1_-_RFP_EarthquakeFacilityExposureAnalysisSP2789.pdf

Request for Proposals Earthquake Facility Exposure Analysis

SP2789

Department of Public Works Architecture Services Division 1685 Main Street, Mail Stop 15

Santa Monica, CA 90401

ISSUE DATE:

QUESTIONS DUE: AUGUST 19,2026, 5:00 PM

SUBMITTALS DUE: SEPTEMBER 2, 2026 , 5:00 PM

APPROVED FOR ADVERTISEMENT:

Amelia Feichtner, City Architect

AUGUST 5, 2026

Tania.SewHoy Typewritten Text

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Proposer RFP Checklist

Read the entire document. Note critical items such as mandatory requirements; supplies/services required; submittal dates; format; contract requirements (i.e., insurance, performance and or reporting, etc.).

Attend the pre-proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP.

Take advantage of the “question and answer” period. Submit your questions by the due date. View all answers given in the formal addenda issued for the RFP.

All addenda issued for an RFP are posted on the City’s online vendor portal:

OpenGov Procurement and will include all questions asked and answered concerning the RFP.

Follow the format required in the RFP when preparing your response. Provide point-by-point response to all sections in a clear and concise manner. The proposals are evaluated based solely on the information and materials provided in your response.

Check the City’s online vendor portal: OpenGov Procurement for RFP addenda.

Before submitting your response, check whether any addenda were issued for the RFP. If so, you must submit a signed acknowledgment for each addendum issued along with your response

Review and read the RFP document again to make sure that you have addressed all requirements.

Submit your response on time. Note all the dates and times listed on the front page of the RFP document and be sure to submit all required items on time. Late proposals are never accepted.

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I. INTRODUCTION

The City of Santa Monica, (referred to hereafter as “the City”) is inviting proposals from qualified persons or firms interested in the Earthquake Facility Exposure Analysis.

SUMMARY OF PROPOSAL

Structural analysis indicates that the Memorial Park Gymnasium Building and PAL Center, Reed Park Tennis Office Building, and Bank of America Building have been recommended for Tier 2 assessment. The Woodlawn Cemetery Mausoleum and Ken Edwards Center were identified by staff for potential Tier 1 assessment.

Proposal Calendar

The following is a list of key dates:

Request for proposals issued

Submission of inquiries .......................................................................... Prior to or by

Proposals due .......................................................................................... Prior to or by

Staff recommendation made to City Council for award of bid

A. PROJECT DESCRIPTION/ SCOPE OF WORK

Project Background

1. In 2019, an ASCE 41-13 Tier 1 Seismic Evaluation was completed on eight City-owned buildings. The Seismic Evaluation identified potential structural seismic hazards and identified four buildings for further study with a Tier 2 assessment. There are two additional buildings that have been identified by staff for Tier 1 Seismic Evaluation as add alternates.

Scope of Work

1. Inspect the buildings listed below to locate deficiencies on the structures per ASCE-41 and deficiencies noted on the “City of Santa Monica Building ASCE 41-13 Tier 1 Seismic Evaluation”, prepared by Walter P. Moore and Associates, Inc. dated January 4, 2019.

2. Provide ASCE 41-13 Tier 2 Seismic Analysis for the following buildings:

a. Memorial Park Gymnasium Building at 1401 Olympic Blvd, Santa Monica, CA

b. Memorial Park PAL Center at 1401 Olympic Blvd, Santa Monica, CA

c. Reed Park Tennis Office Building at 1133 7th Street, Santa Monica, CA

d. Bank of America Building at 1301 4th Street, Santa Monica, CA

3. Assess the buildings’ seismic vulnerabilities with an ASCE 41-13 (Seismic Evaluation and

Retrofit of Existing Buildings) Tier 2 deficiency-based evaluation procedure.

4. Develop professional opinion of the adequacy of the structure to resist seismic forces and identify structural and nonstructural components that are not compliant to the evaluation standard.

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5. Provide report summarizing the result of the structural evaluation and analysis of the structure as well as proposed strengthening schemes for structural deficiencies identified.

6. Coordinate site visits with Architecture Services Division a minimum of 72 hours in advance.

Add Alternates

1. Provide ASCE 41-13 Tier 1 Seismic Analysis and report summarizing the result of the structural evaluation for the following buildings:

a. Woodlawn Cemetery Mausoleum at 1847 14th Street, Santa Monica, CA

b. Ken Edwards Center at 1527 4th Street, Santa Monica, CA

General Project Information

1. No pre-proposal job walk will be scheduled.

2. The City is anticipating a “Notice to Proceed” with work immediately after the award of the contract. The award of contract is contingent upon City Council approval.

3. The services provided by the consultant shall be conducted in a manner consistent with the highest level of care and skill ordinarily exercised by members of the Consultant’s profession currently practicing in the same locality under similar conditions.

4. All services shall be performed in accordance with the applicable building codes California Building Code (CBC), Santa Monica Municipal Code (SMMC), and Americans with Disabilities Act.

5. The analysis and report shall be completed within six months of Consultant’s receipt of the Notice to Proceed.

B. CITY CONTACT

The City has designated Tania Sew Hoy, as its contact (the “City Contact”) for this request for proposals (this “RFP”). The City Contact’s information is listed below:

City of Santa Monica Architecture Services Division Project Manager Name: Tania Sew Hoy 1685 Main Street, Mail Stop #15 Telephone: (310) 458-2205 E-mail: tania.sewhoy@santamonica.gov

Office Hours:

Monday through Thursday, 7:30 AM to 5:30 PM

Alternate Fridays 8:00 AM to 5:00 PM

The City of Santa Monica offices are closed every other Friday.

Please call to ensure that offices are open and that staff is available.

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Any inquiries, questions or requests regarding this RFP should be submitted via OpenGov Procurement. All Questions must be entered in the Question and Answers section within OpenGov Procurement - Do not email questions directly to the Project Manager.

Other City officers, agents, employees or representatives do not have authority to respond on behalf of the City. Contact with unauthorized City personnel during the selection process may result in disqualification.

CITY’S ONLINE VENDOR PORTAL

The website for this RFP and related documents is: OpenGov Procurement or https://procurement.opengov.com/portal/santa-monica-ca.

All project correspondence will be posted on the OpenGov Procurement website. It is the responsibility of Proposers to check the website regularly for information updates and RFP clarifications, as well as any RFP addenda.

C. ORIGINAL DOCUMENTS

Proposer shall complete and return the following documents via OpenGov Procurement:

The forms are available on City's procurement webpage (OpenGov).

Please refer to Project Documents Tab, Section 7. Vendor Questionnaire to access the pdf. copy of the forms.

1. RFP Form (vendor to upload to OpenGov)

2. RFP Addenda if issued (vendors must acknowledge & sign addenda electronically via OpenGov Procurement)

3. Proposal (including cost proposal, vendor to upload to OpenGov)

4. Living Wage Certification (if the award amount is >$54,200)

5. Oaks Initiative Disclosure Form (if the award amount is >$25,000 annually;

identifies recipients of public benefit in relation to political donation restrictions:

click here for more information)

6. Levine Act Disclosure Form

7. Prevailing Wage Acknowledgement (if applicable) Not Applicable

8. Subcontractor List

9. Non-Collusion Declaration (this does not need to be notarized)

10. Non-Discrimination Policy Acknowledgement

11. Certification Regarding Debarment

If you are selected to provide the service, you will need to submit the following forms:

12. Public Works Insurance Requirements The contractor attests that he will require every employer to be insured against liability for workers’ compensation

13. Business License (if selected you must also obtain a business license or provide your current business license number.) You can go to the Business License page for more information.

14. Payment Bond (if the award amount is >$25,000: applicable only for Contractual Services Agreements) Not Applicable

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D. BEST QUALIFIED PERSON OR FIRM FOR PSA

The award, if any, will be made to the best qualified person or firm(s). In evaluating whether a proposer(s) is (are) the best qualified person or firm(s) pursuant to the Santa Monica Municipal Code, City staff may utilize some or all of the following criteria:

1. The training, credentials and experience of the person or firm;

2. The demonstrated competence, ability, capacity and skill of the person or firm to perform the contract or provide the services;

3. The capacity of the person or firm to perform the contract or provide the service promptly, within the time specified, and without delay;

4. The sufficiency of the person’s or firm’s financial and other resources;

5. The character, integrity, reputation and judgment of the person or firm;

6. The ability of the person or firm to provide such future service as may be needed;

7. The price which the person or firm proposes to charge, including whether the price is fair, reasonable and competitive; and

8. Any other factor which will further the intent set forth in Section 608 of the City

Charter.

The City shall have absolute discretion in determining the applicability and weight or relative weight of some or all of the criteria listed above and is not required to select the lowest monetary proposer.

E. PREVAILING WAGE

Bidders are hereby notified that pursuant to provisions of Section 1770, et seq., of the Labor Code of the State of California, the Contractor shall pay its employees the general prevailing rate of wages as determined by the Director of Department of Industrial Relations. In addition, the Contractor shall be responsible for compliance with the requirements of Section 1777.5 of the California Labor Code relating to apprentice public works contracts.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is not subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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II. CONDITIONS GOVERNING THE PROCUREMENT

A. GENERAL REQUIREMENTS

This procurement will be conducted in accordance with the City of Santa Monica procurement codes and procedures.

1. Receiving Time / Late Proposals

It is the responsibility of proposer to see that their proposal is submitted with sufficient time to be received by the City prior to the proposal closing time. The receiving time in the City Office will be the governing time for acceptability of proposals. Late proposals are not accepted.

2. Acceptance of Conditions Governing this RFP

Submission of a proposal constitutes acceptance of the Evaluation Factors contained in this RFP.

3. Incurring Cost Any cost incurred by the proposer in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the proposer.

4. Prime Consultant Responsibility Any agreement that may result from the RFP shall specify that the prime consultant is solely responsible for fulfillment of the agreement with the City. The City will make agreement payments only to the prime consultant.

5. Sub-consultants

Use of sub-consultants must be clearly explained in the proposal, and major sub-consultants must be identified by name. Prime consultants shall be wholly responsible for the entire performance whether or not sub-consultants are used.

6. Amended Proposals

A proposer may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. City personnel will not merge, collate, or assemble proposal materials.

7. Proposer’s Rights to Withdraw Proposal

Proposers will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The proposer must submit a written withdrawal request signed by the proposer’s duly authorized representative addressed to the City Contact.

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8. Proposal Offer Firm Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after receipt of a best and final offer, if one is requested.

9. Best and Final Offer The City reserves the right to request Best and Final Offers from any or all proposers.

This will be the only opportunity to amend or modify proposals based on feedback from the City. Information from competing proposals will not be disclosed to other proposers prior to submission of a Best and Final Offer.

10. Living Wage Requirement Any agreement issued as a result of this Request for Proposal may be subject to the City’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (LWO), and its implementing regulations.

11. Disclosure of Proposal Contents

All proposals are subject to the provisions of the California Public Records Act, California Government Code section 6250 et seq., and any information submitted with a response is a public record subject to disclosure, unless a specific exemption applies.

12. No Obligation This RFP in no manner obligates the City to the eventual rental, lease, purchase, etc., of any goods or services offered until a valid written agreement is executed by the City and the selected proposer.

13. Termination

This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the City determines such action to be in the best interest of the City of Santa Monica.

14. Sufficient Appropriation

Any agreement awarded for multiple years as a result of this RFP may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the selected proposer. The City’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the selected proposer as final.

15. Errors and Restrictive Specifications If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the proposer should immediately notify the City Contact designated in Section I, B. Without disclosing the source of the request, the City may issue a written addendum to clarify the ambiguity, or to correct the problem, omission, or other error.

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If prior to the submission date, a proposer knows of or should have known of an error in the RFP but fails to notify the City Contact of the error, the proposer shall submit their proposal at his, her or its own risk, and, if awarded an agreement, shall not be entitled to additional compensation or time by reason of error or its later correction.

16. Legal Review

The City requires that all proposers agree to be bound by the General Requirements contained in this RFP.

17. Governing Law

This RFP, and any agreement entered into pursuant to this RFP, are governed by the laws of the State of California.

18. Oral Changes and Basis for Proposal

Proposers may not rely upon oral explanations. All changes and addenda will be issued in writing. Only information supplied by the City in writing through the City’s Contact, or in this RFP should be used as the basis for the preparation of proposals.

19. Agreement Terms and Conditions

The agreement between the City and the selected proposer(s) will follow the format specified by the City and contain the terms and conditions set forth in Exhibit A, Professional Services Agreement. However, the City reserves the right to negotiate with a successful proposer the final provisions or provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful proposal will be incorporated into and become part of the agreement.

Should a proposer object to any of the City’s terms and conditions, as contained in this Section or in Exhibit A, that proposer must propose specific alternative language in his, her, or its proposal. Proposer must provide a brief discussion of the purpose and impact, if any, of each proposed changed followed by the specific proposed alternate wording. The City may or may not accept the alternative language.

General references to the proposer’s terms and conditions or attempts at complete substitutions are not acceptable to the City and may result in disqualification of the proposer.

20. Proposer’s Terms and Conditions

Proposers must submit with the proposal a complete set of any additional terms and conditions that they expect to have included in an agreement negotiated with the City.

21. Proposer Qualifications

The City may make such investigations as necessary to determine the ability of the proposer to adhere to the requirements specified within this RFP.

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22. Right to Waive Minor Irregularities The City reserves the right to waive minor irregularities and the right to waive mandatory requirements, provided that all of the otherwise responsive proposals fail to meet the same mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the City.

23. Change in Agreement or Representatives

The City reserves the right to require a change in the selected proposer or representatives if the assigned representatives are not, in the opinion of the City, meeting its needs adequately.

24. City Rights

The City reserves the right to award the proposal to separate proposers on any of the services as set forth in the proposer’s proposal. It is further understood that if the proposer to whom any recommended award is made fails to enter into an agreement with the City, award may be made to the next best qualified person or firm, who shall be bound to perform as if she, he or it received the award in the first instance.

25. Right to Publish

Throughout the duration of this procurement process and agreement term, potential proposers, and proposers, must secure from the City written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent agreement. Failure to adhere to this requirement may result in disqualification of the proposer or termination of the agreement.

26. Ownership of Proposals

All documents submitted in response to the RFP shall become the property of the City of Santa Monica and are subject to the provisions of the California Public Records Act, as described in Section II. A. 11. herein.

27. Agreement Award Proposal will be evaluated by a committee comprised of City staff and may include outside consultants (the “Evaluation Committee”). The Evaluation Committee will make an award recommendation to City staff. City Council may give approval of the agreement and/or direct staff to negotiate the final terms and execute the agreement.

This agreement shall be awarded to the proposer or proposers whose proposal is best qualified, taking into consideration the evaluation factors set forth in the RFP.

The most qualified proposal may or may not have received the most points or be the lowest cost proposal. Proposers will be notified when the award is being made or an award recommendation goes to the City Council for approval.

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28. Protest Deadline

PUBLIC WORKS ONLY

All parties wishing to file a protest shall comply with the procedures set forth below.

Proposer may file a written protest with the Director of Public Works no more than seven calendar days following the posting of award recommendation on the City’s online vendor portal website. The protest must include the name address and telephone number of the protestor and or the person representing the protesting party.

Once a protest has been filed with the Director of Public Works no contract shall be awarded until the Director of Public Works has issued his or her final determination on the protest. The Director of Public Works shall review the merits and timeliness of the protest and issue a written decision to the protestor within ten calendar days of receipt of the protest. The Director of Public Works shall have final authority to sustain or deny a protest. The Director of Public Works decision shall constitute the City’s final determination on the protest.

Protests received after the deadline will not be accepted.

29. Records and Audits The Consultant shall maintain such detailed records as may be necessary to demonstrate its performance of the duties required by this Agreement, including the date, time and nature of services rendered. These records shall be maintained for a period of three years from the date of the final payment under this Agreement and shall be subject to inspection by City. The City shall have the right to audit any billings or examine any records maintained pursuant to this Agreement both before and after payment. Payment under this Agreement shall not foreclose the right of City to recover excessive and/or illegal payments.

30. Enforcement of Agreement/Waiver

A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless expressed in writing and signed by the party alleged to have granted the waiver. A waiver by a party of any of its rights shall not be effective to waive any other rights.

31. Prevailing Wage, Apprentices, Penalties & Certified Payroll In accordance with the provisions of Labor Code Section 1773.2, the Director of Industrial Relations has determined the general prevailing rates of wages and employer payments for health, welfare, vacation, pensions and similar purposes applicable, which is on file in the State of California Office of Industrial Relations. The contractor shall post a copy of these prevailing wage rates at the site of the project.

It shall be mandatory upon the contractor to whom the contract is awarded and its

11 | P a g e subcontractors hired to pay not less than the said prevailing rates of wages to all workers employed by him in the execution of the contract as required under Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California, including, but not limited to, Sections 1771, 1774 and 1815.

It is the duty of the contractor and subcontractors to employ registered apprentices and to comply with all aspects of Labor Code Section 1777.5.

There are penalties required for contractor’s/subcontractor’s failure to pay prevailing wages and for failure to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1776, 1777.1, 1777.7 and 1813.

Under Labor Code Section 1776, contractors and subcontractors are required to keep accurate payroll records. The prime contractor is responsible for submittal of their payrolls and those of their subcontractors as one package. Payroll records shall be certified and made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor pursuant to Labor Code Section 1776.

The contractor, and any work performed under this CSA, shall, at all times comply and be in accordance with, and subject to the provisions of Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California.

III. SUBMISSION FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Proposers must upload their proposal electronically as a PDF document within OpenGov Procurement + accompanying forms located in the Vendor Questionnaire Section.

B. PROPOSAL FORMAT

1. Letter of Transmittal

a. Identify the submitting organization;

b. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized by the organization to contractually obligate the organization;

c. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized to negotiate the contract on behalf of the organization;

d. Identify the names, titles, telephone and fax numbers, and e-mail addresses of persons to be contacted for clarification;

e. Be signed by the person authorized to contractually obligate the organization;

f. Acknowledge receipt of any and all amendments to this RFP (vendors must acknowledge & sign addenda electronically via OpenGov Procurement)

2. Qualifications

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Provide a brief summary of your firm’s history, its capabilities, and its recent relevant experience (last five years). Also, describe your demonstrated experience with similar projects and qualification including professional licenses and certifications.

3. Key Personnel Describe the project team composition and include resumes of key personnel.

Proposed members should be available for ninety (90) days from the proposal due date. The City must be promptly notified of any changes in key personnel prior to award.

4. References List a minimum of three (3) references for whom comparable services were provided to in the last five (5) years. Include the name of the firm, name of the contact, telephone number of the contact, email address of contact (if available), brief description of the services provided and your firm’s role, and the start and completion date.

5. Project Work Plan Describe your understanding of the project and approach. Include deliverables, milestones, assumptions, and identify potential risks that could delay the project. List any resources you expect the City to provide.

6. Cost Proposal Provide a proposed total fee outlining the proposal and identify the hourly fee schedule for all personnel to be involved in the project. The hourly rates should include fringe benefits, indirect costs and profit. The Consultant should also indicate what percentage of the scope of work is expected to be completed by each individual or pay classification included in fee proposal. Additionally, if applicable, a schedule of reimbursable expenses should be included.

IV. EVALUATION

A. EVALUATION POINT SUMMARY

All proposals meeting the requirements will be further evaluated using the same criteria and point structure. Evaluations will be based on the weighted criteria listed below, which correspond to information requested in various sections of the proposal:

CRITERIA MAXIMUM POINTS

Experience 25

Stability / References 20

Work Plans/Timelines 10

Project Team 20

Cost 20

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Value Added 5

TOTAL POINTS 100

B. EVALUATION FACTORS

A maximum of 100 points may be awarded based upon the quality and thoroughness of the proposer’s response to each evaluation factor as follows.

Experience: Up to 25 points may be awarded based on evaluation of the proposer’s experience including all sub-consultants. Evaluation will be based on documented experience on similar projects. Assign points that may be awarded for Record/Financial Stability/Quality Level of the firm’s previous projects of comparable complexity, scale and nature; training and proven expertise in the area of work required; Efficiency and timeliness in completion of projects. Experience in projects completed for public entities. Review of sub-consultants.

Stability/References: Up to 20 points for references may be awarded upon an evaluation of proposer’s work for previous clients receiving similar products and services to those proposed by the proposer for this project. Evaluation will be based on documented experience on similar projects. The consultant’s work shall be such as to ensure that the distinctive goals established for each component are met. Brief descriptions of previous project experiences should be used as examples of how quality control was achieved with former clients. Additionally, provide description of firm size and structure, including number of partners and owners; and confirmation of firm’s independence and license to practice in California.

Work Plans/Timelines: Up to 10 points may be awarded based on the quality and thoroughness of proposer’s project work plan and timelines. Assign points that may be awarded for their ability to meet project timeliness: the capability to perform the work within the desired time frame; the ability and past experience in assembling a highly qualified team of sub-consultants.

Project Team: Up to 20 points may be awarded for relevant experience of key personnel based upon the resumes and experience narratives submitted. Assign points that may be earned by any proposer based upon qualifications of the project team, effective communication and understanding of the project goals, experience with similar projections, and the quality of responses to questions.

Cost: Up to 20 points may be awarded for the lowest price. The consultant’s overall operation should encourage cost effective work and services. Cost control, performance within budget allocations, prudent accounting practices, management and clear communication with City staff are essential to the success of this project.

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Value Added: Up to 5 points may be awarded based on the consultant’s ability to provide insight and information, industry best practices and the ability to effectively communicate information to management and provide technical training or resources.

C. CONSULTANT SELECTION PROCESS:

Selection The City of Santa Monica, through either the City Council or the City Manager (or his designee) has the sole authority to select the consulting firm and reserves the right to reject any and all proposals. The City reserves the right to approve or reject all sub-consultants and engineers proposed to be retained by the prime consultant.

Upon signing of the agreement, no change in proposed personnel or sub-consultants can be made without the City’s review and written authorization.

By submitting a response to this RFP, prospective consultants waive the right to protest after award or seek any legal remedies whatsoever regarding any aspect of this RFP. The City reserves the right to select any number of finalists. In addition, the City reserves the right to issue written notice to all prospective consultants of any changes in the RFP terms or proposal submission schedule, should the City determine in its sole and absolute discretion that such changes are necessary. The City reserves the right to request additional information from any proposing consultant and to reject any and all proposals. All original work products, including computer files, shall remain the property of the City.

The City reserves the right to retain an expert to evaluate the proposing consultant’s work or qualifications at all stages in the selection process. Additionally, any contract entered into will be subject to termination at any stage if in the judgment of the City, such termination is in the best interest of the City. In the event such decision is made, appropriate written notice would be given before any termination and the consultant would be compensated on a pro-rata basis for work performed.

The responsible proposer whose proposal is the most advantageous to the City, taking to consideration all the evaluation factors will be recommended for the contract award. Notwithstanding the Evaluation Team’s selection, the City reserves the right to award this RFP and the resultant Contract in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion.

The City is the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP.

Contract Award and Execution Selection of a proposer with whom the City enters into contract negotiations with, or a recommendation of an award by the Evaluation Committee or any other party, does not constitute an award of Contract. Once the City formally awards the contract, the successful consultant will be notified to enter into an agreement. If the

15 | P a g e selected consultant does not enter into the agreement, the City will begin negotiations with the second highest ranking proposing consultant.

Please review all contract forms prior to submitting a proposal. The City of Santa Monica intends to use these forms as the baseline agreements with the successful consultant. The City will not entertain proposals to make material changes to the contract form once the project has been awarded. If you wish to request changes to the contracting forms, you must do so during the proposal process. In addition, the City requires compliance with several other policies and ordinances, proposing consultants will need to complete these Exhibits and submit with their Proposal.

The RFP document and the successful proposal response, as amended by agreement between the City of Santa Monica and the successful consultant, will become part of the contract documents. Additionally, the City of Santa Monica may verify the successful consultant’s representations that appear in the proposal.

Failure of the successful consultant to perform as represented may result in elimination of the successful consultant from further negotiation or in contract cancellation or termination.

No oral explanation or instruction of any kind or nature whatsoever given before the award of a contract to a consultant shall be binding. The City of Santa Monica shall not be bound, or in any way obligated, until the City has awarded the contract and all documents have been executed. The proposing consultant may not incur any chargeable costs prior to final contract execution.

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