
warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were provided to Consultant 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 (To be Reviewed by City of Santa Ana Risk Management Division per Final Scope)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance of the work
hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
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/location (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), or if Contractor has no
owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000
per accident for bodily injury and property damage.
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.
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 higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the
CGL policy 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. General liability
coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO
Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions
used).
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Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance coverage
at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. 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.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to
the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may
acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the 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. The policy language shall provide, or be endorsed to
provide, that the self -insured retention may be satisfied by either the named insured or City.
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.
Claims Made Policies
If any of the required policies provide claims -made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract
work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after
completion of the contract of work.
3. 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, the Contractor must purchase "extended reporting" coverage
for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable
policy language effecting coverage required by this clause. All certificates and endorsements are to be received
and approved by the City before work commences. 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.
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
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, 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,
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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 equitable
relief is due by reason of the terms of or effects arising from 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 terms of, or
effects, arising from 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 to 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 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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 costs, contained in the work product or documents provided by Consultant to the City
pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant 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 Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of
the City to examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant 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 Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably
understood to be confidential and/or proprietary, Consultant 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 include 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 Consultant disclosed in a publicly available source; (c) is in rightful possession
of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is
independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant 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
Consultant 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
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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. Consultant 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 Consultant 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, Consultant may
not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and
any 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, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services
performed by Consultant 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 Consultant 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 Consultant 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 breach,
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
Consultant 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
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and regulations of the United States, the State of California, the City of Santa Ana and all other governmental
agencies. Consultant 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. 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:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
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 asset 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.
20. MISCELLANEOUS PROVISIONS
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.
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 Consultant is providing services not
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contemplated by this Agreement.
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Interim City Manager
CONSULTANT:
(name)
(title)
SAMPLE ONLY
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EXHIBIT III
COMMUNITY WORKFORCE AGREEMENT (CWA)
For projects with bids greater than $750,000 for prime multi -trade construction contracts (including all
subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft
or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY'S Community
Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is a pre -hire
collective bargaining agreement, which establishes the labor relations policies and procedures for
CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as
more fully described in the CWA. The CWA is incorporated by reference in the Construction Contract. A
copy of the CWA may be on the City's website at www.santa-ana.org/documents/community-workforce-
agreement/.
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EXHIBIT IV
FOR PROPOSERS' REFERENCE ONLY
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EXHIBIT V
FOR PROPOSERS' REFERENCE ONLY
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ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services
being requested as specified herein. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT TITLE
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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ATTACHMENT B
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm
Signed and Printed Name:
Title
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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ATTACHMENT C
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed
State of , County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by
, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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ATTACHMENT D
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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ATTACHMENT E
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
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or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1420, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
CITY OF SANTA ANA
ATTACHMENT F
SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth
below the name and location of each subcontractor who will perform work or labor or render service to the bidder
in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder's total bid and the kind of
work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section
4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform
the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder
must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those
subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an
amount in excess of one half of one percent (0.5%) of bidder's total bid, including alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of
work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further
space is required for the list of proposed subcontractors, additional sheets showing the required information, as
indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned
related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion
of work according to detailed drawings contained in the plans and specifications in the amount greater than one
half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.
Subcontractor Name:
Location:
Portion of Work/Trade:
Bid Amount
Contractor's License Number
DIR Registration No.
Subcontractor Name:
Location:
Portion of Work/Trade:
Bid Amount:
Contractor's License No:
DIR Registration No:
❑ Contractor will not be subcontracting any portion of work.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(9)
CITY OF SANTA ANA
ATTACHMENT G
CARB FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and
regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9,
effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option
checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported
Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject
vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the
Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling
methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure
renewable diesel (i.e. third -party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this
Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the
exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained,
pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached
hereto.
Bidder's Company Name (please print or type)
Signature of Bidder
Print Name
Title
DOORS ID
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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CITY OF SANTA ANA
ATTACHMENT H
STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA)
REQUIREMENTS
This is to certify that the undersigned Proposer and subconsultants have read and undertand the CWA
entered into by and between the City of Santa Ana, Los Angeles/Orange Counties Building and
Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6,
2023. The Undersigned Proposer hereby agrees to comply with all terms and conditions of the CWA, and
are capable of completing construction of the project continuously, without interruptions or delays. If
awarded any work covered by the CWA, Proposer will also be required to sign a Letter of Assent that
appears as Attachment A to the CWA documents.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
MAYOR
Valerie Amozcua
MAYOR PRO TEM
Thai Viet Phan
COUNCILMEM8ERS
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penatoza
Benjamin Vazquez
April 25, 2024
ADDENDUM No. ONE
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
20 Civic Center Plaza • P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.oro
SUBJECT: RFP NO. 24-044 Climate Action Plan Update
ACTING CITY MANAGER
Alvaro Nunez
CITY ATTORNEY
Sonia R. Carvalho
CITY CLERK
Jennifer L. Hall
The following changes/clarifications have been made to the submittal requirements of the
subject RFP:
1. NOTICE INVITING PROPOSALS
Title Sheet
Replace Key RFP Dates:
KEY RFP DATES (Subiect to chanlZe at discretion of City):
Issue Date: April 5, 2024
Deadline for Requests for Information: May 14, 2024 at 2:00 p.m. PST
Proposal Due Date: May 24, 2024 at 4:00 p.m. PST
Projected Award Date: July 16, 2024
Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids
system no later than May 24, 2024, at 4:00 p.m. Proposals received after this date/time will not be
considered. It is the responsibility of the proposer to ensure that any proposals submitted have
sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.
2. SCOPE OF WORK: TASK 3: CAP REVISIONS
Additional bullet points including:
• Conduct emissions baseline and compare to previous to outline progress and
areas of enhancement
• Conduct climate risk assessment to inform measures for adaptation prioritization
• Identify goals for reduction and targets for resilience
SANTA ANA CITY COUNCIL
Valerie Amazcua Thai Vie[ Phan Benjamin Vazquez Jessie Lopez Phil Bacerra Johnalhan Ryan Hernandez David Penaloza
Mayor Mayor Pm Tam, Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 5
vamezcuaCdrsanka-ana.gro lohan(fsanta-ana.ora hvazquez[u}sanfa-ana.crg iessielooezzanta-ana.oro tacema Santa-ana.o irvanhemandezla Santa-ana_om doenaloza[gsanta-ana om
Deliverables Update:
SWOT Analysis (Optional); Draft CAP update document; Final CAP update document;
Workforce Development Plan; Climate Risk and Resiliency Assessment and interim
draft materials, as needed.
3. SECTION XII1. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS
PROJECTS
Remove Section A - All reference to Prevailing Wage, as it is not a requirement for this
Request for Proposal for professional services.
Remove Section D — All reference to CARB Fleet Compliance and Attachment G (Page
40)
Remove Section F — All reference to Community Workforce Agreement (CWA) and
Attachment EHIBIT III (Page 30), Attachment H (Page 41)
4. SCOPE OF WORK: TASK 3: CAP REVISIONS
Additional bullet points including:
+ Conduct emissions baseline and compare to previous to outline progress an
areas of enhancement
Conduct climate risk assessment to inform measures for adaptation prioritization
Identify goals for reduction and targets for resilience
This addendum includes eight pages (including this one).
ALL OTHER ITEMS REMAINING
FOR THE CITY OF SANTA ANA
Radolfo Rosas, P.E
Deputy Public Works Director/City
Engineer
SANTA ANA CITY COUNCIL
Valerie Amezcua Thai Viet Phan Benjamin Vazquez Jessie Lopez Phil Racerra Johnethan Ryan Hemendez David Pi
Mayor Mayor Pro Tem. Ward 1 Ward 2 Ward 3 Ward 4 Will 5 War
vamezcua(alsanta-ana.ora tphan@santa-ana.orq bvazguez@santa-anaxrg hessielcpeiZ,`anta-ana,orq pbacerra(alsanta-anaprq anhemanta-ana.urg dpenalozano.s
REQUEST FOR PROPOSALS (RFP)
FOR
CLIMATE ACTION PLAN UPDATE
RFP NO.: 24-044
CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92701
Hayley Gilbert
Project Manager
(714) 647-5059 Office
HGilbert(d)santa-ana.or
for Release:
Nabil Saba, P.E.
Executive Director
Public Works Agency
KEY RFP DATES (Subject to chanIZe at discretion of City):
Issue Date: April 5, 2024
Deadline for Requests for Information: May 14, 2024 at 2:00 p.m. PST
Proposal Due Date: May 24, 2023 at 4:00 p.m. PST
Projected Award Date: July 16, 2024
(2)CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND...........................................................................................................................3
II. OVERVIEW OF PROJECT.......................................................................................................... 3
III. PRE -PROPOSAL MEETING.......................................................................................................3
IV. TERM OF AGREEMENT............................................................................................................ 3
V. MINIMUM QUALIFICATIONS...................................................................................................... 4
VI. RESPONSE TO RFP.................................................................................................................. 4
VII.
CERTIFICATIONS (ATTACHMENTS)......................................................................................... 8
VIII.
REFERENCES............................................................................................................................
9
IX.
MINIMUM SCOPE AND LIMIT OF INSURANCE.........................................................................
9
X.
SELECTION PROCEDURES & CRITERIA.................................................................................
9
XI.
WITHDRAWALS........................................................................................................................11
XII.
GENERAL TERMS AND CONDITIONS....................................................................................
11
XIII.
ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS ........................
15
XIV. AWARD OF AGREEMENT........................................................................................................ 19
XV. IMPLEMENTATION................................................................................................................... 19
EXHIBITS
Exhibits provided herein for Proposers' reference only.
EXHIBIT I — SCOPE OF SERVICES
EXHIBIT 11 — SAMPLE AGREEMENT
EEX HIQIT III G05. 1141 IAIITV \.NQRKFORGFE AGRFEEEMENT (GVVA)
ATTACHMENTS
A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING
B PROPOSER'S STATEMENT
C NON -COLLUSION AFFIDAVIT
D NON -LOBBYING CERTIFICATION
E NON-DISCRIMINATION CERTIFICATION
F SUBCONTRACTOR DESIGNATION FORM
GARB FLEET COMPLIANCE CERTIFICATION
d STATEMENT REGAIREANG 0414 REQ IIRMENTS
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CITY OF SANTA ANA
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.
Proposals shall be valid for a minimum of one hundred eighty (180) days following
Proposal deadline. The cost for developing the Proposal is the sole responsibility of the
Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed
pricing adjustment for follow-on renewal periods shall be submitted to the City
Representative in writing at least ninety (90) days prior to the new Agreement term. The
City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not
to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Los Angeles -Long Beach -Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted;
annualized change comparing the most recent month's reported data to the same month
of the prior year. (This information may be found on the U.S. Department of Labor's
website at www.bls.aov.)
H. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a "protest" to an RFP
with the City's Purchasing Department. In order for a Proposer's protest to be considered
valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP
Results/Notice of Intent to Award on the City's online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If
the protest is valid, the City's Purchasing Manager, or other designated City staff member,
shall review the basis of the protest and all relevant information. The decision from the
Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
VII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms,
included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer's Certification and Proposal Item Pricing
Attachment & Refe FeRGes
• Attachment C: Proposer's Statement
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CITY OF SANTA ANA
41, Attachment D: Non -Collusion Affidavit
41, Attachment E: Non -Lobbying Certification
41, Attachment F: Non -Discrimination Certification
• Attachment G: Subcontractor Designation Form
• Att-a Ghrnent K GARB Flc + GernplianGe-GeFtiiTiGatienT
Attachment I: Statement Regarding CWA Requirements
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed
as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals
submitted and no representation is made hereby that any commitment will be awarded pursuant
to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally
authorized to contractually bind the Proposer.
• City will not waive notarization requirement when applicable on any of the
required attachments.
VIII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services
similar to those specified in this RFP have been performed, including contact names and
telephone numbers. Use ATTACHMENT B — References. The respondent grants permission
for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer's description of services and
deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the
Proposer's responsibility to inform the point of contact(s) of normal City
working hours.
IX. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit 11— Sample Agreement
X. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will
evaluate proposals based on the response to the RFP, which includes adherence to outlined
directions and format, and the City evaluation criteria set forth below.
(2)CITY OF SANTA ANA
Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or
designee.
Contractor acknowledges that City locations consist of public -use facilities and recognizes
the obligation to ensure Contractor personnel and agents maintain the highest level of
professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected
Proposer shall identify a sole point of contact, Project Manager, with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period
of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose
to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and
another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly
label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees
to indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City shall constitute a complete waiver of any and all claims
for damages caused by any release of the information. Proposer information identified as
proprietary shall be maintained confidential, to the extent allowed under the California Public
Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the
contractual relationship between the Awarded Subcontractor and each Subcontractor. An
official of each proposed Subcontractor must sign, and include as part of the proposal
submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read
and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed
after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual
obligations which may result from an award based on this RFP, and the awarded Contractor
shall not be relieved for the non-performance of any or all Subcontractors.
XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS
■ ■_ KIN•_
(2)CITY OF SANTA ANA
B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be
listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless
registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5
[with limited exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a
public works project (awarded on or after April 1, 2015) unless registered with the Department
of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to
compliance monitoring and enforcement by the Department of Industrial Relations. Contractors
are further cautioned that certified payrolls shall be submitted electronically directly to the
Department of Industrial Relations.
C. CAL -OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal -OSHA regulations and all other
applicable codes required for vehicle use on the roads or highways in the state of California.
16
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CITY OF SANTA ANA
I
E. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type
of construction involved and materials and techniques specified.
G. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste
and non -usable material resulting from the work under this Contract and shall be disposed
of at the completion of each work day by the Contractor. Hazardous waste must be disposed
of in accordance with the Resource Conservation and Recovery Act and all other applicable
federal, state, and local laws and regulations.
H. CHEMICALS
Handling and delivery of all materials must comply with all local, State, and Federal safety
regulations and must maintain appropriate hazardous material transportation and handling
certifications and licensing as applicable.
SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special
provisions:
Contractor shall be solely responsible for ensuring that all work performed under the contract
is performed in strict compliance with all applicable Federal, State and local occupational
safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety
devices and protective equipment, and shall take any and all actions appropriate to providing
a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
17
(2)
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
• Conduct emissions baseline and compare to previous to outline progress and areas of
enhancement
• Conduct climate risk assessment to inform measures for adaptation prioritization
• Identify goals for reduction and targets for resilience
Deliverables: SWOT Analysis (Optional); Draft CAP update document; Final CAP update document;
Workforce Development Plan; Climate Risk and Resiliency Assessment, 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 mechanism 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.
(2)
CITY OF SANTA ANA
(2)
CITY OF SANTA ANA
(2)
CITY OF SANTA ANA
EXHIBIT 2
AGREEMENT WITH CUMMING MANAGEMENT GROUP INC. FOR CLIMATE ACTION
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 April 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. Contractor 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. In 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. SCOPE OF SERVICES
Contractor 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. COMPENSATION
a. City 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. Payment 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 term of this
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 relationship, 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 documents 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.
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
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.
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 prior 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.
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 requiredby 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 therisk, prior experience, insurer, coverage, or
other special circumstances.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its City Council,
officers, officials, agents, employees, contractors, 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 equitable 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 to 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 costs, 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 created 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 include 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 information
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 any 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 breach, 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]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Jennifer L. Hall
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Kyle 1`�t�flesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
N a b i l Saba Date: 202 08.261 03:47 Saba
-07'00,
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Alvaro Nunez
City Manager
CUMMING MANAGEMENT GROUP:
clhl'-LklL E go-ez
Christine Marez (Aug 21, 202412:35 PDT)
Christine Marez
Senior Vice President
EXHIBIT A
(9)
CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
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:Hdocs.google.com/viewerng/viewer?url=https://storage.googleapis.com/proudcitV/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.
(9)
SCOPE OF WORK:
CITY OF SANTA ANA
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
(9)
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 mechanism 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.
EXHIBIT B
Cost P ro posa l
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 Planetoids, 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.
Table 1. Labor Rates
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 Wakerstein, Stakeholder Engagement & Equity Coordinator $170
Jason Pack, VMT & Transportation Lead $345
Paul Herrmann, VMT & Transportation Manager $265
Table 2. Task Budget
TASK 1. PROJECT MANAGEI
TASK 1. S IAKEHULL&K tNUAGtMtN I
TASK 3. CAP REVISIONS
TASK 4.ONGOING MONITORING AND REPORTING
TASK 5.OTHER TECHNICAL SUPPORT AS ASSIGNED
2,436
$450,060
28b
837
330
820
j48,//S
$164,980
$58,175
$131,750
I rz. Mlt5��kl
7
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Cost Proposal
Cost P ro posa l
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 Planetoids, 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.
Table 1. Labor Rates
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 Wakerstein, Stakeholder Engagement & Equity Coordinator $170
Jason Pack, VMT & Transportation Lead $345
Paul Herrmann, VMT & Transportation Manager $265
Table 2. Task Budget
TASK 1. PROJECT MANAGEI
TASK 1. S IAKEHULL&K tNUAGtMtN I
TASK 3. CAP REVISIONS
TASK 4.ONGOING MONITORING AND REPORTING
TASK 5.OTHER TECHNICAL SUPPORT AS ASSIGNED
2,436
$450,060
28b
837
330
820
j48,/(b
$164,980
$58,175
$131,750
CUMMING
GROUP
cumming-group.com
BUILDING VALUE THROUGH EXPERTISE