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HomeMy WebLinkAbout2018-03-13 - AGENDA REPORTS - AMEND EXISTING CONTR WITH PROJECT PARTNERS (2)8 Agenda Item: 8 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: March 13, 2018 SUBJECT: AMEND EXISTING CONTRACT WITH PROJECT PARTNERS DEPARTMENT: Public Works PRESENTER: Damon Letz RECOMMENDED ACTION City Council: 1. Amend the existing contract with Project Partners for professional project management services rendered to the Capital Improvement Projects (CIP) division to increase the contract amount from the current amount of $49,000 to an amount not to exceed $115,000 for Fiscal Year 2017-18. 2. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney approval. BACKGROUND The City of Santa Clarita (City) regularly uses contractual services on an as-needed basis to assist staff with project management during periods of high construction and design activity. Contractual support for project management helps supplement staff efforts to complete projects as staff workload and demand fluctuates. With the significant time demands for the four major construction projects, the Downtown Newhall Parking Structure, the Sheriff Station, the Saugus Library/Community Center, and the Canyon Country Community Center, in addition to the various smaller CIP projects, staff will benefit from the services of an experienced contract project manager. As a part of the selection process, City staff received proposals from Project Partners, CSC Consulting, and Interwest to provide contract project manager staff augmentation. Staff selected Project Partners to provide supplemental project management services based on the projects, and availability of staff. Page 1 Packet Pg. 34 8 Based on the results of the evaluation process, the City entered into an initial contract with Project Partners in January of 2018 for $49,000. The purpose of this contract was to confirm the qualifications and skills of the selected project manager without committing to a long-term contract. During this time, Project Partners has provided acceptable service through the contract staff assigned to the City. At this time, staff is seeking to amend the contract with Project Partners to increase the contract amount of $49,000 to an amount not to exceed $115,000. Such action will allow the City to maintain a high level of customer service and utilize contract project ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT No additional resources beyond those contained within the adopted Fiscal Year 2017-18 annual budget are required for implementation of the recommended action. ATTACHMENTS Scope of Work from Project Partners Contract with Project Partners (available in the City Clerk's Reading File) Page 2 Packet Pg. 35 8.a February 8, 2018 Revised Mr. Damon Letz City Engineer City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355-2107 SUBJECT: Proposal for Senior Level CIP Project Management Support Services Dear Mr. Letz, Project Partners is pleased to offer this proposal regarding Senior Level CIP Project Management Support Services to the City of Santa Clarita (City). Below is our proposed workplan and scope of work. Scope of Work Project Partners understands the City is seeking project manager support services to assist with various small capital improvement projects. The City’s goal is to supplement its engineering staff workload capacity to improve the current turn-around time of their capital improvement projects. Our services will assist the City to address the completion of the CIP projects identified below. B0015 – 2017-18 Citywide Median Turf Removal program. P4015 – Copperhill Park Restroom Building T1017 – Ave Scott Trail Connection Other Projects as assigned Allocated Project Partners’ Staff Project Partners is proposing to provide a senior level project management staff member to assist the City in various small capital improvement projects: Our proposed staff is Mr. Jim Geyer, P.E. is a civil engineering professional with over 23 years’ experience; of which 15 years were providing services to municipalities and Public Works Departments. Jim possesses strong Public Works administration, policy and Attachment: Scope of Work from Project Partners (AMEND EXISTING CONTRACT WITH PROJECT PARTNERS) procedural experience. He has proven plan check, precise grading, storm-drain and construction management experience. Jim has provided QA /QC for multiple municipal project over the years. Packet Pg. 36 8.a Project Partners Proposal Senior Level CIP Project Management Support Services Page 2 of 4 Project Duration & Level of Effort It is anticipated that the scope outlined above will require a level of effort lasting through July st 1, 2018. Project Partners will assign staff to work on these projects approximately 36 – 40 hours per week. Project Partners will adjust our staff’s schedule, as needed, to accommodate project needs and to facilitate our ability to meet City’s goals. Any change in schedule or duration will be discussed and approved by City in writing prior to implementation. Billing Rate and Project Budget Project Partners billing rates for our proposed Senior Civil Engineer/Project Manager is as follows: Classification2018 Hourly Original Contract Budget Billing Rate Senior Civil Engineer Project $125.00 $49,000 Manager Revised Contract Budget $66,000 Contract Total $115,000.00 Note: City approved Mileage and Expenses will be billed as incurred with no additional markup. Annual Contract Renewal Option ClassificationFY 2018-19Estimated Budget Senior Civil Engineer Project $125.00 $250,000 Manager 7/1/18 – 6/30/19 Contract Total $250,000.00 Note: City approved Mileage and Expenses will be billed as incurred with no additional markup. Attachment: Scope of Work from Project Partners (AMEND EXISTING CONTRACT WITH PROJECT PARTNERS) Packet Pg. 37 8.a Project Partners Proposal Senior Level CIP Project Management Support Services Page 3 of 4 Project Coordination, Logistics and Operations Staff Location To increase efficiency and expedite completion of the projects, Project Partners will station our assigned staff at City’s facilities. Working on-site at City’s offices offers many advantages that increase efficiency and reduce overall cost to City. These advantages include easy access to necessary project files, documents, and other data, which results in increased project productivity. Additionally, being on-site, facilitates the coordination with City’s staff allowing quicker and more informed decision-making, as well as faster completion of projects. The result is increased efficiency and lower overall project cost. An additional important benefit offered by on- site location of our staff is that key project decisions are better understood by City and add to the overall retention of project based knowledge (institutional knowledge). Project Coordination Project Updates and Meetings Project Partners’ staff will arrange update meetings with City at a minimum of every two weeks. In the update meetings, our staff will review the status of the ongoing projects, highlight identified issues or concerns City should be made aware of, and look ahead to projected accomplishments in the coming two weeks. Project Partners’ staff will not be required to attend regular department staff meetings, but will attend as needed to relay the status of projects, thus, allowing better project coordination with other projects undertaken by City. Tools, Equipment & Materials Vehicles – Should there be a need for Project Partners’ staff to conduct field work, our staff will utilize their own vehicles. Project Partners will invoice City at the IRS approved mileage rate for all approved miles driven related to the project. Phone – To facilitate communication with City, Project Partners’ staff member(s) will have individual cell phone(s). This phone will be the primary phone for our staff. Should wireless reception at the project location be spotty or where it is deemed that a land line would increase the effectiveness and efficiency of our staff to complete the scope of work, City may be requested to provide our staff with a land based phone. Computers– Project Partners is requesting that City provide a computer linked to City network for our staff’s use to access project related technical, financial, and other related information required to complete the task. This arrangement is requested as it has been our understanding that for security reasons, City’s IT department’s policies restrict computers not owned by City from having direct connection into the computer network. Attachment: Scope of Work from Project Partners (AMEND EXISTING CONTRACT WITH PROJECT PARTNERS) Supplies – Project Partners provides its staff working on-site with the necessary general office related supplies at the start of our engagement. Packet Pg. 38 8.a Project Partners Proposal Senior Level CIP Project Management Support Services Page 4 of 4 Project Partners Support Training Project Partners’ assigned staff members are professionals. They have been assigned to this workplan due to the skills, knowledge, and abilities they possess. Should extra technical training be required, Project Partners will provide that training. Administrative Support Project Partners will provide our staff with necessary administrative and clerical support as needed. Supervision Project Partners’ staff are assigned technical and administrative supervisors. These supervisors are in regular contact with our staff and assist them in completing the services outlined in this workplan. Where applicable, Project Partners may assign an On-Site Manager to provide further supervision of staff assigned to City’s projects. Currently assigned supervisors are as follows: Administrative Supervisor: Technical Supervisor: Ms. Atousa Johnson Mr. Kimo Look, P.E. Operations Manager Principal Engineer 949-852-9300 ext. 101 949-852-9300 ext. 103 Again, I would like to thank you for utilizing Project Partners services and as always, should you have any questions or desire additional information, please do not hesitate to call at any time. We look forward to providing continued services to you and your staff. Sincerely, Kimo Look, P.E. Project Partners Attachment: Scope of Work from Project Partners (AMEND EXISTING CONTRACT WITH PROJECT PARTNERS) Packet Pg. 39 DocuSign Envelope ID: 20046383-DAD9-4F92-BC11-0AD9B6A44CC1 CON-6 N/AN/A Council Approval Date: _____________ N/AN/A Agenda Item: _____________ $49,000$49,000 Contract Amount: _____________ PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND PPRROOJJEECCTT PPAARRTTNNEERRSS FOR CCIIPP PPRROOJJEECCTT MMAANNAAGGMMEENNTT This AGREEMENT by and between the CITY OF SANTA CLARITA, a municipal corporation and and, PROJECT PARTNERSPROJECT PARTNERS 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to Forty-nine thousand exceed dollars 49,000 ($ ) 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) AA /are incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit(s) /are incorporated by reference. AA 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 DocuSign Envelope ID: 20046383-DAD9-4F92-BC11-0AD9B6A44CC1 deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any he 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 AA Exhibit(s) 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. 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 Revised 1/2011 Page 2 of 10 DocuSign Envelope ID: 20046383-DAD9-4F92-BC11-0AD9B6A44CC1 06/30/201806/30/2018 8. TERM. The term of this Agreement will be from to . 01/29/201801/29/2018 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) AA 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 own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond 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 CITY will extend the completion time, when appropriate, for the completion of the contracted services. 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. 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 CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights 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. Revised 1/2011 Page 3 of 10 DocuSign Envelope ID: 20046383-DAD9-4F92-BC11-0AD9B6A44CC1 15. TERMINATION. A. Termination Without Cause. Without cause, either party may terminate this Agreement after giving fourteen (14) days written notice to the other party of its intent to terminate without cause. The parties shall deal with each other in good faith during the 14-day period after any such notice of intent to terminate without cause has been given. In the event of termination without cause, AEA is entitled to payment of all outstanding amounts previously billed and due in accordance with this Agreement, plus payment for unbilled services performed properly and expenses incurred therewith up to the effective date of termination. B. 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 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 receive just and equitable compensation for any 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 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, property. CONSULTANT may retain copies of said documents and materials as desired, but or use of incomplete work product 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 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. Revised 1/2011 Page 4 of 10 DocuSign Envelope ID: 20046383-DAD9-4F92-BC11-0AD9B6A44CC1 18. INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from total damages based upon CONSULTANT 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 indemnify CITY for any judgment rendered against it to the extent that CONSULTANT has been found legally liable. 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 liability or damages to the extent caused by the negligence, recklessness or willful misconduct of the design 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 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: Type of Insurance Limits Commercial general liability: $1,000,000 Revised 1/2011 Page 5 of 10 DocuSign Envelope ID: 20046383-DAD9-4F92-BC11-0AD9B6A44CC1 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory 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 under said insurance coverage and to state that such insurance will be deemed h 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. celable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. prov 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 F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance 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. G. any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual Revised 1/2011 Page 6 of 10 DocuSign Envelope ID: 20046383-DAD9-4F92-BC11-0AD9B6A44CC1 cancellation. CONSULTANT must ensure that there is no lapse in coverage. 23. USE OF SUBCONTRACTORS. 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. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: If to CITY: Project Partners City of Santa Clarita Attn:Doug Johnson ATTN: Kenneth W. Striplin, City Manager 23920 Valencia Boulevard., Suite 300 23195 La Cadena Dr, Suite101 Laguna Hill, CA 92653 Santa Clarita, CA 91355 23195 La Cadena Dr, Suite101 Laguna Hill, CA 92653 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 actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest s Conflict of Interest Code (on file in 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 to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT, except as indicated in Subsection B. __________________ Initials of Consultant B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be performing a specialized or general service for the CITY, and there is substantial or orally, for the purpose of influencing a governmental decision. As a result, the Revised 1/2011 Page 7 of 10 DocuSign Envelope ID: 20046383-DAD9-4F92-BC11-0AD9B6A44CC1 following CONSULTANT(S ______________________ ______________________ ______________________ ______________________ 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay a 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 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. 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 one expressed or implied, oral or written. There is/are ( ) Attachment(s) to this 1 Agreement. This Agreement 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. ve manager, or designee, may execute any such amendment on behalf of CITY. Revised 1/2011 Page 8 of 10 DocuSign Envelope ID: 20046383-DAD9-4F92-BC11-0AD9B6A44CC1 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 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 have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. \[SIGNATURES ON NEXT PAGE\] Revised 1/2011 Page 9 of 10 DocuSign Envelope ID: 20046383-DAD9-4F92-BC11-0AD9B6A44CC1 IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of . FOR CONSULTANT: IF CORPORATION: By: By: Print Name & Title Print Name & Title Date: Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: Revised 1/2011 Page 10 of 10