REQUEST FOR PROPOSALS (RFP) #2265 St. Mary/St. Mina s Coptic Orthodox Church Environmental Impact Report

Transcription

1 REQUEST FOR PROPOSALS (RFP) #2265 St. Mary/St. Mina s Coptic Orthodox Church Environmental Impact Report Image courtesy of LCA RFP Issued July 2, 2013 Questions Due July 9, 4:00 PM [Addendum (if applicable) will be issued & posted on July 11, 2013] Proposal Due Date July 30, 2:00 PM Submittals To: Finance-Purchasing Department City of Concord Civic Center 1950 Parkside Drive, MS/07 Concord, CA Contact person for the above RFP: Debbie Wellnitz purchasing@cityofconcord.org / (925)

2 REQUEST FOR PROPOSALS (RFP) # 2265 St. Mary/St. Mina s Coptic Orthodox Church Environmental Impact Report TABLE OF CONTENTS I. STATEMENT OF WORK... 4 A. Intent/Introduction B. Background and Site Features C. Related Project Information D. Project Description... 6 E. General Scope of Work F. Minimum Requirements II. INSTRUCTIONS TO PROPOSERS... 9 A. Reservations of Rights B. Schedule of Events C. Pre-Proposal Conference D. Examination of Requirements E. Questions, Interpretations, or Corrections of Proposal Document F. Prices, Notations, and Mistakes G. Agency Compliance/License H. Modifications and Withdrawal I. California Public Records Act, Confidential/Proprietary Information J. Term of Contract K. Term of the Offer L. Award Evaluation Criteria Local Vendor Preference Selection Process Notice of Award III. PROPOSAL SUBMITTAL REQUIREMENTS A. Submittal Deadline B. Proposal Submittal Contents Submittal Requirements Total Cost Proposal Technical Proposal IV. EXHIBITS. 18 (See Following Page)

3 EXHIBITS PROPOSAL SUBMISSION REQUIREMENTS TABLE Exhibit A-1 Exhibit A-2 Exhibit B Exhibit C Total Cost Proposal Form Attachment A Attachment B (3 pgs) Technical Proposal Form (7 pgs) Exceptions to Specifications/Requirements (1 pg) Local Vendor Preference (1 pg) Exhibit D Sample Contract (9 pgs) Page Must be submitted with Proposal* (if applicable) (if applicable) *Items not submitted as instructed in this RFP may result in lower scores. 3

4 REQUEST FOR PROPOSAL (RFP) #2265 St. Mary/St. Mina s Coptic Orthodox Church Environmental Impact Report I. STATEMENT OF WORK A. Introduction: St. Mary/St. Mina s Coptic Orthodox Church desires to develop a church facility on vacant land in Concord, California, all as further described below. The City of Concord ( City ) is requesting proposals for the preparation of an Environmental Impact Report ( EIR ) that meets the mandates of the California Environmental Quality Act of 1970, Public Resources Code 21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations as amended (collectively, CEQA ),, and any other relevant local plans, regulations or procedures for the proposed St. Mary/St. Mina s Coptic Orthodox Church project. The EIR shall provide an assessment of the potential significant environmental effects of implementing the different program objectives as described in the Project Description. Proposers should have extensive experience with environmental review of high profile religious institution infill developments, as well as a strong history of working with the various regulatory agencies, such as the U. S. Bureau of Reclamation, U. S. Army Corps of Engineers, the California Department of Fish and Wildlife, Regional Water Quality Control Board, Contra Costa Water District Watershed and Lands Department, the Contra Costa County Fire Protection District, and East Bay Regional Park District ( EBRPD ). B. Background and Site Features The project site is located in Concord, California, at 930 San Miguel Road (APN ), in the City s southwest quadrant. The site is located approximately one-half mile from Treat Boulevard directly north of the Lime Ridge Open Space. The property is designated on the City s General Plan map as RR (Rural Residential) and zoned RR20 (Single-Family Residential, 20,000-sq.ft. minimum lot size). The 3.39-acre parcel (excluding the.33-acre access easement) is currently vacant grassland with numerous non-native trees located in the northern half of the property. The site slopes in a northwest to southeast direction, with elevations ranging from 101± feet at the northwest corner of the property near the site entrance, to 158± feet at the southeast corner of the property. The southern half of the site is characterized as non-native grassland. Horticultural and native trees characterize the northern half of the site, in addition to a small seasonal and emergent wetland. The wetland drains into a culvert near the northwest corner of the site and empties into a small channel along the main access roadway to San Miguel Road. The project site is located in a neighborhood of single-family houses. Directly north of the project site are a horticulture business and two single-family houses; directly east and above the property are single-family residences; and south of the property is the Lime Ridge Open Space. The Contra Costa Canal and the EBRPD Canal Trail border the westerly property boundary. Two single-family houses front along the 340-foot easement located between San Miguel Road and the Contra Costa Canal. 4

5 PROJECT SITE Site Map Access to the site would be located approximately 240 feet south of the Lane Drive/Lanway Court intersection. The Applicant has indicated that it has an easement over an existing driveway/access road and bridge over the Contra Costa Canal ( Canal Bridge ) and East Bay Regional Park District (EBRPD) Canal Trail. The access easement extends approximately 340 feet east from San Miguel Road to the project site, and serves two other properties located northwest of the project site. As part of the environmental review process, an Initial Study was prepared to identify the range of potentially significant environmental impacts. It was determined that with sufficient mitigation measures incorporated into the project, its potential environmental impacts could be reduced to a less than significant level. As a result, the City determined the project could potentially qualify for a MND under CEQA. The City received 102 written comments opposing the project or expressing environmental concerns during the 30-day public comment period. Based on the written responses received, the City determined that a fair argument could be made that the project may have a significant effect on the environment and that an EIR shall be prepared. 5

6 C. Related Project Information The following are important items of information related to the project: The City will be administering this contract and will be the CEQA lead agency. City staff will monitor and assess progress of the work product produced by the proposer during regularly scheduled team meetings. The proposer will be expected to produce a timeline under which the work product is to be delivered on time and on budget. All final approvals for the environmental documents and work products generated by the selected proposer will be made by the City. The following background material is available for use by proposers who have determined that they will submit a proposal in response to this RFP: Concord General Plan Concord Development Code Initial Study Mitigated Negative Declaration and Public Comments D. Project Description The project being evaluated by this EIR is the development of a church facility on the project site. The applicant is requesting the following approvals from the City: Hillside Development Plan, Use Permit, Variance, Design Review, and Protected Tree Removal for developing a portion of the project site for a sanctuary, classroom building, multi-use building, and a chapel to serve members of the St. Mary/St. Mina s Coptic Orthodox Church. The structures would be built on the flatter portions of the property and set back approximately 110 to 170 feet from the westerly property line. The parking area and landscaping would be located between the structures and the westerly property line. The remaining one-quarter of the property would be left as open space. The sanctuary would contain 13,020 square feet, the classroom building 2,840 square feet; the multi-use building 6,280 square feet, and the chapel 1,140 square feet. All structures would be one story. The proposed maximum height of the sanctuary at the dome is 42 feet. The structure s proposed roof ridge height is 30 feet. The proposed height of the multi-use building is 30 feet and the proposed classroom building height is 17 feet. The proposed chapel height to the top of the cross is 33 feet 11 inches. The Canal Bridge would be improved to accommodate the increased traffic as well as heavy construction equipment and emergency vehicles. Plans indicate that the existing wooden 6

7 planks would be replaced with a steel pan deck and asphalt surface. The bridge would accommodate two-way traffic. Improvements to the Canal Bridge would require an encroachment permit from the Contra Costa Water District s Watershed and Lands Department and a license from the U.S. Bureau of Reclamation. E. General Scope of Work City staff has determined that, at a minimum, the environmental impacts outlined below should be evaluated. Additional impacts may be identified as part of the EIR preparation process. Biology Traffic Light trespass Noise Scope of required modifications to or reconstruction of the Canal Bridge, emergency access, and uninterrupted access during Canal Bridge work, and any related environmental effects. Fire District requirement to construct a pump station and generator to serve water suppression needs during an emergency. The scope and location of this facility must also be studied to evaluate environmental effects including potential visual and noise impacts. Permitting process and timeline to secure permits for construction if the project is approved, including from the U.S. Army Corp of Engineers, the Regional Water Quality Control Board, the California Department of Fish and Wildlife, the Contra Costa Water District, the Bureau of Reclamation, EBRPD, and the Contra Costa County Fire Protection District. Alternatives Analysis. A minimum of three alternatives, with at least one No Project alternative, one alternative location, and one lower level intensity/density development. Determination as to whether Statement of Overriding Considerations (e.g. traffic and/or noise) is necessary and preparation of same. The Proposer will be responsible for the following: Required Tasks Project Initiation/Data Collection and Review all relevant documents 7

8 Prepare a detailed project description in coordination with the City and applicant Prepare the Notice of Preparation (NOP) Conduct two scoping meetings (one for general public and one for technical agencies) Prepare technical studies Prepare first Administrative Draft EIR Prepare second Administrative Draft EIR Prepare Draft EIR and Notices Prepare Administrative Final EIR, including Response to Comments, revised text and/or Addenda, a Mitigation Monitoring and Reporting Plan (MMRP), Findings of Fact, Statement of Overriding Considerations (if necessary), figures and attachments Prepare Final EIR, including Response to Comments, revised text and/or Addenda, MMRP, Findings of Fact, Statement of Overriding Considerations (if necessary), figures and attachments Provide all work products in both hard copy and digital format, including all maps, figures, and graphs, as indicated in Section 1 (Deliverables and Schedule) of Exhibit A-2 Proposal Submittal Form-Technical Project Coordination and Meetings. This includes coordination with sub-consultants (if any), City staff, the Applicant, agencies and others; and attendance at regular team meetings, public meetings, stakeholder meetings and public hearings. Optional Tasks. City anticipates that the proposer would be integral to coordinating with and facilitating meeting with the USBR, U.S. Army Corps of Engineers, the California Department of Fish and Wildlife, Regional Water Quality Control Board, Contra Costa Water District Watershed and Lands Department, the Contra Costa County Fire Protection District, and the East Bay Regional Parks District as part of the permitting phase of this project. This work should be indicated as an optional task within the proposer s proposal. This section would also cover issues that could arise which would require additional services that were not initially considered as part of the initial Scope of Work. Reimbursables. Proposer should define and price all reimbursable expenses, including: reasonable and necessary costs of printing, printing supplies, blue prints, travel (vehicle mileage, only), postage, delivery services, telecommunications, photography, computer usage, fax, and all other reasonable and necessary costs and expenses incurred in 8

9 completing such services. Allowable reimbursable expenses shall not include: air travel, lodging and meals. F. Minimum Requirements: 1. Proposer shall be regularly and continuously engaged in the business of providing the services provided in this RFP for at least five (5) years. 2. Proposer shall be a certified manufacturer or dealer for the services specified under this RFP (if applicable). 3. Proposer shall possess all permits, licenses and professional credentials necessary to supply product and perform services as specified under this RFP. II. INSTRUCTIONS TO PROPOSER A. Reservation of Rights: To the fullest extent permitted by law, the City reserves the right to award any combination of services, reject any or all proposals, and/or waive informalities, minor irregularities, inconsequential deviations, and minor variations from specifications in proposals received. The City may accept any item or group of items of any proposal, which will produce the most satisfactory results suited to the City's requirements. An Evaluation Committee comprised of City staff or such other persons as City may select in its sole discretion shall determine which proposer has submitted the proposal that best serves the overall interests of the City and attains the highest overall evaluation score. If no responsive proposals are received, the services performed or the supplies or equipment furnished may be obtained without further competitive bidding. B. Schedule of Events: The following schedule details key dates and times related to this RFP. City reserves the right to revise this schedule. RFP Timeline: Date Time Activity July 2, :00 PM RFP Issued July 9, :00 PM Deadline for RFP Questions July 11, :00 PM Addendum Issued & Posted on Website (Responses to Questions), if applicable 9

10 Date Time Activity July 30, :00 PM Proposal Due Submittals To: Finance-Purchasing Department City of Concord Civic Center 1950 Parkside Drive, MS/07 Concord, CA Contract Timeline after Selected Vendor: Date Time Activity TBD TBD Short list selected and vendors notified TBD To be scheduled TBD TBD Contract Negotiation TBD TBD Select Proposer TBD TBD Council Award Date TBD TBD Award of Bid TBD TBD Award of Contract TBD=To Be Determined Oral Presentation and Demonstrations-To be scheduled with the short list vendors C. Pre-Proposal Conference: The pre-proposal conference will be optional. Please refer to the above table for location and time of the conference. D. Examination of Requirements: Before submitting a proposal, each proposer shall be held responsible for having examined this RFP, being familiar with Applicable Laws (defined in Section G, and being fully informed of the physical Site conditions (including underground conditions). Failure to do so will be at the proposer s own risk and relief on a plea of error cannot be secured. This may be cause for the annulment of the award. E. Questions, Interpretations, or Corrections of Proposal Document: Questions regarding this RFP must be submitted in writing, either by , mail or fax, and addressed to the City s purchasing agent ( Purchasing Agent ) with the referenced RFP number clearly stated in the subject area. address: purchasing@cityofconcord.org (preferable method), mailing address: Finance-Purchasing Department, 1950 Parkside Drive, MS/07, Concord, CA or fax number: (925) Questions shall arrive in the Purchase Office no later than 4:00 p.m. Pacific Time, July 9, Proposer shall 10

11 promptly notify the Purchasing Agent in the same manner of any error, omission, or inconsistency that may be discovered during the examination of the RFP. Any questions or comments directed to persons or addresses other than specified in the preceding sentence, or received after the deadline specified in the preceding sentence, will not be addressed. Proposer s company name, address, phone number, address, fax number, contact person, and reference to this RFP must be included with the questions or comments. Questions or comments received and the City s response shall be posted on the City s website on or about July 11, All clarifications, corrections, or changes to this RFP will be made by a formal written addendum or addenda to the RFP issued by the City ( Addendum or Addenda ) only. Each Addendum (if any) shall automatically become part of this RFP and thus part of the Contract Documents. Contract Documents means, collectively, this RFP, the chosen proposer s written proposal (as modified by any written best and final offer accepted by the City), the final contract executed between the City and the chosen proposer, and any amendments executed in writing by the City and the chosen proposer. Proposer shall not rely upon interpretations, corrections, or changes made in any other manner, (e.g. whether by telephone, in person, or any type of writing) other than an Addendum. Interpretations, corrections, and changes shall not be binding unless made by Addendum. All Addenda issued will be posted on the City s website at Notifications may (but are not required to) be sent to all known proposers by ; however it is the proposer s sole responsibility to ascertain that it has received all Addenda issued for this RFP. Please note that the City does not use any bidding service nor is responsible for ensuring that proposer s have updated, accurate information. It is the proposer s responsibility to be informed of any changes, revisions or updates by contacting the Purchasing Agent or by going to City s website at If wholly electronically available, RFP documents and any Addenda are posted on the City s website. Note: The City s Finance-Purchasing Department telephone number is (925) , and office hours are 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. Pacific Time, Monday through Friday, excluding City holidays. Holidays for the City can be found at F. Prices, Notations, and Mistakes: No charge shall be allowed for the preparation of a response to this RFP or negotiation or drafting of any other Contract Documents. All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or printed adjacent and initialed in ink by the person who signs the proposal. Prices shall be stated in units and bids made separately on each item as provided in Proposal Submittal Form Cost. Prices quoted shall be F.O.B. In case of conflict, unit prices will govern. Where there is a conflict between words and figures, words will govern. The total amount of the submittal will be the sum of 11

12 the total prices of all items in the submittal schedule. The total price of the unit price items will be the product of the unit price and the estimated quantity of the item. In case of discrepancy between the unit price and total price of an item, the unit price shall prevail. If the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the amount set forth as the total price by the estimated quantity of the item. G. Agency Compliance/License: Proposer shall comply with all applicable Federal, State of California, and local laws, rules, and regulations (including labor laws, and the Concord Municipal Code) and shall obtain all applicable licenses and permits for the conduct of its business and the performance of the services, and any provision of equipment and material ( Applicable Law ). All transactions related to any of the Contract Documents shall be governed by the laws of the State of California, and trial of any action brought in connection with the RFP or the Contract Documents shall be held exclusively in a state court in the County of Contra Costa, California. H. Modifications and Withdrawal: Submittals may not be modified after proposal due date. Proposers may withdraw proposals at any time before the proposal opening, provided that a request in writing, executed by the proposer or its duly-authorized representative for the withdrawal of such proposal, is file with the City prior to the time fixed for the opening of proposals. The withdrawal of a proposal shall not prejudice the right of a proposer to file a new proposal. I. California Public Records Act, Confidential/Proprietary Information. All documents submitted in response to this RFP will become the property of the City, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public. Any confidential or propriety information as defined by the California Public Records Act ( Confidential Information ) must be enclosed in a separate folder or envelope clearly marked as CONFIDENTIAL/PROPRIETARY INFORMATION and submitted with the rest of the proposal. Proposal submittals where all information is so marked will be disregarded and made available pursuant to the CPRA. However, proposer (by virtue of submitting its proposal or any Confidential Information) acknowledges that City has not made any representations or warranties that Confidential Information is exempt from disclosure under Applicable Laws. If City s City Attorney, in his or her discretion, determines that release of Confidential Information is required by Applicable Laws, including pursuant to order of a court of competent jurisdiction, City shall notify the applicable proposer of City's intent to release Confidential Information. Proposer shall have five (5) calendar days after the date of City's notice ( Objection Period ) to deliver to City a written objection notice which includes (1) justification for non-disclosure of all or any portion of the requested Confidential Information, and (2) legally binding confirmation of proposer s indemnity and release obligations as set forth in this section ( Objection Notice ). City may release the 12

13 Confidential Information if (i) City does not timely receive an Objection Notice, (ii) a final and non-appealable order by a court of competent jurisdiction requires City to release Confidential Information, or (iii) the City s City Attorney, in his or her discretion, upon review of the Objection Notice, determines that it does not satisfy the requirements set forth in this section or that the requested Confidential Information is not exempt from disclosure under the Applicable Laws. If the City Attorney, in his or her discretion, determines that only a portion of the requested Confidential Information is exempt from disclosure under the Applicable Laws, City may redact, delete, or otherwise segregate the Confidential Information that will not be released from the portion to be released, and may key by footnote or other reference to the appropriate justification for not disclosing the unreleased Confidential Information. Proposer shall defend, indemnify and hold harmless City and its officers, officials, employees, volunteers, agents, attorneys, and representatives (collectively, Indemnitees ) from and against any and all Claims arising out of or in any way connected with disclosure or non-disclosure of any Confidential Information. Claim or Claims means any and all present and future liabilities, claims, demands, obligations, grievances, judgments, orders, injunctions, causes of action, assessments, losses, costs, damages, fines, penalties, expenses, suits or actions of every name, kind, description and nature (including attorneys fees and costs), whether brought forth on account of damages, injuries to or death of any person or damage to property, known or unknown, and whether now existing or hereafter arising, including all costs, attorney s fees, expenses and liabilities incurred in the defense of any of the foregoing or any action or proceeding brought thereon. Proposer hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with any Confidential Information. Proposer is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. As such relates to this Section, proposer hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code. J. Term of Contract: The City intends to award a 1-year contract. (with options to renew). 1. The City has and reserves the right to suspend, terminate, or abandon the execution of any work by the selected proposer without cause at any time upon giving to the selected proposer prior written notice. In the event that the City should abandon, terminate or suspend the selected proposer s work, the selected proposer shall be entitled to payment for services satisfactorily provided hereunder prior to the effective date of said suspension, termination or abandonment. The City may terminate the contract at any time without written notice upon a material breach of contract and substandard or unsatisfactory performance by the selected proposer. In the event of termination with cause, the City reserves the right to seek any and all 13

14 damages from the selected proposer. In the event of such termination with or without cause, the City reserves the right to invite the next highest ranked proposer to enter into a contract or re-bid the project if it is determined to be in its best interest to do so. 2. The City may, at its sole option, terminate any contract that may be awarded as a result of this RFP at the end of any City fiscal year (i.e. each July 1 st through each June 30 th ), for reason of non-appropriation of funds. In such event, the City will give the selected proposer adequate notice that such function will not be funded for the next fiscal period. 3. By mutual agreement, any contract which may be awarded pursuant to this RFP, may be extended for up to two (2) additional six (6) month terms at agreed prices with all other terms and conditions remaining the same. K. Terms of the Offer: City s acceptance of proposer s offer shall be limited to the Contract Documents, unless expressly agreed in writing by the City. A sample copy of the City s standard Agreement for Professional Services is attached as Exhibit D-Sample Contract. Each proposer must identify on Exhibit B-Exceptions to Specifications/Requirements any and all proposed changes or exceptions to any aspect of this RFP, including the scope of work, specifications, and/or the terms and conditions of Exhibit D-Sample Contract. A proposer s failure to note proposed changes or exceptions shall mean that the proposer agrees to perform in the manner described and/or specified in this RFP and execute a contract substantially similar (in City s determination) to Exhibit D-Sample Contract. Proposals that are submitted with proposed changes or exceptions may be rejected. L. Award: Any award shall be made in accordance with Applicable Laws. 1. Evaluation Criteria: The City of Concord will evaluate the proposals based on but not limited to the following criteria: Evaluation Criteria A. Technical Approach Understanding of the project objectives and scope of work. Proposer's approach to accomplishing the scope of work. Identification of deliverables and schedule. Discussion of alternatives, potential problems, and critical path activities. 14

15 B. C. D. Note Management, personnel and experience Qualifications of each participant and overall "skill mix" for the proposer. Experience and performance on projects of a similar nature. Information obtained by contacting references listed by the proposer. Experience with local government and/or public agencies. Innovative ideas and processes. Proposer's methods and procedures to be used Proposer's general approach to evaluating the issues. Complete description of the procedures and analytical methods to be utilized such as the overall EIR methodology. Presentation, organization, and budget & schedule adherence. Team accessibility and sub-consultants Accessibility of project team and staff. Qualification and utilization of sub-consultants. Cost estimates may be evaluated based on how the professionals and nonprofessionals are used for the appropriate tasks in the proposal, the quality of product to be delivered for the total fee, and if the cost estimates are reasonable for the work product proposed. Each submittal must contain detailed descriptive and technical information addressing whether and how each criterion is met or exceeded. 2. Local Vendor Preference: Please refer to Exhibit C-Local Contractor Preference For the Purchase of Supplies, Services, and Equipment. For costs equal to or less than $100,000, all proposers are directed to City of Concord Policy and Procedure 142 (Local Contractor Preference for the Purchase of Supplies, Service and Equipment), a copy of which is attached to this RFP and incorporated by reference. 3. Selection Process: The Evaluation Committee will evaluate proposals in accordance with Evaluation Criteria. a. The Evaluation Committee will recommend award to the proposer who, in its opinion, has submitted the proposal that best serves the overall interests of the City and attains the highest overall evaluation score. Award may not necessarily be made to the proposer with the lowest price. b. City Council approval is required before any award can be made. 15

16 c. Final contract terms and conditions will be negotiated with the selected proposer. The final contract will include but is not limited to all of the terms and conditions of this RFP and in Exhibit D-Sample Contract Final contract award is contingent upon successful contract negotiations as determined by City staff and the City Attorney. 4. Notice of Award: Upon written notification of award, the selected proposer must provide insurance certificates, business license, any other requirements described in this RFP, and three copies of the duly signed contract within ten (10) business days. Failure to provide the required documents within the time allowed may result in withdrawal of the award. The contact information once awarded will be: City of Concord, Community Development Department Attn: G. Ryan Lenhardt, Senior Planner 1950 Parkside Drive, MS/53 Concord CA III. PROPOSAL SUBMITTAL REQUIREMENTS A. Submittal Deadline: Proposal submittals will be received until Tuesday, July 30, 2013, 2:00 P.M. Pacific Time as determined by Telephone, telegraphic, electronic, faxed, or late proposals will not be accepted and will be returned to the proposer unopened. It is the proposer s responsibility to see that their proposals are sent in sufficient time to be received by the Finance-Purchasing Office before the submittal deadline. proposer assumes the burden of delivery. A list of proposers will be posted on the City s website ( within a reasonable time after the due date. B. Proposal Submittal Contents: Proposal submittal should be in the following order as applicable. 1. Submittal Requirements Submittals must include one (1) original, 9 complete copies, and one (1) electronic copy or in PDF format. Each paper copy must be clearly labeled as copy. All documents contained in the original proposal submittal must have original signatures and must be signed by a person who is authorized to bind the proposer. All additional sets may contain photocopies of the original package. The proposer shall submit in two (2) separate sealed envelopes with the number of original and copies stated above in each envelope marked to indicate the RFP# 16

17 and Type of Proposal as follows: For Total Cost Proposal: RESPONSE TO RFP #2265 TOTAL COST PROPOSAL For Technical Proposal: RESPONSE TO RFP #2265 TECHNICAL PROPOSAL Proposers should send the completed proposal consisting of the two separate envelopes to the following address: City of Concord, Civic Center Attn: Finance-Purchasing Department 1950 Parkside Drive, MS/07 Concord, CA RE: RFP# Total Cost Proposal a. Total Cost Proposal Form (see Exhibit A-1) - Including any Cost Breakdown as specified. The first page should be the 1 st page of the Proposal Submittal Form in Exhibit B-1 with the Total Cost information. 3. Technical Proposal a. Technical Requirements (see Exhibit A-2) - Including Other Requirements There should be NO dollar units or total costs included in the Technical Proposal. b. Exceptions to Specifications/Requirements: Mark X by the applicable terms. No exceptions or alternative products are permitted. Proposer must submit Exhibit B Exceptions to Specifications/Requirements with their proposal. c. Business License: The selected proposer will be required to obtain a City business license and keep it current during the period of performance on the contract resulting from this RFP. Questions regarding City business licenses may be addressed to Mike Snow, City of Concord Finance Department, (925) In order to apply the 5% Local Vendor Preference (for projects equal to or less than $100K) described in Exhibit C-Local Vendor Preference, you must provide a current Concord Business License with your proposal.) d. Indemnification and Insurance: See Section 10 (Indemnification) and Section 11 (Insurance) of Exhibit D-Sample Contract, which sections are incorporated herein by reference. 17

18 IV. EXHIBITS ATTACHMENTS Exhibit A-1 Exhibit A-2 Exhibit B Total Cost Proposal Form Technical Proposal Form Exceptions to Specifications/Requirements Exhibit C Local Vendor Preference Exhibit D Sample Contract 18

19 EXHIBIT A-1 (Page 1 of 3) TOTAL COST PROPOSAL FORM RFP #2265 TO THE CITY OF CONCORD: In compliance with the notice inviting sealed proposals, the undersigned hereby proposes to furnish all necessary tools and equipment, materials, labor, and supervision (including cost of Workers Compensation Insurance and all payroll taxes on such labor) to complete services above, in accordance with the Specifications and City of Concord General and Work Conditions therefor, and further agrees to enter into a Contract therefor, at the prices listed in the accompanying proposal. Prices are F.O.B. Destination, California. 1. TOTAL COST PROPOSAL: Please indicate the total cost here and attach any cost breakdown and applicable, required documents to follow. TOTAL COST: $ (inclusive of all cost breakdowns-attachment A & B to follow) (written amount) This bid will be awarded based upon the total bid amount as written in words. Where there is a discrepancy between words and figures, WORDS WILL GOVERN. The undersigned further agrees that all information provided in the bid submittal including this exhibit is true and correct. Also, in case of default in executing and returning the required Contract/paperwork within ten (10) business days after having received the Contract, the cash or proceeds of the check or bid bond accompanying this Proposal (if applicable) shall become the property of the City of Concord and the award may be withdrawn. Submitted by: PROPOSER/COMPANY NAME: ADDRESS (Not a P.O. Box): CITY: PHONE NO.: STATE, ZIP CODE: FAX NO.: ADDRESS: YOUR NAME & TITLE: YOUR SIGNATURE: DATE: PROJECT MANAGER for this RFP if selected (if different from above): YOUR NAME & TITLE: ADDRESS (Not a P.O. Box): PHONE NO.: FAX NO.: ADDRESS: 19

20 Attachment A Task Hour Breakdown Table EXHIBIT A-1 (Page 2 of 3) TOTAL COST PROPOSAL ATTACHMENT A Tasks Sub-Tasks (opt.) Person(s) Responsible Hours Total Hours Project Initiation/Data Collection and Review all relevant documents Prepare a detailed project description in coordination with the City and applicant Prepare the Notice of Preparation (NOP) Conduct two scoping meetings (one for general public and one for technical agencies) Prepare technical studies Prepare first Administrative Draft EIR Prepare second Administrative Draft EIR Prepare Draft EIR and Notices Prepare Administrative Final EIR, including Response to Comments, revised text and/or Addenda, a Mitigation Monitoring and Reporting Plan (MMRP), Findings of Fact, Statement of Overriding Considerations, figures and attachments Prepare Final EIR, including Response to Comments, revised text and/or Addenda, MMRP, Findings of Fact, Statement of Overriding Considerations (if necessary), figures and attachments Project Coordination and Meetings. This includes coordination with subconsultants (if any), City staff, the Applicant, agencies and others; and attendance at regular team meetings, public meetings, stakeholder meetings and public hearings. Optional Tasks. At this time, the City and applicant are anticipating that with the extensive outside agency oversight involved with this project, that the EIR consultant would be integral to coordinating with and facilitating meeting with the U. S. Bureau of Reclamation, U.S. Army Corps of Engineers, the California Department of Fish and Wildlife, Regional Water Quality Control Board, Contra Costa Water District Watershed and Lands Department, the Contra Costa County Fire Protection District, and East Bay Regional Park District as part of the permitting phase of this project. This work should be indicated as an optional task within the consultant s proposal. This section would also cover issues that could arise which would require additional Consultant services that were not initially considered as part of the initial Scope of Work. Reimbursables. Consultant should define and price all reimbursable expenses, including: reasonable and necessary costs of printing, printing supplies, blue prints, travel (vehicle mileage, only), postage, delivery services, telecommunications, photography, computer usage, fax, and all other reasonable and necessary costs and expenses incurred in completing such services. Allowable reimbursable expenses shall not include: air travel, lodging and meals. 20

21 Attachment B Project Costs Table EXHIBIT A-1 (Page 3 of 3) TOTAL COST PROPOSAL ATTACHMENT B Project Costs Person(s) Responsible Hours Base labor rate Total Cost Project Initiation/Data Collection and Review all relevant documents Prepare a detailed project description in coordination with the City and applicant Prepare the Notice of Preparation (NOP) Conduct two scoping meetings (one for general public and one for technical agencies) Prepare technical studies Prepare first Administrative Draft EIR Prepare second Administrative Draft EIR Prepare Draft EIR and Notices Prepare Administrative Final EIR, including Response to Comments, revised text and/or Addenda, a Mitigation Monitoring and Reporting Plan (MMRP), Findings of Fact, Statement of Overriding Considerations, figures and attachments Prepare Final EIR, including Response to Comments, revised text and/or Addenda, MMRP, Findings of Fact, Statement of Overriding Considerations (if necessary), figures and attachments Project Coordination and Meetings. This includes coordination with subconsultants (if any), City staff, the Applicant, agencies and others; and attendance at regular team meetings, public meetings, stakeholder meetings and public hearings. Optional Tasks. At this time, the City and applicant are anticipating that with the extensive outside agency oversight involved with this project, that the EIR consultant would be integral to coordinating with and facilitating meeting with the U. S. Bureau of Reclamation, U.S. Army Corps of Engineers, the California Department of Fish and Wildlife, Regional Water Quality Control Board, Contra Costa Water District Watershed and Lands Department, the Contra Costa County Fire Protection District, and East Bay Regional Park District as part of the permitting phase of this project. This work should be indicated as an optional task within the consultant s proposal. This section would also cover issues that could arise which would require additional Consultant services that were not initially considered as part of the initial Scope of Work. Reimbursables. Consultant should define and price all reimbursable expenses, including: reasonable and necessary costs of printing, printing supplies, blue prints, travel (vehicle mileage, only), postage, delivery services, telecommunications, photography, computer usage, fax, and all other reasonable and necessary costs and expenses incurred in completing such services. Allowable reimbursable expenses shall not include: air travel, lodging and meals. SUBTOTAL LABOR Contract Administration (filing, invoicing, etc.) SUBTOTAL EXPENSES TOTAL NOT-TO-EXCEED COST Overhead rate Profit percentage Itemized list for direct costs 21

22 EXHIBIT A-2 (Page 1 of 7) TECHNICAL PROPOSAL FORM 1. TECHNICAL PROPOSAL TECHNICAL REQUIREMENTS All proposals submitted will be reviewed and evaluated by a committee of City staff. The top proposers will be invited to present their proposals to the Evaluation Committee. Based upon the proposals submitted and the presentations, the Committee will select the proposal which best meets the City s requirements. The City will negotiate with that proposer to determine final pricing and contract form. Please submit in the following order for the technical portion of your proposal: A. Complete and sign this page and submit this page as the 1 st page for the Technical proposal. Below are items to be submitted with the Technical Proposal detailed in the following pages. Please attach separate sheets as necessary to follow this 1st page: 1. Deliverables/Schedule 2. Additional Work Outside EIR Scope 3. Proposal Components 4. Overall EIR Methodology 5. Alternatives 6. Technical Qualifications 7. Project Schedule 8. Conflict of Interest Submitted by: PROPOSER/COMPANY NAME: ADDRESS (Not a P.O. Box): CITY: PHONE NO.: STATE, ZIP CODE: .: YOUR NAME & TITLE: YOUR SIGNATURE: DATE: 22

23 EXHIBIT A-2 (Page 2 of 7) TECHNICAL PROPOSAL 2. DELIVERABLES AND SCHEDULE The proposer should identify a schedule that is as efficient and aggressive as possible for the completion of the EIR process. Deliverable Initial Study and Notice of Preparation First Administrative Draft EIR Second Administrative Draft EIR Public Review Draft EIR Draft Response to Comments Revised Draft Response to Comments Administrative Final EIR including MMRP Final EIR including MMRP Draft Findings of Fact, and Draft Statement of Overriding Considerations (if any) Finalized Findings of Fact, and Final Statement of Overriding Considerations (if any) Quantity 2 electronic copies (1 each in Word and Adobe pdf) 2 hard copies 2 electronic copies (1 each in Word and Adobe pdf) 5 hard copies 2 electronic copies (1 each in Word and Adobe pdf) 5 hard copies 100 CD copies (Adobe pdf) 25 hard copies 2 electronic copies (1 each in Word and Adobe pdf) 2 electronic copies (1 each in Word and Adobe pdf) 2 electronic copies (2 each in Word and Adobe pdf) 2 electronic copies (1 each in Word and Adobe pdf) 25 hard copies 25 CD copies (Adobe pdf) 2 electronic copies (1 each in Word and Adobe pdf) 2 electronic copies (1 each in Word and Adobe pdf) 2 electronic copies (1 each in Word and Adobe pdf) In addition to the above, the selected proposer will be required to provide the requested number of electronic copies (in Adobe pdf format) for each document, or portion of each document as applicable, referenced or cited in the Draft EIR. Detailed status reports will be required to be submitted with all invoices. 23

24 EXHIBIT A-2 (Page 3 of 7) TECHNICAL PROPOSAL 3. ADDITIONAL WORK OUTSIDE EIR SCOPE There may be a number of studies and/or peer reviews needed during the entitlement process for the project. These include, but are not limited to, review of preliminary design work and vetting of the project description; additional peer review of traffic studies; and preliminary traffic engineering design. Qualification material in the submittal section below should address these needs as well. 4. PROPOSAL COMPONENTS Proposer shall provide the following information: Contact Information: Name, address, phone and of proposer, including all subconsultants. Key Personnel: Identification of the principal-in-charge, project manager, and any other personnel that may work on the project. Include statements of specific experience and background in the areas of EIR preparation for high profile projects, development of religious institution facilities; experience with local, regional and state agencies including the U. S. Bureau of Reclamation, U. S. Army Corps of Engineers, the California Department of Fish and Wildlife, Regional Water Quality Control Board, Contra Costa Water District Watershed and Lands Department, the Contra Costa County Fire Protection District, and EBRPD; traffic and noise impacts requiring a Statement of Overriding Considerations. Include organization chart with identification of personnel, roles and hourly wages. Similar information should be provided for all sub-consultants. As this project is anticipated to occur over the course of several months, anticipated increases in hourly billing rates (either calendar year or fiscal year based) shall be included in the proposal. Statement of Qualifications: A statement or narrative by the proposer of its qualifications for this type of project. Also include a list of between three and five recent, similar projects, completed in the last five years. Project Scope: Describe in detail how you would approach this project. What steps, procedures or processes might be used to develop the Initial Study, EIR, Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement of Overriding Considerations. Describe any previous church development experience and/or related controversial infill development experience. Schedule and Budget: Include a tentative project timeline and budget including a detailed cost estimate for all personnel that will be working on the project. Include a schedule of hours by major tasks with breakdown of hours allocated to each staff member of the proposer s team, and hourly rates of staff members. Expenses should be included in the budget total. Assume two 24

25 EXHIBIT A-2 (Page 4 of 7) TECHNICAL PROPOSAL meetings a month through certification of the EIR (indicate if meetings would be accomplished via teleconference or in person). The initial budget will be revised after discussions with the applicant, and will be finalized for contract approval by the City Council. PLEASE NOTE: THE PROPOSED PROJECT BUDGET SHOULD NOT BE INCLUDED IN THE BOUND PROPOSAL OR PDF COPY. IT SHOULD BE CONVEYED IN A SEPARATE SEALED ENVELOPE WITH THE PROPOSER S NAME, PROJECT NAME, AND THE WORDS PROPOSED PROJECT BUDGET CLEARLY INDICATED ON IT. References: Provide three to five references for recent work (within the last five years) with current client contact information, preferably for similar projects. Be sure references are for key personnel who will work on this project and that contact phone numbers are current for the client. Proposers must submit proposals to provide the full range of services specified in the above General Scope of Work. Proposals for only a portion of the Scope of Work will be considered non-responsive. Proposals should be concise and to the point. The proposal is limited to 25 pages (8.5 x 11 ) with no smaller than 10 point font. Resumes (limited to one double-sided page each) may be included and are not part of the page count. The proposed budget sheets are not part of the page count. The proposal shall be of such scope and depth to sufficiently describe and demonstrate the proposer s understanding and approach to the project. The information requested below will be used to evaluate the proposer s proposal based on the Evaluation Criteria. Proposals may be deemed non-responsive if they do not respond to all areas listed herein. A. Overall EIR Methodology The impact analysis must substantively evaluate indirect/secondary and cumulative impacts. The alternatives analysis must evaluate the environmental effects of each alternative on each impact category. The cumulative impacts analysis must evaluate impacts of the proposed project, in combination with the impacts of other reasonably foreseeable projects and plans. Furthermore, these impacts must be evaluated by comparing the expected future impacts of the project to both the existing conditions as well as the future project conditions. The proposal shall provide a detailed cost estimate and discuss the methodology recommended for the EIR. The discussion must cover the following topics: 1. Developing the environmental setting/existing conditions for each environmental impact category. 2. Methodologies for evaluating each environmental impact area. 3. Identifying required and recommended impacts and impact categories needed for the analysis. 4. Developing significance thresholds criteria. 5. Developing/refining EIR alternatives from the aforementioned program objectives, and finalizing alternatives-analysis methodology. 6. Recommend EIR format and organization. 25

26 EXHIBIT A-2 (Page 5 of 7) TECHNICAL PROPOSAL 7. Identify any additional technical studies/evaluations determined to be necessary by the City to augment the analysis. The proposal shall include a discussion of cost (included separately with the EIR cost proposal), schedule details, and staffing availability for additional technical studies. In response to this RFP, proposals must adequately identify all the assumptions being made by the proposer, such as the work and data expected to be delivered by the City or Applicant. The proposal shall outline the analysis and data that the proposer expects to be reasonably available from City staff and list the data needs anticipated for each environmental impact area. The proposals must also include any comments or suggestions the proposer may have regarding the scope of work for this project, the project schedule, or any other aspects of the work that the proposer feels would be helpful to the City in selecting a proposer for this project. The proposer should identify the impact on the project schedule and cost estimate that these recommendations would have if accepted. Work scope or tasks above the minimum to complete the work herein shall be clearly identified as optional in the Task Hour Breakdown table and cost proposal. B. Alternatives Proposals shall include an explicit recommendation of how analyses of the EIR Alternatives will be conducted from a program-level perspective, consistent with the pertinent CEQA requirements. The proposal shall also identify the general cost for each alternatives analysis and ensure the alternatives proposed will achieve a reasonable range of alternatives in accordance with CEQA. The alternatives or program objectives described herein are anticipated alternatives, subject to change. These alternatives will be refined and modified, as the City and Applicant refines the details of the Project. The proposer will be required to assist City staff in refining the alternatives, and be responsible for ensuring that the recommended alternatives analysis are in compliance with applicable CEQA requirements and result in the evaluation and comparison of a reasonable range of legally defensible alternatives. The alternatives analysis must include an explicit quantitative and qualitative comparison among the alternatives, and a summary of this comparison must be presented in a concise matrix that illustrates the relative environmental impacts of each alternative for each impact category. C. Technical Qualifications The proposal package shall include the following information: Project Experience List three to five reference projects that demonstrate the proposer s and subconsultants competence to perform work that is likely to be required on this project. Clearly delineate the role of all team members in each of the projects listed. Describe the project, work performed, and references including client contact names and phone numbers using additional pages as necessary. Proposers should identify how the scope of work items listed herein relates to each reference provided. For each of the reference projects listed, provide the following information: 26

27 EXHIBIT A-2 (Page 6 of 7) TECHNICAL PROPOSAL 1. Name and location of project; 2. A description of type and extent of services provided for each project; 3. Project schedule milestones. Include originally established dates of key milestones and deliverables, completion date, or status of the project (e.g., tasks such as those shown in Section 5 General Scope of Work ); 4. Name and address of each project owner/sponsor; 5. Name and current phone number of owner s/sponsor s representative intimately familiar with the project, to contact for reference. Verify that the reference person can be contacted at the phone number provided; 6. Applicability and relevance of the referenced project to the services required by the City and 7. Overall cost of each referenced project (e.g., tasks such as those shown in Section 5 General Scope of Work ). Project Team Provide an organizational chart for the proposed project team, including subconsultants. Identify a project manager who will be the City s main point of contact. Clearly identify who will lead the evaluation of various project components. Identify key tasks and the respective personnel assigned to them. Include the resumes of all members of the project team, including licenses and certifications, as an appendix. Resumes of key staff shall not exceed one page in length. Identify the primary office location for each team member, including sub-consultants. Modification to the project team or additions of key personnel not identified in the proposal will not be allowed without prior written approval by the City. Sub-consultants List proposed sub-consultants or subcontractors, if any, and describe their expertise and qualifications, as well as specific involvement in this project. State the specific duties and pertinent experience of the sub-consultants, including all licenses and certifications. Identify key tasks and the respective personnel assigned to them. Include the resumes of all members of the project team, including licenses and certifications, as an appendix. Include sub-consultant s commitment letter to provide the proposer for this project with the listed personnel in the event the proposer is selected. Modification to the sub-consultants or subcontractors not identified in the proposal will not be allowed without prior written approval by the City. Task-Hour Breakdown Provide a table with task-hour breakdowns by the project tasks and subtasks (as well as other subtasks as determined by proposer) and associated hours required by each of the personnel, as well as total hours (included as Attachment A). Include hours for meetings and other client communications in the respective tasks. DO NOT INCLUDE ANY COST INFORMATION OR HOURLY RATES FOR THESE TABLES. These tables must also be included in the cost proposal (see section below on project costs). D. Project Schedule Include a detailed time schedule. The time schedules should be presented as bar graphs, timelines, or Gantt Charts and should detail the time requirements for each of the project tasks, including all optional 27

28 EXHIBIT A-2 (Page 7 of 7) TECHNICAL PROPOSAL tasks. Where appropriate, tasks should be broken down into subtasks and included in the schedule. The time schedules should provide the number of working days required for each of the project tasks. E. Project Costs The cost to prepare the EIR should be stated as a total not-to-exceed dollar cost for the total work effort. The cost proposal shall be fully inclusive of all services required to complete the scope of services, and shall include overhead rate, profit percentage, and an itemized list for direct costs. Costs must be shown in a matrix format, by task, showing hours and base labor rates per staff member. Include estimates for printing and other such production costs for technical memoranda, drafts, and final reports. Optional tasks shall be listed separately (in the same format) and are not to be included in the total not-to-exceed amount. Cost proposals shall be submitted as an appendix, under separate sealed cover and marked as such (included as Attachment B). Cost proposals will be opened and reviewed only after work proposals have been reviewed and ranked. Cost proposals shall include the following: A breakdown by personnel including total hours and hourly rates for the work specified. These items shall be detailed by task and individuals performing the work, and shall include costs for production staff; and A description of the anticipated method of billing for services performed with provisions for monthly billing that will include itemized accounting of hours of personnel, hourly rates, and percent completion for each task identified. Please note that the City does not accept milestone forms of payment for contractual services. F. Conflict of Interest Provide a statement that the proposer, individuals employed by the proposer, or firms employed by or associated with the proposer, including sub-consultants, do not have a conflict of interest with the project. Conflicts of interest include, but are not limited to, financial or other interests in the outcome or eventual development of the proposed project, any vested interest in the proposed future development in the project area, or any financial or other interests in other related developments undertaken by the City. If a conflict of interest may exist in any form, provide details of the potential conflict. proposers are subject to disqualification on the basis of a conflict of interest as determined by the City at its sole and absolute discretion. 28

29 EXHIBIT B (Page 1 of 1) EXCEPTIONS TO SPECIFICATIONS/REQUIREMENTS RFP No List below requests for clarifications, exceptions and amendments, if any, to the RFP and its exhibits, and submit with your proposal response. The City is under no obligation to accept any exceptions and such exceptions may be a basis for proposal disqualification. Item No. Reference To: Page No. Paragraph No. Description Proposer Name Proposer Signature Date 29

30 POLICY & PROCEDURE EXHIBIT C (Page 1 of 1) CITY OF CONCORD Number: Authority: Effective: Revised: Reviewed: Initiating Dept.: LOCAL VENDOR PREFERENCE FOR THE PURCHASE OF SUPPLIES, SERVICES, AND EQUIPMENT 142 Council Motion 6/2/92 7/27/ FI 1. PURPOSE To encourage the purchase of supplies, services, and equipment from vendors located within the boundaries of the City of Concord. 2. POLICY As requests for the purchase of supplies, services, and equipment are received, it is recognized that procuring these from vendors located within the City of Concord promotes a healthy local economy and, therefore, benefits Concord's citizens as a whole. Procurement should seek to involve local vendors to the maximum extent possible while still complying with Chapter 2, Article VIII of the City of Concord Municipal Code. 3. LOCAL VENDOR DEFINITION A local vendor is defined as a business with a physical location within the boundaries of the City of Concord and who maintains a current City of Concord business license. 4. REQUIREMENTS 4.1 The City will actively seek to identify local vendors interested in doing business with the City of Concord. 4.2 The price proposal by Concord vendors will be adjusted by five percent (5%) when prices are compared in the bidding process. 4.3 The local vendors preference shall be applied to a maximum of $100,000 per bid including all costs, except sales tax. 5. EXCEPTIONS This policy shall not apply to the following purchases or agreements: 5.1 Goods, equipment, or services provided under a cooperative purchasing agreement. 5.2 Purchases or agreements which are funded in whole or in part by a governmental entity, and the laws, regulations, or policies governing such funding prohibit application of that preference. 5.3 Purchases for goods, equipment, or services made or agreements let under emergency situations. 5.4 Public projects governed under the State of California Public Contract Code. 5.5 Professional or consultant services. 5.6 Sole source purchases. 5.7 Purchases of supplies, services, and equipment not requiring bids. 5.8 Application of the local vendor s preference to a particular purchase, agreement or category of agreements for which the City Council is the awarding authority may be waived at the City Council s discretion. 30

31 EXHIBIT D (Page 1 of 9) SAMPLE CONTRACT (This is a SAMPLE only. The actual contract may include and is not limited to all of the terms and conditions specified in this RFP.) 31

32 EXHIBIT D (Page 2 of 9) SAMPLE CONTRACT 32

33 EXHIBIT D (Page 3 of 9) SAMPLE CONTRACT 33

34 EXHIBIT D (Page 4 of 9) SAMPLE CONTRACT 34

35 EXHIBIT D (Page 5 of 9) SAMPLE CONTRACT 35

36 EXHIBIT D (Page 6 of 9) SAMPLE CONTRACT 36

37 EXHIBIT D (Page 7 of 9) SAMPLE CONTRACT 37