Department of Development Services, Planning Division, On-Call Development Project Processing and Environmental Review Services

expired opportunity(Expired)
From: Elk Grove City(City)

Basic Details

started - 23 Jan, 2023 (14 months ago)

Start Date

23 Jan, 2023 (14 months ago)
due - 27 Feb, 2023 (13 months ago)

Due Date

27 Feb, 2023 (13 months ago)
Bid Notification

Type

Bid Notification

Identifier

N/A
Elk Grove City

Customer / Agency

Elk Grove City
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CITY OF ELK GROVE Request for Proposals For Department of Development Services Planning Division On-Call Development Project Processing and Environmental Review Services City Clerk’s Office City of Elk Grove 8401 Laguna Palms Way Elk Grove, CA 95758 Proposals Due: Monday, February 27, 2023 by 10:00 a.m. (Pacific Time) CITY OF ELK GROVE Page 2 of 36 Introduction: The City of Elk Grove (City) is accepting proposals from qualified Consultants (Consultant(s)) for the City’s Development Services Planning Division in accordance with the included specifications, terms, and conditions shown in this Request for Proposals (RFP). Prospective respondents are advised to read this information over carefully prior to submitting a proposal. Electronic Submission: Proposals must be submitted electronically in pdf form and emailed to City Clerk Jason Lindgren at jlindgren@elkgrovecity.org, with a copy to Antonio Ablog, Planning Manager at
aablog@elkgrovecity.org, prior to the deadline stated above. Submittals in pdf format must be fully ADA compliant. Large files may be sent using a cloud-based system such as Dropbox. Consultants shall be responsible for ensuring that proposals submitted electronically are received by the City Clerk prior to the deadline. Proposals that are not received prior to the deadline shall not be considered by the City, even if the late submission is due to a technical or other error, including, without limitation, the City's inability to open or access the electronic file. If the proposing Consultant does not receive a confirmation from the City Clerk that the proposal has been received, Consultant should assume the transmission failed and either resubmit or arrange for another method of delivery. Consultants are also encouraged to contact the City Clerk to confirm receipt of their proposal prior to the deadline. Proposals shall not be accepted by fax. Electronic submissions shall include bookmarks for each section with an easy-to-read font size and style. Questions regarding this RFP are to be directed by e-mail to: Antonio Ablog, Planning Manager, aablog@elkgrovecity.org. Such contact shall be for clarification purposes only. The City must receive all questions no later than February 17, 2023. Material changes, if any, to the scope of services or proposal procedures shall only be transmitted by written addendum and posted to the City web site. Addendums and answers to submitted questions will be available via the City of Elk Grove web site under “Notice” for the RFP announcement. Background of Department The City incorporated in July 2000. Historically, contract services were provided for various departments and divisions as it relates to private development. Planning Services were provided by the Planning Department; Development Engineering Services by the Public Works Department; and Building Permitting and Inspection Services by the Building Department. In February 2016, these three (3) departments/divisions merged into one department, the Development Services Department (Department), for the primary purpose of creating a “one-stop shop” for the processing of all development-related applications. In 2017, the Planning Division was transitioned from contracted services to City employed staff. Since this transition, the Planning Division has maintained a list of on-call consultants selected through an RFP process to augment its staff for both development project processing and environmental review services. Contract Model The Development Services Department currently maintains a list of seven (7) separate firms that are available to provide development project processing services and seven (7) separate firms that are available to provide environmental review services. Five (5) of these firms are available to the Department for both project processing and environmental review services. The City now desires to update these lists as the current lists are from 2017. The City is interested in contracting with reputable and qualified firm(s) to perform the services required for one or both of the services described above. All interested firms, including those already on the existing list, should submit a proposal to be considered for inclusion on the updated lists. Organization The existing organizational structure of the Development Services Department is represented by the following chart: mailto:jlindgren@elkgrovecity.org mailto:dwilson@elkgrovecity.org mailto:dwilson@elkgrovecity.org CITY OF ELK GROVE Page 3 of 36 * Denotes contracted services Single or Combined Proposals: Proposals may be submitted for either development project processing or environmental review, or both services combined. Consultants may submit a single proposal for both services. Late Proposals: Proposals arriving after the specified date and time shall not be considered, nor shall late proposals be opened. Each Consultant assumes responsibility for timely submission of its proposal. Withdrawal or Modifications of Proposals: Any proposal may be withdrawn or modified by a written request signed by the Consultant and received by the City Clerk prior to the final time and date for the receipt of proposals. Once the deadline is past, Consultants are obligated to fulfill the terms of their proposal. Proposal Acceptance and Rejection: The City reserves the right to accept any proposal, to reject any and all proposals, and to call for new proposals, or dispense with the proposal process in accordance with the Elk Grove Municipal Code. Proposal Evaluation and Award: Evaluation will be made based on the criteria noted in the Evaluation and Selection Criteria section of this RFP. The City will be selecting multiple consultants for both project processing and environmental review. Contracts will be awarded to the responsible Consultant(s) who best meet the City’s needs by demonstrating the competence and professional qualifications necessary for the satisfactory performance of the required services and shall not necessarily be based on the lowest priced proposal, except as otherwise provided by law, taking into consideration adherence to the included specifications. All Consultants that were not selected by the City will be notified in writing. Nothing herein shall obligate the City to award a contract to any responding Consultant. Any contract awarded will be non-exclusive, and the City reserves the right to seek services from other sources, in the City’s sole discretion Register with the California Secretary of State: Unless Consultant is a sole proprietorship, Consultant must be registered and in good standing with the California Secretary of State within 14 days following notification of the City’s intent to award a contract to Consultant and prior to execution of a final contract. Failure to timely register with the Secretary of State may result in the City awarding the contract to another Consultant. Additional information regarding the registration process may be found on the Secretary of State’s website at: https://businesssearch.sos.ca.gov/. https://businesssearch.sos.ca.gov/ CITY OF ELK GROVE Page 4 of 36 Disclosure of Submitted Materials: After selection and execution of the contract(s), (or prior thereto if required by law) all information and materials provided in each submittal received is subject to disclosure through a public records request pursuant to the California Public Records Act, or otherwise as may be required by law. The City, in its sole discretion, may release any submitted materials, regardless of whether such materials are marked by respondents as confidential or otherwise as protected. Waiver of Irregularities: The City retains the right, in its sole discretion, to waive any irregularities in proposals that do not comply with the strict requirements of this RFP, and the City reserves the right to award a contract to a Consultant submitting any such non-compliant proposal, all in the City’s sole discretion. Security Access Policy: The work to be completed under this RFP requires access to City facilities and therefore is subject to the City’s Security Access Policy, which is attached to the City’s standard contract (see Attachment B). The prospective Consultant, including its employees, subcontractors, agents and anyone working on their behalf that will access City facilities, must submit to a background check which shall include Live Scan electronic fingerprinting. This background check must be completed before the Consultant will receive a Notice to Proceed. The Elk Grove Police Department shall review the background check and may deny access to any individual in its discretion as it deems necessary for the security of City facilities and personnel. A contract shall not be awarded to any Consultant that is unable to complete the scope of work as a result of denied access under the City’s Security Access Policy. Validity of Pricing: Consultants are required to provide a fee structure including the hourly rate of the principals to be assigned to the matter, and proposed cost (line-item descriptions and pricing), and expense reimbursements levels, and total costs. No cost increases shall be passed onto the City after the proposal has been submitted. No attempt shall be made to tie any item or items contained in this RFP with any other business with the City; each proposal must stand on its own. No Guarantee of Usage: Any quantities listed in this RFP are estimated or projected and are provided for tabulation and information purposes only. No guarantee of quantities is given or implied by the City. Consultant must furnish the City’s needs as they arise. Demonstrations: When required, the City may request full demonstrations prior to award. When such demonstrations are requested, the Consultant shall respond promptly and arrange a demonstration at a convenient location. Failure to provide a demonstration as specified by the City may result in rejection of a proposal. Use of Other Governmental Contracts: The City reserves the right to reject any part or all of any proposals received and utilize other available governmental contracts. Qualification/Inspection: Proposals will only be considered from Consultants normally engaged in providing the types of services specified herein. By responding to this RFP, the Consultant consents to the City’s right to inspect the Consultant’s facilities, personnel, and organization at any time, or to take any other action necessary to determine Consultant’s ability to perform. The City reserves the right to reject proposals where evidence or evaluation is determined to indicate inability to perform. The City reserves the right to interview any or all responding Consultants and/or to award a contract without conducting interviews. CITY OF ELK GROVE Page 5 of 36 Federal Requirements: Should any portion of these services require the use of Federal funds, all Federal requirements shall apply, and all Consultants must consent to each certification and assurance, which will be incorporated into the contract. Piggybacking: “Piggybacking” is a form of intergovernmental cooperative purchasing in which an entity will be extended the same pricing and terms of a contract entered into by another entity. Proposers are requested to indicate on their Proposal if they will extend the pricing, terms and conditions of an awarded contract, based on this RFP, to other government agencies. If the successful Consultant agrees to this provision, participating agencies may enter into a contract with the successful Consultant for the purchase of the service and commodities described herein based on the terms, conditions, prices, and percentages offered by the successful Consultant to the City. Minor changes in terms and conditions may be negotiated by participating agencies during the term and following the award of the contract. Any such contract shall be entirely independent and separate from the City and City shall have no obligation relating to any third party contract. Payment Terms: Payment shall be made as set forth in the contract attached hereto as Attachment B. In submitting proposals under these specifications, Consultants should take into account all discounts, both trade and time, allowed in accordance with the payment terms. Performance: It is the intention of the City to acquire services as specified herein from a Consultant that will give prompt and convenient service. Term of Contract: The term of the contract will be for a specific period of time, commencing upon execution. The City anticipates the contract to be for a term of five (5) years with two (2) one-year extensions, at the option of the City. The City reserves the right to set the term for a period deemed to be in the best interest of the City, and terminate the contract as set forth therein. Amendments: If, in the course of the performance of the contract, Consultant or the City proposes changes to the services provided, and informal consultation with the other party indicates that a change in the terms and conditions of the contract may be warranted, Consultant or the City may request a change in the contract. The parties to the contract will meet to discuss and negotiate the required documents. Upon completion of those negotiations, the negotiated documents will be submitted to the City for approval. Upon approval by the City, an amendment to the contract will be approved by all parties for the change to be implemented. An amendment shall not render ineffective or invalidate any unaffected portions of the Contract. Nothing in this section obligates the City to agree to any change order or other amendment, and the City may withhold such agreement in its sole discretion. Service and support: Consultants shall explain how all on-going service and support shall be handled by the Consultant and the City of Elk Grove. CITY OF ELK GROVE Page 6 of 36 Records: The Consultant shall maintain complete and accurate records with respect to labor costs, material expenses, and other such information required by City that relates to the performance of services under the contract. The Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of the services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. The Consultant shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to the contract. Such records, together with supporting documents, shall be maintained for City’s inspection for a period of at least three (3) years after receipt of final payment. (See next page for Guidelines for Proposal) CITY OF ELK GROVE Page 7 of 36 Guidelines for Proposal The following guidelines are provided for standardizing the preparation and submission of proposals. The intent is to assist respondents in the preparation of their submissions and to assist the City by simplifying the review process providing standards for comparison of submissions. Statements submitted in response to this RFP shall include a complete response to the requirements in this section in the order presented. Statements should be a straightforward delineation of the respondent’s capability to satisfy the intent and requirements of this RFP and should not contain redundancies and conflicting statements. Electronic submissions shall include bookmarks for each section with an easy-to-read font size and style. Proposals shall contain the following information in the order listed: 1. Introductory letter The introductory letter should be addressed to: Antonio Ablog Planning Manager City of Elk Grove 8401 Laguna Palms Way Elk Grove, CA 95758 The letter shall include the Consultant’s name submitting the proposal, their mailing address, telephone number, and contact name. The letter shall address the Consultant’s understanding of the project based on this RFP and any other information the Consultant has gathered. Include a statement discussing the Consultant’s interest and qualifications for this type of work. A principal of the firm authorized to legally bind the firm shall sign the letter. 2. Table of Contents The Consultant shall insert a comprehensive table of contents denoting Sections 3 through 9 of the proposal as indicated below. 3. Qualifications and Experience Describe the Consultant’s capability for actually undertaking and performing the work, including any professional licenses and certificates held by the Consultant. List types and locations of similar work performed by the Consultant in the past five (5) years that best characterizes the quality and past performance. Include names and current phone numbers for contact on work quality and performance. References may be contacted as part of the selection process. 4. Work Plan The work plan must state the Consultant’s ability to meet each specification as outlined in this document. The work plan should address the items of work as described in this RFP. The plan should be simple, easy to read and follow, and address and satisfy the objectives and specifications as listed in the Scope of Work in this RFP. 5. Conflict of Interest Statement Any activities or relationships of the Consultant that might create a conflict of interest for the Consultant or the City, and, if such activities or relationships exist, a description of the facts, legal implications, and possible effects sufficient to permit the City to appreciate the significance of the conflict and to grant any conflict waiver, if appropriate and necessary. CITY OF ELK GROVE Page 8 of 36 6. Supportive Information/References This section may include graphs, charts, photos, resumes, references, and any other relevant information in support of the Consultant’s qualifications. 7. Fee This section should include the cost for requested services outlined in the Scope of Work. Consultants shall clearly describe and outline fees for the services to be provided for each task of the project. Fees should be linked to the tasks of the work plan as provided in Section 4, Work Plan. Upon completion of each task, the Consultant will notify the City and request payment for the products and services by submitting an invoice and a brief description of work performed during the billing period. Upon receipt of the invoice, the City will review in a timely manner the products and services noted, verify completion, and authorize payment. No cost increases shall be passed onto the City after the proposal has been submitted. No attempt shall be made to tie any item or items contained in this RFP with any other business with the City. 8. Secretary of State Consultant shall acknowledge their understanding of needing to be registered with the California Secretary of State as noted in the RFP language above. 9. Master Services Contract: Attached to the RFP (Attachment B) is a copy of the City’s standard Master Services Contract (Contract). The City’s standard Contract may be modified, in the City’s sole discretion, to address the specific provisions of this RFP and Consultants should note that any specifications or other requirements specific to this RFP shall be included in the Contract and Contract’s exhibits following an award of the Contract. Please review the Contract carefully and note in your proposal any exceptions or alterations to the Contract. Alterations or changes to the Contract that are not in the Consultant’s response shall not be allowed after the selection of the Consultant. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. By requiring these requests up front, the City can compare all respondents on an equal basis. However, the City reserves the right, in its sole discretion, to accept or reject any and all proposed changes to the City’s standard Contract. For reference, the insurance amounts that appear in the attached Contract are summarized below. TYPE SINGLE LIMIT / OCCURRENCE AGGREGATE ENDORSEMENTS*** General Liability $1,000,000 $1,000,000 Additional Insured Waiver of Subrogation Primary Non Contrib Auto Liability $1,000,000 Hired, & Non-Owned Additional Insured Work Comp Employer’s Liability Statutory $1,000,000 each Waiver of Subrogation Professional Liability $2,000,000 $2,000,000 Requirements extend 3 years past contract expiration ***Must be actual endorsements. Typed statements on Certificates of Liability are unacceptable. This is a summary only. Please refer to the insurance section and/or exhibit of this contract for specific requirements. (See next page for Scopes of Work) CITY OF ELK GROVE Page 9 of 36 SCOPE OF WORK- Planning Division Background: This RFP solicits qualified firms to provide an array of professional services to the Planning Division of the City’s Development Services Department. Respondents to this RFP must demonstrate an understanding of the professional services required, the capacity to deliver these services, and the ability to tailor services to address specific issues. The Planning Division is primarily charged with the responsibility of providing development standard, policy, and environmental review services as they relate to private site development. The Planning Division oversees the review of private site development applications by City departments, outside agencies, and the public. The City currently contracts with multiple firms to augment City Staff resources to support the activities necessary to operate Planning activities within the Department. Objectives: Proposals shall clearly define the prime consultant that would be accountable to the City for all provided services, whether they are subcontracted or preformed directly by the prime. This accountability includes full fiduciary responsibility to the City for any errors or omissions made in providing services to the City. The proposals shall also describe the entire project team (prime and sub-consultants) that will provide the professional services of the Planning Division. Proposals shall identify key staff members, their qualifications, roles and responsibilities and the level of availability of the staff to the City. In addition, proposals shall describe a staff continuing education program to ensure the staff is kept up to date in their field of expertise. The City intends to award a contract to the firms submitting the most-qualified professional services proposal based on the Evaluation and Selection Criteria, set forth in Attachment A. Specifications: The scope of services requested includes all the professional services needed to support the Planning Division. A summary of the professional services requested is shown below. The tasks outlined below provide a more detailed description for each of the primary services. The summary of services includes, but is not limited to: • Entitlement Review Services for Development Applications • Plan Check and Services • Environmental Review and CEQA/NEPA Document Preparation • Construction Inspection Services for Private Development • Other Support Services Requirements: The City desires to minimize, if not eliminate, all direct administrative charges necessary to support the above described professional and general services. Therefore, the City requests that all administrative services necessary to support the scope of services required for professional services as outlined herein, be reflected in your overhead/indirect cost rate. Administrative services include support staff, travel, training, billing/invoicing, equipment/supplies, rent/utilities, etc., and shall not be billed directly. Payment Provisions Under the current contract model, most of the Department’s services have been on a task order basis where task orders could be issued based on lump sum or “not-to-exceed” payment provisions. In addition, some task orders could be competitively “bid” for on-call services, as needed. Proposals shall address the impact of “pay when paid” provisions regarding work for development services projects. CITY OF ELK GROVE Page 10 of 36 Pricing for Services This section shall include the cost for requested services outlined in this Scope of Work. Consultant shall provide a summary of proposed hours of key staff and other support positions. List all staff by position classifications, responsibilities, hourly rates and estimated annual hours dedicated to each major professional service task.. The City requests that all administrative services necessary to support the scope of services in this proposal be reflected in your overhead/indirect cost rate. Administrative services include support staff, travel, training, billing/invoicing, equipment/supplies, rent/utilities, etc., and shall not be billed directly. The pricing proposal shall also identify any sub-consultants included in the proposal, the cost for the sub-consultant work and any markup by the prime for the sub- consultant work. The Consultant chosen pursuant to this RFP should note that for some facets of work, a “pay when paid” provision will be imposed on billings rendered. Consultants should take into account that the City will charge the consultant(s) a “per workstation” cost for each staff member that will be using City- furnished office space as further explained in the “Office Space Lease” section below. It should be noted that the need for in-office consultants is based on the development project review workload. The Planning Division may request in-office services for Project Processing services but not for Environmental Review services. No cost increases during the selection process shall be passed onto the City after the proposal has been submitted, except as otherwise provided for in the Contract. Office Space Lease Consultant(s) shall be charged $17,000 per year for each City furnished workspace, if deemed necessary, including the minimum number of workspaces required to be used. The cost of the lease includes office space, furniture, telephone, City-furnished computer and normal/routine office supplies. Consultants shall be responsible for responding to any ergonomic and/or disability accommodation needs of its employees, including, but not limited to, assessing needs and purchasing necessary furnishings and equipment. Services / Tasks The services described below are as descriptive as possible, but it should be recognized that they are not all- inclusive. Consultants shall provide additional services as needed to support the primary services/tasks identified: Scope of Work (Project Processing) Services provided by Consultant shall be on an On-Call basis as requested by the City in writing over the term of the Contract period. Consultant shall perform a task in anyone, or a combination of, services within the Consultant’s area of expertise as listed below and as requested by City in a written Task Order signed by the City Manager or their designee. The City has no obligation to request any services under this Contract. A request for services shall be made by City on a project-by-project basis under a Task Order approved by the City specifying a detailed scope of work, schedule, budget and performance measurements. All Task Orders shall be prepared based on the approved schedule of fees stated in this Contract and in accordance with each Task order. Subconsultants may be utilized for various technical reports and subtasks within a specific project. The City reserves the right to approve the use of all subconsultants prior to approval of a Task Order and to disallow the use of subconsultants that have not been approved by the City. On an as-needed basis, Consultant shall provide on-call services that may include, but are not limited to, the following: CITY OF ELK GROVE Page 11 of 36 1. Current Planning and Development Processing. Review and process development applications. Specific Consultant responsibilities shall include the following as directed by the City: a. Completing review and analysis of proposed projects for consistency with the City’s General Plan, zoning and other applicable Elk Grove Municipal Code provisions, Subdivision Map Act, applicable Design Guidelines, applicable specific plans, and other applicable local and State policies and standards. b. Provide comments within timelines specified by the Permit Streamlining Act, Housing Accountability Act, Housing Crisis Act of 2019, other State laws, and City policy and standards. c. Meeting with developers, engineers, property owners, contractors, City staff, outside agency reviewers, and other individuals to discuss, advise, explain processes, and suggest improvements regarding potential projects, pre-applications, development applications, feasibility analysis, conceptual development plans, and code interpretations. d. Meet with the public and facilitate public workshops to review development applications. e. Prepare conditions of approval, staff reports, resolutions, ordinances, conditions of approval, and give presentations to the Zoning Administrator, Planning Commission, City Council, and other boards and committees, as applicable. f. Analyze projects for California Environmental Quality Act (CEQA) compliance and prepare findings and notices of exemption. [Note, preparation of CEQA documents (Negative Declarations, Mitigated Negative Declarations, and Environmental Impact Reports) shall be covered by one of the City’s on-call CEQA consultants under separate contract with the City]; g. Other current planning and development services, as directed by the City. In addition to the services described herein, Consultant shall: • Attend meetings, both in-person and remotely, as requested by the City. • Communicate, cooperate, and team with the City and other City consultants, as necessary. • Manage multiple projects and competing priorities while maintaining quality, meeting schedules, and staying within the approved budget. • Stay up to date on best practices, industry trends, and changes in State law and case law. Scope of Work (Environmental Review) Services provided by Consultant shall be on an On-Call basis as requested by the City in writing over the term of the Contract period. Consultant shall perform a task in any one, or a combination of, services within the Consultant’s area of expertise as listed below and as requested by City in a written Task Order signed by the City Manager or their designee. The City has no obligation to request any services under this Contract. CITY OF ELK GROVE Page 12 of 36 A request for services shall be made by City on a project-by-project basis under a Task Order approved by the City specifying a detailed scope of work, schedule, budget and performance measurements. All Task Orders shall be prepared based on the approved schedule of fees stated in this Contract and in accordance with each Task order. Subconsultants may be utilized for various technical reports and subtasks within a specific project. The City reserves the right to approve the use of all subconsultants prior to approval of a Task Order and to disallow the use of subconsultants that have not been approved by the City. ln accordance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), the City anticipates that the preparation of environmental document(s) may be required for potential future projects; Due to the potential for project schedules to overlap, the City may ask several firms to provide consulting services and the firm(s)·may subsequently be asked to provide written proposals for more than one project. The Consultant may be asked to provide a variety of professional services, as assigned, and prepare environmental documents including, but not limited to, Environmental Impact Reports, Mitigated Negative Declarations, Negative Declarations, Initial Studies, technical studies, Environmental Assessments, or Environmental Impact Statements in compliance with the requirements of CEQA or NEPA. Typical environmental impacts that will need to be assessed include, but are not limited to, those topics listed in Appendix G of the State CEQA Guidelines or as listed in the Code of Federal Regulations for NEPA compliance, as they may be amended from time to time. In addition to the services above, the Consultant must be prepared to effectively provide the following: • Assist the City's staff planners in managing the environmental processing for private development projects and City-initiated projects, including preparation of environmental documents, attendance at public meetings, regular interface with City staff and other City consultants, and attendance at regularly scheduled coordination meetings as necessary when work is in progress. • Communicate, cooperate and team with specialized environmental consultants and City staff and other City consultants as necessary. • Provide a full range of environmental consulting services capable of meeting the needs of any given private development or City initiated project. • Manage multiple projects and competing priorities while maintaining quality, meeting schedules, and staying within the approved budget. • Peer review and incorporate into consultant’s analysis technical studies provided by other consultants CITY OF ELK GROVE Page 13 of 36 ATTACHMENTS Attachment A: Evaluation and Selection Criteria Evaluation Criteria The following represent the principal selection criteria, which will be considered during the evaluation process: • Firms Qualifications, Experience, and References: Experience in performing work of a closely similar nature and size; experience working with public agencies; strength, stability, experience, and technical competence; assessment by client references. • Qualifications and Experience of Personnel and Staffing: Qualifications and experience of proposed personnel for requested services. • Work Plan: Depth of Consultants understanding of City’s requirements; overall quality and logic of work plan. • Quality and Responsiveness of the Proposal: Completeness of response in accordance with the RFP instructions. • Rates and Fees: Reasonableness and competitiveness of the rates and fees proposed; adequacy of data in support of figures quoted, basis on which rates and fees are quoted. Review and Selection Process Staff will evaluate the merits of the proposals received in accordance with the evaluation factors stated in this RFP and formulate a recommendation. For each evaluation criteria, proposals will be evaluated on their relative strengths, deficiencies, and weaknesses. CITY OF ELK GROVE Page 14 of 36 Attachment B: Sample Master Services Contract CITY OF ELK GROVE MASTER SERVICES CONTRACT FOR CONSULTANT NAME Planning Division On-Call Development Project Processing and Environmental Review Services CITY OF ELK GROVE Page 15 of 36 MASTER SERVICES CONTRACT THIS CONTRACT (“Contract”) is made on , 20 , by and between the City of Elk Grove, a municipal corporation (the “City”) and Consultant Name, a (the “Consultant”), collectively referred to as the “Parties.” WITNESSETH WHEREAS, Consultant has presented a proposal to provide services, which services are identified in the Scope of Work attached hereto and incorporated herein by this reference as Exhibit A, and by reason of its qualifications, experience, and facilities, is duly authorized to perform the type of services contemplated herein; and, WHEREAS, City desires to hire Consultant to perform the Scope of Work pursuant to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises set forth herein, City and Consultant agree to as follows: 1. SCOPE OF SERVICES A. Consultant shall do all work described herein, and as further set forth in individual task orders issued by the City to Consultant. The terms and conditions of this Contract shall control all Task Orders (“Task Orders”). B. Consultant agrees it has satisfied itself by its own, investigation and research, regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. 2. TERM OF CONTRACT This Contract shall be effective as of the date executed by the Parties and approved as to form by the City Attorney and shall terminate at 11:59 p.m. on , unless earlier terminated pursuant to Section 11 of this Contract. Notwithstanding any other provision of this Contract, the City Manager shall be authorized to extend the termination date of this Contract (including, as necessary, modification of the Scope of Work and/or Schedule of Performance as to time of performance) by a writing signed by the City Manager and the Consultant prior to the initial termination or any extended termination date. 3. SCHEDULE FOR PERFORMANCE Performance shall be in accordance with the terms of this Contract and each individual Task Order as issued. CITY OF ELK GROVE Page 16 of 36 4. COMPENSATION A. Pay When Paid Provisions: For private development projects, the Consultant shall not undertake, commence, or continue any work for that project unless the applicant and/or owner has deposited with the City sufficient funds to cover the cost of City and Consultant’s work for that project. For the purposes of this provision, “private development project” is defined as all projects not initiated by the City. In the event the amount of the deposit is insufficient to cover all costs of work for the project, or no deposit balance exists, the Consultant shall immediately cease all work on the project until (1) an additional deposit by the applicant and/or owner is made to the City in an amount sufficient to pay for the necessary work, or (2) Consultant is instructed in writing by the City of Elk Grove’s Development Services Director to proceed with the work despite the insufficient deposit to cover such work. In the event Consultant does not comply with this provision, Consultant shall have exceeded its scope of work under this Contract and shall constitute a material breach of this Contract. As damages for Consultant’s breach of this provision, the Parties agree that City shall deduct from Consultant’s payment under this contract any amount City does not receive from the applicant and/or owner for the work performed by Consultant on the project. City shall have no obligation to take legal action against an applicant and/or owner to collect any unpaid fees owed by that applicant and/or owner, which were incurred as a result of Consultant’s breach. However, in the event City decides to take legal action to collect the unpaid fees, then Consultant shall pay all reasonable attorney’s fees and costs for that legal action, whether or not City is the prevailing party. Consultant shall closely monitor development project deposits. In the event that the deposit is exhausted, Consultant shall cease all work on said development project unless otherwise notified by Development Services Director B. Subject to payment from private development as noted above, City shall pay Consultant on a time and expense basis as described in the Scope of Work and the Not to Exceed amount set forth in each individual Task Order in accordance with the rate schedule set forth on Exhibit “C”, which is attached hereto and incorporated herein by reference. In no event shall Consultant be entitled to compensation for work not included in each Task Order’s Scope of Work, unless a written change order or authorization describing the extra work and payment terms has been executed by City. In no event shall total compensation paid to Consultant under this Contract, including all Task Orders, exceed , without City’s prior written approval. C. If Consultant’s performance is not in conformity with the Scope of Work or Schedule of Performance, payments may be delayed or denied, unless otherwise agreed to by the City in writing. D. If the work is halted at the request of City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 11, Termination. CITY OF ELK GROVE Page 17 of 36 E. All work done relative to billing disputes with customers including the City or Requests for Information shall be considered as included in the Contract and no additional billing shall be made to the City for such services. F. Refunds on Flat Fees: In the event an applicant and/or owner of a private development project elects to withdraw their application and makes a request, determined to be reasonable in the sole discretion of the Development Services Director, for a partial refund of their flat fee as approved by the Development Services Director, the Consultant shall credit the City, on the next billing cycle, an amount equal to the Consultant’s initial fee paid by the City less the expenses incurred by the Consultant, as determined by the Development Services Director, up to the time the application was withdrawn. 5. NOTICES A. Consultant shall transmit invoices and any notices to City, with copy (excepting invoices) to City Attorney, as follows: City of Elk Grove City of Elk Grove Attn: Finance Department Attn: City Attorney’s Office 8401 Laguna Palms Way 8401 Laguna Palms Way Elk Grove, California 95758 Elk Grove, California 95758 B. City shall transmit payments on invoiced amounts and any notices required by this Contract to Consultant as follows: 6. PROFESSIONAL SERVICES Consultant agrees that services shall be performed and completed in the manner and according to the professional standards observed by a competent practitioner of the profession in which Consultant and its subcontractors or agents are engaged. Consultant shall not, either during or after the term of this Contract, make public any reports or articles, or disclose to any third party any information, confidential or otherwise, relative to the work of City or the operations or procedures of City without the prior written consent of City. Consultant further agrees that it shall not, during the term of this Contract, take any action that would affect its impartiality or professionalism due to City whether perceived or actual. CITY OF ELK GROVE Page 18 of 36 7. INDEPENDENT CONTRACTOR A. It is understood and agreed that Consultant (including Consultant's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. B. Consultant's assigned personnel shall not be entitled to any benefits payable to employees of City. C. City is not required to make any deductions or withholdings from the compensation payable to Consultant under the provisions of the Contract and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant's assigned personnel. D. Consultant, in the performance of its obligation hereunder, is only subject to the control or direction of City as to the designation of tasks to be performed and the results to be accomplished. E. Any third-party person(s) employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. F. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract. G. Office Space Lease: If City and Consultant determine it is necessary for one or more staff of Consultant to occupy a City-furnished workspace, then Consultant(s) shall be charged $17,000 per year for each City-furnished workspace. The cost of the lease includes office space, furniture, telephone, City furnished computer and normal/routine office supplies. Consultant shall be responsible for responding to any ergonomic and/or disability accommodation needs of its employees, including, but not limited to, assessing needs and purchasing necessary furnishings and equipment. 8. AUTHORITY OF CONSULTANT Consultant shall possess no authority with respect to any City decision and no right to act on behalf of City in any capacity whatsoever as agent, or to bind City to any obligations whatsoever. 9. CONFLICT OF INTEREST Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Contract. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Contract. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law. CITY OF ELK GROVE Page 19 of 36 10. AMENDMENTS, CHANGES OR MODIFICATIONS Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the Parties hereto and shall be signed by the persons authorized to bind the Parties. 11. TERMINATION A. This Contract may be terminated by City, provided that City gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) o intent to terminate. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 15, Property of City. B. City may temporarily suspend this Contract, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section. C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Contract by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. D. In the event of termination, Consultant shall be compensated as provided for in this Contract, except as provided in Section 11C. 12. FUNDING Consultant agrees and understands that renewal of this Contract in subsequent years is contingent upon action by City Council, consistent with the appropriations limits of Article XIII B of the California Constitution, and that the City Council may determine not to fund this Contract in subsequent years. 13. NOTICE TO PROCEED Prior to commencing work under this Contract, Consultant shall receive a written “Notice to Proceed” from City. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay Consultant for any services prior to issuance of the Notice to Proceed. 14. EXTENSIONS OF TIME Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions must be authorized in advance by City, in writing, and at City’s sole CITY OF ELK GROVE Page 20 of 36 discretion. Such extensions, if authorized, shall be incorporated in written amendments to this Contract or the attached Scope of Work in the manner provided in Section 10. 15. PROPERTY OF CITY A. It is mutually agreed that all materials prepared by Consultant under this Contract shall become the property of City, and Consultant shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Contract must be approved in writing by City. B. Additionally, it is agreed that the Parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City. C. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk. 16. COMPLIANCE WITH LAW Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. 17. REPRESENTATIONS A. Consultant agrees and represents that it is qualified to properly provide the services set forth herein, in a manner which is consistent with the generally accepted standards of Consultant’s profession. B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law. C. Consultant shall designate a project manager who at all times shall represent Consultant before City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of City, is no longer employed CITY OF ELK GROVE Page 21 of 36 by Consultant, or is replaced with the written approval of City, which approval shall not be unreasonably withheld. D. Consultant shall provide corrective services without charge to City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) calendar days of discovery. Should Consultant fail or refuse to perform promptly its obligations, City may render or undertake performance thereof and Consultant shall be liable for any expenses thereby incurred. 18. APPROVAL OF STAFF MEMBERS A. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the services required under this Contract. Consultant shall notify City of any changes in Consultant’s staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 19. ASSIGNMENT AND SUBCONTRACTING: A. Except as expressly authorized herein, Consultant's obligations under this Contract are not assignable or transferable, and Consultant shall not subcontract any work, without the prior written approval of City. However, claims for money due or which become due to Consultant from City under this Contract may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to City. B. Consultant shall be as fully responsible to City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by Consultant. 20. MATERIALS CONFIDENTIAL All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City, or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements. 21. LIABILITY OF CONSULTANT—NEGLIGENCE Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and CITY OF ELK GROVE Page 22 of 36 subcontractors. City shall have no right of control over the manner in which the work is to be done but only as to its outcome and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors. 22. INDEMNITY AND LITIGATION COSTS To the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this Contract on the part of Consultant, except such loss or damage which was caused by the sole negligence, or willful misconduct of City, as determined by a Court of competent jurisdiction. Unless and until such judicial determination is made, or as otherwise agreed by the parties, Contractor shall remain obligated to defend, indemnify, and hold harmless City, its officers, officials, employees, volunteers, and agents pursuant to this Contract. The provisions of this section shall survive termination or suspension of this Contract. In any contract that Consultant enters into with any subcontractor in any capacity related to any and all duties under this Contract, there must be an indemnification provision identical to the one provided in this Section applicable to the subcontractor requiring the subcontractor to assume the defense, indemnify and save harmless City to the same extent as Consultant. Consultant’s failure to include such an indemnification provision in any contract with a subcontractor shall constitute a material breach of this Contract. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, and save harmless City as prescribed under this Section. 23. EVIDENCE OF INSURANCE COVERAGE Prior to commencement of any work under this Contract, Consultant shall provide and maintain in effect during the term of this Contract evidence of insurance coverage as set forth in Exhibit D, attached hereto and incorporated herein by reference. These insurance requirements are summarized as follows: TYPE SINGLE LIMIT / OCCURRENCE AGGREGATE ENDORSEMENTS*** General Liability $1,000,000 $1,000,000 Additional Insured Waiver of Subrogation Primary Non Contrib Auto Liability $1,000,000 Hired, & Non-Owned Additional Insured Work Comp Employer’s Liability Statutory $1,000,000 each Waiver of Subrogation Professional Liability $2,000,000 $2,000,000 Requirements extend 3 years past contract expiration CITY OF ELK GROVE Page 23 of 36 ***Must be actual endorsements. Typed statements on Certificates of Liability are unacceptable. This is a summary only. Please refer to the insurance section and/or exhibit of this contract for specific requirements. Furthermore, Consultant shall certify its compliance with Labor Code Section 3700 in the form attached hereto and incorporated by reference, as Exhibit E. 24. EVIDENCE OF INSURANCE COMPLIANCE Consultant or its insurance broker shall deliver the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage to City. City may designate an insurance certificate processor (“Processor”) to accept and process Consultant’s proof of insurance. Consultant shall deliver copies of the actual insurance policies, renewals, or replacements directly to City or Processor upon their request. 25. SECURITY ACCESS POLICY. Consultant, its employers, agents, and anyone working on their behalf, shall at all times strictly comply with City’s Security Access Policy, a copy of which is attached hereto and incorporated herein by reference as Exhibit F. Consultant’s failure to comply with this Security Access Policy shall constitute a material breach of this Contract. 26. EMPLOYMENT PRACTICES Consultant, by execution of this Contract, certifies that it does not discriminate against any person upon the basis of race, color, creed, national origin, age, sex, disability or marital status in its employment practices. 27. UNAUTHORIZED ALIENS Consultant hereby promises and agrees to comply with all of the provisions of the federal immigration and nationality act (8 U.S.C.A. § 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Contract, and should the federal government impose sanctions against City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City in connection therewith. 28. LICENSES, PERMITS, AND OTHER APPROVALS Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature legally required for Consultant to practice its profession and perform the work described herein. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, obtain and/or keep in effect at all times during the term of this Contract any licenses, permits, and approvals which are legally required for Consultant to practice its profession at the time the services are performed. CITY OF ELK GROVE Page 24 of 36 29. RECORDS AND INSPECTION Consultant shall maintain records, books, documents and other evidence directly pertinent to the performance of work under this Contract in accordance with generally accepted accounting principles and practices. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. 30. MISCELLANEOUS PROVISIONS A. Attorneys’ Fees: In the event an action or proceeding is instituted by either party for the breach or enforcement of any provision of this Contract, the prevailing party shall be entitled to reasonable attorneys’ fees and all litigation expenses, including, but not limited to expert’s fees and disbursements. B. Venue: This Contract shall be deemed to be made in, and the rights and liabilities of the Parties, and the interpretation and construction of the Contract governed by and construed in accordance with the laws of the State of California. Any legal action arising out of this Contract shall be filed in and adjudicated by a court of competent jurisdiction in the County of Sacramento, State of California. C. Enforceability: If any term or provision of this Contract is found to be void, voidable, invalid or unenforceable by a court of competent jurisdiction under the laws of the State of California, any and all of the remaining terms and provisions of this Contract shall remain binding. D. Time: All times stated herein or in any other Contract Documents are of the essence. E. Binding: This Contract shall bind and inure to the heirs, devisees, assignees and successors in interest of Consultant and to the successors in interest of City in the same manner as if such parties had been expressly named herein. F. Survivorship: Any responsibility of Consultant for warranties, insurance, indemnity, record-keeping or compliance with laws with respect to this Contract shall not be invalidated due to the expiration, termination or cancellation of this Contract. G. Construction and Interpretation: Consultant and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. CITY OF ELK GROVE Page 25 of 36 H. Waiver: The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. Severability: The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. J. No Third-Party Beneficiary: It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to City and Consultant. Nothing contained in the agreement shall give or allow any claim or right of action whatsoever by any third party. It is the express intent of City and Consultant that any such person or entity, other than City or Consultant, receiving benefits or services under this agreement shall be deemed as incidental beneficiary. K. Non-Discrimination/Non-Preferential Treatment Statement: In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. L. Authority to Execute: The person or persons executing this Contract on behalf of the Consultant warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Consultant to the performance of its obligations hereunder. M. Dispute Resolution: Prior to either party commencing any legal action under this Contract, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may pursue available legal and equitable remedies against the other. N. Force Majeure: Neither party shall be in default by reason of any failure in the performance of this Contract if such failure arises out of causes beyond its reasonable control. Such causes may include, but are not limited to, acts of God, acts of the public enemy, acts of government in either its sovereign or contractual capacity, acts of the party whose performance is not sought to be excused, fires, flood, weather, epidemics, quarantine restrictions, strikes, freight embargoes, failure of transmission or power supply, mechanical difficulties with equipment which could not have been reasonably forecasted or provided for, or other causes beyond its sole control. The party so affected will resume performance as soon as practicable after the force majeure event terminates. CITY OF ELK GROVE Page 26 of 36 31. ENTIRE AGREEMENT This instrument and any attachments hereto constitute the entire Contract between City and Consultant concerning the subject matter hereof and supersedes any and all prior oral and written communications between the Parties regarding the subject matter hereof. AGREED to this day of , 2023, by the Parties as follows: Approved to as form: CONSULTANT By: By: Attorney for Consultant Consultant Name, Title Approved to as form: CITY OF ELK GROVE By: By: Jonathan P. Hobbs, City Attorney Jason Behrmann, City Manager Attest to: Jason Lindgren, City Clerk Date CITY OF ELK GROVE Page 27 of 36 EXHIBIT A Scope of Work Services provided by Consultant shall be on an On-Call basis as requested by the City in writing over the term of the Contract period. Consultant shall perform a task in any one, or a combination of, services within the Consultant’s area of expertise as listed below and as requested by City in a written Task Order signed by the City Manager. The City has no obligation to request any services under this Contract. A request for services shall be made by City on a project-by-project basis under a Task Order approved by the City specifying a detailed scope of work, schedule, budget and performance measurements. All Task Orders shall be prepared based on the approved schedule of fees stated in this Contract and in accordance with each Task order. On an as needed basis, Consultant shall provide the following on-call services: CITY OF ELK GROVE Page 28 of 36 EXHIBIT B Schedule of Performance Performance shall be in accordance with each individual Task Order as issued. CITY OF ELK GROVE Page 29 of 36 EXHIBIT C Compensation and Method of Payment Under no circumstances will the aggregate amount paid under this Contract exceed the amount specified in Section 4A above and if the Contract is approved by the City Manager, all compensation paid to Consultant each year shall meet the cost limitation set forth in City of Elk Grove Municipal Code Chapter 3.42. CITY OF ELK GROVE Page 30 of 36 EXHIBIT D Insurance Requirements Prior to commencement of any work under this Contract, Consultant shall provide to the City proof of, and maintain in full force and effect at all times during the term of the Contract, at its sole cost and expense, policies of insurance as set forth herein. Consultant shall comply with all reporting and other provisions of the policies of insurance as set forth herein including, but not limited to, timely reporting of claims and suits. Further, should Consultant maintain any programs of self-insurance, Consultant shall comply with the applicable fulfillment of any self- insured retentions. General Liability: a. Comprehensive general liability insurance including, but not limited to, protection for claims of bodily injury, property damage, and personal and advertising injury liability. b. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence). c. Claims-made coverage is not acceptable. d. The limits of liability shall not be less than: Each occurrence: One Million Dollars ($1,000,000) Personal and Advertising Injury: One Million Dollars ($1,000,000) Aggregate: One Million Dollars ($1,000,000) e. The City, its officials, employees, agents and authorized volunteers shall be covered and specifically named as additional insured as respects liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied, or used by the Consultant, or automobiles leased, hired, or borrowed by the Consultant on a separate endorsement acceptable to the City. f. The policy shall contain no special limitations on the scope of coverage afforded to the City, its officials, employees, agents, or authorized volunteers. g. Provision or endorsement stating that for any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officials, employees, agents, and authorized volunteers to the extent the City is an additional insured. Any insurance or self-insurance maintained by the City, its officials, employees, agents, or authorized volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss or judgment. Automobile Liability: CITY OF ELK GROVE Page 31 of 36 h. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of operation, maintenance, or use of any automobiles. i. Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbols 8 and 9 (Hired and Non-Owned). Consultant’s coverage providing symbol 1 (Any Auto) shall be satisfactory. j. The limits of liability per accident shall not be less than: Combined Single Limit One Million Dollars ($1,000,000) k. If general liability coverage, as required above, is provided by the Commercial General Liability form, the automobile liability policy shall include an endorsement providing automobile contractual liability. Worker's Compensation: l. Worker's Compensation Insurance, with coverage as required by the State of California (unless the Consultant is a qualified self-insurer with the State of California), and Employers Liability coverage. The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in Exhibit E. m. Employer’s Liability Coverage shall not be less than the statutory requirements. n. If an injury occurs to any employee of the Consultant for which the employee or his dependents, in the event of his death, may be entitled to compensation from the City under the provisions of the Acts, for which compensation is claimed from the City, there will be retained out of the sums due the Consultant under this Contract, an amount sufficient to cover such compensation as fixed by the Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due to the Consultant. o. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents, and authorized volunteers for losses arising from work performed by the Consultant. Errors and Omissions; Malpractice; Professional Liability: p. Errors and omissions, malpractice, or professional liability insurance sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this Contract. q. The limits of liability shall not be less than: Each occurrence or claim: Two Million Dollars ($2,000,000) Aggregate: Two Million Dollars ($2,000,000) r. Both occurrence and claims-made policies are acceptable. Upon termination of this Contract the same insurance requirements in this section will apply for a three (3) CITY OF ELK GROVE Page 32 of 36 year period following such termination. A “tail” policy may be purchased as an alternative to satisfy this requirement. Acceptability of Insurers: Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any deductibles, aggregate limits, pending claims or lawsuits that may diminish the aggregate limits, or self-insured retention(s), must be declared to, and approved by, the City. The Consultant shall furnish the City with certificates of insurance and original endorsements or insurance binders, signed by a person authorized by the insurer to bind coverage on its behalf, evidencing the coverage required by this Contract. At the written request of the City, Consultant agrees to furnish a duplicate original or certified copy of each required policy including the declaration pages, conditions, provisions, endorsements, and exclusions. The City, due to unforeseen risk or exhaustion, failure, or dilution of Consultant’s insurance coverage, at its discretion, may increase the amounts and types of insurance coverage required hereunder at any time during the term of the contract by giving 30 days written notice. The Consultant shall serve the City notice, in writing by certified mail, within 2 days of any notices received from any insurance carriers providing insurance coverage under this Agreement that concern the suspension, voidance, cancellation, termination, reduction in coverage or limits, non-renewal, or material changes of coverage proposed or otherwise. If the Consultant fails to procure or maintain insurance as required by this section, and any Supplementary Conditions, or fails to furnish the City with proof of such insurance, the City, at its discretion, may procure any or all such insurance. Premiums for such insurance procured by the City shall be deducted and retained from any sums due the Consultant under the contract. Failure of the City to obtain such insurance shall in no way relieve the Consultant from any of its responsibilities under the contract. The making of progress payments to the Consultant shall not be construed as relieving the Consultant or its Sub-Consultants or agents of responsibility for loss or direct physical loss, damage, or destruction occurring prior to final acceptance by the City. The failure of the City to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at any time during the CITY OF ELK GROVE Page 33 of 36 term of the contract. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract. CITY OF ELK GROVE Page 34 of 36 EXHIBIT E Certificate of Compliance With Labor Code § 3700, Release and Indemnification The undersigned, on behalf of and as the duly certified representative of Consultant, certifies as follows: 1. Consultant is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and Consultant has complied or will comply with such provisions before commencing the performance of the work of this contract. 2. Should Consultant fail to secure Workers’ Compensation coverage as required by the State of California, Consultant shall release, hold harmless, defend and indemnify the City of Elk Grove from and against any damage, liability, claim, cause of action and any other loss, including without limitation, court costs, reasonable attorney’s fees and costs resulting from any failure to take and/or maintain Workers’ Compensation insurance as required by law. The provisions of this Exhibit shall survive termination, suspension and/or completion of this Contract. It is further understood and agreed that this release and assumption of risk is to be binding on Consultant’s successors, heirs and assigns. CONSULTANT By: Date: Name: Title: CITY OF ELK GROVE Page 35 of 36 EXHIBIT F: SECURITY ACCESS POLICY Consultant and all their employees or subcontractors who shall undertake work to be performed under this Contract shall be required to complete a security and criminal history check. The Elk Grove Police Department (“EGPD”) will conduct two “Live Scan” fingerprint checks, free of charge, on a Consultant that will access City Facilities. “Live Scan” is a system that completes a criminal history inquiry by checking local, state and national databases. The EGPD will be provided with a list of any arrests and convictions that have been made. From that date forward the EGPD will be notified of any subsequent arrests. Any individual with a felony arrest cannot be granted unescorted access to City Facilities; other arrest history shall be evaluated. Security privileges associated with the access to City Facilities is dependent upon which area(s) of the building Consultant requires access to relative to the type of work or service being completed. An access card will be issued and this card will allow unescorted access. In addition to the completing the Live Scan criminal history check, Consultant shall be required to agree to the following: a) Consultant agrees to assign a primary employee(s) to complete job tasks at City Facilities whenever possible. b) Consultant and their employees and/or subcontractors agree to wear the assigned visitor lanyard attached to access card whenever on the premise. c) Consultant agrees that access card shall not be used as a form of identification or for any purpose other than access into City Facilities. d) Employees may be Live Scanned at the expense of Consultant at the rate charged to the EGPD. The current rate is $54.00 but is subject to change. e) Consultant agrees to monitor Access Key Card(s) issued to them and only allow those employees that have been Live Scanned to have access to the card. f) Consultant agrees to notify the City within 24 hours of when an employee has severed employment. Consultant shall retrieve the key card from that employee’s possession and return it to the City within 48 hours. g) Consultant shall follow the directions provided by City staff while on the premises. h) Consultant agrees that employees shall be instructed to access only the areas necessary for the service provided, and to leave the premise immediately upon completion of duties. i) Consultant agrees access cards are the property of the City of Elk Grove and must immediately surrendered upon request by a City of Elk Grove Employee. j) Consultant agrees to reassign any employee that becomes involved in any criminal activity and retrieve the access card should the department be notified of criminal activity. k) Access to City Facilities will occur Monday through Friday, 8:00 a.m. - 5:00 p.m. except for City holidays. Consultant shall contact the EGPD Analyst within 10 days of receiving notification of Contract award to set an appointment for Live Scan testing. Test results are typically returned in 3-5 business days. Consultant and their employees shall be required to bring photo identification. A photograph for the access card will be taken. Consultant will be contacted when to pick up access cards. CITY OF ELK GROVE Page 36 of 36 Until the process outlined has been completed, Consultant and their employees shall not be allowed to begin work at City Facilities and payment for service may be delayed until Consultant has fully complied with this procedure.

8401 Laguna Palms Way, Elk Grove, CA 95758Location

Address: 8401 Laguna Palms Way, Elk Grove, CA 95758

Country : United StatesState : California

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