HomeMy WebLinkAboutCO 2025-074 - RDC-S111, Inc dba Studio One ElevenPSA with professional liability insurance (Design) Page 1
Last Revised: 01/11/2018
AGREEMENT FOR
DESIGN PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 18th day of June,
2025, by and between the City of Rancho Cucamonga, a municipal corporation
(“City”) and RDC-S111, Inc., dba Studio One Eleven, a California Corporation
(“Consultant”).
RECITALS
A.City has heretofore issued its request for proposals to perform the
following design professional services: On-Call Urban Design Services (“the Project”).
B.Consultant has submitted a proposal to perform the professional services
described in Recital “A”, above, necessary to complete the Project.
C.City desires to engage Consultant to complete the Project in the manner
set forth and more fully described herein.
D.Consultant represents that it is fully qualified and licensed under the laws
of the State of California to perform the services contemplated by this Agreement in a
good and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree as
follows:
1.Consultant’s Services.
1.1 Scope and Level of Services. Subject to the terms and conditions
set forth in this Agreement, City hereby engages Consultant to perform all technical and
design professional services described in Recitals “A” and “B” above, including, but not
limited to consultant services for Urban Design Services, all as more fully set forth in the
Consultant’s proposal, dated April 3, 2025 and entitled “Scope of Work”, attached hereto
as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the
services required to be performed by Consultant are set forth in the Scope of Work and
are referred to herein as “the Services.” In the event of any inconsistencies between the
Scope of Work and this Agreement, the terms and provisions of this Agreement shall
control.
1.2 Revisions to Scope of Work. Upon request of the City, the
Consultant will promptly meet with City staff to discuss any revisions to the Project
desired by the City. Consultant agrees that the Scope of Work may be amended based
upon said meetings, and, by amendment to this Agreement, the parties may agree on a
City of Rancho Cucamonga
CONTRACT NUMBER
2025-074
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revision or revisions to Consultant’s compensation based thereon. A revision pursuant to
this Section that does not increase the total cost payable to Consultant by more than ten
percent (10%) of the total compensation specified in Section 3, may be approved in
writing by City’s City Manager without amendment.
1.3 Time for Performance. Consultant shall perform all services under
this Agreement in a timely, regular basis consistent with industry standards for
professional skill and care, and in accordance with any schedule of performance set forth
in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is
attached hereto as Exhibit “B”.
1.4 Standard of Care. As a material inducement to City to enter into
this Agreement, Consultant hereby represents that it has the experience necessary to
undertake the services to be provided. In light of such status and experience, Consultant
hereby covenants that it shall follow the customary professional standards in performing
the Services.
1.5 Familiarity with Services. By executing this Agreement,
Consultant represents that, to the extent required by the standard of practice, Consultant
(a) has investigated and considered the scope of services to be performed, (b) has
carefully considered how the services should be performed, and (c) understands the
facilities, difficulties and restrictions attending performance of the services under this
Agreement. Consultant represents that Consultant, to the extent required by the standard
of practice, has investigated any areas of work, as applicable, and is reasonably
acquainted with the conditions therein. Should Consultant discover any latent or
unknown conditions, which will materially affect the performance of services, Consultant
shall immediately inform City of such fact and shall not proceed except at Consultant’s
risk until written instructions are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall be three (3) years
and shall become effective as of the date of the mutual execution by way of both parties’
signature (the “Effective Date”). No work shall be conducted; service or goods will not
be provided until this Agreement has been executed and requirements have been
fulfilled.
Parties to this Agreement shall have the option to renew in one (1) year
increments for two (2) additional years, up to a total of 5 years, unless sooner terminated
as provided in Section 14 herein. Options to renew are contingent upon the City
Manager’s approval, subject to pricing review, and in accordance to all Terms and
Conditions stated herein unless otherwise provided in writing by the City.
3. Compensation.
3.1 Compensation. City shall compensate Consultant as set forth in
Exhibit A, provided, however, that full, total and complete amount payable to Consultant
shall not exceed $500,000 (per year), including all out of pocket expenses, unless
additional compensation is approved by the City Council. City shall not withhold any
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federal, state or other taxes, or other deductions. However, City shall withhold not more
than ten percent (10%) of any invoice amount pending receipt of any deliverables
reflected in such invoice. Under no circumstance shall Consultant be entitled to
compensation for services not yet satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance
with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall
compensate Consultant for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City monthly invoices for the
Services performed pursuant to this Agreement. The invoices shall describe in detail the
Services rendered during the period and shall separately describe any authorized extra
services. Any invoice claiming compensation for extra services shall include appropriate
documentation of prior authorization of such services. All invoices shall be remitted to
the City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Consultant in writing
within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty
(30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in
Section 3.
4.4 All records, invoices, time cards, cost control sheets and other
records maintained by Consultant relating to services hereunder shall be available for
review and audit by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the
contract administrator and City’s representative shall be Jennifer Nakamura, or such other
person as designated in writing by the City (“City Representative”). It shall be
Consultant’s responsibility to assure that the City Representative is kept informed of the
progress of the performance of the services, and Consultant shall refer any decisions that
must be made by City to the City Representative. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the City Representative.
5.2 Consultant Representative. For the purposes of this Agreement,
Brad Williams is hereby designated as the principal and representative of Consultant
authorized to act in its behalf with respect to the services specified herein and make all
decisions in connection therewith (“Consultant’s Representative”). It is expressly
understood that the experience, knowledge, capability and reputation of the Consultant’s
Representative were a substantial inducement for City to enter into this Agreement.
Therefore, the Consultant’s Representative shall be responsible during the term of this
Agreement for directing all activities of Consultant and devoting sufficient time to
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personally supervise the services hereunder. Consultant may not change the Responsible
Principal without the prior written approval of City.
6. Consultant’s Personnel.
6.1 All Services shall be performed by Consultant or under
Consultant’s direct supervision, and all personnel shall possess the qualifications,
permits, and licenses required by State and local law to perform such Services, including,
without limitation, a City business license as required by the City’s Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with
the standard of care set forth in Section 1.4.
6.3 Consultant shall be responsible for payment of all employees’ and
subcontractors’ wages and benefits, and shall comply with all requirements pertaining to
employer’s liability, workers’ compensation, unemployment insurance, and Social
Security. By its execution of this Agreement, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every employer to
be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its
elected officials, officers and employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all liability,
damages, claims, costs and expenses of any nature to the extent arising from Consultant’s
violations of personnel practices and/or any violation of the California Labor Code. City
shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant’s failure to
promptly pay to City any reimbursement or indemnification arising under this Section 6.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files,
drawings, photographs and any and all other writings, including drafts thereof, prepared,
created or provided by Consultant in the course of performing the Services, including any
and all intellectual and proprietary rights arising from the creation of the same
(collectively, “Work Product”), are considered to be “works made for hire” for the
benefit of the City. Upon payment being made, and provided Consultant is not in breach
of this Agreement, all Work Product shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City. Basic survey notes,
sketches, charts, computations and similar data prepared or obtained by Consultant under
this Agreement shall, upon request, be made available to City. None of the Work Product
shall be the subject of any common law or statutory copyright or copyright application by
Consultant. In the event of the return of any of the Work Product to Consultant or its
representative, Consultant shall be responsible for its safe return to City. Under no
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circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings,
reports or specifications to City upon written demand by City for their delivery,
notwithstanding any disputes between Consultant and City concerning payment,
performance of the contract, or otherwise. This covenant shall survive the termination of
this Agreement. City’s reuse of the Work Product for any purpose other than the Project,
shall be at City’s sole risk. City’s reuse or modification (without the professional
involvement of the Consultant) of the Work Product for any purpose other than the
Project shall be at the City’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of
this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above,
the Consultant shall be deemed to grant and assign to City, and shall require all of its
subcontractors to assign to City, all ownership rights, and all common law and statutory
copyrights, trademarks, and other intellectual and proprietary property rights relating to
the Work Product and the Project itself, and Consultant shall disclaim and retain no rights
whatsoever as to any of the Work Product, to the maximum extent permitted by law.
City shall be entitled to utilize the Work Product for any and all purposes, including but
not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding
and publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Consultant warrants and represents
that it has secured all necessary licenses, consents or approvals to use any
instrumentality, thing or component as to which any intellectual property right exists,
including computer software, used in the rendering of the Services and the production of
the Work Product and/or materials produced under this Agreement, and that City has full
legal title to and the right to reproduce any of the Work Product. Consultant shall defend,
indemnify and hold City, and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of City officials, harmless from any loss, claim or liability in any way related to a
claim that City’s use is violating federal, state or local laws, or any contractual
provisions, relating to trade names, licenses, franchises, patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret
or trademarked documents, materials, software, equipment, devices or processes used or
incorporated in the Services and materials produced under this Agreement. In the event
City’s use of any of the Work Product is held to constitute an infringement and any use
thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to
continue using the Work Product by suspension of any injunction or by procuring a
license or licenses for City; or (b) modify the Work Product so that it becomes non-
infringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor. Consultant is, and shall at all times
remain as to City, a wholly independent contractor. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of
City. Neither City nor any of its agents shall have control over the conduct of Consultant
or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall
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not, at any time, or in any manner, represent that it or any of its officers, agents or
employees are in any manner employees of City. Consultant shall pay all required taxes
on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold
City harmless from any and all taxes, assessments, penalties, and interest asserted against
City by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the workers’ compensation law regarding Consultant
and Consultant’s employees.
9. Confidentiality. Consultant may have access to financial, accounting,
statistical, and personnel data of individuals and City employees. Consultant covenants
that all data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are confidential and shall not
be disclosed by Consultant without prior written authorization by City. City shall grant
such authorization if applicable law requires disclosure. All City data shall be returned to
City upon the termination of this Agreement. Consultant’s covenant under this Section
shall survive the termination of this Agreement. This provision shall not apply to
information in whatever form that is in the public domain, nor shall it restrict the
Consultant from giving notices required by law or complying with an order to provide
information or data when such an order is issued by a court, administrative agency or
other legitimate authority, or if disclosure is otherwise permitted by law and reasonably
necessary for the Consultant to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant “financially interested” (as provided
in California Government Code §§1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
10.2 Consultant further represents that it has not employed or retained
any person or entity, other than a bona fide employee working exclusively for Consultant,
to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person
or entity, other than a bona fide employee working exclusively for Consultant, any fee,
commission, gift, percentage, or any other consideration contingent upon the execution of
this Agreement. Upon any breach or violation of this warranty, City shall have the right,
at its sole and absolute discretion, to terminate this Agreement without further liability, or
to deduct from any sums payable to Consultant hereunder the full amount or value of any
such fee, commission, percentage or gift.
10.3 Consultant has no knowledge that any officer or employee of City
has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise,
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in this transaction or in the business of Consultant, and that if any such interest comes to
the knowledge of Consultant at any time during the term of this Agreement, Consultant
shall immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited “conflict of interest” under applicable
laws as described in subsection 10.1.
11. Indemnification.
11.1 Design Professional Services. To the fullest extent permitted by
law, the Consultant shall, at its sole cost and expense, indemnify, defend, and hold
harmless the City, its elected officials, officers, attorneys, agents, employees, designated
volunteers, successors, assigns and those City agents serving as independent contractors
in the role of City officials (collectively “Indemnitees” in this Section 11.0), from and
against any and all damages, costs, expenses, liabilities, claims, and judgments, to the
extent arising out of, pertaining to, or relating to, in whole or in part, the negligence,
recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants,
employees, subcontractors, contractors or their officers, agents, servants or employees (or
any entity or individual for which or whom the Consultant shall bear legal liability) in the
performance of design professional services under this Agreement by a “design
professional,” as the term is defined in California Civil Code § 2782.8(c). The
indemnification obligation herein shall not in any way be limited by the insurance
obligations contained in this Agreement. Notwithstanding the foregoing and as required
by Civil Code § 2782.8(a), in no event shall the cost reimbursed by the Consultant to
defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate
percentage of fault.
11.2 Other Indemnities. With respect to claims and liabilities which do
not arise in connection with the performance of professional services by a “design
professional”, as that term is defined in California Civil Code Section 2782.8(c),
including, but not limited to, those claims and liabilities normally covered by commercial
general and/or automobile liability insurance, and to the maximum extent permitted by
law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and
indemnify the Indemnitees from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens,
stop notices, and losses of any nature whatsoever, including fees of accountants,
attorneys and other professionals, and all costs associated therewith, and the payment of
all consequential damages (collectively “Damages”), in law or equity, whether actual,
alleged or threatened, which arise out of, pertain to, or relate to the negligent acts or
omissions of Consultant, its officers, agents, servants, employees, subcontractors,
materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or
any entity or individual for which or whom Consultant shall bear legal liability) in the
performance of this Agreement, except to the extent the Damages arise from the active or
sole negligence or willful misconduct of any of the Indemnitees, as determined by final
arbitration or court decision or by the agreement of the Parties. Consultant shall defend
the Indemnitees in any action or actions filed in connection with any Damages with
counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all
attorneys’ fees and experts’ costs as they are actually incurred in connection with such
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defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and
costs incurred by the Indemnitees in connection therewith. The indemnification
obligation herein shall not in any way be limited by the insurance obligations contained
in this Agreement.
11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any
rights that they may possess against Consultant because of the acceptance by City, or the
deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
11.4 Waiver of Right of Subrogation. Except as otherwise expressly
provided in this Agreement, Consultant, on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation against the Indemnitees, while
acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to activities or operations performed by or on behalf of the Consultant.
11.5 Survival. The provisions of this Section 11 shall survive the
termination of the Agreement and are in addition to any other rights or remedies which
Indemnitees may have under the law. Payment is not required as a condition precedent to
an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment
against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under
this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full
force and effect for the duration of this Agreement, insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Consultant, and/or its agents, representatives,
employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
(3) Worker’s Compensation insurance as required by the State
of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the
City, having an extended reporting period of not less than
three (3) years after completion of the Services which shall
provide protection against claims of professional
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negligence arising out of Consultant’s performance of the
Services and otherwise complying with all applicable
provisions of this Section 12.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no
less than:
(1) Commercial General Liability: $2,000,000 per occurrence
for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or
the general limit shall be twice the required occurrence
limit.
(2) Automobile Liability: $1,000,000 combined single limit.
(3) Employer’s Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate.
(5) Umbrella liability: $5,000,000 to cover additional accidents
or occurrences thereunder Section 12.3.1 and 12.3.2. The
Insurance obligations under this agreement shall be the
greater of (i) the Insurance coverages and limits carried by
the Contractor; or (ii) the minimum insurance requirements
shown in this Agreement. Any insurance proceeds in
excess of the specified limits and coverage required which
are applicable to a given loss, shall be available to the City.
No representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the
obligations of the Contractor under this Agreement.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City and shall not reduce the
limits of coverage. City reserves the right to obtain a full certified copy of any required
insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability
policies are to contain the following provisions on a
separate additionally insured endorsement naming the City,
its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of
City officials as additional insureds as respects: liability
arising out of activities performed by or on behalf of
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Consultant; products and completed operations of
Consultant; premises owned, occupied or used by
Consultant; and/or automobiles owned, leased, hired or
borrowed by Consultant.
(2) For any commercial general liability and automobile
liability claims related to this Agreement, Consultant’s
insurance coverage shall be primary insurance as respects
City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in
the role of City or officials. Any insurance or self-
insurance maintained by City, its officers, officials,
employees, designated volunteers or agents serving as
independent contractors in the role of City officials shall be
excess of Consultant’s insurance and shall not contribute
with it.
(3) Consultant’s commercial general liability and automobile
liability insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer’s liability.
(4) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled except
after 30 days prior written notice by first class mail has
been given to City. Consultant shall provide thirty (30)
days written notice to City prior to implementation of a
reduction of limits or material change of insurance
coverage as specified herein.
(5) Each insurance policy, required by this clause shall
expressly waive the insurer’s right of subrogation against
City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company
approved in writing by City, which is admitted and licensed
to do business in the State of California and which is rated
A:VII or better according to the most recent A.M. Best Co.
Rating Guide.
(7) Contractor shall provide any and all other required insurance,
endorsements, or exclusions as required by the City in any
request for proposals applicable to this Agreement.
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12.6 Evidence of coverage. Prior to commencing performance under this
Agreement, the Consultant shall furnish the City with certificates and original
endorsements, or copies of each required policy, effecting and evidencing the insurance
coverage required by this Agreement including (1) Additional Insured Endorsement(s),
(2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability
declarations or endorsement page listing all policy endorsements. The endorsements
shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf.
All endorsements or policies shall be received and approved by the City before
Consultant commences performance. If performance of this Agreement shall extend
beyond one year, Consultant shall provide City with the required policies or
endorsements evidencing renewal of the required policies of insurance prior to the
expiration of any required policies of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors
performing work pursuant to this Agreement, the same requirements and provisions of
this Agreement including the indemnity and insurance requirements to the extent they
apply to the scope of any such subcontractor’s work. Contractor shall require its
subcontractors to be bound to Contractor and City in the same manner and to the same
extent as Contractor is bound to City pursuant to this Agreement, and to require each of
its subcontractors to include these same provisions in its contract with any sub-
subcontractor.
13. Cooperation. In the event any claim or action is brought against City
relating to Consultant’s performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation that City might
require. City shall compensate Consultant for any litigation support services in an
amount to be agreed upon by the parties.
14. Termination. City shall have the right to terminate this Agreement at any
time for any or no reason on not less than ten (10) days prior written notice to
Consultant. In the event City exercises its right to terminate this Agreement, City shall
pay Consultant for any services satisfactorily rendered prior to the effective date of the
termination, provided Consultant is not then in breach of this Agreement. Consultant
shall have no other claim against City by reason of such termination, including any claim
for compensation. City may terminate for cause following a default remaining uncured
more than five (5) business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10)
business days prior written notice for any of the following: (1) uncured breach by the
City of any material term of this Agreement, including but not limited to Payment
Terms; (2) material changes in the conditions under which this Agreement was entered
into, coupled with the failure of the parties to reach accord on the fees and charges for
any Additional Services required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Consultant’s and City’s
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regular business hours; or (b) on the third business day following deposit in the United
States mail, postage prepaid, to the addresses set forth in this Section, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this Section.
All notices shall be addressed as follows:
If to City: Jennifer Nakamura, Planning Director
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
If to Consultant: Brad Williams, President and Chief Executive
Officer
RDC-S111, Inc., dba Studio One Eleven
245 E. 3rd Street
Long Beach, CA 90802
16. Non-Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation.
17. Assignment and Subcontracting. Consultant shall not assign or transfer
any interest in this Agreement or subcontract the performance of any of Consultant’s
obligations hereunder without City’s prior written consent. Except as provided herein,
any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
18 Compliance with Laws. Consultant shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations in force at the time
Consultant performs the Services. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the
payment of prevailing wage rates and the performance of other requirements on “public
works” and “maintenance” projects. If the Services are being performed as part of an
applicable “public works” or “maintenance” project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply
with such Prevailing Wage Laws. The applicable prevailing wage rate determinations
can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm
Consultant shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
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parties upon request, and shall post copies at the Consultant’s principal place of business
and at the Project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall the
making by City of any payment to Consultant constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of any
document incorporated herein by reference, the provisions of this Agreement shall
prevail.
22. Applicable Law and Venue. The validity, interpretation, and
performance of this Agreement shall be controlled by and construed under the laws of the
State of California. Venue for any action relating to this Agreement shall be in the San
Bernardino County Superior Court.
23. Construction. In the event of any asserted ambiguity in, or dispute
regarding the interpretation of any matter herein, the interpretation of this Agreement
shall not be resolved by any rules of interpretation providing for interpretation against the
party who causes the uncertainty to exist or against the party who drafted the Agreement
or who drafted that portion of the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any
other documents, attachments and/or exhibits referenced herein and attached hereto, each
of which is incorporated herein by such reference, and the same represents the entire and
integrated agreement between Consultant and City. This Agreement supersedes all prior
oral or written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
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Consultant Name: RDC-S111, Inc., dba Studio
One Eleven
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
(two signatures required if corporation)
Approval ____ Buyer II, Purchasing
Alternate ____ Risk Management Coordinator
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CEO
6/10/2025 | 2:39 PM PDT
Partner
6/2/2025 | 12:51 PM PDT
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Mayor/President
7/17/2025 | 11:34 AM PDT
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EXHIBIT A
SCOPE OF SERVICES
See attached Statement of Qualifications and Consultant’s Proposal.
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EXHIBIT B
SCHEDULE OF PERFORMANCE
Not Applicable.
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Attachment A – Sample Waiver of Subrogation
(Sample Only – Not all forms will look identical to this Sample)
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Attachment B – Sample Additional Insured for On-going Projects Docusign Envelope ID: EEE8AC49-9E56-47EE-99A3-EA682074591DDocusign Envelope ID: 06499B17-9A24-4318-A087-88DC2E81E6A1
REQUEST FOR STATEMENT OF QUALIFICATIONS (“SOQ”) #24/25-502
FOR
ON-CALL URBAN DESIGN SERVICES – QUALIFIED CONSULTANTS LIST
City of Rancho Cucamonga
Procurement Division
10500 Civic Center Drive
Rancho Cucamonga, California 91730
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The City of Rancho Cucamonga
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for
On-Call Urban Design Services – Qualified Consultants List
__________________________________________________________________________________________________
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Table of Contents
1. OVERVIEW .................................................................................................................................. 4
1.1. GENERAL BACKGROUND ...................................................................................................................... 5
1.2. SOQ DELIVERY AND SCHEDULE OF EVENTS ...................................................................................... 5
1.3. DISCREPANCIES OR OMISSIONS ........................................................................................................... 6
1.4. CONTINGENCIES ................................................................................................................................... 6
1.5. QUESTIONS AND CLARIFICATIONS....................................................................................................... 6
1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION......................... 7
1.7. KNOWLEDGE OF REQUIREMENTS ........................................................................................................ 7
1.8. RESERVATION OF RIGHTS .................................................................................................................... 7
1.9. CALIFORNIA'S PUBLIC RECORDS ACT ................................................................................................ 8
2. MINIMUM REQUIREMENTS ......................................................................................................... 8
2.1. BUSINESS LICENSE ............................................................................................................................... 8
2.2. REPRESENTATIVES ............................................................................................................................... 8
2.3. EMPLOYEE CONDUCT ........................................................................................................................ 10
3. SOQ RESPONSE FORMAT AND SUBMISSION REQUIREMENTS....................................... 10
3.1. COVER LETTER / INTRODUCTION ...................................................................................................... 10
3.2. TABLE OF CONTENTS ......................................................................................................................... 10
3.3. EXECUTIVE SUMMARY ....................................................................................................................... 11
3.4. EXPERIENCE ....................................................................................................................................... 11
3.5. THIRD-PARTY / SUBCONTRACTORS ................................................................................................... 11
3.6. STAFF BIOGRAPHIES .......................................................................................................................... 11
3.7. SOQ RESPONSE .................................................................................................................................. 12
3.8. EXHIBITS A THROUGH H .................................................................................................................... 12
3.9. NON-DISCLOSURE CONFLICT OF INTEREST ...................................................................................... 12
3.10. PROFESSIONAL SERVICE AGREEMENT .............................................................................................. 12
3.11. ACKNOWLEDGEMENT OF INSURANCE ............................................................................................... 13
3.12. ADDENDUM ACKNOWLEDGEMENT .................................................................................................... 13
3.13. DEBARMENT AND SUSPENSION........................................................................................................... 13
3.14. PARTICIPATION CLAUSE .................................................................................................................... 13
3.15. SIGNATURE OF AUTHORITY ............................................................................................................... 13
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On-Call Urban Design Services – Qualified Consultants List
__________________________________________________________________________________________________
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3.16. COMPANY REFERENCES ..................................................................................................................... 14
4. SCOPE OF SERVICES................................................................................................................... 14
4.1. PURPOSE ............................................................................................................................................. 14
4.2. REQUIREMENTS .................................................................................................................................. 15
5. EVALUATION AND CONSULTANT SELECTION PROCESS ............................................................... 15
5.1. INITIAL SCREENING ............................................................................................................................ 16
5.2. EVALUATION ACTIVITIES .................................................................................................................. 16
5.3. REFERENCE CHECKS .......................................................................................................................... 16
5.4. DEMONSTRATIONS/ INTERVIEWS ....................................................................................................... 16
5.5. CONSULTANT SELECTION .................................................................................................................. 17
5.6. LETTER OF INTENT TO AWARD .......................................................................................................... 17
“EXHIBIT A, CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT” .... 18
“EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY” ......................................... 19
“EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO
PROVIDE AND MAINTAIN COVERAGES SPECIFIED” ................................................................................. 20
“EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT” ................................................................................... 21
“EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM” ........................................................ 22
“EXHIBIT F, PARTICIPATION CLAUSE” ..................................................................................................... 23
“EXHIBIT G, SIGNATURE OF AUTHORITY” ............................................................................................... 24
“EXHIBIT H” REFERENCES WORKSHEET .................................................................................................. 25
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1. OVERVIEW
The City of Rancho Cucamonga (hereinafter “City”) is seeking Statement of Qualifications from experienced
Urban Design consulting firms to enter into an agreement for On-Call Urban Design Services. The City is inviting
qualified Consultants to submit a Statement of Qualifications (hereinafter “SOQ”) in accordance with the
minimum Scope of Services indicated herein.
The City intends to select qualified firms who will be placed on an official list of qualified consultants on an as
needed basis. Pricing is not being requested as a part of the SOQ submittal and should not be included in the
response. Consultants will be asked to submit pricing in accordance with the project scope of work at the time
the project is available.
Consultants wishing to participate in the SOQ solicitation must be registered as a Consultant on Planet Bids
through the City website at http://www.cityofrc.us/ https://www.cityofrc.us/your-government/procurement.
Only those responses received from registered Consultants will be accepted. Responses must be submitted by
the named Consultant that has downloaded the SOQ, this information is indicated in the bid system and
provides the ability to tabulate the responses in accordance with the named Consultants. Submitting a response
under a Consultant name that does not appear to be on the Prospective Bidders list will be deemed as non-
responsive and disqualify said response from further consideration.
Using PlanRC as a guide, the City requires that each new development project provide high quality architecture
and landscape architecture, and that it be well integrated into and connected to its surrounding context. This
approach is increasingly known as “Placemaking”, where the City’s well-established commitment to the design,
character and quality of each new building is balanced with ensuring that surrounding on-site and public open
spaces and streetscapes are safe, comfortable, beautiful, habitable spaces that promote people’s health,
happiness and well-being. Within and immediately adjacent to established residential neighborhoods,
appropriate contextual design typically means that new buildings, site improvements, and any related public
improvements must respect the existing scale and character of adjoining neighborhood environment and the
preferences and expectations of its residents.
New projects along the City’s major corridors and within commercial and industrial areas will be expected to
align with the goals established in PlanRC, development standards, and the City Council’s Vision and Values
Statement. This will often require developers to work closely with City staff to coordinate targeted
improvements to existing public streets and property frontages with an overall vision for the evolution of that
corridor or area, in some cases involving parallel City-initiated street and public realm improvements.
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1.1. GENERAL BACKGROUND
The City of Rancho Cucamonga (hereinafter “City”) is a suburban community located in southwestern San
Bernardino County in Southern California. The City is bordered by the cities of Upland to the west, Ontario to
the south, and Fontana to the east. To the north is the San Gabriel Mountain range. The City’s early development
is characterized by agricultural activity that dominated the region during the late 1800’s/early 1900’s. The
cultivation of citrus and grapes were the principal agricultural activities in the area that would later become the
City of Rancho Cucamonga. The City originally developed as three distinct communities: Alta Loma, Cucamonga,
and Etiwanda. These communities were generally located in what would become the City’s northwest,
southwest, and northeast “quadrants”, respectively. With the goal of establishing a quality community, these
three communities joined together and incorporated as a city in 1977. With a population of over 175,000,
Rancho Cucamonga is committed to creating a world-class community.
The City has taken great pride in its commitment to high quality community planning and design. From the
adoption of its first General Plan in 1980 to its latest adoption of the General Plan in 2021, the City has grown
rapidly and has shifted policy focus from outward expansion to infill development. The General Plan, commonly
known as PlanRC, lays out a series of strategies to chart a path towards a 21st century world-class community
that is grounded in the foundational core values identified by the community. The vision of PlanRC is to create
a city for people—a city of great neighborhoods, natural open spaces and parks, thriving commercial and
industrial areas, and walkable and active centers and districts, all connected by safe and comfortable streets.
Through the implementation of PlanRC, the city will develop to be more welcoming and accessible to both
residents and visitors.
1.2. SOQ DELIVERY AND SCHEDULE OF EVENTS
Complete SOQ responses must be received electronically via Planet Bids prior to the due date and time specified
in the below Schedule of Events. Please note, there will be no paper responses accepted. The City shall not be
responsible for any delays by transmission errors.
Schedule of Events
Event Description Date & Time
Post SOQ March 6, 2025
Questions Due March 24, 2025, by 9:00 am
Addendum Issued March 27, 2025
SOQ Response Due Date April 3, 2025, by 9:00 am
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for
On-Call Urban Design Services – Qualified Consultants List
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(The City reserves the right to change schedule of events without prior notice or responsibility to Consultant.)
1.3. DISCREPANCIES OR OMISSIONS
Consultants finding discrepancies or omissions in the SOQ or having any doubts as to the meaning or intent of
any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. The City bears
no responsibility for oral instructions or representations. Addenda to this SOQ shall be considered a part of this
SOQ and shall become part of any final Contract that may be derived from this SOQ.
1.4. CONTINGENCIES
This SOQ should not be considered as a contract to purchase goods or services but is a Request for Statement
of Qualifications in accordance with the terms and conditions herein and will not necessarily give rise to a
Contract. However, SOQ responses should be as detailed and complete as possible to facilitate the formation
of a contract based on the SOQ response(s) that are pursued should the City decide to do so.
Completion of this SOQ form and its associated appendices are a requirement. Failure to do so may disqualify
your SOQ response submittal. Consultants must submit signed SOQ responses by the due date and time as
specified herein. Consultants will be considered non-responsive if the above requirements are not submitted
as requested.
Any scope of services, contingencies, special instruction and/or terms and conditions applicable to this SOQ and
any purchase order derived thereafter shall be effective as of the issue date of a purchase order for the
requested work (the “Effective Date”), and shall remain in full force and effect until sixty (60) days after the City
has accepted the work in writing and has made final payment, unless sooner terminated by written agreement
signed by both parties.
1.5. QUESTIONS AND CLARIFICATIONS
All questions or clarification requests must be submitted directly through the City’s bid system no later than the
due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in
the form of an Addendum and will be posted for download from the City ’s bid system in accordance with the
above “Schedule of Events”.
From the issuance date of this SOQ until a Consultant is awarded, Consultants are not permitted to communicate
with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or
site visits, except at the direction of Ruth Cain, CPPB, Procurement Manager, the designated representative of
the City of Rancho Cucamonga.
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On-Call Urban Design Services – Qualified Consultants List
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1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION
All materials submitted in response to this SOQ solicitation will become the property of the City and will be
returned only at the City ’s option and at the expense of the Consultant submitting the SOQ response. A copy
of the SOQ response will be retained for official files and become a public record. Any material that a Consultant
considers as confidential but does not meet the disclosure exemption requirements of the California Public
Records Act may be made available to the public regardless of a notation or markings of confidentiality or
otherwise.
1.7. KNOWLEDGE OF REQUIREMENTS
The Consultant shall carefully review all documents referenced and made a part of the solicitation document to
ensure that all information required to properly respond has been submitted or made available in the SOQ
response. Failure to examine any documents, drawings, specifications, or instructions will be at the Consultant’s
sole risk.
Consultants shall be responsible for knowledge of all items and conditions contained in their SOQ responses and
in this SOQ, including any City issued clarifications, modifications, amendments, or addenda. The City will
provide notice of any changes and clarifications to perspective Consultants by way of addenda to Planet Bids;
however, it is the Consultant’s responsibility to ascertain that the SOQ response includes all addenda issued
prior to the SOQ due date.
1.8. RESERVATION OF RIGHTS
The issuance of this SOQ does not constitute an agreement by the City that any contract will be entered by the
City. The City expressly reserves the right at any time to:
• Waive or correct any defect or informality in any response, SOQ, or SOQ procedure.
• Reject any or all SOQs.
• Reissue a Request for SOQs.
• Prior to submission deadline for SOQs, modify all or any portion of the selection procedures,
including deadlines for accepting responses, or requirements for any materials, equipment, or
services to be provided under this SOQ, or the requirements for contents or format of the SOQs.
• The City reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with
any or all responsive and responsible Consultants who submit SOQ responses.
• Procure any materials, equipment or services specified in this SOQ by any other means.
• Determine that no project will be pursued.
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• The City reserves the right to inspect the Consultant’s place of business prior to award or at any time
during the contract term or any extension thereof, to determine the Consultant’s capabilities and
qualifications.
1.9. CALIFORNIA'S PUBLIC RECORDS ACT
The City complies with the California Public Records Act, Government Code Section 6250 et seq, Public records
are open to inspection always during the office hours of the state or local agency and every person has a right
to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall
be available for inspection by any person requesting the record after deletion of the portions that are exempted
by law.
Neither an SOQ in its entirety, nor proposed prices shall be considered confidential and proprietary.
Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this
SOQ are subject to California's Public Records Act. The City 's receipt, review, evaluation or any other act or
omission concerning any such information shall not create an acceptance by the City or any obligation or duty
to prevent the disclosure of any such information except as required by Government Code Section 6253.
Companies who submit information they believe should be exempt from disclosure under the Public
Records Act shall clearly mark each document as confidential, proprietary or exempt, and state the legal basis
for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information
is requested under the Public Records Act, the City shall make a final determination if any exemption exists for
the City to deny the request and prevent disclosure. The City will withhold such information from public
disclosure under the Public Records Act only if the City determines, in its sole discretion, that there is a legal
basis to do so.
2. MINIMUM REQUIREMENTS
2.1. BUSINESS LICENSE
A selected Consultant awarded a contract shall be required to obtain a Rancho Cucamonga Business License no
later than five (5) business days from notification of award prior to being issued a Purchase Order. A selected
Consultant must possess and maintain all appropriate licenses/certifications necessary in the performance of
duties required under this SOQ and will provide copies of licenses/certifications immediately upon request
throughout the term of the Contract.
2.2. REPRESENTATIVES
Should a selected Consultant require the services of a third-party to complete the Scope of Services indicated
in this SOQ, the awarded Consultant will not assign, transfer, convey or otherwise dispose of the contract or its
right, title or interest in or to the same, or any part thereof. Any attempt by the awarded Consultant to so
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assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no
effect.
The awarded Consultant shall be solely responsible for the satisfactory work performance of all personnel
engaged in performing the Services including Consultants subcontractor. All Services shall be performed by the
awarded Consultant or under the awarded Consultant’s direct supervision, and all personnel shall possess the
qualifications, permits, and licenses required by state and local law to perform such services.
The awarded Consultant shall be responsible for payment of all employees’ and subcontractors’ wages and
benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation,
unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured
against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of
that Code and agrees to comply with such provisions before commencing the performance of the services.
In case of default by the Consultant, the City may take the following actions which shall include but not be
limited to; cancellation of any purchase order, procurement of the articles or service from other sources and
may deduct from unpaid balance due to the Consultant, or may bill for excess costs so paid, and the prices paid
by the City shall be considered the prevailing market prices paid at the time such purchase is made, withholding
of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or
Consultants for delivery, which do not meet specifications, will be for the account of the Consultant.
City Representative:
For the purposes of this Agreement, the contract administrator and City ’s representative shall
be__________________, or such other person as designated in writing by City (“City ’s Representative”). It shall
be the Consultant’s responsibility to assure that City ’s Representative is kept informed of the progress of the
performance of the services, and the Consultant shall refer any decisions that must be made by City to City
Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the City Representative.
Consultant Representative:
The response to this SOQ shall designate the representative of the Consultant authorized to act in its behalf
with respect to the services specified herein and make all decisions in connection therewith (“Consultant’s
Representative”). It is expressly understood that the experience, knowledge, capability, and reputation of the
Consultant’s Representative will be a substantial inducement for City to enter into an Agreement with the
Consultant. Therefore, the Consultant’s Representative shall be responsible during the term of any Agreement
for directing all activities of Consultant and devoting enough time to personally supervise the services
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hereunder. The successful Consultant may not change the Consultant’s Representative without the prior
written approval of City ’s Representative.
2.3. EMPLOYEE CONDUCT
All Consultant personnel must observe all City regulations in effect at the location where the Services are being
conducted. While on City property, the Consultant’s personnel shall be subject to oversight by City staff. Under
no circumstances shall the Consultant’s or Consultant’s sub-contractor personnel be deemed as employees of
the City. Consultant or Consultant’s subcontractor personnel shall not represent themselves to be employees
of the City.
Consultant's personnel will always make their best efforts to be responsive, polite, and cooperative when
interacting with representatives of the City and City employees. The Consultant's personnel shall be required
to work in a pleasant and professional manner with City employees, outside Consultants and the public. Nothing
contained in this SOQ shall be construed as granting the Consultant the sole right to supply personal or
contractual services required by the City or without the proper City approval and the issuance of a Purchase
Order.
3. SOQ RESPONSE FORMAT AND SUBMISSION REQUIREMENTS
Completion of this SOQ form and its associated Exhibits are a requirement. To be considered responsive and
evaluate SOQ responses fairly and completely Consultants must comply with the format and submission
requirements set out in this SOQ, and provide all information requested. Failure to comply with this instruction
will deem said SOQ response as non-responsive and will not receive further consideration in the evaluation
process.
If only one SOQ response is received, the City reserves the right to discard the response, re-bid or proceed with
an SOQ review and negotiations.
SOQ responses are due on the date and time indicated in the above schedule of events. Submittals shall be
submitted electronically via Planet Bids; no paper SOQ responses will be accepted. SOQ responses must include
the information required by this SOQ.
3.1. COVER LETTER / INTRODUCTION
SOQ responses must include the complete name and address of Consultant and the name, mailing address, and
telephone number of the contact person regarding the SOQ response. A signature by an authorized
representative must be included on each SOQ response. Said signature will be considered confirmation of the
Consultants ability and willingness to comply with all provisions stated herein.
3.2. TABLE OF CONTENTS
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The Table of Contents must be a comprehensive listing of the contents included in your SOQ response. This
section must include a clear definition of the material, exhibits and supplemental information identified by
sequential page numbers and by section reference numbers. Each section of the SOQ response will be separated
by a title page at the beginning of each section. SOQ responses shall be no longer than 20 pages in length
(including the Cover Letter, Table of Contents page, and all Title pages, but not including required exhibits).
3.3. EXECUTIVE SUMMARY
The Executive Summary shall condense and highlight the contents of the Consultant’s SOQ response to provide
the Evaluation Committee with a broad understanding of the Consultant’s approach, SOQ response, experience,
and staffing.
3.4. EXPERIENCE
The Consultant shall provide a concise statement demonstrating the Consultant’s qualifications, experience,
expertise, and capability to perform the requirements of this SOQ. Provide a brief history of your company,
including.
• The number of years in business,
• The firm’s service commitment to customers,
• If the firm is involved in any pending litigation that may affect its ability to provide its
proposed solution or ongoing maintenance or support of its products and services.
• A statement as to whether your firm is an individual proprietorship, partnership, corporation,
or private nonprofit firm, and the date your company was formed or incorporated.
3.5. THIRD-PARTY / SUBCONTRACTORS
If the Consultant intends to subcontract, a detailed list of any sub-contractors, partners, or third-party
Consultants who will be involved in the implementation of the proposed services including but not limited to:
• Description of the Consultant’s experience with each of the proposed subcontractors,
• Three (3) customer references for each subcontractor to include references names, addresses, and
telephone numbers, for products and services like those described in this SOQ,
• Describe the specific role of each.
3.6. STAFF BIOGRAPHIES
Submit a one to two page resume of the proposed Project Lead staff who will be performing the services for the
City, maximum of three (3) resumes. Resumes shall be formatted in the following order:
• Position with the Company,
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• Length of time with the Company,
• Licenses, registrations, and certifications as required by law to perform the Scope of Work described
herein,
• Educational background,
• Role in the Project,
• Experience with the minimum requirements stated herein,
• Work history on similar or like projects with the other municipalities.
Consultant may also include a summary of Staff Biographies, a paragraph for each, summarizing other key staff
that may be available to perform the services of the City.
3.7. SOQ RESPONSE
Under this section Consultants shall provide a full, detailed response to the City ’s Scope of Services listed herein.
Consultants should be as thorough as possible in their response as it may be the only opportunity to convey
information regarding your business, ability, and qualifications to complete the services needed.
3.8. EXHIBITS A THROUGH H
The following named Exhibits A through H are a requirement and must be complete and signed where required.
Exhibits are not to be included in your SOQ response. All referenced Exhibits must be submitted in Planet
Bids system under the Response Types, Exhibits A – G and Exhibit H. Failure to comply with this instruction
will deem your SOQ submittal as non-responsive.
3.9. NON-DISCLOSURE CONFLICT OF INTEREST
Specify any possible conflicts of interest with your current clients or staff members and the City. A signed
“Exhibit A, Conflict of Interest and Non-Disclosure Agreement” included herein must be submitted under the
Planet Bid Response Types, Exhibits A – G.
3.10. PROFESSIONAL SERVICE AGREEMENT
In addition to the acceptance of the City ’s Terms and Conditions, the successful Consultant will be required to
enter into a Professional Services Agreement (“PSA”) with the City, a “Sample” of which is attached in the City’s
bid system for review. All requirements of said PSA must be completed by the successful Consultant and signed
by both applicable parties prior to any services being rendered. This SOQ sets forth some of the general
provisions which may be included in the final PSA. In submitting a response to this SOQ, Consultant will be
deemed to have agreed to each clause unless otherwise indicated in “Exhibit B, Professional Services
Agreement Exceptions Summary” and the City agrees to either accept the objection or deviation or change the
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PSA language in writing. Failure to raise any objections at the time of this SOQ response submittal will result in
a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception
Summary must be submitted in Planet Bids system under the Response Types tab “Exhibits A – G”.
3.11. ACKNOWLEDGEMENT OF INSURANCE
Consultants must meet all insurance requirements as outlined in the Professional Services Agreement. Ability
to comply with said requirements must be indicated with signature of “Exhibit C, Acknowledgement of
Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified”. The
awarded Consultant will be responsible for providing the required Certificates of Insurance and must be the
Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded
Consultant, will not be accepted. The signed Acknowledgement of Insurance must be submitted under the
Planet Bid Response Types, Exhibits A – G.
3.12. ADDENDUM ACKNOWLEDGEMENT
The Consultant shall hereby acknowledge they have received all posted Addendums, if any. It is the Consultant’s
responsibility to log into the Bid System to identify and download the number of addenda that have been
posted. Addenda issued in correspondence to this SOQ shall be considered a part of this SOQ and shall become
part of any final Contract that may be derived from this SOQ. Consultants must indicate their acknowledgement
of any Addendums by way of signature on “Exhibit D, Addendum Acknowledgement” and must be submitted
under the Planet Bid Response Types, Exhibits A – G.
3.13. DEBARMENT AND SUSPENSION
Responding Consultants must verify by way of signature to “Exhibit E, Consultant Certification Form” that they
are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance
with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)
and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Consultant nor any of its proposed subcontractors
are tax delinquent with the State of California. The signed exhibit must be submitted under the Planet Bid
Response Types, Exhibits A – G.
3.14. PARTICIPATION CLAUSE
Consultants shall provide a completed “Exhibit F, Participation Clause”, must be submitted under the Planet
Bid Response Types, Exhibits A – G. This will indicate a Consultants agreement to or not to allow other entities
to utilize the SOQ response and awarded contract as a piggyback option.
3.15. SIGNATURE OF AUTHORITY
“Exhibit G”, Signature of Authority must be submitted under the Planet Bid Response Types, Exhibits A – G.
Unsigned SOQ responses will not be accepted. The Signature of Authority declares that the Consultant has
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carefully examined the instruction indicated herein including all terms and condition and specifications, and
hereby proposes and agrees, if the Consultants SOQ response is accepted, Consultant agrees to furnish all
material in accordance with the instruction and specifications in the time and manner prescribed for the unit
cost amounts set forth in the Consultants SOQ response.
3.16. COMPANY REFERENCES
Provide a minimum of four (4) references, preferably with other municipalities in which similar services are
being performed. References must be for work performed or completed within the past three (3) years.
“Exhibit H, Reference Worksheet”, must be complete and uploaded into the Planet Bid system under the
Response Types, Exhibit H.
4. SCOPE OF SERVICES
4.1. PURPOSE
The City is seeking Statement of Qualifications from experienced Urban Design consulting firms to enter into an
agreement for On-Call Urban Design Services. The City is inviting qualified Consultants to submit a Statement of
Qualifications (hereinafter “SOQ”) in accordance with the minimum Scope of Services indicated herein.
The City is interested in establishing a list of qualified firms to assist in the following tasks at the City’s request:
• Consultant services for urban planning, urban design, architecture and landscape architecture.
• Consultant services for urban design analysis, development, review, and recommendations.
• Training of staff on urban design, including but not limited to, introduction to urban design and
architecture, as directed by the City.
The City is requesting an SOQ from Urban Design Consulting firms with extensive demonstrated experience and
expertise in advising municipalities in urban design. The City intends to select qualified firms who will be placed
on an official list of qualified consultants that can be called upon on an as needed, project-by-project basis. The
selected firms will be maintained on the City’s official list for a three-year period, with an option to renew in
one-year increments for a total of five years.
Pricing is not being requested as a part of the SOQ submittal and should not be included in the response.
Consultants will be asked to submit pricing according to the project scope of work at the time the project is
available.
Consultants wishing to participate in the SOQ solicitation must be registered as a Consultant on the City
Consultant List. Consultant registration can be accomplished by visiting the City website at www.cityofrc.us.
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4.2. REQUIREMENTS
Firms considered for this SOQ must demonstrate extensive experience in infill development at this range of
scale, spanning and integrating urban planning, urban design and architecture to deliver projects that relate to
and connect existing and/or future contexts. The scale and type of project assignments are expected to include:
a. Design review of development proposals for commercial, residential, mixed-use or industrial projects on
a single parcel.
b. Design review of master plans or specific plans in which new street networks within large parcels
organize new development of various types into residential neighborhoods, single-use districts, or
mixed-use neighborhoods or districts.
c. Deliverables will typically consist of memoranda summarizing analysis, findings and recommendations,
and may be supplemented by marking up submittal drawings and providing diagrams and other graphics
to illustrate design recommendations.
d. For selected projects, the consultant may be asked to work collaboratively with the City, the developer
and the developer’s design team to refine a project design or master plan to better meet the City’s goals
and objectives while also meeting the developer’s objectives.
e. Assignments may also include collaboration with City staff in planning and designing public
improvements, including but not limited to streetscape, complete street improvements, corridor
branding and wayfinding, and other public realm enhancements and improvements.
On-Call List Utilization
The purpose of on-call professional services in specific disciplines is to mobilize expertise on short notice under
pre-negotiated terms and conditions to address City needs as they occur.
The City has identified a need for professional expertise in the area of Urban Design to assist staff in developing
innovative solutions. When it is determined that the city will require services, the scope of work for the project
will be developed by City staff. The City will then solicit firms on the list to provide brief proposals and budgets
for the project. The City typically requests proposals from three firms for each project, but that could vary
depending on the type of project, number of firms on the list, or any known conflicts with the project. City staff
will review the submitted proposals and determine which on-call firm will perform the scope of services. The
City will also ask the firm(s) to verify that they do not have a financial interest or other potential conflict of
interest. Firms that have a potential conflict will not be asked to submit a proposal.
5. EVALUATION AND CONSULTANT SELECTION PROCESS
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5.1. INITIAL SCREENING
All SOQ responses will undergo an initial review to determine responsiveness to the instructions herein. Those
SOQ responses initially determined to be responsive by meeting the SOQ requirement as indicated herein will
proceed to the next phase of the evaluation process.
5.2. EVALUATION ACTIVITIES
SOQ responses deemed as having met the standard SOQ requirements as indicated herein are then evaluated
by an Evaluation Committee. The SOQ submittals are scored and assigned a ranking of one (1) through ten (10),
ten being the highest possible score. The following criteria have been assigned percentages that the criteria will
be scored against, based upon but not limited to the following evaluation criteria factors:
Criteria
Criteria Description
Assigned
Percentage
Demonstrated experience, skill, and ability to deliver urban design services at the
highest quality 25
Demonstrated knowledge and familiarity with the City of Rancho Cucamonga, its
General Plan, Development Code, and vision for the future of the built environment 35
An understanding of the services requested and the work to be performed 10
Responsiveness, including demonstrated commitments to communication and client
service, as well as thoroughness, adequacy, and clarity of information provided 10
Demonstrated ability to accept “on-call” work and manage projects with short
deadlines 20
5.3. REFERENCE CHECKS
If determined to be required reference checks may be conducted by phone with the information being scribed
or conducted by a written form, submitted to the Consultant’s reference contact. Reference contacts will be
asked several predetermined questions for response and to provide a score from one (1) to ten (10), ten being
the highest. Scores are then tabulated and added to the spreadsheet with the criteria scores. It is imperative
that Consultants provide up to date and accurate information regarding contact information for reference
checks. All scores are then tabulated into the final Consultant ranking.
5.4. DEMONSTRATIONS/ INTERVIEWS
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Upon completion of the SOQ evaluations and data analysis, and only, if necessary, selected top ranked
Consultants will be provided an opportunity to interview and conduct a demonstration or presentation to
further expand on their SOQ response. Consultant interviews/demonstrations are scored and assigned a
ranking of one (1) through ten (10), ten being the highest possible score, based upon but not limited to the
evaluation criteria factors as stated within the SOQ.
5.5. CONSULTANT SELECTION
The final Consultant selection is based on which Consultant is the most responsive, meeting the City ’s
requirements, offering the best value.
The City may conduct negotiations with several Consultants simultaneously. The City may also negotiate
contract terms with the selected Consultants prior to award. The City, at its sole discretion, reserves the right,
unless otherwise stated, to accept or reject all or any SOQ responses, or any part thereof, either separately or
to waive any informality and to split or make the award in any manner determined to be in the best interest of
the City.
5.6. LETTER OF INTENT TO AWARD
After a final Consultant selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all
participating, responsive Consultants. Negotiations shall be confidential and not subject to disclosure to
competing Consultants unless an agreement is reached. If contract negotiations cannot be concluded
successfully, City may negotiate a contract with the next highest scoring Consultant or withdraw the SOQ
entirely.
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“EXHIBIT A, CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT”
It is the policy of the City to prevent personal or organizational conflict of interest, or the appearance of such
conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for
Professional Services Agreements (“PSA”) with potential Consultants.
I do not have specific knowledge of confidential information regarding SOQ responses received in response to
the Request for Statement of Qualifications (“SOQ”) #24/25-502 for On-Call Urban Design Services –
Qualified Consultants List.
I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any
SOQ response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not
limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any SOQ
response, or removal of same from designated areas.
I, the undersigned, hereby certify that the following statements are true and correct and that I understand and
agree to be bound by commitments contained herein.
______________________________________ (Print Name)
______________________________________ (Relationship to the City)
______________________________________ (Relationship to the Consultants)
______________________________________ (Signature)
______________________________________ (Date)
Exhibits are not to be included in your SOQ response. Exhibits A – G must be submitted in Planet Bids system
under the Response Types, Exhibits A – G.
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“EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY”
Mark the appropriate choice, below:
_____ Consultants accepts the PSA without exception.
OR
_____ Consultants proposes exceptions to the PSA.
Summarize all exceptions on a separate document. Enclose a written summary of each change and title as
“Exception Summary”, which shall include the Consultants’ rationale for proposing each such exception. Each
exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the
submitted summary may deem the response as non-responsive.
___________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
Exhibits are not to be included in your SOQ response. Exhibits A – G must be submitted in Planet Bids system
under the Response Types, Exhibits A – G.
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“EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO
PROVIDE AND MAINTAIN COVERAGES SPECIFIED”
I, _______________________________ the ______________________________________________
(President, Secretary, Manager, Owner or
Representative)
of __________________________________________________________________, certify that the
(Name of Company, Corporation or Owner)
General Provisions regarding insurance requirements as stated within the Professional Services Agreement
(PSA), for the Purchase Contract designated Request for Statement of Qualifications (“SOQ”) #24/25-502 for
On-Call Urban Design Services – Qualified Consultants List have been read and understood and that our
Consultants is able to provide and maintain the coverage as specified in the PSA. Failure to provide said
coverage, upon request to finalize the PSA prior to award shall be enough cause for immediate disqualification
of award. Failure to maintain said coverage shall result in termination of the contract.
___________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
Exhibits are not to be included in your SOQ response. Exhibits A – G must be submitted in Planet Bids system
under the Response Types, Exhibits A – G.
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“EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT”
The Consultants hereby acknowledges the following Addenda Number(s) to this SOQ have been received, if any.
Consultants understands failure to acknowledge any addenda issued may cause the SOQ response to be
considered non-responsive. It is the Consultants’ responsibility to log into the Bid System to identify and
download the number of addenda that have been posted.
• __________________
• __________________
• __________________
• __________________
___________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
Exhibits are not to be included in your SOQ response. Exhibits A – G must be submitted in Planet Bids system
under the Response Types, Exhibits A – G.
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“EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM”
I certify that neither _____________________________ (Consultant) nor any of its proposed subcontractors
are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in
accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Consultant nor any of its proposed
subcontractors are tax delinquent with the State of California.
I acknowledge that if Consultants or any of its subcontractors subsequently are placed under suspension or
debarment by a local, state or federal government entity, or if Consultants or any of its subcontractors
subsequently become delinquent in California taxes, our SOQ will be disqualified.
___________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
Exhibits are not to be included in your SOQ response. Exhibits A – G must be submitted in Planet Bids system
under the Response Types, Exhibits A – G.
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“EXHIBIT F, PARTICIPATION CLAUSE”
It is hereby understood that other government entities, such as cities, counties, and special/school districts may
utilize this SOQ response at their option for equipment or services at the SOQ response price for a period of
________ days. Said entities shall have the option to participate in any award made because of this solicitation.
Any such piggy-back awards will be made independently by each agency, and the City is not an agent, partner
or representative of these agencies and is not obligated or liable for any action of debts that may arise out of
such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of
its own order placement and payments of the Consultants.
Successful Consultants will extend prices as proposed herein to other governmental agencies, please
specify.
YES __________ NO _________
Exhibits are not to be included in your SOQ response. Exhibits A – G must be submitted in Planet Bids system
under the Response Types, Exhibits A – G.
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“EXHIBIT G, SIGNATURE OF AUTHORITY”
The undersigned firm declares that he has carefully examined the Scope of Work and read the above terms and
conditions, and hereby proposes and agrees, if this SOQ response is accepted, to furnish all material in
accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost
amounts set forth in the following SOQ response.
THE CONSULTANT IN SUBMITTING THIS SOQ RESPONSE MUST FILL IN THE FOLLOWING INFORMATION.
FAILURE TO DO SO MAY DEEM YOUR SOQ RESPONSE AS NON-RESPONSIVE.
Company Name:
Address:
(Street, Su. # City, State, Zip)
Telephone #:
Fax #:
E-mail address:
Web Address:
Authorized Representative: (print)
Title:
Signature:
Date:
Exhibits are not to be included in your SOQ response. Exhibits A – G must be submitted in Planet Bids system
under the Response Types, Exhibits A – G.
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Request for Statement of Qualifications (“SOQ”) #24/25-502
for
On-Call Urban Design Services – Qualified Consultants List
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Page 25 of 26
“EXHIBIT H” REFERENCES WORKSHEET
The following References Worksheet must be complete, please do not mark “See Attached”. Provide a minimum
of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted
comparable or like services. Preferred references should be government agencies and be a current customer
within the past three (3) years. Please verify accuracy of contact information.
Reference 1
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
Reference 2
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
Docusign Envelope ID: EEE8AC49-9E56-47EE-99A3-EA682074591DDocusign Envelope ID: 06499B17-9A24-4318-A087-88DC2E81E6A1
The City of Rancho Cucamonga
Request for Statement of Qualifications (“SOQ”) #24/25-502
for
On-Call Urban Design Services – Qualified Consultants List
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Page 26 of 26
Reference 3
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
Reference 4
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
Exhibits are not to be included in your SOQ response. Exhibit H must be submitted in Planet Bids system
under the Response Types, Exhibit H.
Docusign Envelope ID: EEE8AC49-9E56-47EE-99A3-EA682074591DDocusign Envelope ID: 06499B17-9A24-4318-A087-88DC2E81E6A1
Payment Events Status Timestamps
Certificate Of Completion
Envelope Id: 06499B17-9A24-4318-A087-88DC2E81E6A1 Status: Completed
Subject: Complete with Docusign: CO_2025-074_PSA_Urban_Design_Services_RDC_S111 Sign.pdf
Source Envelope:
Document Pages: 44 Signatures: 1 Envelope Originator:
Certificate Pages: 2 Initials: 0 Elizabeth Thornhill
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
elizabeth.thornhill@cityofrc.us
IP Address: 199.201.174.250
Record Tracking
Status: Original
7/17/2025 11:08:59 AM
Holder: Elizabeth Thornhill
elizabeth.thornhill@cityofrc.us
Location: DocuSign
Signer Events Signature Timestamp
L. Dennis Michael
dennis.michael@cityofrc.us
Mayor/President
City of Rancho Cucamonga
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.116.88.134
Signed using mobile
Sent: 7/17/2025 11:10:10 AM
Viewed: 7/17/2025 11:34:15 AM
Signed: 7/17/2025 11:34:29 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
City Clerk's Office Review
ClerkContracts@cityofrc.us
City Clerk
City of Rancho Cucamonga
Security Level: Email, Account Authentication
(None)
Using IP Address: 199.201.174.250
Sent: 7/17/2025 11:10:10 AM
Viewed: 7/17/2025 1:00:55 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/17/2025 11:10:10 AM
Certified Delivered Security Checked 7/17/2025 11:34:15 AM
Signing Complete Security Checked 7/17/2025 11:34:29 AM
Completed Security Checked 7/17/2025 1:00:56 PM
Payment Events Status Timestamps