Bid Notice-Cultural Resources and Section 106 Compliance Services for the Nevada City North Pine Pocket Park Project.pdf
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- RFP – Cultural Resources and Section 106 Compliance Services for the Nevada City North Pine Pocket Park Project
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- Nevada County, California
About this file
This Request for Proposals is issued by the City of Nevada City, California, seeking qualified cultural resources consulting services for Section 106 compliance work associated with the North Pine Pocket Park Project, which is funded through the Land and Water Conservation Fund (LWCF) program administered by the California Department of Parks and Recreation. The consultant will be responsible for conducting a comprehensive cultural resources evaluation and Section 106 National Historic Preservation Act compliance process, including Native American Heritage Commission coordination, undertaking and Area of Potential Effects definition, historic property identification and evaluation, State Historic Preservation Officer consultation package preparation, agency comment response support, and project compliance assistance. The North Pine Pocket Park is a 0.11-acre public park project located at 211 North Pine Street in downtown Nevada City adjacent to the Doris Foley Historical Library, situated within the city's historic district surrounded by landmark-registered and National Register-listed properties. The RFP was issued July 10, 2026, with questions due July 24, 2026, and proposals due July 31, 2026, by 3:00 p.m. The anticipated contract start date is August 30, 2026, with draft documentation due December 14, 2026, and final deliverables due February 15, 2027. Proposals must be submitted electronically in PDF format and as three hardcopies to Jessica Hankins, Planning Director, at the City of Nevada City.
The selection process will evaluate proposals on a 100-point scale based on qualifications and experience (40 points), project understanding and approach (30 points), project team composition (10 points), and cost proposal (20 points). The consultant must meet the Secretary of the Interior's Professional Qualification Standards and demonstrate experience with Section 106 compliance, National Register eligibility evaluations, DPR 523 form preparation, tribal consultation, and SHPO-accepted documentation. Preferred qualifications include previous LWCF project experience, prior work with California Department of Parks and Recreation, historic downtown project experience, and familiarity with Nevada City's historic resources. The selected consultant will enter into the City's standard Professional Services Agreement with a fixed-price, not-to-exceed contract structure and must maintain Commercial General Liability insurance of at least $1,000,000 per occurrence, Automobile Liability coverage of $1,000,000 per accident, and Workers' Compensation insurance with Employer's Liability limits of $1,000,000 per accident. The contract term is eighteen months from the Notice to Proceed, with the City retaining all right and title to deliverables upon full payment.
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City of Nevada City Jessica Hankins, AICP
Planning Director 317 Broad Street, Nevada City, California 95959
(530) 265-2496 x 130 jessica.hankins@nevadacityca.gov
REQUEST FOR PROPOSALS
Cultural Resources and Section 106 Compliance Services for the Nevada City North Pine Pocket Park Project Land and Water Conservation Fund (LWCF) Grant
RFP Issue Date: July 10, 2026 RFP Submission Deadline: July 31, 2026, by 3:00 p.m.
RFP – Cultural Resources and Section 106 Services City of Nevada City 2
Request for Proposals (RFP) Cultural Resources and Section 106 Compliance Services
North Pine Pocket Park Project Land and Water Conservation Fund (LWCF) Grant
Submittal Procedures Proposals shall be submitted electronically in PDF format to jessica.hankins@nevadacityca.gov, and three (3) hardcopies shall be submitted to:
Jessica Hankins, AICP Planning Director City of Nevada City 317 Broad Street Nevada City, CA 95959
The proposal envelopes shall be marked “Cultural Resources and Section 106 Compliance Services for the North Pine Pocket Park Project.” Sealed proposals for this Request for Proposals (RFP) will be received until the date and time specified above. Late, facsimile, or emailed proposals will not be accepted.
Questions regarding this RFP shall be directed to the Jessica Hankins, Planning Director, at (530) 265-2496 ext. 130, or via email at jessica.hankins@nevadacityca.gov.
The City reserves the right to reject all proposals; to reject any proposal which is incomplete or irregular; to determine which proposal is, in its judgment, the qualified Consultant; and to waive any informality or minor irregularity of any proposal.
DATED: July 10, 2026 CITY OF NEVADA CITY
City of Nevada City 3
Table of Contents
Submittal Procedures Introduction and Project Purpose
Introduction Project Description
Scope of Work Task 1 – Native American Heritage Commission Coordination Task 2 – Define the Undertaking and Area of Potential Effects (APE) Task 3 – Historic Property Identification and Evaluation
Records and Background Research Field Survey Tribal and Interested Party Outreach Resource Documentation and Evaluation Historic Property Inventory and Evaluation Report
Task 4 – Draft SHPO Consultation Package Task 5 – SHPO Comment Response Support Task 6 – Section 106 Completion Support Task 7 – Project Compliance Support Minimum Qualifications:
Preferred Qualifications
Proposal Content Requirements
1. Cover Letter
2. Qualifications and Experience (40 Points)
3. Project Understanding and Approach (30 Points)
4. Project Team (10 Points)
5. Cost Proposal (20 Points)
Evaluation Method and Criteria
Estimated Timeline
Deliverables
Resources
Professional Services Contract
City of Nevada City 4
Introduction and Project Purpose
Introduction
The City of Nevada City has applied for funding through the Land and Water Conservation Fund (LWCF) program administered by the California Department of Parks and Recreation Office of Grants and Local Services (OGALS). As a condition of grant funding, the project must comply with Section 106 of the National Historic Preservation Act and associated federal regulations.
The City is seeking proposals from qualified cultural resources consultants meeting the Secretary of the Interior’s Professional Qualification Standards to complete all tasks necessary to support National Park Service (NPS), State Historic Preservation Officer (SHPO), and OGALS review and approval of Section 106 compliance documentation for the North Pine Pocket Park Project.
The North Pine Pocket Park Project is located within the Historical District of Nevada City and is surrounded by buildings that are landmark-registered and individually listed on the National Register. Culturally significant properties in the vicinity include the Doris Foley Historical Library, Nevada County Courthouse, Searls Law Office, and other properties within the Historical District.
Project Description
The North Pine Pocket Park Project is a small public park on a City-owned parcel located at 211 North Pine Street adjacent to the Doris Foley Historical Library in downtown Nevada City. The approximately 0.11-acre site contains mature trees and provides an opportunity to create a passive recreational space. Potential improvements may include pathways, seating areas, landscaping, interpretive features, public art, small play elements, and other park amenities. Final project design may evolve as community engagement and project development continue. The project site is located within Nevada City’s historic downtown area and adjacent to historically significant resources, making cultural resources evaluation and Section 106 compliance a critical component of project implementation.
Additional project information can be found on the City’s website here:
https://www.nevadacityca.gov/335/North-Pine-Pocket-Park
Scope of Work The selected consultant shall complete all work necessary to satisfy the Section 106 process requirements established by the California Department of Parks and Recreation Office of Grants and Local Services (OGALS), the National Park Service (NPS), and the California State Historic Preservation Officer (SHPO).
City of Nevada City 5
The consultant shall perform the following tasks:
Task 1 – Native American Heritage Commission Coordination
• Request a Sacred Lands File search from the Native American Heritage Commission
(NAHC).
• Obtain the list of Native American tribal representatives identified by the NAHC.
• Provide results and documentation to the City for transmittal to OGALS.
Task 2 – Define the Undertaking and Area of Potential Effects (APE)
• Prepare a detailed Description of Undertaking describing all project elements.
• Delineate the Area of Potential Effects (APE), including direct and indirect APEs, as appropriate.
• Prepare maps and supporting documentation consistent with California Office of Historic
Preservation guidance for Section 106 consultation submittals.
• Coordinate with City staff and OGALS regarding APE boundaries.
Task 3 – Historic Property Identification and Evaluation
• Conduct a complete historic property identification effort consistent with Section 106 requirements, including but not limited to:
Records and Background Research
• Request and review confidential records searches through the appropriate California Historical Resources Information System (CHRIS) Information Center.
• Conduct archival and background research necessary to develop historic contexts and evaluate resources.
Field Survey
• Conduct pedestrian surveys of the APE.
• Identify cultural, historic, archaeological, and architectural resources within and adjacent to the APE.
Tribal and Interested Party Outreach
• Conduct outreach to tribes identified by the NAHC.
• Conduct outreach to interested parties and organizations as appropriate.
• Prepare and distribute consultation letters, project maps, and supporting materials.
• Follow up with tribes and interested parties as required.
• Maintain a consultation log documenting all outreach efforts.
City of Nevada City 6
Resource Documentation and Evaluation
• Prepare or update DPR 523 Series forms for all identified resources.
• Evaluate identified resources for eligibility for listing in the National Register of Historic
Places.
• Coordinate with City staff and OGALS regarding any potentially significant cultural resources identified during the study.
Historic Property Inventory and Evaluation Report
Prepare a comprehensive Historic Property Inventory and Evaluation Report containing:
• Description of Undertaking
• Description of Area of Potential Effects
• Regulatory Setting
• Environmental and Cultural Setting
• Research Methods
• Survey Results
• Resource Evaluations
• Findings and Recommendations
The report shall include all supporting documentation, including:
• Location maps
• APE maps
• CHRIS records search documentation
• Consultation correspondence
• Tribal outreach records
• Interested parties consultation log
• DPR 523 forms
• Photographic documentation
Task 4 – Draft SHPO Consultation Package
• Prepare a draft SHPO transmittal letter for review by OGALS.
• Assemble all supporting documentation necessary for SHPO consultation.
• Revise documents as requested by the City and OGALS.
Task 5 – SHPO Comment Response Support
• Assist the City and OGALS in responding to SHPO comments.
• Prepare revised documentation and supplemental analyses as needed.
City of Nevada City 7
Task 6 – Section 106 Completion Support
• Provide technical assistance during NPS consultation and Finding of Effect review.
• Respond to requests for additional information from OGALS, NPS, or SHPO.
Task 7 – Project Compliance Support
• Assist the City in understanding and implementing any Section 106 conditions, mitigation measures, treatment recommendations, or avoidance measures that may result from the consultation process.
Minimum Qualifications:
Consultants shall demonstrate that project personnel meet the Secretary of the Interior’s Professional Qualification Standards applicable to the work being performed.
The consultant shall demonstrate:
• Professional qualifications in archaeology, history, architectural history, historic architecture, or related disciplines.
• Experience conducting Section 106 compliance projects for federally funded projects.
• Experience preparing National Register eligibility evaluations.
• Experience preparing DPR 523 forms.
• Experience conducting tribal outreach and consultation support.
• Experience preparing reports and documentation accepted by SHPO and federal agencies.
• Familiarity with California Office of Historic Preservation Section 106 guidance.
• Ability to complete field investigations in Nevada City.
Preferred Qualifications
Preference may be given to consultants demonstrating:
• Previous experience with Land and Water Conservation Fund (LWCF) projects.
• Previous work with California Department of Parks and Recreation OGALS.
• Experience with projects involving historic downtown environments.
• Experience with parks, recreation, and public infrastructure projects.
• Familiarity with Nevada City’s historic resources and historic district.
Proposal Content Requirements All proposals must include the following information and shall be organized as described below.
City of Nevada City 8
1. Cover Letter
Include:
• Firm name and address
• Contact information
• Authorized representative
• Statement that proposal shall remain valid for 120 days
• Signature of authorized representative
2. Qualifications and Experience (40 Points)
Provide:
• Firm history and organization
• Relevant experience
• Resumes of key personnel
• Description of similar Section 106 projects completed within the last five years
• References for three similar projects
3. Project Understanding and Approach (30 Points)
Provide:
• Understanding of the project
• Proposed methodology
• Scope of services approach
• Quality assurance procedures
• Schedule and project management approach
4. Project Team (10 Points)
Provide:
• Organizational chart
• Key staff assignments
• Subconsultant roles
5. Cost Proposal (20 Points)
Provide:
• Detailed budget
• Hourly rates
City of Nevada City 9
• Estimated level of effort by task
• Proposed not-to-exceed amount
Evaluation Method and Criteria Proposals will be evaluated using the following criteria:
Criteria Points Qualifications and Experience 40 Project Understanding and Approach 30 Project Team 10 Cost Proposal 20 Total 100
The City may interview one or more firms prior to selection.
Estimated Timeline Phase Date
RFP Release July 10, 2026
Questions Due July 24, 2026
Proposal Submission Deadline July 31, 2026
Consultant Selection August 14, 2026
Anticipated Contract Start Date August 30, 2026
Notice to Proceed September 1, 2026
Draft Section 106 Documentation December 14, 2026
Final Deliverables February 15, 2027
Deliverables
At a minimum, the consultant shall provide:
• NAHC Sacred Lands File request and documentation
• Description of Undertaking
• APE maps and documentation
• CHRIS records search documentation
• Tribal outreach documentation
City of Nevada City 10
• DPR 523 forms
• Historic Property Inventory and Evaluation Report
• Draft SHPO transmittal package
• Responses to agency comments
• Electronic and editable copies of all final deliverables
Resources
1. North Pine Pocket Park Project Information: https://www.nevadacityca.gov/335/North-
Pine-Pocket-Park
2. LWCF Section 106 Procedure Guidelines:
https://www.parks.ca.gov/pages/1008/files/LWCF_Procedure_for_Section_106.pdf
3. Available Site Maps and Project Materials, including
a. Historic Preservation Planning documents: https://ca-nevadacity.civicplus.com/225/Planning-Historic-Preservation-in-Nevada
b. Historical District Ordinance:
https://library.municode.com/ca/nevada_city/codes/code_of_ordinances?nodeId=TIT
17ZO_CH17.68CODIRE_ARTIIHDHICODI
Professional Services Contract The selected consultant will be required to enter into the City’s standard Professional Services Agreement and comply with all insurance requirements. A sample of the contract is shown below.
Professional Services Contract – PROJECT NAME Page 1 of 6
PROFESSIONAL SERVICES CONTRACT
PROJECT NAME
CITY OF NEVADA CITY
THIS AGREEMENT is made and entered into this ___ day of ______ by and between the CITY OF
NEVADA CITY, hereinafter referred to as "City" and “___________,” hereinafter referred to as "Consultant".
RECITALS:
WHEREAS, City desires to retain a Consultant to provide the following services:
See attached Scope of Work (Exhibit “A”) for PROJECT NAME.
WHEREAS, Consultant warrants that it is qualified and agreeable to render the aforesaid services.
NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by City, the parties agree to the following:
1. SCOPE OF SERVICES: Consultant agrees to provide all of the services described in Exhibit "A" attached hereto and by this reference made a part hereof.
A. Consultant agrees to furnish all labor, materials, equipment, services, and other means necessary to perform and complete in a good and workmanlike manner, those certain improvements as called for, and in the manner designated in Exhibit “A”.
2. ADDITIONAL SERVICES: The City may desire services to be performed which are relevant to this contract but have not been included in the scope of the services listed in Paragraph 1 above. Any such additions to the scope of services shall be acknowledged by a mutually executed contract amendment.
These additional services could include, but are not limited to, any of the following:
A. Work requested by the City in connection with any other matter or any item of work not specified herein; and
B. Work resulting from substantial changes ordered by the City in the nature or extent of the project.
3. PROJECT RECORDS: Consultant shall maintain project records and data in a format acceptable to City and State, and provide same to the City within thirty (30) days after the completion of the contract and prior to final payment.
4. CITY FURNISHED SERVICES: The City agrees to:
A. Guarantee access to and make provisions for the Consultant to enter upon public and private lands as required to perform their work.
B. Not withhold approval of final deliverables without substantial cause.
C. Make available all pertinent data and records for review.
D. Provide general contract forms and special provisions format when needed.
5. FEES: Payment for the services provided under this Agreement shall be based on a unit price basis at rates set forth in Exhibit "C", for a Fixed Price, Not to Exceed Amount of $_____________. The City agrees to pay and the Consultant agrees to accept, in full payment for the work above agreed to be done, the payment for all work described herein subject to additions and deductions as provided in this contract.
6. PAYMENT: Payment for services under this Contract shall be due each month within thirty (30) calendar days after receipt by City of an invoice covering the service(s) rendered to date.
With respect to any additional services provided under this Contract as specified in paragraph 2 hereof, Consultant shall not be paid unless Consultant has received written authorization from City for the additional services prior to incurring the costs associated therewith.
Professional Services Contract – PROJECT NAME Page 2 of 6
7. CONTRACT PERFORMANCE TIME: If this contract is accepted, the Consultant agrees to execute the
Agreement and furnish to the City all required evidence of insurance, within ten (10) days after receiving written notice of the award of contract, and complete the project pursuant to the project schedule shown within Exhibit “A” and within eighteen (18) months after receiving written notice to proceed.
8. INSURANCE: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25
04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Professional Services Contract – PROJECT NAME Page 3 of 6
Insurance is to be placed with insurers authorized to conduct business in the state with a current AM Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Verification of Coverage Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors Consultant shall require and verify that all subcontractors (or Subconsultants) maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
9. WORKER'S COMPENSATION: The Consultant acknowledges that it is aware of the provisions of the
Labor Code of the State of California which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code and it certifies that it will comply with such provisions before commencing the performance of the work of this Contract.
10. PREVAILING WAGE AND APPRENTICES: Not applicable.
11. NONDISCRIMINATORY EMPLOYMENT: In connection with the execution of this Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, political affiliation, ancestry, marital status or disability. This policy does not require the employment of unqualified persons.
12. SUBCONTRACTING: Consultant shall not subcontract nor assign any portion of the work required by this
Contract without prior written approval of the City except for any subcontract work identified herein.
Consultant shall require any such subcontractor to comply with all of the provisions of this contract except that Consultant may determine the need for subcontractor to carry errors and omissions insurance.
13. ASSIGNMENT: The rights, responsibilities and duties under this Contract are personal to the Consultant and may not be transferred or assigned without the express prior written consent of the City.
14. LICENSING: The Consultant shall maintain the appropriate licenses throughout the life of this Contract.
15. BOOKS OF RECORD AND AUDIT PROVISION: Consultant shall maintain on a current basis complete books and records relating to this contract. Such records shall include, but not be limited to, documents supporting all contracts, all income and all expenditures. The books and record shall be original entry books with a general ledger itemizing all debits and credits for the work on this contract. In addition, Consultant shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items. These documents and records shall be retained for at least three
(3) years from the date of final payment and all other pending matters are closed for completion of this contract. Consultant will permit City to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Consultant who participated in this contract in any way. Any audit may be conducted on Consultant's premises or, at City's option, Consultant shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from City.
16. TIME OF COMPLETION: The Consultant agrees to complete each phase of the work within the time schedules outlined within this Contract.
Professional Services Contract – PROJECT NAME Page 4 of 6
17. LIQUIDATED DAMAGES: Time is of the essence in the performance of the services by the Consultant. In the event that the Consultant's work is not completed in an acceptable fashion by any of the dates established herein, the City may incur damages due to the delay.
18. DISPUTE RESOLUTION: Every effort will be made to resolve, in an equitable manner, any dispute arising between the City and Consultant concerning the terms of this agreement and subsequent Task Orders.
19. TITLE: It is understood that any and all documents, information and reports concerning this project prepared by and/or submitted to the Consultant, shall be the property of the City upon full payment of all monies due and owing to the Consultant in accordance with the terms of this Agreement. The Consultant may retain reproducible copies of drawings and copies of other documents. In the event of the termination of this Contract, for any reason whatever, Consultant shall promptly turn over all information, writing and documents to City without exception or reservation for their intended use only. Consultant is not responsible for any use of the documents for anything other than their original intended use.
20. TERMINATION:
A. If the Consultant fails to provide in any manner the services required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the City may terminate this Contract by giving five (5) calendar days’ written notice to the party involved.
B. The Consultant shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Consultant has no control.
C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days’ written notice to the other parties. Notice of Termination shall be by written notice to the other parties and be sent by registered mail.
D. In the event of termination not the fault of the Consultant, the Consultant shall be paid for services performed to the date of termination in accordance with the terms of this Contract.
21. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performance of the services herein, the Consultant, and the agents and employees thereof, shall act in an independent capacity and as an independent Consultant and not as officers, employees or agents of the City.
22. AMENDMENT: This Contract may be amended or modified only by written agreement of all parties.
23. ASSIGNMENT OF PERSONNEL: The Consultant shall not substitute any personnel for those specifically named in Exhibit "B" unless personnel with substantially equal or better qualifications and experience are provided, acceptable to City, as evidenced in writing.
24. JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of
California and the parties hereto agree that venue shall be in Nevada County, California.
25. INDEMNIFICATION:
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to the performance of this Agreement by Consultant or by any
Professional Services Contract – PROJECT NAME Page 5 of 6 individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant.
The provisions of this section do not apply to claims occurring as a result of City’s sole or active negligence.
The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
26. COMPLIANCE WITH APPLICABLE LAWS: The Consultant shall comply with any and all federal, state and local Laws affecting the services covered by this Contract.
27. NOTICES: Notices shall be given to City at the following location:
City of Nevada City Attention: Jessica Hankins, City Planner 317 Broad Street Nevada City, CA 95959
Notices shall be given to Consultant at the following address:
Name Address
28. STANDARD OF PRACTICE: The Consultant warrants that Consultant has the degree of learning and skill ordinarily possessed by reputable professionals practicing in similar localities in the same profession and under similar circumstances. Consultant's duty is to exercise such care skill and diligence as professionals engaged in the same profession ordinarily exercise under like circumstances.
29. FINANCIAL DISCLOSURE STATEMENTS: If the scope of work of this contract is of such a nature, Consultant will follow the form and requirements of Government Code Sections 87100, et seq. in filing its financial disclosure statement.
30. COST DISCLOSURE: In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of its filed report the dollar amount of this contract and any related contracts and subcontracts relating to the preparation of the report resulting from this contract.
IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the date first above written
APPROVED BY:
CITY OF NEVADA CITY:
City Manager
Deputy City Clerk
CONSULTANT NAME
(Signature)
(Printed Name and Title)
(Federal Tax I.D. #)
Attachments:
1. Exhibit A: Scope of Services, including Assignment of Personnel and Cost Proposal
Professional Services Contract – PROJECT NAME Page 6 of 6
Exhibit A
CONSULTANT SCOPE OF SERVICES
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