HomeMy WebLinkAbout2013-06-11 - AGENDA REPORTS - PROJ T0040 BUS STOP IMPROV (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 3
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by
June 11, 2013
Curtis Nay
BUS STOP IMPROVEMENTS, PROJECT T0040 - AWARD
DESIGN CONTRACT
Public Works
RECOMMENDED ACTION
City Council award the design contract for the Bus Stop Improvements, Project T0040, to
Tetra Tech, Inc., in the amount of $116,354 and authorize a contingency in the amount of
$17,453 for a total amount not to exceed $133,807.
2. Authorize the City Manager or designee to modify all documents to contract with the next
lowest and/or qualified bidder/proposer in the event the awardee is unable to fulfill its
obligations or perform, subject to City Attorney final document approval, contingent
upon the appropriation of funds by the City Council in the annual budget for such fiscal
year.
13ACKGROUND
The Bus Stop Improvement Project is a federally funded grant project from the Federal Transit
Administration that provides transit enhancement funding to eligible transit operators. Over the
last few years, bus stop improvements have included new bus shelters, benches, trash receptacles,
and public art. The City of Santa Clarita (City) strives to improve safety and accessibility for
their bus patrons, through improvements to selected bus stops within the City.
The design of bus stop environments will consider the ease of use for transit riders by
constructing new bus shelters, bus concrete pads, accessible sidewalks, Americans with
Disabilities Act ramps, installing bus stop furniture, and information panels. The improvements
will accommodate passengers with disabilities, by modifying the existing locations and making
improvements at each location with better access. The bus stops and amenities will address the
needs of the rider, bus driver, other pedestrians, cyclists, motoring public, and people living or
working near the stops. This project will evaluate surrounding environments, such as existing
street striping patterns, signals, sidewalks, driveways, parking lots, and adjacent commercial
buildings. Every location is different and public accessibility and safety will be addressed at each
location. The project design list consists of improving 25 existing bus stops citywide and creating
one new bus stop location.
On March 13, 2013, a Request for Proposal was sent to eight qualified civil engineering design
firms. Four firms prepared and submitted a proposal to the City for consideration. City staff
reviewed the four proposals and selected to interview the top two firms: Rick Engineering
Company and Tetra Tech, Inc.
During the interviews, each firm was given the opportunity to present their approach to meet
transit needs and the City's requirements, team and expertise, and a demonstration of their
understanding of the project. In addition to the presentations, the firms were asked to answer
questions as part of the interview process. The following is a summary of the civil engineering
firms costs and ratings:
Rankin Company
Location
Overall Cost
Score
1 Tetra Tech, Inc.
Irvine, CA
$ 116,354.00
93
2 Rick Engineering Company
San Luis Obispo
$ 173,215.00
84
The overall evaluation takes into consideration both the proposal and the interview. Based on the
City's evaluation process, staff recommends Tetra Tech, Inc,, as the top -qualified civil
engineering design firm for the completion of civil engineering design. Tetra Tech's rating is a
reflection of their experience with similar transit projects within the City and due diligence
during the preparation of their proposal. They performed a preliminary investigation of the
project locations during the preparation of their proposal and presented items that will make the
design process move forward in an expedited manner.
Of the two firms interviewed, Tetra Tech, Inc., demonstrated additional expertise of the City's
departmental structure to provide effective and efficient resources to the City. Tetra Tech, Inc.,
also included all necessary tasks to adequately complete the design of the project.
The contingency amount requested will cover the cost of unforeseen additional engineering
studies and/or plans that may be required as the evaluation of each specific location is developed.
These may include traffic and geotechnical studies and surveys.
California Government Code 4526 prescribes selection of architectural and engineering services
to be based on demonstrated competence and professional qualifications necessary for the
satisfactory performance of the services required and does not authorize the selection of
professional architectural and engineering services based on cost.
ALTERNATIVE ACTIONS
Other action as determined by City Council.
FISCAL IMPACT
Funds in the amount of $200,000 are currently budgeted in the project expenditure. accounts. Of
this amount, $161 has been spent or encumbered to date. The remaining budget of $199,839 will
adequately provide for the award of the design contract in an amount not to exceed $133,807.
The residual funds of $66,032 will be used for administrative and future construction costs.
ATTACHMENTS
Exhibit A - Bus Stop Improvement Locations
Exhibit B - Proposal
Tetra Tech, Inc., Contract available in the City Clerk's Reading File
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I
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
Tetra Tech, Inc.
Contract No. 13-00164
This AGREEMENT is entered into this _ day of 20_, by and
between the CITY OF SANTA CLARITA, a municipal corporation and general law city
("CITY") and Tetra Tech. Inc., Civil Engineering ("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 One hundred and sixteen thousand three hundred and fifty four dollars
($116,354.00) 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 "A & B,"
which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A & B,"
which is 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 CONSULTANT of 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.
Revised 1/2011 Page 1 of 10
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 `A") 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.
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 May 28, 2013 to May 28, 2014. 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 "A & B."
B. Termination as stated in Section 15.
Revised 112011 Page 2 of 10
I
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
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 Manager 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 Manager 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. 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 Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other terni, 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
Revised 1/2011 Pae 3 of 10
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 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 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 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 any sums 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 that arise out of,
pertain to, or relate to the negligence, recklessness or willful misconduct of the design
professional. The term "design professional" includes licensed architects, licensed landscape
Revised 12011 Page 4 of 10
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:
Tvoe of Insurance Limits
Commercial general liability: $1,000,000
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
endorsed to name CITY, its officials, and employees as "additional insureds"
under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by CITY will be
Revised 1/2011
Page 5 0[ 10
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 0106 42, 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:VI "
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments
due to CONSULTANT under this Agreement or terminate pursuant to Section 15.
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. Should CONSULTANT'S insurance required by this Agreement be cancelled at
any point prior to expiration of the policy, CONSULTANT must notify City
within 24 hours of receipt of notice of cancellation Furthermore,
CONSULTANT must obtain replacement coverage that meets all contractual
requirements within 10 days of the prior insurer's issuance of notice of
cancellation CONSULTANT must ensure that there is no lapse in coverage.
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.
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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:
Tetra Tech. Inc.
17885 Von Karman Avenue, Suite 500
Irvine, CA 92614
Attention: Molly Mell
If to CITY:
City of Santa Clarita
23920 Valencia Boulevard. Suite 300
Santa Clarita, CA 91355
Attention: Frank J. Lujan
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
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 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
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 "I" 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.
Revieed 1/2011 Page 7 of 10
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 Atrreement 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 Angeies 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, tetras or other agreements
expressed or implied, oral or written. There are two (2) Attachment(s) to this 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.
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.
Revised 1f2o11 Page 8 of 10
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 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 of employment.
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IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first hereinabove written.
FOR CONSULTANT:
M.
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN. CITY MANAGER
By:
City Manager
Date:
ATTEST:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
WM
City Attorney
Date:
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