Resort Area
Sanitary Sewer Study
REQUEST FOR PROPOSAL (RFP)
FOR
RESORT AREA SANITARY SEWER
STUDY
ACCOUNT NO.: 591-412-I821-7809 (RCP 2023-20793)
CITY OF ANAHEIM
Public Works Department
200 S. Anaheim Boulevard, Suite 276
Anaheim, CA 92805
David K. Mori, Esq., P.E.
Engineering Manager
Approved for Release:
Carlos Castellanos, P.E.
City Engineer
Public Works Department
Lori Ishigo
Project Manager
(714) 765-4113
[email protected]
KEY RFP DATES (Subject to change at discretion of City):
Issue Date: Thursday, March 21 st,2 0 2 4
Deadline for Requests for Information: Thursday, April 11 th, 2024 @ 2:00 PM Proposal Due Date: Thursday, April 25th,2 0 2 4@2 : 0 0 P M Proposal Reviews (week of): Monday, April 29 th, 2024
Presentation/Interviews, if necessary (week of): Monday, May 8 th, 2024
Resort Area
Sanitary Sewer Study
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for the following Sanitary Sewer Study Project:
RCP No. 2023- 20793: Resort Area Sanitary Sewer Study
Request for Information (RFI’s) to this Request for Proposal (RFP) will be accepted until Thursday, April 11th, 2024 at 2:00 PM. Proposals received after this date/time will not be considered. It is the responsibility of the Consultant to ensure that any proposals submitted have sufficient time to be received by the City of Anaheim prior to this proposal due date and time.
Proposals shall ONLY be uploaded or sent electronically through PlanetBids.
Proposals shall NOT be sent via telegraphic, mail, e-ma il or facsimile. Fee proposal shall ONLY be sent via mail, hand delivered, or sent by courier no later than 2:00 PM (PST) April 25th, 2024.
Mark envelope with the following “Sealed Bid, Do Not Open With City Mail”. Please send the Fee Proposal to the following address:
“SEALED PROPOSAL FOR
RESORT AREA SANITARY SEWER STUDY”
City of Anaheim
Public Works Department, 2nd Floor
200 S. Anaheim Boulevard, Suite 276
Anaheim, CA 92805
Attn: Lori Ishigo, Project Manager
All notifications, updates and addenda will be available online and can be accessed on PlanetBids at:
https://pbsystem.planetbids.com/portal/14424/bo/bo-detail/110425 Consultants shall be responsible for registering onto PlanetBids to obtain information regarding this solicitation. Failure to acknowledge the required addenda may result in a determination of a nonresponsive proposal.
Resort Area
Sanitary Sewer Study
CITY OF ANAHEIM
REQUEST FOR PROPOSAL
FOR
RESORT AREA SANITARY SEWER
STUDY
TABLE OF CONTENTS
I. INTRODUCTION
II. PROPOSAL TERMS AND CONDITIONS
A. EXAMINATION
B. PROPOSAL VALIDITY
C. PRE-CONTRACTUAL EXPENSES
D. JOINT OFFERS/SUBCONSULTANTS
III. INSTRUCTIONS TO CONSULTANTS
A. CITY RESPONSIBILITIES
B. CONSULTANT RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSE & PERMITS
F. INSURANCE
G. CITY RIGHT TO REJECT
IV. BACKGROUND AND DESCRIPTION OF PROJECT
V. GENERAL PROJECT REQUIREMENTS AND SCOPE OF WORK
VI. SERVICES TO BE INCLUDED
VII. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
C. FEE PROPOSAL
VIII. GENERAL INFORMATION
IX. INFORMATION/SERVICES TO BE FURNISHED TO THE SELECTED CONSULTANT BY THE CITY X. CONSULTANT SECTION
XI. IMPLEMENTATION
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
C. PUBLIC RECORDS
XII. RIGHT TO REJECT ALL PROPOSALS
XIII. EXHIBITS
EXHIBIT A: PROJECT LOCATION
EXHIBIT B: CITY OF ANAHEIM SURVEY STANDARDS
EXHIBIT C: FEE PROPOSAL DELIVERY
EXHIBIT D: CITY HALL CONTACT PROCEDURES
EXHIBIT E: CONFLICT OF INTEREST
EXHIBIT F: DESIGNATION OF SUB - CONTRACTORS
EXHIBIT G: INSURANCE
EXHIBIT H: SAMPLE STANDARD AGREEMENT
EXHIBIT I: NONCOLLUSION DECLARATION
Resort Area
Sanitary Sewer Study
CITY OF ANAHEIM
REQUEST FOR PROPOSAL (RFP)
FOR
RESORT AREAS SANITARY SEWER
STUDY
I. INTRODUCTION
Nature of Work:
The City of Anaheim (City) is seeking a consultant to provide o ptions and recommendations for the best solution for the following Sanitary Sewer Study as shown in Exhibit A.
RCP No. 2023-20793: Resort Area Sanitary Sewer Study
The City is seeking highly qualified firm(s) that offers the technical expertise and depth to assist in the successful project delivery of this Sanitary Sewer Study. This sewer study is looking at providing a solution to deliver 13 MGD PDWF capacity or divert sufficient flow to reduce the need on Katella Avenue between Harbor Blvd and Euclid St, with the possibility of using the sewer lines on Cerritos Ave, Ninth St, and West St. The Consultant shall perform utility research and identify the possible alignments and associated conflicts, and research different cost effective and efficient design alternatives for the successful project deliv ery of the Resort Area Sanitary Sewer Study . This work effort should identify the best solution, alignment, utilities affected, outside agencies impacted, and cost.
Number of Proposals and Signature:
One project specific proposal shall be signed by a company official with the power to bind the company and submit to the City of Anaheim duly completed Exhibits E, F and I . One (1) Fee Proposal for the project shall be submitted in a separate sealed envelope labeled with the corresponding RCP No. and Project Title.
Refer to Section VII. SUBMITTAL REQUIREMENTS subsection B, inclusive and part of this RFP for additional information.
Prevailing Wages:
In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Department a nd shall be made available to any interested party on request.
Department of Industrial Relations Compliance:
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be listed on a proposal for a Public Works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
No contractor or subcontractor may be awarded a contract for public works on a Public Works project
Resort Area
Sanitary Sewer Study
unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Designation of Subcontractors’ form (Exhibit F), attached with this Request for Proposals shall be completed and submitted with the Proposal. Failure to submit the form may be deemed as non-responsive and may be just cause for the rejection of the proposal.
‘Contractor or
subcontractor’ means a firm, corporation, partnership, or association who will be substantially responsible or will engage in the performance of any contract for public works project, subject to labor compliance program as determined by the Department of Industrial Relations.
Conflict of Interest Compliance:
Conflict of interest is governed by The Politi cal Reform Act (Government Code Sections 81000- 91014) and Government Code Section 1090, per Exhibit E. The Consultant shall complete, sign and return this form with the Proposal. Failure to submit the form may be deemed as non- responsive and may be just cause for the rejection of the proposal.
II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Consultant acknowledges that they have thoroughly examined and accepted the Terms and Conditions of this RFP as described below:
A. EXAMINATION: Consultant acknowledges that they have thoroughly examined and become familiar with the services and responsibilities required by this RFP and that the Consultant is capable of effectively and efficiently performing quality work to achieve the City’s objectives.
Any attachments referenced herein or any interpretations, clarifications, or amendments subsequently posted in relation to this RFP are fully incorporated.
B. PROPOSAL VALIDITY: Services, pricing, and warranties indicated in the Consultant’s Proposal must be valid for a period of one hundred and twenty (120) calendar days after the submission of the Proposal.
C. PRE-CONTRACTUAL EXPENSES: The City s hall not, in any event, be liable for any pre- contractual expenses incurred by Consultants in the preparation of its proposal.
D.
JOINT OFFERS/SUBCONSULTANTS: Where two or more Consultants desire to submit a single Proposal in response to this RFP, th ey should do so on a prime-subconsultant basis.
The City intends to contract with a single firm PER EACH PROJECT and not with multiple firms doing business as a joint venture. If subconsultants are used, the Consultant shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work un der the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Consultant.
Resort Area
Sanitary Sewer Study
III. INSTRUCTIONS TO CONSULTANTS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein.
B. CONSULTANT RESPONSIBILITIES
Point of Contact:
The selected Consultant will assume responsibility for all services in its proposal. The selected Consultant shall identif y a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, includin g payment of any and all charges resulting from the Agreement.
The Consultant shall be responsible for collecti ng and disseminating the data, records, and documents in the preparation of all design documents.
The Consultant is expected to establish and
maintain a close working relationship with City staff
throughout the project.
The selected Consultant shall maintain the same Project Manager for the duration of the project, as specified in the approved proposal. In the event the authorized Project Manager terminates employment, the Consultant shall make a demonstrated and concent rated effort to maintain the Project Manager in the key managerial position, unless extreme conditions prohibit continuance.
Any substitution of the Project Manager will requ ire written City approval. The Consultant shall perform no less than thirty percent (30% of the contract amount) of the work with its own work force.
Any changes in the scope of work resulting in a contract increase or decrease in fee shall be approved, in writing, by the City Engineer prior to the commencement of actual change of wo rk.
No fee adjustment shall be allowed unless it is based on said prior written approval.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via the PlanetBids Portal. The consultants are prohibited from communicating with any City representative/employee/official/consultant/staff other than via the PlanetBids Portal. Only questions and answers responded to on PlanetBids or any addenda issued on PlanetBids will be a part of this RFP solicitation. Consultants may submit written questions concerning this RFP on PlanetBids per the Key RFP Dates on the title page. No responses shall be provided by the City for all questions received after the deadline date.
Resort Area
Sanitary Sewer Study
D. ADDENDA
Any changes in the RFP from the date of release to the due date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted in PlanetBids.
https://pbsystem.planetbids.com/portal/14424/bo/bo-detail/110425
E. LICENSES & PERMITS
The selected Consultant shall be required to obtain a City of Anaheim Business license within ten (10) business days of selection and must pr ovide a copy to the City Project Manager or designee prior to commencing any work in the City of Anaheim.
Additionally, the Consultant will be responsible for obtaining any and all licenses/permits required
by the Scope of Work.
F. INSURANCE
The selected Consultant shall be required to maintain and comply with the insurance coverages, liabilities and provisions of the current Standard Agreement or amendments. See Attachments G and H.
G. CITY RIGHT TO REJECT
The City reserves the right to reject any or all submitted proposals when such rejection is in the interest of the City to reject the Proposal. Consultants are encouraged to insure that they meet the prerequisites of the RFP, provide a clear reco rd of success, and communicate the ability to perform the work. The City also reserves the right to wa ive any information and technicalities in the RFP. All costs inc urred in the preparation of the proposal, in the submission of additional information, preparation or attendance of an interview and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the Consultant. The City will only provide the staff assistance and documentation specifically referred to herein, and will not be responsible for any other cost or obligation that may be incurred by the Consultant. All proposals submitted to the City shall become the property of the City of Anaheim.
IV. BACKGROUND AND DESCRIPTION OF PROJECT
The proposed Resort Area Sanita ry Sewer Study alternatives will address the capacity and
operational deficiencies under the existing conditions for the area shown in Exhibit A. The sewer systems were constructed with a 21-inch and 24- inch diameter pipes. The City is looking at all alternatives and has included the clear possibilities to improve the sewer system capacity to 13 MGD PDWF in the project location, these alternatives can be seen in Exhibit A. However, the City highly encourages the prospective Consultants to research in to different alternatives that the City has not thought of. Implementation of this project will improve the overall performance, reduce maintenance costs, ensure capacity for future developments, and maintain the reliability of the sewer system.
Resort Area
Sanitary Sewer Study
V. GENERAL PROJECT REQUIREMENTS AND SCOPE OF WORK
The Proposal should reflect a thorough understanding of the City’s values and vision. Incorporating all the necessary guidelines, policies and requir ements, all collectively exceeding the Central Anaheim Master Plan of Sanitary Sewers (CAMPSS) anticipated needs by providing capacity for 13 MGD PDWF from Katella Avenue between Harbor Blvd and Euclid St, with the possibility of using the sewer lines on Cerritos Ave, Ninth St, and West St to connect to OCSan facilities. . All available related master plans of sanitary sewers are available in the City’s website under the following link:
http://www.anaheim.net/583/Storm-Drainage-Sanitary-Sewer-Master-Plan
Exhibits A, B, C, D, E, F, G, H and I are included for reference.
The following is a general description of the anticipated services, project components, and tasks.
Relative to the project’s completion schedule (Section VI), the Consultants are expected to submit a detailed work plan/approach, including schedule and specific work tasks, through the RFP submittal.
The selected Consultants will also be required to submit a final work plan to the City for approval prior to execution of a notice to proceed for each project.
The items of work presented should not be considered exhaustive. Consultants should expand the scope of work based on their experience and knowledge as they see appropriate and include these efforts as optional services.
Proposed services shall include, but are not limited to the following items:
1. Identifying the survey quality data required for an accurate study including but not limited to pipe and manhole data (invert elevation, size, flow direction, etc.), Utility potholing survey data, any surface concerns such as channel locations and depths. The City survey team will perform the survey in support of this effort.
2. The design may include siphons, jacking, boring, casing the sewer line, and sewer pipe bedding calculations if needed. In addition, hydr aulic calculations for the existing and build- out sewer flows (13 MGD PDWF) shall be included and substantiated by calculations.
3. Perform all necessary research and send out re quests to all utilities even when they have no franchise, and outside agencies to establish the precise location of all utilities based on the latest available records. Perform potholing as necessary to determine feasibility of proposed solutions.
Potholing should be surveyed by city forces; consultant shall be responsible to coordinate.
4. Develop all preliminary feasible alternative alignments and diversions from or into the selected sanitary sewer improvement. The alternatives should be evaluated further to determine their feasibility. All improvements are designed to address the recommended build-out sewer needs (13 MGD PDFW). Current City capacity criteria of max d/D are 0.67 for pipes with diameters < 12” and 0.75 for pipes with diameters > 12”. The preferred City design capacity of max d/D are 0.5 for pipes with diameters < 12” and 0.6 for pipes with diameters > 12” if possible.
The city has provided some potentially feasible alternatives as shown in Exhibit A, and is looking for the consultant to provide insights from their experience and expertise and any additional alternatives for consideration.
Resort Area
Sanitary Sewer Study
5. Provide Preliminary Design Report (PDR):
a. Evaluate various construction methods (i.e. tr enchless, open cut, pipe bursting, etc.) and potential alignments;
b. All alternative alignments must be substantiate d using flow monitoring (for at least 14 consecutive days) to determine the daily flow condition. The City has the capacity to provide up to 5 flow monitors for depth of flow only for this effort after May 2024. Please present in the proposal what flow monitoring is necessary and if it is proposed to be included in the consultant effort.
c. Pr esent a matrix of the different alternatives in order of preference including cost comparisons of the different alternatives based on the current economic environment.
d. Recommend a preferred method and alignment.
All related design requirements needed for the preferred method and alignment shall be completely identified and analyzed to warrant the feasibility of the recommendation(s) made, such as redesigning/relocating conflicting utilities/facilities.
6. Perform preliminary pipeline inspection. Pipeline cleaning shall be performed by the Consultant prior to the closed circuit television (CCTV) work to remove any debris, roots, obstructions, and materials that prevent proper inspection of the condition of the sanitary sewer system. The proposal shall include up to 1 mile of CCTV and cleaning for pipe sizes 8 inch to 36 inch.
7. Identify the businesses, residents (private ow ners) and Home Owners Association (HOA) affected by the improvements and provide contact information. Identify applicable permits from other public agencies and cities (as needed) su ch as the State of California Department of Transportation (Caltrans), Union Pacific Railroad (UPRR), Railroad Agencies/Owners, Orange County Sanitation District (OCSD), City of Orange , County of Orange, Orange County Public Works, Orange County Flood Control District, Orange County Transportation Authority (OCTA), and other applicable permits as necessary.
8. Provide CCTV footage, compiled survey file, copies of communications with util ities, copies of all communications with other agencies, potholing and flow monitoring reports for City internal use.
9. Monthly meetings with City Staff, including preparation of meeting agenda, updated schedules, project reports and minutes of each meeting to subsequently follow each meeting.
10. Research, collect and verify all information such as existing records and documents including documents furnished by the City in order to complete the project on schedule and within budget.
Resort Area
Sanitary Sewer Study
11. Time is of the essence. The project schedule shall firmly conform to the following City schedule:
The Sanitary Sewer Study shall be completed within ten (10 ) months after the Notice to Proceed is issued.
12. The Team will select the best alig nment after the utility research and investigation has been
completed and then potholing is proposed to confirm the solution. Potholing shall adhere to the City and other agencies’ permit requirements, inclusive of th is RFP. The City shall issue a no- fee permit for work within the City’s Righ t-of-Way. Note: All potholes in roadway shall include final restoration adhering to City’s Standards with hot-mix asphalt. The cost for hot-mix shall be included in the proposed fee. All work within the City Right of Way are subject to permit application a nd requirements. Pothole permitting shall submit plans showing pothole locations, duly dimensioned, referencing from known visible features. Traffic control plans shall be produced, right of way construction permit acquired, implemented, and removed as necessary for the potholing work and all associated costs shall be included in the propos ed fee. In addition to the estimated potholes required to locate active/abandoned utilities within the project site as aforementioned, an additional five (5) days of potholing work (approximately thirty (30) potholes) shall be included in the proposal to address unforeseen underground field conditions.
VI. SERVICES TO BE INCLUDED
A. Monthly progress
meetings with City Staff, including preparation of meeting agenda, updated schedules, project reports and minutes of each meeting to subsequently follow each meeting.
B. Scheduling, notices and compilation of in formation for distribution to the public. Coordination and attendance at Public Outreach meetings as required throughout all phases of the project including bidding and construction.
C. It is the Consultant’s responsibility to research, collect and verify all information such as existing records and doc uments including documents furnished by the City in order to complete the project(s) on schedule and within budget.
VII. SUBMITTAL REQUIREMENTS
A. GENERAL
1. Deadline(s): Proposals are due to the City of Anaheim, at the date, time, and location set forth above in the Notice Inviting Proposals and Key RFP Dates.
2. Documents required as part of the Request for Work Order Proposal: Agreement Statement, Firm and Team Experience and Resumes.
B. PROPOSAL CONTENTS
All proposals shall be limited to a MAXIMUM of 25 pages, including the cover letter, appendices,
charts, pictures, tables, schedule, and resource allocation table but excluding front and back Resort Area
Sanitary Sewer Study
covers, section dividers, addendum acknowledgements, fee proposal, and Designation of Sub- Contractors Form. With the exception of the Schedule and Resource Hour Allocation Table, which may be on single-sided Tabloid paper size (11”x17”), the Proposal shall be on single-sided Letter sheets (8.5"x11"). Font size shall be minimum 11-point Arial (standard).
By signing the Conflict of Interest Form (included as Exhibit E), the Consultant declares and warrants that no Anaheim public official, or office r, or employee of the City has been or shall be compensated, directly or indirectly in connec tion with this proposal or any work co nnected with this proposal. The Conflict of Interest Form is not part of the page limit for the Proposal.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
No contractor or subcontractor may be listed on a proposal for a Public Works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
No contractor or subcontractor may be awarded a contract for a Public Wo rks project (awarded
on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Designation of Subcontractors’ form attached as Exhibit F with this Request for Proposals shall be completed and submitted with the Proposal. Failure to submit may be deemed non- responsive and may be just cau se for the rejection of the proposal.
‘Contractor or subcontractor’ means a firm, corporation, partnership, or association who will be substantially responsible or will engage in the performance of any contract for Public Works project, subject to labor compliance program as determined by the Department of Industrial Relations.
Designation of Subcontractors(s) must be completed and included as part of the proposal.
Reference Exhibit F for information of the Subcontractor(s) to be included.
1. STATEMENT OF QUALIFICATIONS
a. Cover Letter: Proposals shall include a letter that has been wet signed by a principal or authorized representative who can make lega lly binding commitments for the entity.
Include address, telephone, e-mail address, and type of business entity.
b. Team Experience: Include resumes of project team/sub-contractors that outline their technical and design experience. At a m inimum, this should include the project manager/principal agent, associates in char ge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm. Provide a demonstrated record of success by the consultant on work previously performed for the City, other municipalities, or other enterprises within the County.
c. Understanding of Need: Proposal shall include an outline which demonstrates the firm’s understanding of the scope of work. This outline should include anticipated approach, Resort Area
Sanitary Sewer Study
tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of based on preliminary field/record investigation.
d. Relevant Project Experience: Proposal shall include a list of all feasible/applicable types of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, year completed, and client name, along with a contact person, telephone number and email address.
e. Quality Assurance: Provide a description of the Consultant Quality Assurance and Quality Control process / procedures, and discuss the Proposer’s approach to ensure quality work and an on-time product delivery. Discuss procedures in ha ndling City plan check reviews and addressing these comments, av oiding redundancy in current subsequent and anticipated reviews.
2. SCOPE OF SERVICES & SCHEDULE
The Proposal shall detail the work phases to be completed, the tasks to be accomplished and the deliverables to be provided in order to satisfy the Scope of Work (Section IV). The Proposal shall additionally itemize services which are further required in the servicing of the account but may not have noted in this RFP as requirements. The Proposal shall name will title this section as ADDITIONAL SERVICES.
In addition, provide a detailed schedule using the project milestones in the RFP, if applicable.
The detailed schedule shall identify all pertinent tasks, time required to complete each task, milestones, time for City review (use fifteen (15) calendar days for each review), time for revising drafts, and tentative completion date to complete the design. The Consultant shall include a proposed bid and construction phase in the schedule.
The Resource Hour Allocation Table shall show the amount of time allotted for the Project Manager, Project Engineer, and other team memb ers for the project as well as the total estimated working hours proposed to complete the project for the prime and all sub- consultants. Show only the number of the to tal estimated working hours, not the dollar amount in the technical proposal. The proposed fee shall be submitted in a separate sealed envelope. Do not include the proposed fee in the electronic submittal.
3. LEVEL OF EFFORT BREAKDOWN
The Proposal shall detail the proposed resources, hours and subconsultants used to perform each phase of the work. This detail shall include the positions and number of staff as well as the proposed time dedicated and associated equipment if any.
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C. FEE PROPOSAL
1. The Consultant’s fee proposal shall be submitted concurrently with the technical proposal, but in a separate sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, and/or a Proje ct Fee Schedule where applicable and as outlined in the Scope of Work, clearly indicating the grand total and optional items. For the Fee Proposal Portion, an 11”x17” size paper will be accepted.
2. A “time and materials” not-to-exceed fee shall include reimbursable expenses as percentage of total fees. Separate subtotals for tasks listed in the Scope of Work (Section V). The proposal costs must be summarized by task, the services to be provided by the Consultant, the product of each task and the cost for each task. A list of fees and expenses, including all incidental printing, photocopying and miscellaneous costs estimated to be accrued during the life of the contract must be provided in the reimbursable costs. A complete Work Breakdown Structure (WBS) and Earned Value Chart shall also be provided and used to monitor monthly progress payments. Total proposed fees, including the consultant’s and any sub-consultant’s hourly rate schedules, shall be submitted with the proposal in a separate sealed envelope. The schedule of fees will remain in effect for the duration of the project. The selecte d Consultant will work with the City to come up with a Work Breakdown Structure and Earned Value Chart that fits the project needs.
3. All work is to be invoiced to the City in accor dance with this proposal and the Agreement for Consultant Services. The City will make payments no more than once monthly on approved invoices up to the negotiated fee. Consult ant invoices shall include the list of tasks and subtasks (Work Breakdown Structure) corresponding to the same format as the cost summary submitted with the proposal, number of hours and dates worked, name and title of person. The invoice shall be reviewed and signed by the Consultant’s Project Manager certifying its accuracy. The amount invoiced shall not exceed the amount shown in the Cost Summary, and Work Breakdown Structure for each phase of work. Consultant shall not proceed with any additional scope items without an approved addendum executed by the City. An Earned Value Chart shall accompany each monthly invoice to track actual expenditures to project ed expenditures, and earned value against planned progress. If the design is behind schedule or not on budget, a recovery plan shall also be submitted with the invoice describing how the project will be put back on budget/schedule by the next monthly invoice or sooner. Consultant payments are contingent upon Consultant submitting bi- weekly project status report/schedule/WBS/earned value forms with each payment request.
4. In accordance with the California State Labor Code, prevailing wage rates apply. Copies of
the prevailing rate of per diem wages are on file with the Public Works Department and shall be made available to any interested party on request.
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VIII. GENERAL INFORMATION
A. The proposal submitted by the Consultant is required to include all items contained in the RFP with respect to the services to be provided for the project, the scope of work described and information to be included in the proposal.
B. The proposal submitted by the Consultant shall not have any exclusions, conditions, or provisions applied to the item above (Section VII, Item A).
C. If either of the above two items (Section VII, Items A and B) is not abided by, the City may deem the proposal as non-responsive.
D. The Consultant shall be responsible for collecting and disseminating the data, rec ords, and
documents in the preparation of all design documents.
E. The Consultant is expected to establish and maintain a close working relationship with City staff throughout the project.
F. All data, documents, or other products utili zed/developed in the preparation of the studies, shall become property of the City upon completion of the project.
G. The Consultant will adhere to all restoration and permit requirement(s) as discussed in the foregoing relative sections for potholing, flow monitoring, etc. obta ined as per the scope of work described in the proposal. The proposed fee for each of these items shall include all work requirements from the permit(s) and restoration and shall not be considered additional cost item(s).
IX. INFORMATION/SERVICES TO BE FURNISHED TO THE SELECTED CONSULTANT BY THE CITY
A. All available related master plans of sanitary sewers are available o n the City’s website under the
following link:
http://www.anaheim.net/583/Storm-Drainage-Sanitary-Sewer-Master-Pla B. All available related digital base maps as requested.
C. City of Anaheim’s CAD Title Block and template.
D. City of Anaheim Project Specifications General Conditions.
It is the Consultant’s respon sibility to verify all information furnished by the City in order to complete the project on schedule and within budget.
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X. CONSULTANT SELECTION
A City Review Board will review the proposals received. The final ranking of the consultants will be based upon qualifications, based on criteria above. A short list of qualified firms may be asked to participate in oral interviews. Consultant will be notified if a panel interview is required.
Upon completion of the evaluation and ranking of proposals, the City will initiate negotiations with the most qualified firm to arrive at a fair and reasonable compensation given the proposed scope of work. If the City and the firm are unable to negotiate a contract, the City may terminate negotiations and initiate negotiations with the next most qualified firm.
XI. IMPLEMENTATION
A. KICK-OFF MEETING
a. A kick-off meeting will be held with the awarded Consultant. Consultant and i ts team will meet with City of Anaheim staff to conduct introductions, discuss scope of services, and the implementation process.
B. NOTICE TO PROCEED
a. A formal Notice to Proceed (NTP) will be i ssued as the official approval for the Work ,
preceding the kick-off meeting.
CRITERIA RATING GUIDELINES
Ability of the consultants to perform the specific tasks outlined in the RFP.
15 MAX
Qualifications of the specific individuals who will work on the project.
Amount of time and involvement of key
personnel who will be involved in respective portions of the project
as presented in the level of effort breakdown.
30 MAX
Demonstrated record of success by the consultant on
similar work previously performed.
10 MAX
The specific method and techniques to be employed by
the consultant on the project or problem.
30 MAX
Schedule and ability to coordinate work/events in the
immediate area
5 MAX
Quality Control program 5 MAX
Reasonableness of fee requested to do the work. 5 MAX
Interview (if necessary) (To be determined based on
the evaluation of the proposals)
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Sanitary Sewer Study
C. PUBLIC RECORDS
a. All responses to the RFP shall become property of the City, and proposals will become public record after award of the contract.
XII. RIGHT TO REJECT ALL PROPOSALS
The City reserves the right to reject any or all submitted proposals when such rejection is in the
interest of the City. The City also reserves the right to waive any information and technicalities in the RFP. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the Consultant. The City will only provide the staff assistance and documentation specifically referred to herein, and will not be responsible for any other cost or obligation that may be incurred by the Consultant. All proposals submitted to the City shall become the property of the City of Anaheim.
Exhibit A – Project Location
*NOTE:A L T E R N A T I V E SA R EC O N C E P T U A L , REFERENCE PAGE NO. 8 OF THE RFP FOR MORE
DETAILS
ALTERNATIVE 1
ALTERNATIVE 3
ALTERNATIVE 2
HARBOR BLVD
CERRITOS AVE
KATELLA AVE
WEST ST
EUCLID ST
WALNUT ST
WAKEFIELD AVE
NINTH ST
Existing System Overview:
OCSan Possible Connection Points:
OCSan Line :
Alternative 1:
Upsize of current Northerly Sewer Line (located in
west direction lanes)
Alternative 2:
Upsize of current Southerly Sewer Line (located in
west direction lanes)
Alternative 3:
Installment of a new Sewer Line
South of the current Southerly Sewer Line (located
in east direction lanes)
PROJECT LOCATION
On Katella Ave in between Harbor Blvd and Ninth
St
On Cerritos Ave in between Euclid St and Ninth St
On Ninth St in between Katella Ave and
Orangewood Ave
ALTERNATIVE 1
* Note: Red Arrow on Existing System Overview
symbolizes Flow Direction
Exhibit A – Project Location
Project’s Current Condition:
OCSan Line :
Alternative 1:
Upsize of current Northerly Sewer Line
(located in west direction lanes)
Alternative 2:
Upsize of current Southerly Sewer Line
(located in west direction lanes)
Alternative 3:
Installment of a new Sewer Line
South of the current Southerly Sewer Line
(located in east direction lanes)
PROJECT LOCATION
On Katella Ave in between Harbor Blvd and Ninth
St
On Cerritos Ave in between Euclid St and Ninth St
On Ninth St in between Katella Ave and
Orangewood Ave
NINTH ST
HARBOR BLVD
KATELLA AVE
CERRITOS AVE
WEST ST
EUCLID ST
ALTERNATIVE 3
ALTERNATIVE 2
ALTERNATIVE 1
*NOTE: ALTERNATIVES ARE CONCEPTUAL,
REFERENCE PAGE NO. 8 OF THE RFP FOR
MORE DETAILS
Exhibit A – Project Location
Project’s Current Condition:
OCSan Line :
Alternative 1:
Upsize of current Northerly Sewer Line
(located in west direction lanes)
Alternative 2:
Upsize of current Southerly Sewer Line
(located in west direction lanes)
Alternative 3:
Installment of a new Sewer Line
South of the current Southerly Sewer Line
(located in east direction lanes)
PROJECT LOCATION
On Katella Ave in between Anaheim Blvd and
Euclid St
EUCLID ST
KATELLA AVE
ANAHEIM BLVD
ALTERNATIVE 3
ALTERNATIVE 2
ALTERNATIVE 1
*NOTE: ALTERNATIVES ARE CONCEPTUAL,
REFERENCE PAGE NO. 8 OF THE RFP FOR
MORE DETAILS
HARBOR BLVD
Exhibit A – Project Location
Project’s Current Condition:
OCSan Line :
Alternative 1:
Upsize of current Northerly Sewer Line
(located in west direction lanes)
Alternative 2:
Upsize of current Southerly Sewer Line
(located in west direction lanes)
Alternative 3:
Installment of a new Sewer Line
South of the current Southerly Sewer Line
(located in east direction lanes)
PROJECT LOCATION
On Katella Ave in between Harbor Blvd and Euclid
St
HARBOR BLVD
KATELLA AVE
EUCLID ST
ALTERNATIVE 3
ALTERNATIVE 2
ALTERNATIVE 1
*NOTE: ALTERNATIVES ARE CONCEPTUAL,
REFERENCE PAGE NO. 8 OF THE RFP FOR
MORE DETAILS
Exhibit A – Project Location
Project’s Current Condition:
OCSan Line :
Alternative 1:
Upsize of current Northerly Sewer Line
(located in west direction lanes)
Alternative 2:
Upsize of current Southerly Sewer Line
Alternative 3:
Installment of a new Sewer Line
South of the current Southerly Sewer
Line (located in east direction lanes)
PROJECT LOCATION
On Katella Ave in between Harbor Blvd and
Ninth St
On Cerritos Ave in between Euclid St and
Ninth St
On Ninth St in between Katella Ave and
Orangewood Ave
NINTH ST
HARBOR BLVD
KATELLA AVE
CERRITOS AVE
WEST ST
EUCLID ST
* Note: Alternative 1 is conceptual, reference
the RFP page No. 8 for more details
Exhibit A – Project Location
Project’s Current Condition:
OCSan Line :
Alternative 2:
Upsize of current Southerly Sewer Line
(located in west direction lanes)
PROJECT LOCATION
On Katella Ave in between Harbor Blvd
and Ninth St
On Cerritos Ave in between Euclid St
and Ninth St
On Ninth St in between Katella Ave and
Orangewood Ave
NINTH ST
HARBOR BLVD
KATELLA AVE
CERRITOS AVE
WEST ST
EUCLID ST
* Note: Alternative 2 is conceptual, reference
the RFP page No. 8 for more details
Exhibit A – Project Location
Project’s Current Condition:
OCSan Line :
Alternative 3:
Installment of a new Sewer Line
South of the current Southerly
Sewer Line
(located in east direction lanes)
PROJECT LOCATION
On Katella Ave in between Harbor
Blvd and Ninth St
On Cerritos Ave in between Euclid St
and Ninth St
On Ninth St in between Katella Ave
and Orangewood Ave
NINTH ST
HARBOR BLVD
KATELLA AVE
CERRITOS AVE
WEST ST
EUCLID ST
* Note: Alternative 3 is conceptual, reference
the RFP page No. 8 for more details
Exhibit A – Project Location
Project’s Current Condition:
OCSan Line :
Alternative 1:
Upsize of current Northerly Sewer Line
(located in the west direction lanes)
PROJECT LOCATION
On Katella Ave in between Harbor Blvd
and Ninth St
On Cerritos Ave in between Euclid St
and Ninth St
On Ninth St in between Katella Ave and
Orangewood Ave
NINTH ST
HARBOR BLVD
KATELLA AVE
CERRITOS AVE
WEST ST
EUCLID ST
* Note: Alternative 1 is conceptual, reference
the RFP page No. 8 for more details
Exhibit A – Project Location
Project’s Current Condition:
OCSan Line :
Alternative 2:
Upsize of current Southerly Sewer Line
(located in west direction lanes)
PROJECT LOCATION
On Katella Ave in between Harbor Blvd
and Ninth St
On Cerritos Ave in between Euclid St
and Ninth St
On Ninth St in between Katella Ave and
Orangewood Ave
NINTH ST
HARBOR BLVD
KATELLA AVE
CERRITOS AVE
WEST ST
EUCLID ST
* Note: Alternative 2 is conceptual, reference
the RFP page No. 8 for more details
Exhibit A – Project Location
Project’s Current Condition:
OCSan Line :
Alternative 2:
Upsize of current Southerly Sewer
Line
PROJECT LOCATION
On Katella Ave in between Anaheim
Blvd and Euclid St
EUCLID ST
KATELLA AVE
ANAHEIM BLVD
Exhibit A – Project Location
Project’s Current Condition:
OCSan Line :
Alternative 3:
Installment of a new Sewer Line
South of the current Southerly
Sewer Line
PROJECT LOCATION
On Katella Ave in between Anaheim
Blvd and Euclid St
EUCLID ST
KATELLA AVE
ANAHEIM BLVD
Exhibit A – Project Location
Project’s Current Condition:
Alternative 1:
Upsize of current Northerly Sewer Line
PROJECT LOCATION
On Katella Ave in between Harbor
Blvd and Ninth St
KATELLA AVE
HARBOR BLVD
NINTH ST
Exhibit A – Project Location
Project’s Current Condition:
Alternative 2:
Upsize of current Southerly Sewer Line
PROJECT LOCATION
On Katella Ave in between Harbor
Blvd and Ninth St
KATELLA AVE
HARBOR BLVD
NINTH ST
Exhibit A – Project Location
Project’s Current Condition:
Alternative 3:
Installment of a new Sewer Line
South of the current Southerly Sewer Line
PROJECT LOCATION
On Katella Ave in between Harbor
Blvd and Ninth St
KATELLA AVE
HARBOR BLVD
NINTH ST
Exhibit A – Project Location
Project’s Current Condition:
Alternative 1:
Upsize of current Northerly Sewer Line
PROJECT LOCATION
On Katella Ave in between Harbor
Blvd and Euclid St
HARBOR BLVD
KATELLA AVE
EUCLID ST
Exhibit A – Project Location
Project’s Current Condition:
Alternative 3:
Installment of a new Sewer Line
South of the current Southerly Sewer Line
PROJECT LOCATION
On Katella Ave in between Harbor
Blvd and Euclid St
HARBOR BLVD
KATELLA AVE
EUCLID ST
Exhibit A – Project Location
PROJECT LOCATION
On Katella Ave in between Harbor
Blvd and Ninth St
On Cerritos Ave in between Euclid St
and Ninth St
On Ninth St in between Katella Ave
and Orangewood Ave
NINTH ST
HARBOR BLVD
KATELLA AVE
CERRITOS AVE
WEST ST
EUCLID ST
* Note: All Alternatives are conceptual,
reference the RFP page No. 8 for more details
ALTERNATIVE 1
ALTERNATIVE 2
ALTERNATIVE 3
KATELLA AVE
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
Construction Services, Survey Section
ANAHEIM SURVEY MEASURMENT STANDARDS
HORIZONTAL DATUM:
Coordinates are to be in U.S. Survey Feet in terms of the California State Plane Coordinate System, Zone VI, NAD 83
VERTICAL DATUM:
Elevations are to be in U.S. Survey Feet in terms of the North American Datum of 1988 (NAVD 88), using a local City of Anaheim Bench Mark, or an Orange County Surveyor Bench Mark ACCURACY:
Horizontal - Second Order, Class II (1: 20,000) minimum.
Vertical - Second Order, Class II (݁0.035¥M) minimum.
Where:
e = is the allowable error, in feet
0.035 = a constant
M = is the length of the level loop, in miles
SURVEY REQUIREMENTS FOR PROPOSED SEWER IMPROVEMENTS
1. LOCATE ALL CENTERLINE MONUMENTS
2. PROVIDE ALL ROAD CENTERLINES, RIGHT-OF-WAYS, AND ENCUMBRANCES
3. ONLY 1 BENCHMARK IS TO BE USED. BENCHMARK MUST BE WITHIN THE PROJECT LIMITS IF APPLICABLE.
4. AUTOCAD DWG MUST BE COMPATIBLE WITH CIVIL3D, 2019
5. PROVIDE AN ASCII TEXT FILE OF SURVEY CONTROL USED FORPROJECT AND ALL TOPO POINTS
6. PROVIDE A BASIS OF BEARINGS
7. PROVIDE COORDINATES AND EPOCH USED TO DETERMINE THE BASIS OF BEARINGS
8. PROVIDE A LEGEND AND NORTH ARROW
9. PROVIDE A 3D SURFACE COMPATIBLE WITH CIVIL3D 2019
10. LOCATE ALLTOPOGRAPHIC FEATURES FROM EXISTING RIGHT-OF-WAY TO EXISTING RIGHT-OF-WAY
11. LOCATE TOPOGRAPHIC FEATURES CONVENTIONALLY. NO AERIAL MAPPING NOR LOCATING WITH
GPS RECEIVERS (GPS MAY BE USED FOR ESTABLISHING HORIZONTAL CONTROL)
12. DIP AND PROVIDE DETAILS OF ALL MANHOLES AND CATCH BASINS, INCLUDING INVERT
ELEVATIONS, PIPE DIAMETERS, AND FLOW DIRECTIONS
13. TAKE PICTURES OF MANHOLE INVERTS AND LABEL TO CORRESPONDING MANHOLE DETAIL
14. LOCATE WATERLINE TEE WHEN APPLICABLE
________________________________________
Raul Garcia, City Survey P.L.S. 8917
January 4, 2022
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Delivery of the original signed IHH SURSRVDO before the deadline is required as noted in the contract documents and will be accepted in the order of preference below:
U.S. mail or other delivery service addressed to
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Lori Ishigo
OR
Hand-delivery to Anaheim 3XEOLF:RUNV3HUPLW&RXQWHUQG)ORRU in City Hall. 3URSRVHU shall followthe protocol below to gain access to City Hall:
City Hall has a new pedestrian path-of-travel leading visitors to the main entrance located at the west side of building (public/visitoraccess will not be granted at other building entrances). Convenientparking is available at Chrysalis lot and level 1B of the parkingstructure. All visitors shall check in with city security upon arrivalDQGIROORZ VHFXULW\SURWRFRO
Proposer shall allow ample time to check in and submit their fee proposals before the deadline.
Visitor and Customer Sign In/Out Procedure
The purpose of this policy is to establish clear and consistent understanding on the necessary steps to provide access to visitors at City Facilities as it pertains to City Hall and Anaheim West Tower.
Consistent with our Mission, Vision and Values, to ensure a secure facility; this procedure is intended to establish guidelines to minimize disruption and safety.
Security staff is responsible to monitor compliance with this procedure and to report any suspected violations of these guidelines to their supervisor as appropriate. All vendors are to adhere to this procedure and conduct business in a professional manner.
The following procedures must be followed prior to granting access to Contractors/Vendors and or Customers as it pertains to City Hall or Anaheim West Tower during and after business hours:
Ensure all vendors/customers:
Check in with security personnel and complete the requested information on the appropriate log (“Employee/Visitor/Vendor Log.”)
Security Staff is to “CONFIRM” from an authorized City of Anaheim representative of access to be granted and should include access limitations: floors /areas & general description of work to be performed by contractor/vendor. When unable to confirm vendor/customer access, contact the on duty Anaheim Lead Guard (L/G) or Facilit y Services management representative (Duty Supervisor, Facility Services point of contact, etc.)
Obtain a Temporary Visitor Pass;
NOTE: This pass should be affixed (in a visible capacity) onto the person’s garment (Jacket, shirt, etc.)
Grant Access
City personnel have been advised to notify the Security Guard Desk prior to visitor arrival. The notification from department personnel will gran t a more efficient and expedited p rocess when confirming access.
Notifications from city personnel may be via email, phone, calendar invite, etc. If in any occasion there is a reasonable doubt of granting access contact the on duty Anaheim Lead Guard or Duty Supervisor.
IMPORTANT: Security Guard Staff are NOT to allow access to individual offices by using your security proximity cards or master keys to anyone. Immediately notify the Lead Guard (L/G) or Facility Services management representative of the situation and for guidance. Log all incidents where access is denied and submit a detailed incident report A-S-A-P.
Note for City Staff and Personnel:
Security Guard Staff are required to screen visitors prior to granting access. To ensure safety and expedite the screening process; in the event your department is expecting a visitor to our City Hall or Anaheim West Tower Facility we are requesting the following:
Contact our Security Guard Desk at 714-765-4103 to inform of contractor/visitor. Notification to Security Guard Desk should be at least 15 minutes prior to expedite the check in process and provide customer satisfaction. Security Guard Staff will contact the appropriate personnel. If notification from department is not provided in advance, it may delay the check in screening process.
SECURITY GUARD DESK: (714) 765-4103 or Extension: 4103 ON DUTY LEAD GUARD (L/G): 714-936-4230
FACILITY SERVICES MANAGEMENT REPRESENTATIVE: 714-765-6890 Duty Supervisor 714-345-9117
Conflict of Interest Form for Consultants
(Consultant to complete, sign and submit with the RFP Submittals)
The Political Reform Act (Government Code Sections 81000-91014) and Government Code Section 1090 prohibit any Anaheim public official, officer, or employee from involvement in a governmental decision or contract in which he or she has a financial interest. It is the responsibility of the consultant, consultant's employees, and subconsultants who perform work under the consultant agreement to evaluate any potential conflict of interests and fo llow the provisions of the conflict of interest requirements as set forth in Section 22 of the co nsultant agreement. Be advised that a prohibited conflict of interest may void any award where it exists.
I, the undersigned, hereby certify that I have re viewed and understand the above paragraph, and in furtherance of the foregoing, I have evalua ted and caused my company's employees and subconsultants to evaluate any potential conflict of interests. Based on this evaluation, I hereby further certify that no such conflict of interests exists.
SIGNATURE OF AUTHORIZED SIGNATORY
Date:
Print Name:
Title:
Consultant Name:
EXHIBIT " E"
EXHIBIT E
CONFLICT OF INTEREST
SEE ATTACHED
DESIGNATION OF SUB-CONTRACTORS FORM
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EXHIBIT F
DESIGNATION OF SU%-CONTRACTORS
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INSURANCE
1. INSURANCE
Without limiting ANAHEIM’s right to indemnification, it is agreed that CONSULTANT shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence.
Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability, in an amount not less than $1,000,000 per occurrence, $2,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, without a self-insured retention, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
Comprehensive Automobile Liability Coverage including—as applicable—owned, non-owned, and hired autos, in an amount not less than $1,000,000 per occurrence, combined single limit, as required by California law.
Professional Liability Insurance in an amount not less than $1,000,000 per occurrence, and CONSULTANT shall maintain such coverage for at least one (1) year from the termination of this Agreement. Such insurance shall be written on a primary basis, without a self-insured retention, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:
“This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non-payment of premium which shall provide for not less than ten (10) days notice.”
Each insurance policy required by this Agreement, excepting policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
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INSURANCE REQUIREMENTS
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“It is agreed that any insurance maintained by CONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim.”
“The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM-designated volunteers are added as additional insureds as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.”
Prior to commencing any work under this Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide ANAHEIM (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.
In addition to other remedies ANAHEIM may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof;
Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or
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property resulting from CONSULTANT’s, (or CONSULTANT’s
contractors/subcontractor, if any) performance of the work covered under this Agreement.
In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure (i) that the acts or omissions of such persons or firms are covered under the above-referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT under this Agreement (except for firms which are not performing professional services—such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, CONSULTANT shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.
ANAHEIM’s Risk Manager is hereby authorized to reduce the requirements set forth herein in the event he determines that such reduction is in ANAHEIM’s best interest.
2. INDEMNIFICATION
As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, WRWKHH[WHQWarising directly out of CONSULTANT’s (or CONSULTANT’s contractors’ or subcontractors’, if any) negligent acts, errors or omissions in the performance of professional services under this Agreement.
As respects all acts, errors or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at ANAHEIM's option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONSULTANT’s (or CONSULTANT's contractors’ or subcontractors’, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims which arise out of the sole negligence or willful misconduct of ANAHEIM.
The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, CONSULTANT, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
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day of
A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only this , 20, is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
CONSULTANT NAME, TYPE OF BUSINESS., a STATE corporation, hereinafter referred to as "CONSULTANT."
ANAHEIM and CONSULTANT are sometimes individually referred to herein as "Party" and collectively as "Parties."
W I T N E S S E T H:
WHEREAS, ANAHEIM is a municipal co rporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the Stat e of California and the Charter of the City of Anaheim; and
WHEREAS, ANAHEIM desires to obtain the services of CONSULTANT for civil engineering services related to the Pavement Management Plan Professional Services (the "Project"); and
WHEREAS, CONSULTANT possesses the skill, experience, ability, background, certification and knowledge to pr ovide the services for the Project as described in this Agreement; and
WHEREAS, ANAHEIM has solicited and received a proposal from CONSULTANT, has reviewed the previous experience and evaluated the expertise of CONSULTANT, and desires to retain CONSULTANT to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
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SAMPLE AGREEMENT
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1. SERVICES TO BE PROVIDED BY CONSULTANT
In compliance with all of the terms and conditions of this Agreement, CONSULTANT shall provide to ANAHEIM all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services include, but are not limited to the following: (1) Cost effective sanitary sewer design and different alternatives, all conforming with the Central Anaheim Master Plan of Sanitary Sewers (CAMPSS); (2) Relative feasibility studies, research, field studies and surveys, flow monitoring, incorporation of best management practices and Preliminary Design Re port (PDR); (3) QA/QC plan; (4) management data files in a form usable by the City of Anaheim; (5) hard copies of the report that meet the City requirements; and (6) on-going support as need ed by City staff and are more particularly described in the CONSULTANT’s Proposal dated MONTH DAY YEAR , attached hereto as Exhibit “A” and incorporated herein and in the Request for Proposal (“RFP”) issued by ANAHEIM, a copy of which is available in the Department of Public Works upon request and are both incorporated herein by this reference ("Scope of Services").
In the event of conflicting provisions, the provisions shall govern in the following order: (1) this Agreement, (2) the RFP, and (3) the Proposal. ANAHEIM may elect to delete certain tasks from the Scope of Services in its sole discretion.
2. TERM
The term of this Agreement shall commence on the Effective Date of this Agreement as set forth in Section 38 herein, and shall terminate upon the completion of the Services described herein, unless terminated earlier as set forth in Section 25 herein ("Term").
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by CONSULTANT to perform the Services in a diligent and timely manner may result in termination of this Agreement by ANAHEIM.
3.2 The time period(s) specified for performance of the Services rendered pursuant to this Agreement shall be extended beca use of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONSULTANT, including, but not restricted to, acts of God or of the public enem y, unusually severe weather, fires, earthquakes, floods, pestilence, and other natu ral catastrophes, epidemics, qua rantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, sabotage, restraint by court order or public authority and action or non-action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONSULTANT shall within ten (10) days of the commencement of such delay notify the Project Administrator in writing of the causes of the delay. The Project Administrator shall ascertain the facts and the extent of delay, and may extend the time for (;+,%,7H
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performing the Services for the period of the enfor ced delay if, in the judgment of the Project Administrator, such delay is justified. The Project Administrator's determination shall be final and conclusive upon the Pa rties to this Agreement. In the event of delay, however caused, CONSULTANT's sole remedy shall be an extension of this Agreement pursuant to this Section and CONSULTANT shall not be entitled to recover damages against ANAHEIM.
4. COMPENSATION
4.1 ANAHEIM shall pay CONSULTANT for the Services rendered, pursuant to this Agreement, in the amount of Dollars and No/100 Cents ($) pursuant to the fee proposal set forth in Exhibit A and incorporated herein by reference (“Schedule of Compensation").
CONSULTANT and ANAHEIM agree that no changes to the fee proposal set forth in Exhibit A shall be made during the term of this Agreement without the prior written approval of ANAHEIM.
4.2 Extra Work. The Director of Public Works is authorized to approve additional expenditures to be paid to CONSULTANT, pursuant to this Agreement, for Extra Work not included in the Scope of Services, in the amount of Dollars and No/100 Cents ($.) if the Director of Public Works determines, in his or her sole discretion, th at the additional Extra Work is necessary for the successful completion of the Services. .01 In no event shall CONSULTANT render Extra Work beyond the scope of this Agreement without the written authorization of the Director of Public Works. .02 All Extra Work approved in writing by the Director of Public Works shall be billed at either the rates set forth in the Schedule of Compensation or at a fixed price, at ANAHEIM’s sole discretion. If billed at a fixed price, CONSULTANT shall provide ANAHEIM with general description of the Extra Wo rk to be performed with a proposed price.
At such time as the Director of Public Works has approved the Extra Work, has agreed to a fixed price for the services, and has notified CONSUL TANT of such approval and agreement in writing, CONSULTANT shall perform the Extra Work.
.03 Except as specifically provided he rein, no additional Services or Extra Work beyond the scope of this Agreem ent shall be rendered by CONSULTANT unless previously authorized in writing by the City Manager.
.04 As used herein, “Extra Work” means any work that is determined by ANAHEIM to be necessary for the proper completion of the Services, but which is not included within the Scope of Services and whic h the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
4.3 It is understood by and agreed between the Parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement, including, but not limited to, all Extra Work, reimbursable expenses and subconsultant fees, if any, shall not exceed Dollars and No/100 Cents ($).
4.4. CONSULTANT shall submit monthly invoices to ANAHEIM describing the work performed the preceding month. CONSULTANT’s bills shall include the name of the (;+,%,7H
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person who performed the work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. ANAHEIM shall pay C ONSULTANT no later than thirty (30) days after approval of the monthly invoice by ANAHEIM staff.
4.5 All Parties recognize that the c ontinuation of this Agreement after the close of any fiscal year of ANAHE IM, which fiscal year ends on J une 30 of each year, shall be subject to budget approval providi ng for or covering such contra ct items as an expenditure in said budget. ANAHEIM does not represent that sa id budget item will be act ually adopted, said determination being the determination of the City Council at the time of the adoption of the budget herein. No penalty shall accrue to ANAHEIM in the event this provision shall be exercised. Should termination be accomplished in accordance with this Section, a settlement shall be negotiated by the Parties based on items delivered, services prov ided, monies paid and monies due.
5. PROJECT MANAGER
5.1 CONSULTANT shall designate a Project Manager, who sh all coordinate the Services. This Project Manager shall be available to ANAHEIM at all reasonable times during the Term of this Agreement. CONSULTANT has designated NAME to be its Project Manager. It is expressly understood that the ex perience, knowledge, capability and reputation of the foregoing Project Manager is a substantia l inducement for ANAHEIM to enter into this Agreement. Therefore, the foregoing Project Ma nager shall be responsib le during the Term of this Agreement for directing all activities of CONSULTANT and devoting sufficient time to personally supervise the provision of Services hereunder. The foregoing Project Manager may not be changed by CONSULTANT and no other personnel may be assigned to supervise the Services to be provided hereunder without the express written consent of ANAHEIM.
5.2 Any personnel or subconsultant, if any, who fail or refuse to perform the Services in a manner acceptable to ANAHEIM, or who are determined by ANAHEIM, in its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by CONSULTANT at the request of ANAHEIM. CONSULTANT warrants that it will continuously furnish the necessary personnel to complete the Services on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. The employees of the Public Works Department shall be authorized to take the following actions pursuant to this Agreement:
(i) The Director of Public works is aut horized to take any and all actions on behalf of ANAHEIM as set forth herein and to terminate services in accordance with Section 25 of this Agreement.
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(ii) The Project Administrator is authorized to take those specific actions set forth herein and review and approve all Serv ices performed by CONSULTANT under this Agreement. The Project Administrator shall not be authorized to approve Extra Work, change billing rates or terminate Services under this Agreement.
7. STANDARD OF CARE
7.1 CONSULTANT shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the Services. CONSULTANT warrants that all employees and subconsultants, if any, shall have sufficient skill and experience to perform the Services assigned to them. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the professional standard of care.
7.2 CONSULTANT represents and warrants to ANAHEIM that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of CONSULTANT to practice its profes sion. CONSULTANT shall maintain a City of Anaheim business license during the term of this Agreement.
8. FAMILIARITY WITH WORK
By executing this Agreement, CONSULTANT represents and warrants that CONSULTANT: (i) has thoroughly investigated and considered the Services to be performed; (ii) has carefully considered how the Services shoul d be provided; and (iii) fully understands the facilities, difficulties and restri ctions attending the provisi on of the Services under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the provision of such Services or as represented by ANAHEIM, CONSULTANT shall immediately inform ANAHEIM of such fact and shall not proceed except at CONSULTANT's risk until written instructions are received from ANAHEIM.
9. INDEPENDENT CONTRACTOR
9.1 Neither ANAHEIM nor any of its employees shall have any control over the manner, mode or means by which CONSUL TANT, its agents or employees, perform the services required herein, except as otherwise se t forth herein. Except as expressly provided herein, ANAHEIM shall have no voice in the sel ection, discharge, supervision or control of CONSULTANT's employees, servants, representativ es or agents, or in fixing their number, compensation or hours of service. CONSULTANT sh all perform all services required herein as an independent contractor of ANAHEIM and shall remain at all times as to ANAHEIM a wholly independent contractor with only such obliga tions as are consistent with that role.
CONSULTANT shall not at any time or in any manne r represent that it or any of its agents or employees are agents or employees of ANAHEIM . ANAHEIM shall not in any way or for any purpose become or be deemed to be a partner of CONSULTANT in its business or otherwise or a joint venture or a member of any joint enterprise with CONSULTANT.
9.2 In consideration for the compensation paid to CONSULTANT by ANAHEIM, CONSULTANT agrees that ANAHEIM sha ll not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits a nd CONSULTANT agrees that it shall not sue or file a claim, petition or application therefore against ANAHEIM or any of its officers, employees, agents, representatives or sureties.
10. INSURANCE
10.1 Without limiting ANAHEIM's right to indemnification, it is agreed that CONSULTANT shall secure, prior to commenc ing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
.01 Workers' Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence. .02 Commercial General Liability Insurance, including coverage for Premises and Operations, Contr actual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Cont ractor's Liability, in an amount not less than $1,000,000 per occurrence, $2,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a pr imary basis (i.e., without a self-insured retention), but may include a deductible of not more than $10,000 per o ccurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement. .03 Comprehensive Automobile Liability Coverage including-as applicable-owned, non-owned, and hired auto s, in an amount not less than $1,000,000 per occurrence, combined single limit, as required by California law. .04 Professional Liability Insurance in an amount not less than $1,000,000 per claim, and CONSULTANT shall main tain such coverage for at least two (2) years from the termination of this Agreement. Such insurance shall be written on a primary basis (i.e., without a self-insured retention), but may include a deductible of not more than $50,000 per claim, provided that such deductible is disc losed to ANAHEIM, in writing, at the inception of this Agreement.
10.2 Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide fo r the following conditions: "This insurance shall not be cancelled, or limited in sc ope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non-paymen t of premium which shall provide for not less than ten (10) days' notice."
10.3 Each insurance policy required by this Agreement, excepting policies for Professional Liability and Workers' Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
.01 "It is agreed that any insurance maintained by CONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim."
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.02 "The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM-designated volunt eers are added as additional insureds as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or serv ices performed for, or related to, the City of Anaheim."
10.4 Prior to commencing any work under this Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide ANAHEIM: (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above; or (ii) in lieu of said endorsements, doc umentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insuran ce policies. Insurance required hereunder shall be placed with insurers: (i) admitted to write insurance in California; (ii) possessing an A. M. Best's rating of A VII or higher; or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a cl aim or other legal ac tion is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANA HEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provisi on shall not apply if the Parties agree that CONSULTANT shall fully defend, hold harmless , and indemnify ANAHEIM against any such claim or other legal action.
10.5 In addition to other remedies ANAHEIM may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
.01 Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or .02 Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULTANT's failure to maintain insurance or secure appropriate endorsements.
10.6 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT's, (or CO NSULTANT's contractors/subcontractor, if any) performance of the work covered under this Agreement.
10.7 In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure, and certify to ANAHEIM in writing that: (i) the acts or omissions of such persons or firms are covered under the above- referenced liability insurance; or (ii) such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as , the insurance required of CONSULTANT (;+,%,7H
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under this Agreement (except for firms which are not performing prof essional services-such firms shall not be required to carry the above-ref erenced professional liability insurance); and in either instance, CONSULTANT shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.
10.8 ANAHEIM's Risk Manager is hereby authorized to reduce the requirements set forth herein in the event he determines that such reduction is in ANAHEIM's best interest.
11. INDEMNIFICATION
11.1 As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, WR WKH H[WHQW arising directly out of CONSULTANT's (or CONSULTANT's contractors' or subcontractors', if any) negligent acts, errors or omissions in the performance of professional services under this Agreement.
11.2 As respects all acts, errors or omissi ons which do not arise directly out of the performance of professional services, includ ing but not limited to those acts, errors or omissions typically covered by ISO-based genera l and automobile liability insurance coverage, CONSULTANT agrees to indemnify, defend (at ANAHEIM's option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with CONSULTANT's (or CONSULTANT's contractors' or subcontractors', if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims which arise out of the sole negligence or willful misconduct of ANAHEIM.
11.3 The obligations set forth in this inde mnification provision (i) shall be in effect without regard to whether or not AN AHEIM, CONSULTANT, or any other person maintains, or fails to maintai n, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
12. PREVAILING WAGES
Where required pursuant to the provisions of the State of California Labor Code or the Davis Bacon Act, not less than the general prevailing rate of per diem wages including legal holidays, and overtime work for each craft or type of workman needed to execute the work contemplated under this Agreement, shall be paid to all workmen employed on the work to be done according to this contract by CONSULTANT or any approved Subcont ractor, and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. If both the Davis-Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, CONSULTANT and Subcontractor, if any, shall pay the higher of th e two rates. Said prevailing rate of per diem wages are on file at the City of Anaheim, Office of the City Clerk, 200 South Anaheim Boulevard, Anaheim, California 92805, and are available to any interested party on request. (;+,%,7H
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13. PROGRESS
CONSULTANT is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a re gular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired.
14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
The Parties recognize that a substantial inducement to ANAHEIM for entering into this Agreement is the professional reputation, experience and competence of CONSULTANT. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assigned, transferred or encumbered in any way without the prior written consent of ANAHEIM. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without su ch consent shall be void as to ANAHEIM. If ANAHEIM approves an assignment or transf er, this Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the permitted successors and assigns of CONSULTANT.
15. SUBCONTRACTING
Except for those subcontractors set forth in the Scope of Services, if any, CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authoriza tion of ANAHEIM. CONSULTANT shall be fully responsible to ANAHEIM for all acts and omissi ons of any approved subcontractor. Nothing in this Agreement shall create any contractual relationship between ANAH EIM and subcontractor nor shall it create any obligation on the part of ANAHEIM to pay or to see to the payment of any monies due to any such subcontra ctor other than as otherwise required by law. ANAHEIM is an intended beneficiary of any work performed by an y subcontractor for purposes of establishing a duty of care between the subcontractor and ANAHEIM pursuant to this Agreement.
16. USE AND OWNERSHIP OF DOCUMENTS AND DATA
16.1 ANAHEIM shall furnish to CONSULTANT such documents and materials as may be relevant and pertinent to the provision of services hereunder as ANAHEIM may possess or acquire.
16.2 All documents and materials furnished by ANAHEIM to CONSULTANT pursuant to Section 16.1 shall re main the property of ANAHEIM and shall be returned to ANAHEIM upon termination of this Agreement, for any reason. All documents or material prepared or caused to be prepared by CONSULTANT, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of ANAHEIM, and ANAHEIM shall have the sole right to use such materials in its discretion without further compensation to C ONSULTANT or any other party. CONSULTANT shall, at CONSULTANT's sole cost and expens e, provide such documents and material to ANAHEIM upon prior written request.
Documents and material prepared by CONSULTANT pursuant to this Agreement are not intended or represented to be suitable for reuse by ANAHEIM or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authoriza tion from CONSULTANT will be at ANAHEIM's sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT's deliverables under this Agreement by ANAHEIM or persons other than CONSULTANT, is waived against CONSULTANT and ANAHEIM assumes full responsibility for such changes unless ANAHEI M has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
17. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes, ideas and communications that result from the Services pr ovided under this Agreement, shall be kept confidential by CONSULTANT unless ANAHEIM aut horizes, in writing, the release of said information.
18. INTELLECTUAL PROPERTY INDEMNITY
CONSULTANT shall defend and indemnify ANAHEIM, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to ANAHEIM pursuant to this Agreement.
19. RECORDS
CONSULTANT shall keep records and i nvoices in connection with the work to be performed under this Agreem ent. CONSULTANT shall mainta in complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to ANAHEIM, for a min imum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices sha ll be clearly identifiable. CONSULTANT shall allow a representative of ANAHEIM to examine, au dit and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. CONSULTANT shall allow inspection of all work, data, Documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement.
20. WITHHOLDINGS
ANAHEIM may withhold payment to CONSULTANT of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. CONSULTANT shall not discontinue work as a result of such withholdi ng. CONSULTANT shall have an immediate right to appeal to the City Manager or his Designee w ith respect to such disputed sums and his/her decision shall be final. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. (;+,%,7H
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21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of CONSULTANT which result in expense to ANAHEIM greater than what would have resulted if there were not errors or omissions in the work accomplished by CONSULTANT, the additional cost and expense shall be borne by CONSULTANT. Nothing in this paragraph is intended to limit ANAHEIM's rights under the law or any other sections of this Agreement.
22. ANAHEIM'S RIGHT TO EMPLOY OTHER CONSULTANTS
CONSULTANT acknowledges and agrees th at this Agreement and the provision of services hereunder are nonexclusive and that ANAHEIM may enter into similar agreements with other entities for the provision of similar services.
23. CONFLICTS OF INTEREST
CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which: (1) requi res such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement; and (2) prohibits such persons from making, or part icipating in making, decisions that will foreseeably financially affect such interest.
If subject to the Act, CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by ANAHEIM. CONSULTANT shall indemnify and hold harmless ANAHEIM for any and all claims for damages resulting from CONSULTANT’s violation of this Section.
24. NOTICES
All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either ANAHEIM or CONSULTANT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to ANAHEIM: City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
With copies to: Director of Public Works
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-5225
To CONSULTANT: CONSULTANT
Address Line 1
Address Line 2
Phone: (###) ###-####
25. ENFORCEMENT OF AGREEMENT
25.1 Events of Default.
.01 For purposes of this Section 25, the word "Default" shall mean the failure of CONSULTANT to perform any of CONSULTANT's duties or obligations or the breach by CONSULTANT of any of the terms a nd conditions set forth in this Agreement. In addition, CONSULTANT shall be deemed to be in Default upon CONSULTANT's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrang ement, reorganization or insolvency law (unless in the case of an involuntary petition, the sa me is dismissed within thirty (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of CONSULTANT's assets or of CONSULTANT's interests hereunder. .02 ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by ANAHEIM hereunder unless and until ANAHEIM has failed to perform such obli gation for a period of thirty (30) days after receipt of written notice from CONSULTANT specif ying in reasonable detail the nature and extent of any such failure; provided, however, th at if the nature of ANAHEIM's obligation is such that more than thirty (30) days are re quired for its performance, then ANAHEIM shall not be deemed to be in Default if ANAHEIM shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
25.2 Immediate Termination for CONSUL TANT's Default. CONSULTANT shall not be deemed to be in Default in th e performance of any obligation required to be performed by CONSULTANT hereunder unless a nd until CONSULTANT has failed to perform such obligation for a period of thirty (30) da ys after receipt of written notice from ANAHEIM specifying in reasonable detail the nature and ex tent of any such failure; provided, however, that if the nature of CONSULTANT's obligation is such that more than thirty (30) days are required for its performance, then CONSULTANT shall not be deemed to be in Default if (;+,%,7G
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CONSULTANT shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
25.3 Termination without Cause. ANAHEIM may terminate this Agreement at any time without the necessity of cause or Default by giving thirty (30) days' notice in writing to CONSULTANT. In such event, the Parties shall have no further rights hereunder, except that CONSULTANT shall be paid for all services adequately rendered prior to such termination and shall receive payment in full for equipment and e quipment that has been ordered that cannot be canceled. CONSULTANT may not terminate this Agreement except for cause.
26. COMPLIANCE WITH ALL LAWS
CONSULTANT shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or he reinafter enacted. In addition, all work prepared by CONSULTANT shall conform to applicable local, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator.
27. WAIVER
A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
28. INTEGRATED CONTRACT
This Agreement and the exhibits hereto contain the entire agreement of ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement, statement or promise made by either ANAHE IM or CONSULTANT which is not contained herein, shall be valid or binding. No prior agre ement, understanding or representation pertaining to any such matter shall be effective for any purpose.
29. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits or any other attachments attached hereto, the terms of this Agreement shall govern.
30. INTERPRETATION
Each Party acknowledges that he / she / it has had the benefit of advice of competent legal counsel with respect to its deci sion to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both CONSULTANT and ANAHEIM and approved as to form by the City Attorney.
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32. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms a nd provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
33. REMEDIES CUMULATIVE
The remedies given to ANAHEIM and CONSULTANT herein shall be cumulative and are given without impairi ng any other rights given ANAHEIM or CONSULTANT by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by ANAHEIM or CONSULTANT shall not exclude the exercise of any other remedy.
34. NO THIRD PARTY BENEFICIARIES
The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covena nt, duty, obligation or undertaking established herein.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to th is Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
36. DISCRIMINATION
CONSULTANT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, mari tal status, handicap, ancestry, national origin or other prohibited basis in its provi sion of Services or hiring of subcontractors or employees. To the extent this Agreement provides that CONSULTANT offer accommodations or services to the public, such accommodations or services shall be offered by CONSULTANT to the public on fair and reasonable terms.
37. AUTHORITY
Each individual executing this Agreem ent on behalf of a corporation, nonprofit corporation, partnership or other entity or orga nization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. CONSULTANT shall, at ANAHEIM's request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.
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EXHIBIT "H
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38. EFFECTIVE DATE
This Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM ("Effective Date").
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION: CITY OF ANAHEIM
a municipal corporation
By:
“ANAHEIM”
ATTEST:
By: _
City Clerk of Anaheim
DATE OF EXECUTION: Consultant Name, Type of Business., a State corporation
By:
Printed Name:
Title:
“CONSULTANT”
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Bryn M. Morley
Deputy City Attorney
Dated:
Attachments: Exhibit A
NON-COLLUSION DECLARATION-CONTRACTOR
To be Executed by Bidder and Submitted with Bid
City of Anaheim Bid for Central Anaheim Sewer Master Plan
The undersigned declares:
I am the _______________________________ [title] of
_____________________________________ [company name], the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ________________________ [date], at
_________________________________________ [city], ________________________ [state].
Signature
Print Name
State of California
PUBLIC CONTRACT CODE
Section 7106
7106. Every bid on every public works contract of a public entity shall include a declaration under penalty of perjury under the laws of the State of California, in the following form:
“NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the ____ of ____, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___[date], at ___[city], ___[state].”
(Amended by Stats. 2011, Ch. 432, Sec. 37. (SB 944) Effective January 1, 2012.)
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL