Loading...
HomeMy WebLinkAbout2018-03-13 - AGENDA REPORTS - TRANS DEVELOPMENT PLAN CONSULTANT (2)3 Agenda Item: 3 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: March 13, 2018 SUBJECT: AWARD OF CONTRACT FOR TRANSPORTATION DEVELOPMENT PLAN CONSULTANT DEPARTMENT: Neighborhood Services PRESENTER: Adrian Aguilar RECOMMENDED ACTION City Council: 1. Award a contract to Moore & Associates to update the transportation development plan in the amount of $184,759, and authorize a contingency of $15,241, for a total not to exceed $200,000. 2. Authorize the City Manager or designee to execute all contract documents, or modify the award in the event issues of impossibility of performance arise, subject to City Attorney approval. BACKGROUND Santa Clarita Transit has served the residents of our city since 1992. In the 26 years of transit operations the City of Santa Clarita (City) has grown significantly in both size and population. As a result, the transit system has grown to a fleet of over 100 vehicles providing local, commuter, and Dial-A-Ride services. The Transportation Development Plan (TDP) serves as a guiding document to ensure Santa Clarita Transit continues to meet the needs of the ever- changing community. The TDP covers a planning period of five to ten years and is updated with similar regularity. This project will update the 2012 TDP which included a series of short-, medium-, and long-term recommendations. Incremental route and service enhancements have since been implemented that address nearly all of the 2012 TDP recommendations. However, since the doc completion, a number of significant changes within the City have taken place that elicit the need to once again review the service as a whole. The 2018 TDP update will address recent and future developments, such as Vista Canyon and the recently approved Newhall Ranch project, as well Page 1 Packet Pg. 20 3 as shifts in demographics and employment trends in order to ensure service recommendations adequately address projected transit needs. The Request for Proposal was published on Planet Bids on October 30, 2017. Notifications were also sent directly to consultants on file. Three firms dialed into an optional pre-bid teleconference that was held on Tuesday, November 21, 2017. Two bids were received by the closing date of December 5, 2017. Written proposals were scored according to five categories: Understanding of the Project Requirements (15%), Staff Qualifications (35%), Experience (20%), References (10%), and Cost of Services Provided (20%). A panel of four City staff members evaluated and scored all responsive proposals for project understanding, staff qualifications, and experience. The corresponding score for each category represents an average of the four individual staff scores. References for each firm were provided within their written proposal and contacted by Santa Clarita staff. Scores were representative of both responses to the reference as well as the accounted for both cost/project hours as well as percentage of dedicated project manager hours in relation to total proposed project hours. Proposed Project Staff Experience References Proposed Total Firms Understanding Qualifications Cost Score Stantec 9.25 25.00 15.50 8.25 $297,945/ 77.00 Consulting 19.00 Moore & 13.75 30.00 17.50 8.83 $184,759/ 88.08 Associates 18.00 After employing the aforementioned scoring procedures, staff found that Stantec Consulting Services earned a final score of 77 and Moore & Associates produced a score of 88. Moore & al and prior experience demonstrates their depth of understanding of the overall project and their ability to deliver a document that can be referenced for years to come. eatest value to the City. ALTERNATIVE ACTION Other action as determined by Council. FISCAL IMPACT There is no fiscal impact to the General Fund. All required funding is available in the FY 2017- 18 Transit Division budget. ATTACHMENTS TMF-17-18-28 RFP (available in the City Clerk's Reading File) Page 2 Packet Pg. 21 NOTICE INVITING BIDS Transportation Development Plan Proposal # TMF-17-18-28 The City of Santa Clarita is soliciting sealed proposals from qualified consultants to create a Transportation Development Plan (TDP) for the City of Santa Clarita Transit which serves as an update to the 2013 TDP. REQUEST FOR PROPOSALS Proposal responses must be received electronically before 11:00 AM on December 5, 2017, by the Purchasing Agent of the City of Santa Clarita. Electronic bids may be viewed at: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# PROPOSAL # TMF-17-18-28 Transportation Development Plan Specifications for this proposal may be downloaded from the City’s Purchasing website at http://www.santa-clarita.com/city-hall/departments/administrative-services/purchasing. Please refer to specifications for complete details and proposal requirements. A voluntary pre-bid meeting will occur Tuesday, November 14, 2017 at 8:30 AM. A RVSP is REQUIRED for attendance to the meeting. Interested parties may RVSP via Planet Bids no later than noon on Monday, November 13, 2017. Attendees will meet at: TMF (Transit Maintenance Facility), 28250 Constellation Rd, Santa Clarita, CA 91355 on 8:30 AM. This will be the one and only walk thru for this RFP. The specifications in this notice shall be considered a part of any contract made pursuant thereto. Purchasing (661) 255-4399 PROPOSAL # TMF-17-18-28 1 CITY OF SANTA CLARITA REQUEST FOR PROPOSAL INVITATION PROPOSAL # TMF-17-18-28 ELECTRONIC PROPOSALS ARE DUE BEFORE: 11:00 AM, Tuesday, December 5, 2017 The City of Santa Clarita invites electronic proposals for: Transportation Development Plan 1. Proposal responses must be uploaded to Planet Bids at: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# 2. Prices shall be D.D.P. Destination or for the service rendered. 3. Proposer shall honor proposal prices for One Hundred Twenty (120) days or for the stated contract period, whichever is longer. 4. Proposals must include this Proposal form and be signed by the contractor's authorized representative. This signature acknowledges the proposer has read and understands the requirements contained on pages 1 to 27 and attachment A. 5. The last day for questions will be 10:00 AM, Monday, November 27, 2017. Questions should be submitted electronically to: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# 6. The contractor is responsible for the accuracy and completeness of any solicitation form not obtained directly from the City. PROPOSER TO READ I have, read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above. Company: Address: Name (Print): Signature: Company Phone No.: Title of Person Signing Bid: PROPOSAL # TMF-17-18-28 2 TABLE OF CONTENTS PROPOSAL # TMF-17-18-28 Transportation Development Plan Section………………………………………………………………………….…………………………………………………Page Notice Inviting RFP .................................................................................................................................. 1 Invitation For RFP .................................................................................................................................... 2 Table of Contents .................................................................................................................................... 3 Instructions to Bidders ............................................................................................................................ 4 Statement of Work and Format .............................................................................................................. 8 Contract Agreement (Sample Only) ........................................................................................................ 16 References .............................................................................................................................................. 25 Faithful Performance Bond ..................................................................................................................... 26 Document Checklist ................................................................................................................................ 27 PROPOSAL # TMF-17-18-28 3 A.PROPOSAL INSTRUCTIONS 1. Submitting Proposals. (a) The bid response must be ELECTRONICALLY submitted on this form and include the notice and all forms or information included in or required by Section B, Specifications, (attachments accepted) (b) All documentation of unit pricing or other cost breakdowns as outlined in this bid must be submitted to support the total bid price. (c) Proposals/corrections received after the closing time will not be opened. The City will not be responsible for bids not properly marked and delivered. Upon award, all submissions become a matter of public record. . Any changes or alternatives must be set forth in a letter attached to this proposal. The City 2. Alternatives has the option of accepting or rejecting any alternative proposal. 3. Currency. All references to dollar amounts in this solicitation and in contractor's response refer to United States currency. Payment will be made in United States currency. 4. Preparation. All proposals must be typed or written in black ink except signatures. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal. In compliance with Resolution 93-9, all proposals and attachments must be submitted double-sided on recycled paper. 5. Environmentally Preferable Purchasing. The City of Santa Clarita being fully aware of the limited nature of our resources and the leadership role government agencies have, supports the Environmentally Preferable Purchasing (EPP) program. With changes in technology and industries occurring rapidly it is frequently difficult to be aware of the latest innovations. Therefore, it is the intent of the City of Santa Clarita to seek out those products which result in less energy usage, least impact on natural resources and greatest reuse of post-industrial and post-consumer material. Bidders are strongly encouraged to offer products and services meeting these criteria and point out those specific aspects or features in their bid. In accordance with Public Contract Code 22152 bidders are required to certify in writing the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold. . Your name may be removed from the mailing list if the City receives no 6. Failure to Submit Proposal response to this proposal. 7. Taxes, Charges and Extras. (a) Proposer must show as a separate item California State Sales and/or Use Tax. (b) The City is exempt from Federal Excise Tax. (c) Charges for transportation, containers, packing, etc. will not be paid unless specified in proposal. . The City may make an award based on partial items unless the proposal submitted is marked "All 8. Awards or none." Contractor selection is based upon multiple award criteria as specified in Section C, Statement of Work and Format. A list of responding vendors may be posted on the City’s website at www.santa- clarita.com/purchasing, normally within 24 hours. 9. Cooperative Bidding. Other public agencies may be extended the opportunity to purchase off this bid with the agreement of the successful contractor(s) and the City of Santa Clarita. The lack of exception to this clause in contractor's response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-back" procurements. 10. Default. In case of default by the contractor of any of the conditions of this proposal or contract resulting from this proposal, the contractor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the contractor, or PROPOSAL # TMF-17-18-28 4 PROPOSAL INSTRUCTIONS(continued) collect against the bond or surety, or may invoice the contractor for excess costs so paid, and prices paid by the City shall be considered the prevailing market price at the time such purchase is made. . No assignment by the contractor of contract or any part hereof, or of funds to be received 11. Assignment hereunder, is binding upon the City unless the City gave written consent before such assignment. 12. Sub contractors. The Proposer must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. The City of Santa Clarita actively supports the Immigration and 13. Protection of Resident Workers. Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 14. Termination. The City may terminate any service or requirement contract, with or without cause, either verbally or in writing any time. 15. Indemnification. The bidder is required to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of any agreement entered into between the parties. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, the bidder must defend the City (at the City’s request and with counsel satisfactory to the City) and indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. . No bid bonds are necessary for this Request For Proposal. A faithful performance bond will be 16. Bonds required from the selected consultant. . For contracts involving services the City requires insurance. Proof of insurance shall be 17. Insurance provided by using an ACORD certificate of insurance and shall be provided prior to contract signing. Insurance shall be “Primary and Non-Contributory” and must name the “City of Santa Clarita” as an additional insured. The certificate shall list coverage for General Liability (limit of $1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit of $1,000,000), and Worker’s Compensation (statutory requirement). For professional services, Professional Liability with a limit of $1,000,000 may also be required. Insurance shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Specific insurance requirements will be set forth in any contract awarded to a proposer. 18. Payment. (a) Proposer shall state payment terms offered. (b) Payment will be made on the pay period after receipt and acceptance of goods and/or services and upon using department confirmation of such acceptance. . When deemed necessary by the City, an on-site inspection date and time will be so 19. On-Site Inspection designated. Proposer is responsible for inspecting and understanding the total scope of the projects (i.e., specifications, quality, and quantity of work to be performed.) PROPOSAL # TMF-17-18-28 5 (continued) PROPOSAL INSTRUCTIONS . Materials differing from stated specifications may be considered, provided such 20. Specifications differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 21. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the proposal does not restrict proposers to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which proposals are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supercede any other specifications or requirements cited. Documentation of equivalency must be submitted with the bid. At a minimum the documentation must demonstrate equivalency in form, fit, function, quality, performance and all other stated requirements. The City is final determiner of equivalency. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specifications. 22. Proposal Rejection. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any proposer who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any proposer who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. 23.Addenda. The City will not accept responsibility for incomplete packages or missing addenda. Addenda must also be acknowledged on PlanetBids. It is the quoter’s responsibility to contact the project manager, for public projects, or Purchasing prior to submission of the quote to make certain the package is complete and all required addenda are included. This information will also be available from the City’s website if the quote was downloaded. 24. Price Reductions. If at any time during the life of this contract, the successful proposer reduces his price or prices to others purchasing approximately the same quantities as contemplated by this contract, the contract prices must be reduced accordingly, and the contractor/vendor will immediately notify the Purchasing Agent, City of Santa Clarita. . Except as otherwise provided, price proposals must remain consistent through the term 25. Contract Pricing of this contract. The City does not pay “surcharges” of any type unless identified in the response to this proposal. All costs will be included in the pricing provided to the City. 26. Non-Appropriation of Funds. The City’s obligation is payable only and solely from funds appropriated for the purpose of this agreement. All funds for payment after June 30 of the current fiscal year are subject to City’s legislative appropriation for this purpose. In the event the governing body appropriating funds does not allocate sufficient funds for the next succeeding fiscal year’s payments. Then the affected deliveries/services may be (1) terminated without penalty in their entirety, or (2) reduced in accordance with available funding as deemed necessary by the City. The City shall notify the Contractor in writing of any such non-allocation of funds at the earliest possible date. PROPOSAL # TMF-17-18-28 6 PROPOSAL INSTRUCTIONS(continued) . Contractor agrees to comply with the provisions of the Occupational Safety and Health Act of 27. Safety 1970 (or latest revision), the State of California Safety Orders, and regulations issued thereunder, and certifies that all items furnished under this proposal will conform and comply with the indemnity and hold harmless clause for all damages assessed against buyer as a result of suppliers failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this order to so comply. 28. Gratuities. The City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing an agreement or securing favorable treatment with respect to the award or amending, or the making of any determinations with respect to the performance of such agreement; provided, that the existence of the facts upon which the City makes findings shall be in issue and may be reviewed in any competent court. In the event of such termination, the City shall be entitled to pursue the same remedies against the Contractor as the City could pursue in the event of default by the Contractor. . Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division 29. Delivery and contract delivery may begin no later than fifteen (15) calendar days from receipt of order. 30. Invoices. Invoices will be forwarded to: City of Santa Clarita NS - Transit 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. 31. Proposal Questions. Questions should be submitted electronically to: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# The last day for questions will be 10:00 AM, Monday, November 27, 2017. 32. Renewal. Contracts entered into pursuant to this Invitation to Bid may be renewed annually, one time, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area-Riverside-Orange county area and prevailing wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new contractor. The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in Planet Bids. PROPOSAL # TMF-17-18-28 7 B.STATEMENT OF WORK AND FORMAT PROPOSAL # TMF-17-18-28 Transportation Development Plan The City of Santa Clarita (City) requests proposals for the following purpose according to the terms and conditions attached. In the preparation of this Request for Proposal the words "Bidder", "Contractor", and "Consultant" are used interchangeably. 1. Purpose: Update the current Transportation Development Plan (TDP) which was finalized in May 2013. 2. Proposal Schedule: Following is a tentative schedule of events: EVENT DATE Solicitation advertisement October 30, 2017 Last day for questions November 27, 2017 Return of proposals December 5, 2017 Evaluations of proposals December 6 - 15, 2017 Interviews (if necessary) January 8 - 10, 2018 Recommendation to awarding body February 13, 2018 Contract award February 14, 2018 Project completion date January 31, 2019 3. Introduction/Background: This project is to create a Transportation Development Plan (TDP) for the City of Santa Clarita Transit which serves as an update to the 2013 TDP. Since its inception in July 1992, Santa Clarita Transit has been one of the fastest growing public transportation providers in Los Angeles County. The primary Santa Clarita Transit service area covers the area between the I-5/Golden State Freeway from Castaic to the northeastern border of Canyon Country along SR-14/Antelope Valley Freeway. Santa Clarita Transit provides fixed-route local and commuter express bus service, as well as dial-a-ride paratransit services. The City of Santa Clarita also maintains three heavily-utilized Metrolink commuter rail stations. Here, riders are able to make transfers between local and express bus, commuter rail, private bus operator, and vanpool services. A fourth station is nearing the construction phase as part of the Vista Canyon Mixed-Use development project located at Soledad and Sand Canyon. The project will also include a new transit center which will facilitate multi-modal connectivity on the east side of Santa Clarita. This Transportation Development Plan (TDP) will serve as an update the 2013 TDP, and is intended to present the service requirements and corresponding financial plan necessary to meet projected transit needs. The TDP will encompass a ten year period, covering Santa Clarita Transit’s fiscal years 2018 to 2028. The Santa Clarita service area includes the four primary neighborhoods of Canyon Country, PROPOSAL # TMF-17-18-28 8 Newhall, Saugus, and Valencia, as well as the unincorporated areas of Castaic, Stevenson Ranch and Val Verde. The TDP will evaluate service needs throughout the greater Santa Clarita Valley, as well as on a regional basis. The Contractor will evaluate service requirements stemming from recently annexed areas within the City, as well as planned future annexations. The TDP will provide the mechanism for Santa Clarita Transit’s ongoing planning activities and act as the document by which the provider can communicate its service plans and financial needs to the various funding jurisdictions. The 2013 TDP highlighted the need for both service expansion and increased frequency. Route enhancements have since been made to that end. However to maintain an effective and efficient transit system the Consultant shall develop a service program on pace with economic, employment, and population projections. As such, the Contractor shall work closely with transit and city staff to identify future developments such as the aforementioned Vista Canyon as well as the recently approved Newhall Rach project in order to ensure service recommendations adequately address projected needs. 4. Overall Project Objectives and Work Products: All final deliverable work products must be provided in the form of three (3) hard copies, as well as in Microsoft Office electronic format. A. Initial Meetings and Visioning Task A.1 – Conduct Initial “Kickoff” Meeting The Consultant shall meet with Santa Clarita Transit staff for an initial “kickoff” meeting to discuss project specifics, tour the service area and facilities, discuss recent transit-related studies as well as the long-term vision for transit in Santa Clarita. The meeting will also serve to identify any underlying and/or regional issues as background to the project. Task A.2 – Develop a Public Participation Plan Develop a project-specific Public Participation Plan (PPP) that aligns with Santa Clarita Transit’s 2015 Public Participation Plan. The PPP will establish a minimum number of public meetings, a schedule of proposed dates and describe how the public will be informed about the TDP’s development, activities, and progress. The PPP will also describe how public comments and inquiries will be addressed in a timely and effective manner. Transparency is crucial throughout the duration of the project. Any presentation tools, software, and techniques shall be addressed in the Public Participation Plan. Additionally, Santa Clarita Transit Staff may require the use of specific software to facilitate meetings. In such an event the Consultant will be provided login credentials for the duration of the project. Task A.3 – Public Meetings An initial public meeting shall be hosted in each of the four primary communities within Santa Clarita (Canyon Country, Newhall, Saugus, and Valencia). Meetings shall be advertised throughout the Santa Clarita local service area, including unincorporated areas. Additional meetings are to be held with local stakeholders, city staff, and key demographic groups as necessary. The Consultant will organize, publicize, and host the public meetings. PROPOSAL # TMF-17-18-28 9 B. Goals, Objectives, and Performance Measures Task B.1 – Review and update goals, objectives, and performance measures The Consultant shall review the goals, objectives, and performance measures established in Santa Clarita Transit’s 2013 TDP. The Consultant will identify any improvements made to date, as well as identify areas of deficiency. The Consultant shall work with City staff to recommended changes/improvements to the goals, objectives and performance measures that align with transit and City long-term goals. C. Community Profile and Demand Analysis Task C.1 – Demographic profile The Consultant will create a GIS-based demographic profile of Santa Clarita using tract level (at a minimum) census data. The profile will include existing and projected population and employment figures based on current and planned developments such, as the Newhall Ranch development, as well as available regional data sources. The final working files shall be supplied to City staff at the conclusion of the project. Task C.2 – Conduct on-board and community surveys Onboard surveys will be conducted on local fixed-route and paratransit services. Commuter surveys will be completed by City staff prior to the beginning of this project. Sampling goals are to be based on ridership by route figures, as found in Attachment A, and included in the Contractor’s proposal. Surveys are to be conducted during the month of March 2018 and should be representative of all operating days/hours. The Consultant will work with City staff to develop the survey materials so as to best leverage previous surveying efforts. Community surveys are to be conducted during the same March 2018 timeframe. The Contractor’s proposal shall include target sample sizes for each of the four primary Santa Clarita neighborhoods as well as unincorporated areas such as Castaic, Stevenson Ranch and Val Verde. All surveys should include reference to ridesharing services in an effort to determine their impact on local transit. Proposed methodology for both onboard and local surveys shall be included in the bid package. D. Conduct Service Evaluation Task D.1 – Conduct line-by-line analysis During March 2018, conduct a line-by-line study of each fixed-route. The Contractor shall utilize both onboard ride checks as well as available Automated Passenger Counter (APC) data to create an accurate portrayal of system ridership by day-part. Bidder is to clearly describe proposed line-by-line approach in Section 3 of their proposal, as well as provide an itemized cost estimate specific to this task within the accompanying Cost Proposal. Task D.2 – Analyze fare structure Consultant shall then review the existing fare structure to ensure it aligns with future service goals as well as adjoining regional operators. Santa Clarita Transit will need to comply, at a minimum, with state and federal requirements, such as farebox recovery as well as regional agreements and polies in regards to the TAP program, interagency transfers, etc. PROPOSAL # TMF-17-18-28 10 Task D.3 – Evaluation of performance Consultant shall evaluate system wide performance, performance of individual routes, route system performance, transfer point efficiency, dial-a-ride performance, service days/hours and other pertinent service elements. Consultant will work in close collaboration with Santa Clarita Transit staff to gather data not gleaned from the line-by-line analysis. Existing standards shall be evaluated and compared to actual performance. Subsequent improvements will be recommended in the Draft Plan. Task D.4 – Analyze service costs Consultant will analyze service costs for both fixed-routes and demand-response services. City staff will provide a recent operations analysis which can be used to develop baseline operating costs while additional capital and facility maintenance costs can be provided by staff upon request. Task D.5 – Prepare initial service recommendations & develop a needs assessment report Initial recommendations for service adjustments shall take into consideration public feedback, the demographic analysis, system performance, system goals and objectives, and costs. A needs assessment and proposed recommendations shall be provided to the City for review prior to Task E. E. Operations Plan Task E.1 – Local fixed-route operations The data gathered in tasks C & D will be used to create a ten year operations plan that includes specifics on proposed service changes including, but not limited to: fares, service levels, route changes, service policy changes, interagency transit agreements, spare ratios, technology, etc. Santa Clarita is still very much a growing city. Projects such as Vista Canyon and Newhall Ranch are both on the horizon, while future locations such as the Whitaker-Bermite property will certainly attract developers in the near future. As such, the operations plan shall take a phased approach so as to meet, but not exceed, demand in the coming years. Additionally, recommendations should maintain timed connections with both Metrolink and Antelope Valley Transit Authority’s Transporter service. Task E.2 – Commuter fixed-route operations The data gathered in tasks C & D will guide the commuter fixed-route operations plan. Commuter surveys and ridership data will help identify the need for minor service adjustments, while local and regional developments may drive more substantial changes in the commuter service. Upon completion of the Vista Canyon transit center a new hub for commuter service will be established for eastern Santa Clarita. Further, requests for service to CSUN should be considered as well as the potential connection to Ventura County Transportation Commission’s (VCTC) Vista service given Six Flag’s new year-round operating schedule. Additional service changes should be considered based on planned regional projects stemming from Measures M and R. F. Capital Improvement Program and Financial Plan Task F.1 – Update Capital Improvement Program Existing fleet operations and maintenance shall be evaluated. A Capital Improvement Program shall be drafted in support of recommendations developed in previous tasks. The program will take into consideration existing rolling stock orders, particularly anticipated delivery timeline. While Santa Clarita Transit has no immediate plans to incorporate electric vehicles, the program should explore infrastructure that would support future use of said vehicles. PROPOSAL # TMF-17-18-28 11 Task F.2 – Create a financial plan for capital and operational improvements. The Consultant shall develop a financial plan which follows a similar phased approach as the service recommendations. This will help assess feasibility as well as set priorities for implementation. Identify potential funding for each recommendation and where necessary develop strategies for securing additional financial resources. Consultant shall also provide reporting requirements, ongoing deadlines, and compliance requirements. G. Draft and Final Transportation Development Plan Task G.1 – Administrative review of the Draft TDP and Plans Consultant will compile a cohesive document outlining all previous tasks for City staff to review. The document must include, at a minimum, the following elements: A. Executive Summary B. Goals, Objectives, and Performance Measures C. Community Profile and Demand Analysis D. Public Outreach E. Service Overview and Evaluation a. Local b. Commuter c. Dial a Ride F. Service Recommendations G. Capital and Financial Plan Task G.2 – Final Transportation Development Plan Presentation Consultant will provide a final plan in the formats and quantities previously stated. The Consultant may also be asked to present the final plan before the City of Santa Clarita Council. This presentation will provide a summary of the TDP development process as well as key findings and recommendations. 1. Required Qualifications: The successful proposer will have specific experience related to transit development planning. 2. Time Schedule: Line-by-Line Analysis must be completed during March 2018. All other objectives/work products will be completed no later than January 31, 2019. 3. Response Submittal Requirements. (a) CONTENTS OF PROPOSAL Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format will result in elimination from proposal evaluation. FORMAT Each proposal must be submitted in two parts: Part I must relate to the Technical Proposal Part II must relate to the Cost Proposal PROPOSAL # TMF-17-18-28 12 PART I - TECHNICAL PROPOSAL Cover Letter - Must include the name, address, and telephone number of the company, and be signed by the person or persons authorized to represent the firm. Table of Contents - Clearly identify material contained in the proposal by section and page number. Introduction (Section 1) - Contents to be determined by contractor. Project Analysis (Section 2) - Provide an explanation and interpretation of the problem areas described in this RFP. Objective, Scope, and Proposed Work Program (Section 3) - Describe the overall approach to the problem, including the objective and scope of work to be performed by the contractor. Include a sequence of work activities and dependencies. Project Management (Section 4) - Describe the proposed management structure, organization of contracting group, and facilities available. Assigned Personnel (Section 5) - Identify the principals having primary responsibility for implementing the proposal. Discuss their professional and academic backgrounds. Provide a summary of similar work they have previously performed. List the amount of time, on a continuous basis, that each principal will spend on this project. Describe the responsibilities and capacity of the technical personnel involved. Substitution of project manager and/or lead personnel will not be permitted without prior written approval of the City. Schedule (Section 6) - List the proposed schedule of activities, including labor hours and calendar time requirements, by product. Program Monitoring (Section 7) - Describe the procedures to be utilized during the project, including a diagram of workflow, interface points, and major products. City Resources (Section 10) - Describe City services and staff resources needed to supplement contractor activities to achieve identified objective(s). Subcontractors (Section 11) - If subcontractors are to be used, identify each of them in the proposal. Describe the work to be performed by them and the number of hours or the percentage of time they will devote to the project. Provide a list of their assigned staff, their qualifications, relationship to project management, schedule, costs, and hourly rates. Contractor Capability and References (Section 12) - Provide a summary of the firm's relevant background experience. Discuss the applicability of such experience to this RFP. Include examples of projects completed for other similar agencies that are of a similar nature and a contact person for each of those clients. Alternative Proposals (Section 13) - Provide statements of alternative proposals, if any, labeled "Alternative Proposal Number One, Alternative Proposal Number Two," etc. The format of each alternative proposal submitted may be abbreviated to address just the following: PROPOSAL # TMF-17-18-28 13 a. Work Program b. Methodology c. Assigned Personnel Conflict of Interest (Section 14) - Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of the City. Although the bidder will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal. Additional Data (Section 15) - Provide other essential data that may assist in the evaluation of this proposal. PART II - COST PROPOSAL Name and Address The Cost Proposal must list the name and complete address of the bidder in the upper, left-hand corner. Total cost must be clearly indicated at the end of the Cost Proposal and entered on the first page of the proposal. Costs must be itemized by the following categories: 1 ) Labor - List and hourly labor rate. Also list general, administrative, and overhead costs separately. 2) Supplies and Equipment - Provide an itemized list of supplies to be used. The City will not pay for any equipment unless adequately justified. Any equipment paid for by the City will become the property of the City. 3) Subcontractor Costs - Identify subcontractors by name, list their cost per hour or day, and the number of hours or days their services will be used. 4) Travel Costs - Identify estimated travel costs, including the number of trips required, destinations, and approximate cost of travel. Travel costs are reimbursed at prevailing rates for the contracting company or City rates, whichever is lower, unless negotiated otherwise. 5) Miscellaneous Costs, if any. Charges for supplies, equipment, travel, and subcontractors will be paid at cost. It is expected that general, overhead, and administrative costs are included in the hourly rate for labor. Bids submitted will be held to the total cost given in the response quote. It will be assumed that all contingencies and/or anticipated escalations are included. No additional funds will be paid above and beyond the original quote given by the selected bidder. (b) PROPOSAL SUBMISSION All proposals must be submitted according to specifications set forth in Section 8 (a) - Contents of Proposal and this section. Failure to adhere to these specifications may be cause for rejection of proposal. PROPOSAL # TMF-17-18-28 14 I. Signature. An authorized representative of the bidder should sign all proposals. II. Due Date. Proposal responses must be received electronically before11:00 AM on December 5, 2017, by the Purchasing Agent of the City of Santa Clarita. Electronic bids may be viewed at: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# Late bids/proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date. III. Addenda. City may modify the proposal and/or issue supplementary information or guidelines relating to the RFP during the proposal preparation period. IV. Rejection. A proposal may be deemed non-responsive and immediately rejected if: - It is received at any time after the exact date and time set for receipt of proposals and/or; - It is not prepared in the format prescribed and/or; - It is signed by an individual not authorized to represent the firm. V. Disposition of Proposals. The City reserves the right to reject any or all proposals. All responses become the property of the City. One copy of the proposal shall be retained for City files. Additional copies and materials will be returned only if requested and at the bidder's expense. VI. Proposal Changes. Once submitted, proposals, including the composition of the contracting team, cannot be altered without the prior written consent of the City. All proposals constitute an offer to the City and may not be withdrawn for a period of ninety (90) days after the last day to accept proposals. VII. Proposal Evaluation and Contractor Selection. An evaluation panel comprised of representatives from the requesting department will evaluate all proposals to determine responsiveness to the RFP. The panel will recommend the selection of a contractor to the City Manager/City Council for final approval and negotiation of a contract. Proposals will be evaluated on the following criteria: a)Understanding of the project requirements; thoroughness of proposal, approach to providing sound services and ability to provide services to meet objectives b) Staff qualifications c) Experience and References d) Cost of services provided During the selection process, the evaluation panel may wish to interview bidders with scores above a natural break, for clarification purposes only. No new material will be permitted at this time. PROPOSAL # TMF-17-18-28 15 C. SAMPLE ONLY PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND FOR This AGREEMENT by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city (“CITY”) and, (“CONSULTANT”). 1.CONSIDERATION. A.As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; and B.As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; and C.As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed dollars ($ )for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit(s) “ ,” which is/are incorporated by reference. 2.SCOPE OF SERVICES. A.CONSULTANT will perform services listed in the attached Exhibit(s) “ ,” which is/are incorporated by reference. B.CONSULTANT will, in a professional manner, furnish all of the labor, technical,administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3.PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANTof any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 4.PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit(s) “ ”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. PROPOSAL # TMF-17-18-28 16 5.NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6.ADDITIONAL WORK. A.If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. 7.FAMILIARITY WITH WORK. A.By executing this Agreement, CONSULTANT agrees that it has: i.Carefully investigated and considered the scope of services to be performed; and ii.Carefully considered how the services should be performed; and iii.Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B.If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY. 8.TERM. The term of this Agreement will be from to . Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A.Completion of the work specified in Exhibit(s) “ .” B.Termination as stated in Section 15. 9.TIME FOR PERFORMANCE. A.CONSULTANT will not perform any work under this Agreement until: i.CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and ii.CITY gives CONSULTANT a written notice to proceed. B.Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk. 10.TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the CITY within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The CITY will extend the completion time, when appropriate, for the completion of the contracted services. PROPOSAL # TMF-17-18-28 17 11.CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must beauthorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13.PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14.WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreementor of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15.TERMINATION. A.CITY may terminate this Agreement at any time with or without cause. B.CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C.Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT’S own cost; CITY will not be obligated to compensate CONSULTANT for such work. D.Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation forany work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E.Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F.By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section. 16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY’s property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. 17.PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press PROPOSAL # TMF-17-18-28 18 releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18.INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the performance of this agreement by CONSULTANT. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this Agreement, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or anysums paid out in settlement or costs incurred in defense otherwise. Notwithstanding any provisions of this Agreement to the contrary, design professionals shall be required to defend and indemnify the City only to the extent allowed by Civil Code Section 2782.8, namely for claims caused by the negligence, recklessness or willful misconduct of the design professional. The term “design professional” includes licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the Business entities which offer such services in accordance with the applicable provisions of the business and Professions Code. 19.ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. 20.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21.AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22.INSURANCE. A.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Limits Type of Insurance Commercial general liability:$1,000,000 Professional Liability$1,000,000 Business automobileliability$1,000,000 Workers compensationStatutory requirement B.Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be PROPOSAL # TMF-17-18-28 19 deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent.Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C.Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D.Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). E.CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” F.Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain coverage at CONSULTANT’S expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this agreement, City may cancel the Agreement immediately with no penalty. Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to G. expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage. 23.USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24.INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. PROPOSAL # TMF-17-18-28 20 25.NOTICES. All communications to either party by the other party will be deemed made when receivedby such party at its respective name and address as follows: If to CONSULTANT:If to CITY: City of Santa Clarita ATTN: Kenneth W. Striplin, City Manager 23920 Valencia Boulevard., Suite 300 Santa Clarita, CA 91355 Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actualdelivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26.CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the CITY pursuant to Section 25. NOTICES of any staff changes relating to this Agreement. A.In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of CONSULTANT(S), unless as indicated in Subsection B., will be performing a very limited and closely supervised function, and, therefore, unlikely tohave a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT, except as indicated in Subsection B. __________________ Initials of Consultant B.In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONSULTANT’S work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONSULTANT(S) shall be subject to the Disclosure Category “1” of the CITY’s Conflict of Interest Code: ____________________________________________ ____________________________________________ 27.SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. 29.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. PROPOSAL # TMF-17-18-28 21 30.COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31.ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is/are ( ) Attachment(s) to this Agreement. ThisAgreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32.RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33.SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s executive manager, or designee, may execute any such amendment on behalf of CITY. 35.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 36.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38.FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39.STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. 40.PROTECTION OF RESIDENT WORKERS. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The CONSULTANT shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 41.ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall PROPOSAL # TMF-17-18-28 22 have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. \[SIGNATURES ON NEXT PAGE\] PROPOSAL # TMF-17-18-28 23 IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of . FOR CONSULTANT:IF CORPORATION: DO NOT SIGN –SAMPLE ONLY By: By: Print Name & TitlePrint Name & Title Date:Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: PROPOSAL # TMF-17-18-28 24 REFERENCES PROPOSAL # TMF-17-18-28 Transportation Development Plan City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed work of a similar scope and size within the past 3 years. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Complete this form out accordingly. Fill out this form completely and upload it with your proposal. 1. __________________________________________________________________________________ Name and Address of Owner / Agency __________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________ Contract Amount Type of Work Date Completed 2. __________________________________________________________________________________ Name and Address of Owner / Agency __________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________ Contract Amount Type of Work Date Completed 3. __________________________________________________________________________________ Name and Address of Owner / Agency __________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________ Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: _____________________________________________________________________________________ _____________________________________________________________________________________ PROPOSAL # TMF-17-18-28 25 FAITHFUL PERFORMANCE BOND PROPOSAL # TMF-17-18-28 Transportation Development Plan City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that _______________________________________, as CONTRACTOR, AND __________________________________________________, as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of __________________________________________________ dollars ($___________), which is one- hundred (100%) percent of the total amount for the above-stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. For service contracts of a continuing nature, the bond shall be in the amount equal to the amount of the initial contract term. Thereafter, the bond shall be in an amount equal to the annual value of such contract. The term of the bond shall cover the initial contract term. Thereafter, CONTRACTOR and SURETY must submit a new or renewed bond covering each subsequent annual renewal of the contract. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this _____ day of ___________________, 20__. CONTRACTOR* ________________________________________________________________________ ________________________________________________________________________ SURETY* ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Subscribed and sworn to this ______________________ day of ____________________, 20__. NOTARY PUBLIC *Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. PROPOSAL # TMF-17-18-28 26 DOCUMENTS CHECKLIST PROPOSAL # TMF-17-18-28 Transportation Development Plan In addition to the items requested for the proposal the following documents are required to be completed and submitted by the proposer. Request for Proposal Invitation page filled out Any addendum published through Planetbids – signed form and acknowledgement through planet bids Reference Page Technical Proposal Cost Proposal PROPOSAL # TMF-17-18-28 27