AE-25-26-13 RFP.pdf
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- Attached to
- First Responders Tribute Project State and local contract opportunity
- Solicitation number
- AE-25-26-13
- Issued by
- Los Angeles County, California
About this file
This is a Request for Proposals (RFP) issued by the City of Santa Clarita, California for the First Responders Tribute Project, proposal number AE-25-26-13. The project seeks a qualified designer/fabricator to create up to four life-size bronze statues of first responders to be placed on concrete pedestals in a park location. The statues will represent the Los Angeles Sheriff's Department, the Los Angeles Fire Department, a local EMT, and a nurse from the local hospital. The solicitation was published on October 7, 2025, with the last day for questions on October 21, 2025, and proposals due by November 6, 2025. The project aims to recognize local first responders and provide an artistic representation of their service to the Santa Clarita community.
The RFP does not specify a specific budget or funding source, and there are no prevailing wage requirements or bond requirements. The project will be completed in four phases: design, fabrication, delivery, and installation, with the contractor responsible for submitting designs, creating the statues, and providing detailed updates throughout the process. The city will provide reference photographs and review designs before fabrication. The selection will be based on a 100-point scoring system, with points allocated for understanding the scope of work (15 points), experience and qualifications (20 points), proposal thoroughness (20 points), timeline (15 points), and cost (30 points). The city reserves the right to select a contractor based solely on the proposals or to conduct interviews with top-scoring bidders.
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Text version
REQUEST FOR PROPOSALS
First Responders Tribute Project
PROPOSAL # AE-25-26-13
TABLE OF CONTENTS
First Responders Tribute Project City of Santa Clarita, California
SECTION A
NOTICE INVITING PROPOSALS
PROPOSAL INSTRUCTIONS
DOCUMENT CHECKLIST
SECTION B
SCOPE OF WORK
RESPONSE FORMAT AND SELECTION CRITERIA
SECTION C
NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS
DESIGNATION OF SUBCONTRACTORS/SUBCONSULTANTS
REFERENCES
ACKNOWLEDGEMENT AND ACCEPTANCE OF SCOPE OF WORK
SECTION D
SAMPLE PROFESSIONAL SERVICES AGREEMENT – STANDARD
EXHIBIT A
ATTACHMENT 1 - LOCAL FIRST RESPONDERS PHOTOS
ATTACHMENT 2 - MOCK UP
RFP Information & Instructions
CITY OF SANTA CLARITA REQUEST FOR PROPOSALS
Project Name: First Responders Tribute Project
Proposal #: AE-25-26-13
Dates Published: October 7, 2025
Last Day for Questions: October 21, 2025 before 11:00 AM (PT)
Proposal Closing: November 6, 2025 before 11:00 AM (PT)
Project Description: The City of Santa Clarita (City) is seeking a qualified designer/fabricator to create up to four life-size bronze statues of first responders to be placed on concrete pedestals in a park location. The four first responders represent the Los Angeles Sheriff’s Department, the Los Angeles Fire Department, a local EMT, and a nurse at the local hospital.
Prevailing Wage: No
Bond Requirements: No
Contact Information: Michele Arima | (661) 286-4066 | marima@santaclarita.gov
Specifications for this request for proposals (RFP) may be downloaded from the City’s Purchasing website at: www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and RFP requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the RFP documents is available upon request in the City Clerk’s office, suite 120.
RFP Questions must be submitted electronically via the BidNet “Question and Answer” tab.
Addenda, if issued by the CITY, will be transmitted on BidNet. Addenda must be digitally acknowledged via BidNet in addition to a printed and signed version submitted with the proposal response. If addenda are not signed and submitted with the proposal response, the submission may be deemed non-responsive and rejected.
PROPOSAL INSTRUCTIONS
1. SUBMITTING PROPOSALS.
1.1. The response must be submitted on this form and include all forms provided or information requested or required by the scope of work or specifications, (uploaded via BidNet).
1.2. All documentation of unit pricing or other cost breakdowns as outlined in this proposal must be submitted to support the total proposed price.
1.3. Proposals/corrections received after the closing time will not be accepted. The City will not be responsible for proposals not properly or timely, uploaded. Upon award, all submissions become a matter of public record.
2. ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is the vendor’s responsibility to monitor BidNet for release of the addenda prior to submission of the quote to make certain the package is complete and all required addenda are included. This information will be available via BidNet. Vendors are cautioned against relying on verbal information in the preparation of proposal responses. All official information and guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by the Agency, will be transmitted via BidNet. Addenda must be digitally acknowledged through BidNet in addition to a printed and signed version submitted with the proposal. If addenda are not signed and submitted with the proposal response, the proposal may be deemed non-responsive and rejected.
3. REQUEST FOR PROPOSAL QUESTIONS. Questions shall be submitted and responses provided electronically through the BidNet platform in accordance with the date and time shown on the “CITY
OF SANTA CLARITA NOTICE INVITING PROPOSALS.”
4. AWARDS.
4.1. The City reserves the right to waive any irregularity in any proposal.
4.2. This RFP does not commit the City to award a contract, or to pay any amount incurred in the preparation of the proposal. The City reserves the right to accept or reject all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, price, or other revisions of the proposal as may result from negotiations.
The City reserves the right to extend the time allotted for the proposal, and to request a best and final offer, should it be in its best interest to do so.
4.3. The proposal may be awarded in its entirety as proposed; however, the City reserves the right to award elements of the work, independently, and to do portions “in-house.” Additionally, the City reserves the right to award subsequent work on this project based on information presented in this proposal, without recourse to a separate or subsequent RFP process, should it be in its best interest to do so.
4.4. The City may make an award based on partial items unless the proposal submitted is marked “All or none.” Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The list of proposals submitted will be posted on BidNet, normally within 24 hours.
4.5. Proposals and subsequent offers shall be effective/valid for a period of 180 days after the RFP due date. The City of Santa Clarita may request Proposers to extend the validity of proposals and offers for the City’s acceptance beyond the specified time period.
5. BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS.
5.1. In the bid documents, the use of a specific manufacturer, brand or make does not restrict
Bidders in their proposed solution. When brand names are used, it indicates the quality and utility of the article desired; thus, the bids submittal shall in all cases propose goods equal in quality and utility.
5.2. If Materials differing from stated specifications may be considered, provided such differences are clearly noted and described. The City shall make the final determination of compliance with the specifications. If proposing an alternative or equivalent product, the Bidder shall provide the cut sheet/spec sheet or detailed product description for the proposed product via email to purchasing@santa-clarita.com prior to the last day for questions. For each product proposed documentation provided must include a description reflecting te characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of “equal” products specified in the solicitation. The proposal must clearly identify the item by brand name (if any), and make/model number, and may include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the City. The proposal shall clearly describe any modifications the Bidder plans to make in a product to make it conform to the solicitation requirements.
5.3. The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section.
6. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation with the agreement of the successful vendor(s) and the City. The lack of exception to this clause in vendor's response will be considered agreement. However, the City is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-back" procurements.
7. DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order.
8. INVOICES. Invoices will be forwarded to:
City of Santa Clarita ED - Arts & Events Attn: Phil Lantis 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196
Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later.
9. PREPARATION. All proposals and required forms must be uploaded as laid out in the BidNet General Attachments Section.
9.1. For hard copy submissions, proposals must be typed or written in black ink except signatures.
Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal. In compliance with Resolution 93-9, all hard copy proposals and attachments must be submitted double-sided on recycled paper.
10. REJECTION. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any vendor who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a vendor who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita.
11. PROPOSAL VALIDITY. All proposals, including all pricing, shall be effective/valid for a minimum period of 120 calendar days after the date of RFP closing. In the event a final contract has not been awarded within this period, the City reserves the right to negotiate extensions to this period.
12. LITIGATION WARRANTY. The bidding vendor, by bidding, warrants that the vendor is not currently involved in litigation or arbitration concerning the vendor’s performance concerning the same or similar service to be supplied pursuant to this RFP and that no judgments or awards have been made against bidding vendor on the basis of vendor’s performance in supplying the same or similar service, unless such fact is disclosed to the City in the responding proposal. Disclosure may not disqualify the bidding vendor. The City reserves the right to evaluate proposals on the basis of the facts surrounding such litigation or arbitration and to require the selected vendor to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by the City of Santa Clarita in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by selected vendor of the contract in the event the contract is awarded to selected vendor, notwithstanding the litigation or arbitration.
13. BEST AND FINAL OFFER. The City may request Best and Final offers based upon improved understanding of the offers or changed Scope of Work. Based on the initial proposals, the pre-proposal meeting, and Best and Final offers, if requested, the panel will select the proposal which best fulfills the requirements and is the best value to the City. The City will negotiate with that seller to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the Request for Proposals is an important factor in the evaluation process.
14. SUBCONTRACTORS. For all projects, the vendor must list any subcontractors/subconsultants that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project.
Each proposer must submit with their proposal the following:
The Full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or legibly printed.
The address of each firm.
The telephone number at the place of business.
Work to be performed by each subcontracting firm.
Total approximate dollar amount of each subcontract.
Copies of subcontracts will be provided to the City Engineer upon their request.
15. TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally or in writing at any time without penalty.
The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in BidNet.
DOCUMENTS CHECKLIST
In addition to the items requested for the proposal the following documents are required to be completed and submitted by the proposer.
The following documents must be provided by ALL proposers:
Uploaded via BidNet (see Section C) Response File Cost File (to be submitted separately from Response File) Notice to Proposers Regarding Contractual Requirements Designation of Subcontractors/Subconsultants References Acknowledgement and Acceptance of Scope of Work All signed addendums (if any)
The following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Phil Lantis Professional Services Agreement Insurance Required by Contract W-9 Form
Solicitation Information
SCOPE OF WORK
EVENT DATE
Solicitation advertisement October 7, 2025 Last day for questions October 21, 2025 Return of proposals November 6, 2025
*Dates are subject to change at the City’s discretion*
1. BACKGROUND
The City of Santa Clarita (City) is seeking a qualified designer/fabricator (Contractor) to create up to four life-size bronze statues of first responders to be placed on concrete pedestals in a park location.
The four first responders represent the Los Angeles Sheriff’s Department, the Los Angeles Fire Department, a local EMT, and a nurse at the local hospital.
2. OBJECTIVE
This project aims to recognize local first responders for their commitment to protecting the Santa Clarita community and to provide an artistic representation of the first responders.
3. SUPPLIER RESPONSIBILITIES
This outlines the anticipated steps for the completion of this project. The proposal should clearly define the Contractor process, deliverables, and timelines for each phase below:
Phase 1: Design
Supplier Role: The Contractor will create designs for up to four life-size bronze statues based on photos provide by the City. The designs should include the necessary elements to install the statues into concrete pedestals. (Included in this document are photos of each type of local first responder for reference and a mock-up of statues on their concrete pedestals) Activities: The Contractor will submit the designs to the City for their review and approval.
Phase 2: Fabrication
Supplier Role: The Contractor will fabricate the up to four life-size bronze statues based on the approved designs. The fabricated statues will include the elements needed for the installation of the statues on concrete pedestals.
Activities: The Contractor will share updates to the City throughout the fabrication process and provide detailed photographs of the final statues before delivery.
Phase 3: Delivery
Supplier Role: The Contractor will deliver the completed statues to the City for installation.
Activities: The Contractor will provide all the details about the delivery of the statues, so the City will be prepared to receive them and begin the installation of the statues.
Phase 4: Installation Supplier Role: The Contractor will be available for questions when the City is performing the installation of the statues.
Activities: On the completion of the installation by the City, the Contractor will be provided with the final payment and the project will be complete.
4. DELIVERABLES
This outlines the deliverables and status updates for each phase of the project:
The Contractor will submit the designs of the up to four life-size bronze statues with the elements needed for the installation on concrete pedestals to the City for their review and approval.
The Contractor will share updates to the City throughout the fabrication process and provide detailed photographs of the final statues before beginning the delivery process.
The Contractor will provide all the necessary details about the delivery of the statues, so the City will be prepared to receive them and begin the installation of the statues.
Phase 4: Installation and Final Approval
No deliverables are required for this phase, but the Contractor will make themselves available for questions during the installation process.
5. TIMELINE
The Contractor will provide a detailed timeline for each of the phases for the project.
6. PAST WORK
The Contractor will provide in their submittal examples of their past work that demonstrates their experience in designing and fabricating life-size bronze statues and showcases the quality of their design and fabrication skills.
7. CITY RESPONSIBILITIES
City shall provide detailed photographs of local first responders at the beginning of the
Design phase.
City shall review and approve submitted designs before the Contractor begins the
Fabrication phase.
The City will review and respond to updates provided by the Contractor and give approval of the fabricated statues (as shown in Contractor supplied photos) before the Delivery phase of the project.
The City will confirm successful delivery of the statues before the Installation phase.
Phase 4: Installation
The City will consult with the Contractor, as needed, during the installation of the statues.
Upon completion of the installation by the City, the Contractor will be provided with the final payment and the project will be complete.
8. COSTS
The Contractor will provide a detailed budget for each phase of the project. Based on the cost, the City may choose to have the Contractor create less than the four life-size bronze statues.
9. ATTACHMENTS
Attachment 1 - Photographs of the four local first responders, for reference.
Attachment 2 - Mock-up of bronze statues on concrete pedestals, for reference.
RESPONSE FORMAT AND SELECTION CRITERIA
1. RESPONSE FORMAT - The organization of the response and cost files is described in this section of the RFP. All potential vendors must follow this format.
1.1. RESPONSE FILE:
1.1.1. Introduction - A general introduction and description of the proposal shall be provided.
The format of the introduction is at the discretion of the applicant.
1.1.2. References - The applicant shall provide a brief summary of any relevant experience on similar projects and include samples of similar projects completed in the past.
1.1.3. Scope of Work - The City of Santa Clarita (City) is seeking a qualified designer/fabricator
(Contractor) to create up to four life-size bronze statues of first responders to be placed on concrete pedestals in a park location. The four first responders represent the Los Angeles Sheriff’s Department, the Los Angeles Fire Department, a local EMT, and a nurse at the local hospital.
1.1.3.1. TASK – This project aims to recognize local first responders for their commitment to protecting the Santa Clarita community and to provide an artistic representation of the first responders. Provide a detailed description for each phase identified in the Scope of Work, including key steps.
1.1.3.2. OUTPUT – Detail the deliverable for each phase identified in the Scope of Work.
1.1.4. Schedule - Describe the time schedule for each phase described in the Scope of Work.
1.1.5. Project Contact - Indicate who will serve as the project manager/contact for the Contractor throughout all of the project phases.
1.1.6. Personnel, Equipment, and Facilities - Describe the activities of the designated lead and support personnel. Provide a resume for each person named, including their qualifications (education and experience), as well as their relationship and cost to the proposed project activities.
1.1.7. Sub-Consultants/Contractors - List all sub-consultants/contractors proposed for this project and include their qualifications and specific responsibilities.
1.2. COST FILE – Statement of Offer and Signature - The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement to the effect that the proposal is a firm offer for a 120-day period, and shall contain a statement that the proposed work will be performed at the “not-to-exceed” price. This will include all deliverables as laid out in the scope of work.
2. SELECTION CRITERIA - The overall criteria are listed below. As proposals are considered by the City to be more equal in their technical merit, the evaluated cost or price becomes more important so that when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor.
2.1. SCORING CRITERIA (100 points total):
2.1.1. Understanding of Scope of Work/Plan for completion of Scope of Work (15 points)
2.1.2. Experience on similar projects/Qualifications (20 points)
2.1.3. Thoroughness of proposal and ability to provide services to meet project objectives (20 points)
2.1.4. Timeline (15 points)
2.1.5. Cost (30 points)
2.2. During the selection process, the evaluation panel may wish to interview bidders with scores above a natural break. Should an interview process take place, the results of the interview will carry greater weight in the selection process. The City reserves the right to select solely on the basis of the proposals without further contact.
Forms
NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS
1. SUMMARY OF CONTRACTUAL REQUIRMENTS
a. A contract is required for any service performed on behalf of the City of Santa Clarita (City).
b. By submitting a proposal, you have reviewed the sample contract documents contained within this request for proposals and agree to be bound by the requirements set forth.
c. Questions and requests for modification of these terms must be negotiated and approved prior to proposal submission and are at the full discretion of the City.
2. SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS
a. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Purchasing Agent.
b. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required.
The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City.
c. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full-certified copies of all Insurance coverage and endorsements.
3. INDEMNIFICATION
a. To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT’s performance of Services under this Agreement, or any part thereof;
(2) any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault (except as otherwise provided in section 2782.8).
b. The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees.
c. CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement.
4. 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 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. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). 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 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 at least 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. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, 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 California-admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.”
e. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY.
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 TERMINATION section. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this Agreement, City may terminate this 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.
h. The CITY shall be entitled to any coverage in excess of the minimums required herein.
I have read and understand the above requirements and agree to be bound by them for any work performed for the City.
Authorized Signature: ______________________________ Date: ___________________
Printed Name: ____________________________________
DESIGNATION OF SUBCONTRACTORS/SUBCONSULTANTS
Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of ½ of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid. If no Subcontractors will be used fill out the form with NA. Please add additional sheets if needed.
Subcontractor
DIR Registration No. Dollar Value of Work
Location and Place of Business
Bid Schedule Item No’s: Description of Work
License No.
Exp. Date: / / Phone ( )
Bid Schedule Item No’s:
Description of Work
Bid Schedule Item No’s: Description of Work
NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a proposal that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.
REFERENCES
The following are the names, addresses, and telephone numbers of three public agencies for which proposer has performed work of a similar scope and size within the past 3 years. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Complete this form out accordingly. Fill out this form completely and upload it with your proposal.
1. __________________________________________________________________________________ Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
2. __________________________________________________________________________________
Name and Telephone Number of Person Familiar with Project
3. __________________________________________________________________________________
Name and Telephone Number of Person Familiar with Project
ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK
By providing the three (3) required signatures below, the Contractor acknowledges full understanding, complete agreement to, and accepts in its entirety, all Scope of Work for the First Responders Tribute Project. The Contractor will be expected to perform maintenance practices and uphold the standards herein to the established Scope of Work throughout the length of the contract.
*Supervisor’s Signature:___________________________________________Date:__________
*Estimator’s Signature:____________________________________________Date:__________
*Owner’s Signature:______________________________________________Date:__________
*All three signatures required
Sample Contract
STANDARD AGREEMENT – SAMPLE ONLY
CON-6
Council Approval Date:________
Agenda Item: ________
Contract Amount:________
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
FOR
This AGREEMENT by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city (“CITY”) and _______________________________________, a ________________________________________________________ (“CONSULTANT”), and is dated ________________________.
CONSIDERATION.
As partial consideration, CONSULTANT agrees to perform the Services listed in the SCOPE OF SERVICES, below; and
As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; and
As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed dollars ($ ) for CONSULTANT’s Services. CITY may modify this amount as set forth below.
Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit(s) “ ” which is/are incorporated by reference.
SCOPE OF SERVICES.
CONSULTANT will perform Services listed in the attached Exhibit(s) “ ” which is/are incorporated by reference.
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 Services and provide the professional Services required of CONSULTANT by this Agreement.
PERFORMANCE STANDARDS.
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.
CONSULTANT will perform its Services in a skillful manner, comply fully with all City established criteria, and with all applicable federal, state, and local laws, codes, and professional standards.
CONSULTANT agrees to comply with all applicable federal and state employment laws regulations and rules including those that relate to minimum hours and wages, occupational health and safety, workers compensation insurance and state, county and local orders.
CONSULTANT will staff this Agreement with personnel qualified to adequately and professionally perform the Services.
CONSULTANT will not subcontract any portion of these Services without the CITY’s prior written approval.
CITY’s approval of any payment, or conducting of any inspection, reviews, approvals, or oral statements, or any governmental entity’s certification, will in no way limit the CONSULTANT’s obligations under this Agreement or CONSULTANT’s complete responsibility for all Services hereunder.
PAYMENTS.
For CITY to pay CONSULTANT as specified by this Agreement and as provided in attached Exhibit(s) “ ” , CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit(s) “ ” ) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that Services during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
CITY may withhold all or a portion of payment otherwise due in the event that Services are either improperly or not performed.
PROJECT COORDINATION AND SUPERVISION.
CONSULTANT will assign as CONSULTANT’s Project Manager and will be responsible for job performance, negotiations, contractual matters, and coordination with CITY’s Project Manager.
CONSULTANT may change its Project Manager only with CITY consent.
CITY will assign as CITY’s Project Manager, will be personally in charge of and personally supervise or perform the technical execution of the project on a day-to-day basis on behalf of CITY, and will maintain direct communication with CONSULTANT’s Project Manager. CITY may change its Project Manager at any time with notice to CONSULTANT.
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.
FAMILIARITY WITH SERVICES AND SITE.
By executing this Agreement, CONSULTANT represents 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 the Services under this Agreement are to be performed upon any site, or otherwise require CONSULTANT to access a site, by executing this Agreement CONSULTANT represents that it has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the Services under this Agreement.
TERM.
B. The term of this Agreement will be from _____________ to _____________ .
Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
i. Completion of the Services specified in Exhibit(s) “ ”, or
ii. Termination pursuant to Section 17 TERMINATION.
C. Except as otherwise separately and expressly provided by the CITY in writing, the provisions of this Agreement shall survive any expiration, breach, or termination of this Agreement, and any completion of the Services.
TIME FOR PERFORMANCE. CONSULTANT will not perform any Services under this Agreement until:
D. CONSULTANT furnishes proof of insurance as required under Section 24 INSURANCE; and
E. CITY gives CONSULTANT a written notice to proceed.
Should CONSULTANT begin Services on any phase in advance of receiving written authorization to proceed, any such professional Services are at CONSULTANT’s own risk.
SCHEDULE OF PERFORMANCE AND EXTENSIONS.
F. Should the progress of the Services under this Agreement at any time fall behind schedule for any reason other than excusable delays CONSULTANT shall apply such additional manpower and resources as necessary to bring progress of the Services under this Agreement back on schedule and consistent with the standard of professional skill and care required by this Agreement. Time is of the essence in the performance of this Agreement.
G. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted Services. If delay occurs, CONSULTANT must notify the CITY’s designated representative within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The CITY will extend the completion time, when appropriate, for the completion of the contracted Services.
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.
ADDITIONAL SERVICES.
H. The CITY may request CONSULTANT to provide Services in addition to Scope of Services, called “Additional Services”. Additional Services that incur additional costs (contingency) of up to 15% of the total contract amount must be authorized by CITY by change order or other documented means. Costs beyond this amount must first be approved by CITY in accordance with applicable thresholds and procedures. Additional Services must be authorized by CITY in writing prior to performance. CONSULTANT shall be compensated for Additional Services as set forth in Exhibit(s) “ ” or as specified in the written authorization.
I. If CONSULTANT believes Additional Services are needed to complete the Scope of Services, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed additional Services, reasons for such additional Services, and a detailed proposal regarding cost. CITY is under no obligation to approve any increase in the agreed-upon costs for the performance of this Agreement.
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.
SITE INSPECTION; DISCOVERY OF HAZARDOUS MATERIALS OR LATENT
CONDITIONS. The discovery, presence, handling or removal of hazardous substances is outside of CONSULTANT’s expertise, unless otherwise specified in Exhibit(s) “ ” , and is not included in the scope of Services. Should CONSULTANT discover any hazardous material, or 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.
PREVAILING WAGES. CONSULTANT shall comply with the California Prevailing Wage Law to the extent it applies to work performed under this Agreement. If applicable, CONSULTANT shall pay prevailing wages to its employees and shall comply with the additional provisions set forth below:
CONSULTANT shall pay prevailing wages to its employees on any agreement when required by applicable law. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. CONSULTANT shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. CONSULTANT and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.
CONSULTANT acknowledges and agrees that it will comply with AB 1768 (effective January 1, 2020), which amended and expanded the definition of “construction” for which prevailing wages must be paid to include “work performed during the design, site assessment, feasibility study, and other pre-construction phases of construction…regardless of whether any further construction work is conducted…”
CONSULTANT shall forfeit, as a penalty to Owner, the penalty or penalties as provided by the California Labor Code, for each laborer, workman, or mechanic employed in performing labor in and about the Work provided for in the Agreement for each day, or portion thereof, that such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under the Agreement by him or her or by any Subconsultant under him or her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the California Labor Code. The sums and amounts which shall be forfeited pursuant to this Paragraph and the terms of the California Labor Code shall be withheld and retained from payments due to CONSULTANT the California Labor Code, but no sum shall be so withheld, retained or forfeited except from the final payment without a full investigation by either the State Department of Industrial Relations or by Owner. The Labor Commissioner pursuant to California Labor Code §1775 shall determine the final amount of forfeiture.
CONSULTANT shall insert in every subcontract or other arrangement which CONSULTANT may make for performance of Work or labor on Work provided for in the Agreement provision that Subconsultant shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the California Labor Code.
CONSULTANT and Subconsultants must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work of the Agreement Documents. Each payroll record shall contain or be verified by a written declaration as required by Labor Code Section 1776. The payroll records enumerated above must be certified and shall be available for inspection at all reasonable hours at the principal office of CONSULTANT as required by Labor Code Section 1776. This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations.
WAIVER. CITY’s review or acceptance of, or payment for, Services or 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 term, covenant, or condition contained in this Agreement, whether of the same or different character.
TERMINATION.
Termination for Convenience. CITY may terminate this Agreement at any time with or without cause by written notice to CONSULTANT.
CONSULTANT will be entitled to recover its costs expended up to the termination plus reasonable profit thereon to the termination date not to exceed the total costs under Section 1(C), but may recover no other loss, cost, damage, or expense.
Termination for Cause. CITY may terminate this Agreement in whole or part for default should CONSULTANT commit a material breach of this Agreement, and such breach has not been cured within fifteen (15) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure. In the event CITY terminates this Agreement for default, CONSULTANT will be liable to CITY for all costs to cure the deficiencies, and all loss, cost, expense, damage, and liability resulting from such breach and termination.
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 Services 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 Services.
Upon a termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will become CITY’s property and CONSULTANT will deliver any such items in its possession to CITY within thirty (30) days of termination.
Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms Services similar to those terminated.
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…
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