Anaheim City Council
June 9, 2026

City of Anaheim Citywide Conditional Assessment Project

REQUEST FOR PROPOSAL (RFP)
FOR

CITYWIDE SEWER CONDITIONAL ASSESSMENT PROJECT
ACCOUNT NO.: 592-412-I827-7809

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

Joshua Vargas
Project Manager
(714) 765-5100 x5835
[email protected]

KEY RFP DATES (Subject to change at discretion of City) :

Issue Date: Thursday, January 15
th , 2026
Pre Proposal Meeting: Thursday, January 22 nd , 2026 @ 10:00 AM 2nd Pre Proposal Meeting: Wednesday, January 28 th , 2026 @ 2:00 PM Deadline for Requests for Information: Thursday, Fe bruary 5th , 2026 @ 2:00 PM Proposal Due Date: Thursday, February 12 th , 2026 @ 2:00 PM Proposal Reviews (week of): Monday, February 16 th , 2026 Presentation/Interviews (week of): Monday, February 23 rd , 2026

City of Anaheim Citywide Conditional Assessment Project

NOTICE OF INVITING PROPOSALS

NOTICE IS HEREBY GIVEN that proposals will be recei ved from qualified firms for the Citywide Sewer Conditional Assessment Project.

Request for Information (RFI’s) to this Request for Proposal (RFP) will be accepted until Thursday, January 22 nd , 2026 at 2:00 P.M. 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 OpenGov .

Proposals shall NOT be sent via telegraphic, mail, e-mail or facsimile. Fee proposal shall ONLY be uploaded or sent electronically through OpenGov as a separate pdf from the proposal.

All notifications, updates and addenda will be available online and can be accessed on OpenGov at:
https://procurement.opengov.com/portal/anaheim/projects/216074 Consultants shall be responsible for registering on to OpenGov to obtain information regarding this solicitation. Failure to acknowledge the required addenda may result in a determination of a nonresponsive proposal.

City of Anaheim Citywide Conditional Assessment Project

CITY OF ANAHEIM

REQUEST FOR PROPOSAL (RFP) FOR

CITYWIDE SEWER CONDITIONAL ASSESSMENT PROJECT

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. TIME OF PERFORMANCE
D. REQUEST FOR INFORMATION OR CLARIFICATION
E. ADDENDA
F. LICENSE & PERMITS
G. INSURANCE
H. 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 SEL ECTED CONSULTANT BY THE CITY X. CONSULTANT SELECTION
XI. IMPLEMENTATION
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
C. PUBLIC RECORDS
XII. RIGHT TO REJECT ALL PROPOSALS
XIII. PAY ITEMS
XIV. EXHIBITS
EXHIBIT A: DRAINAGE BASIN MAP
EXHIBIT B: SAMPLE BID LIST
EXHIBIT C: MANHOLE CHECKLIST
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

City of Anaheim Citywide Conditional Assessment Project

CITY OF ANAHEIM

REQUEST FOR PROPOSAL (RFP)
FOR

CITYWIDE SEWER CONDITIONAL ASSESSMENT PROJECT

I. INTRODUCTION

Nature of Work:

The City of Anaheim (City) is seeking consultant(s) to provide CCTV and reporting services for the Citywide Sewer Conditional Assessment Project as shown in Exhibit A.

The City is seeking highly qualified firm(s) that o ffers the technical expertise and depth to assist in the successful project delivery of this conditio nal assessment project. This program will entail all the components required to complete the conditional assessment of the City’s sewer main lines ranging from 6-inches to 33-inches in diameter incl uding, but not limited to; CCTV, cleaning if necessary and approved, conditional assessment repo rts organized by drainage basin as approved, individual pipe inspection reports, identification of “red flag” conditions, sewer geometry and inconsistencies with City data including variat ions in pipe size, material, undocumented manholes, missing manholes, buried manholes, manhole view, rating of pipe condition, ranking of repairs, repair recommendations, identification of emergency needs, manhole observation checklist, and areas recommended for higher frequency cleaning.

Two non-mandatory pre-proposal meetings will be held at the City of Anaheim City Hall 2nd Floor South Conference Room at 200 S Anaheim Blvd, Anahei m 92805. The first is scheduled for Thursday January 8
th at 2PM. The second meeting is scheduled on Wednesd ay, January 14 th at 10AM. Attending one or both meetings is not required to submit a proposal.

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 comp leted Exhibits E, F and I . One (1) Fee Proposal for the project shall be submitted as a separate PDF 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 and shall be made available to any interested party on request.

Department of Industrial Relations Compliance:

City of Anaheim Citywide Conditional Assessment Project

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No consultant or subcontractor may be li sted on a proposal for a Public Works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No consultant or subconsultant may be award ed a contract for public works on a Public Works project 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 submit ted 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.

‘Consultant of subcontractor’ means a firm, corpora tion, 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 Political R eform 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 shall 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 responsibilit ies required by this RFP and that the Consultant is capable of effectively and efficientl y performing quality work to achieve the City’s objectives. Any attachments referenced herei n or any interpretations, clarifications, or amendments subsequently posted in relation to this RFP are fully incorporated.

B. PROPOSAL VALIDITY: Services, pricing, and warran ties indicated in the Consultant’s Proposal must be valid for the duration of the project.

C. PRE-CONTRACTUAL EXPENSES: The City shall not, i n 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, they sho uld do so on a prime-subconsultant basis. The City intends to contract with a single firm not with multiple firms doing business as a joint venture. If subconsultants are used, th e Consultant shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Consultant.

III. INSTRUCTIONS TO CONSULTANTS

City of Anaheim Citywide Conditional Assessment Project

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 assu me responsibility for all services in its proposal. The selected Consultant shall identify a sole point of contact with the greatest knowledge in regard to the required service operati ons and contractual matters, including payment of any and all charges resulting from the Agreement.

The Consultant shall be responsible for collecting and disseminating the data, records, and documents in the preparation of all design documents.

The Consultant is expected to establish and maintai n a close working relationship with City staff throughout the project.

The selected Consultant shall maintain the same Pro ject 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 concentrated effort to maintain the Project Manager in the key managerial position, unless extreme conditions prohibit continuance. Any substitution of the Project Manager will require written City approval.

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 work. No fee adjustment shall be allowed unless it is based on said prior written approval.

C. TIME OF PERFORMANCE

The City and Consultant recognize that time is of the essence as to this project and that City may suffer damages which are difficult to determine and accurately specify, such as lost grant funds, additional contract administration expenses, if the Services are not completed within the time specified in the approved Project Schedule. Consultant and City agree to liquidated damages with respect to Consultant's failure to achieve completion of the Services within the agreed upon project completion time stated in the Notice to Proceed. Consultant acknowledges and agrees that the liquidated damages are intended to compensate City solely for Consultant’s failure to meet the deadline for completion and shall not excuse Consultant from liability from any other breach, including any failure of any of the work to conform to any requirements provided by local, state or federal laws, rules and regulations.

In the event that Consultant fails to achieve completion of the work within the time frame designated in the Project Schedule, Consultant agrees to pay City the following: $ 150 per day for each calendar day that completion of the work is delayed.

City of Anaheim Citywide Conditional Assessment Project

Consultant acknowledges and agrees that the foregoi ng liquidated damages have been set based on an evaluation by City of damages that it will incur in the event of the late completion of the work per the Project Schedule and Scope of S ervices. Consultant and City agree that because of the nature of the Project it would be im practical or extremely difficult to fix the amount of actual damages incurred by City due to a delay in completion of the work.

Accordingly, City and Consultant have agreed to such liquidated damages to fix Consultant’s costs and to avoid later disputes. It is understood and agreed by Consultant that any liquidated damages payable pursuant to this Agreement are not a penalty and represent a fair and reasonable estimate of compensation for losses to b e incurred under the circumstances existing as of the effective date of this Agreement.

It is further mutually agreed that City shall have the right to deduct liquidated damages against progress payments. In the event the remaining unpaid Contract Amount is insufficient to cover the full amount of liquidated damages, Consultant shall pay the difference to City.

Permitting or requiring Consultant to continue and finish the Services or work, or any part thereof, after the deadline for completion shall no t act as a waiver of City’s right to receive liquidated damages hereunder or any rights or remedies otherwise available to City.

The time period(s) specified for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Cons ultant, including, but not restricted to, acts of God or of the public enemy, unusually severe wea ther, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemi cs, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturba nce or disobedience, sabotage, restraint by court order or public authority and action or non-a ction by or inability to obtain the necessary authorization or approvals from any governmental ag ency or authority, and/or acts of any governmental agency, including City, 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 City’s Project Manager in writing of the causes of the delay. The City’s Project Manager shall ascertain the facts and the extent of delay and may extend the time for performing the Services for the period of the enfor ced delay if, in the judgment of the City’s Project Manager, such delay is justified. The City’ s Project Manager's determination shall be final and conclusive upon the Parties to this Agree ment. In the event of delay, however caused, Consultant's sole remedy shall be an extens ion of this Agreement pursuant to this Section and Consultant shall not be entitled to recover damages against City.

D. REQUEST FOR INFORMATION OR CLARIFICATION

All questions or requested clarifications shall be made in writing via the OpenGov Portal. The consultants are prohibited from communicating with any City representative/employee/official/consultant/staff o ther than via the OpenGov Portal. Only questions and answers responded to on OpenGov or any addenda issued on OpenGov will be a part of this RFP solicitation. Consultants may su bmit written questions concerning this RFP on OpenGov per the Key RFP Dates on the title page. Responses may not be provided by the City for all questions received after the deadline date.

City of Anaheim Citywide Conditional Assessment Project

E. 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 addend um or amendment shall be posted in OpenGov.

https://procurement.opengov.com/portal/anaheim/projects/216074

F. 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 provid e a copy to the City Project Manager or designee prior to commencing any work in the City of Anaheim.

The Consultant shall obtain a no cost RCP.

Additionally, the Consultant will be responsible fo r obtaining any licenses/permits required by the Scope of Work(ie. Confined space, Encroachment permits from other agencies, Rail Road as required for traffic control, etc)

G. INSURANCE
The selected Consultant shall be required to mainta in and comply with the insurance coverages, liabilities and provisions of the current Standard Agreement or amendments. See Attachments G and H.

H. CITY RIGHT TO REJECT

The City reserves the right to reject any or all su bmitted proposals when such rejection is in the interest of the City to reject the Proposal. Co nsultants are encouraged to insure that they meet the prerequisites of the RFP, provide a clear record of success, and communicate the ability to perform the work. 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.

IV. BACKGROUND AND DESCRIPTION OF PROJECT
The City has approximately 590 miles of sewer pipel ines ranging in size from 6-inches to 33- inches and 12,300 manholes. The City has performed a limited inspection program in the past and desires to update our inspection and conditional assessment program. Currently the City has one CCTV truck using GraniteNet software and hardware sourced through publicly available vendors.

City of Anaheim Citywide Conditional Assessment Project

This conditional assessment program will integrate into the City’s current GIS and inspection software to facilitate proactive efforts to identif y, prioritize, and compile all pipelines so repairs , improvements, and maintenance and cleaning efforts are focused on the most critical points.

The City is seeking an expert with the resources to complete the work and provide the expertise to facilitate improvement in the city’s understandi ng of the sewer system condition. The selected expert should also share their insight into streamlining future work and focusing City resources on the most urgent need.

V. GENERAL PROJECT REQUIREMENTS AND SCOPE OF WORK

The Proposal should reflect a thorough understandin g of the City’s values and vision.

Incorporating all the necessary guidelines, policie s and requirements, all collectively complementing and integrating with the Anaheim Mast er Plan of Sanitary Sewers (AMPSS), and related City of Anaheim Design Standards and Specif ications. 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-Pla

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.

These components shall be viewed as flexible in ter ms of their scope and order of schedule.

Relative to the project’s completion schedule, the Consultants are expected to submit a detailed work plan/approach, including a one year schedule a nd specific work tasks, through the RFP submittal. The proposed schedule shall include how many miles of pipe the proposed team can perform in one calendar year. The selected Consultants will also be required to submit a final work plan to the City for approval prior to execution of a contract.

The items of work presented should not be considere d exhaustive. Consultants should expand the scope of work based on their experience and knowledge as they see appropriate.

Proposed services shall include, but are not limited to the following items:

1. CCTV system equipment shall conform to Greenbook 2024 edition section 500-3 and include electromagnetic locating equipment accurate to with in 1 foot, a television monitor, cables, power sources, and other equipment. The focal dista nce shall be adjustable through a range from 6 inches (150 mm) to infinity. The remote-read ing footage counter shall be accurate to less than 1 percent error over the length of the pa rticular section of pipeline being inspected.

This distance shall be measured from centerline of the manhole to the centerline of the next manhole. The camera and television monitor shall pr oduce a minimum 350 lines per inch (14 lines/min) telephones, radios, or other suitable me ans of communication shall be set up to ensure that adequate communication exists between members of the crew.

2. The CCTV inspection camera utilized shall be specifically designed and constructed for sewer inspection. The CCTV inspection camera shall be operative in 100 percent humidity conditions.

Lighting for the camera shall minimize reflective g lare. Lighting and picture quality shall be suitable to provide a clear, in focus picture of th e entire periphery of the pipeline for all conditions encountered during the work. 1080p High Definition camera shall be used at a minimum. The CCTV inspection camera shall be mounte d on a skid, floatable raft system, or

City of Anaheim Citywide Conditional Assessment Project

transporter based on the conditions of the pipeline to be televised. Videos shall include digital length counter.

3. Video inspections shall be recorded on a digital storage device and uploaded to the existing city inspection database. All original digital recordings, log sheets, and reports be submitted to the Engineer and will become the property of the City of Anaheim.

CCTV inspection shall be performed utilizing one of the following video camera systems:

a. Push Camera (should only be used when approved i n advance by the city); or b. Pan-and-tilt cameras.

4. The consultant shall televise the pipeline durin g optimum low-flow level conditions. The CCTV inspection camera shall be moved through the pipeline in a downstream direction at a uniform rate, stopping when necessary to ensure proper documentation of the condition, but in no case, shall it be moved through the pipeline at a speed g reater than 30 feet per minute (9m/min). A clear picture shall be provided looking into each s ervice connection. If the CCTV inspection camera will not pass through the entire pipeline se ction, the Consultant shall reset the equipment at the downstream manhole and attempt to inspect the section from the opposite direction. The selected contractor will be compensa ted for the second set up to inspect upstream. If the camera fails to pass through the e ntire section, it shall be assumed that an obstruction exists, Efforts to televise that sectio n of pipe shall be temporarily suspended and the Consultant shall notify the Engineer. Upon removal of the obstruction, the Consultant shall complete the CCTV inspection. If an obstruction is an emergency (Inability to inspect does not always equal emergency), the Consultant shall notify the City within one hour at the emergency number and submit a red flag report.

5. If during inspection, the camera is not able to continue due to collapsed pipe, offset segments, or any other reasons causing continuation impossible, then a secondary set up shall be made at the downstream manhole for a reverse inspection.

6. There are numerous sewer siphons in the City wit h various pipe diameters and radius. CCTV shall be recorded for each siphon.

7. Documentation shall consist of an area wide drai nage basin conditional assessment report compiling all inspections and observations in the d rainage area, color, digital recording, log sheets, and a written report detailing the existing condition of the pipeline and lateral connections/openings. The report shall compile all pipeline inspections in a given drainage basin. Each inspection shall note the time and date of CCTV inspection, street name, upstream and downstream manhole, direction of view, direction of flow, surface material, pipeline length, pipe section length, pipe size, pipe material, loca tion of lateral connections, and a detailed logging of defects encountered. Reports shall also include red flag notifications, buried manholes, any siphons in the basin, geometric inconsistencies, executive summary, and map of pipelines in poor condition. Geometric inconsist encies should include drawings, photos, or a description of what the discrepancy between field conditions and as-built/GIS alignments. If the quality of the digital recording is deemed to be unacceptable by the Engineer, the pipeline shall be re-televised. Additional requirements for performing CCTV inspection shall be as

City of Anaheim Citywide Conditional Assessment Project

shown on the Plans or specified in the Special Provisions. Any rejected work shall be repaired, then inspected by CCTV. Progress reports should at a minimum be submitted monthly.

8. The consultant shall use software approved by th e City. The City currently uses GraniteNet and integration and consistency is important to the City. The City would consider other software that is approved equal and compatible with GraniteNet as determined in the sole opinion of the Engineer, but would require City staff to review and approve the recommended software.

9. The consultant shall provide NAASSCO Inspection training for city staff and consultant teams to ensure all parties are in agreement on how to find and code defects.

10. If the consultant identifies any “red flag” conditions (“red flag” conditions is any emergency or urgent condition that requires quick response) duri ng inspections such as collapsed pipe or major blockages, they are to notify the project man ager as well as Gabe Almanza, 714-765- 6880, Jeff Roncevich, 714-765-6860, and Mark McCarvel, 714765-6860 with City of Anaheim Operations team within 24 hours.

11. If the consultant identifies any geometric inconsistencies in the City provided maps and data, they are to inform the project manager as well as i nclude the identified inconsistency in the report with the specified location and include a sk etch of the inconsistency. Unexposed manholes shall be located on the surface with paint marks when encountered and reported to the City within 48 hours. Unexposed manholes are to be adjusted to surface if directed by the Engineer.

12. While performing inspections, the consultant sh all complete the manhole observation check list (Exhibit C) as well as take and submit a photo of the manhole to submit to the project manager. The photo shall include a north arrow to provide orientation.

13. Conditional Assessment Reports by Drainage Area:

a. Inspections shall conform to 2024 Greenbook Sect ion 500 and National Association of Sewer Service Companies (NASSCO) Pipeline Assessmen t Certification Program (PACP). All inspection operators, conditional assessment evaluators, or training staff shall be certified professionals with NASSCO and have five years of expertise. b. Executive summary shall be presented highlightin g report conclusions, overall drainage area condition, common concerns, ranking of individ ual pipeline conditions, defects per foot, red flag warnings, maintenance recommendation s, repair recommendations, geometric inconsistencies, and manhole conditions.
c. 50% and 90% progress reports shall be submitted to the City for review and all comments shall be addressed for the final report submittal.

14. The consultant is required to coordinate and o btain any applicable permits with outside agencies such as the State of California Department of Transportation (Caltrans), Union Pacific Railroad (UPRR), Orange County Sanitation District (OCSD), County of Orange, and Orange County Transportation Authority (OCTA), Metrolink, and adjacent cities. Any required permit fees can be reimbursed by the City.

City of Anaheim Citywide Conditional Assessment Project

15. Traffic control methods and plans:

a. Shall conform to the requirements of the Manual of Uniform Traffic Control Devices (MUTCD) (latest editions) and Work Area Traffic Con trol Handbook (WATCH Manual) (latest editions) at a minimum. The Consultant shal l work with the City’s Project Manager to coordinate work locations prior to submitting the plans for permitting.

b. Traffic Control Plans will be required for the f ollowing

• Any street categorized as Arterial, collector, sma rt street, or expressway • Any location that impacts more than one lane of tr avel • Any location determined to require traffic control plans by the City Traffic Engineer or his designee
• Any location that crosses into adjacent cities and /or Caltrans right of way. • Any location containing railroad tracks
• Any location affecting the safe operation of a tra ffic signal • Any location that eliminates a direction of travel

The Consultant is to incorporate the costs/effort ( unless as otherwise stated/clarified to be inclusive of NO FEE PERMIT in various sections of this RFP) required to design, process, permit (goPost/EPR permit requirements at found here;
https://anaheim.eplansoftreview.com/#/login?portal=anaheim ), implement, and obtain approval(s) from key stakeholders (private, local, state, feder al, etc…) necessary to safely and effectively complete the scope of work as outlined in the Reque st for Proposal (RFP) or other authorized work. The Consultant shall also be responsible for adhering to all the requirements in the EPR system for all submittals as required to obtain permit approval. The City shall issue a no-fee permit for work within the City’s Right-of-Way. All work s hall be included in the task for Traffic Control.

Propose a “not-to-exceed” dollar amount.

The Consultant must attend the Traffic Management Center (TMC) Meetings as necessary to schedule work in the resort area.

16. Night work shall have flood lights on work area only, flashing beacons on traffic control devices, and proper reflectorized equipment to the satisfaction of the inspector.

17. Door hangar notifications must be sent to all residents within 500 feet of night work two weeks in advance but no more than two months in advance.

18. Consultant must obtain a right of entry for access to easements when property owners could be impacted. Notify the City 30 days in advance.

19. Consultant shall schedule monthly meetings with the City to review progress and discuss any issues and schedules. Meeting minutes shall be provided subsequently following the meeting.

City of Anaheim Citywide Conditional Assessment Project

20. Time is of the essence. The project schedule s hall firmly conform to the following City schedule:
a. The Conditional Assessment project shall be comp leted within sixty (60) months after the Notice-To-Proceed is issued.

21. Provide a sample of your previous work as part of your proposal package.

VI. SERVICES TO BE INCLUDED

A. Monthly progress meetings with City Staff, inclu ding preparation of meeting agenda, updated schedules, project reports and minutes of each meeting to subsequently follow each meeting.

B. Scheduling, notices and compilation of informati on for distribution to the public. Coordination and attendance at Public Outreach meetings as required throughout all phases of the project.

C. Traffic control required to complete services, p roject management, coordination with outside agencies for permitting as needed, evaluation of pipe condition, prioritization of needed repairs.

D. It is the Consultant’s responsibility to researc h, collect and verify all information such as existing records and documents including documents furnished by the City in order to complete the project(s) on schedule and within budget.

E. Final and progress reports, video files, photos, electronic data, any submittals in certain formats (i.e electronic data, video, etc...)

VII. SUBMITTAL REQUIREMENTS

A. GENERAL

1. Deadline(s): Proposals are due to the City of An aheim, at the date, time, and location set forth above in the Notice Inviting Proposals an d Key RFP Dates.

2. Documents required as part of the Request for Pr oposal: Agreement Statement, Firm and Team Experience and Resumes.

B. PROPOSAL CONTENTS
All proposals shall be limited to a MAXIMUM of 20 pages , including the resume, cover letter, proposed equipment dedicated for the project, references, appendices, charts, pictures, tables, schedule, and resource allocation table but excluding front and back covers, section dividers, addendum acknowledgements, fee proposal, and Designation of Sub-Contractors Form. With the exception of the Schedule and Resource Hour All ocation Table, which may be on single- sided Tabloid paper size (11”x17”), the Proposal sh all 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 of ficer, or employee of the City has been or

City of Anaheim Citywide Conditional Assessment Project

shall be compensated, directly or indirectly in con nection with this proposal or any work connected with this proposal. The Conflict of Inter est Form is not part of the page limit for the Proposal.

This project is subject to compliance monitoring an d enforcement by the Department of Industrial Relations.

No consultant or subcontractor may be listed on a p roposal for a Public Works project (submitted on or after March 1, 2015) unless regist ered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.`
No consultant or subcontractor may be awarded a contract for a Public Works 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 with this Request for Proposals shall be completed and submitted with the Proposal. Failure to submit shall be deemed non-responsive and may be just cause for the rejection of the proposal.

Consultant or subcontractor’ means a firm, corporation, partnership, or association who will be substantially responsible or will engage in the per formance of any contract for Public Works project, subject to labor compliance program as det ermined 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 t hat has been wet signed by a principal or authorized representative who can make legally 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 minimum, this should include the project manager/principal agent, associates in charge 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/p rincipal agent shall be the primary contact person to represent your firm. Provide a de monstrated 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 out line should include anticipated approach, tasks necessary for successful completion , and suggestions or special concerns that the City should be made aware of base d on preliminary field/record investigation.

d. Relevant Project Experience: Proposal shall incl ude 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. Pr oject information should include

City of Anaheim Citywide Conditional Assessment Project

project description, year completed, client name, a long 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 t he Proposer’s approach to ensure quality work and an on-time product delivery. Discuss procedures in handling City plan check reviews and addressing these comments, avoidi ng 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 RFWOP, if applicable. The detailed schedule shall identify al l pertinent tasks, time required to complete each task, milestones, time for City revie w (use fifteen (15) calendar days for each review).

The Resource Hour Allocation Table shall show the amount of time allotted for the Project Manager, Project Engineer, and other team members f or the project as well as the total estimated working hours proposed to complete the pr oject for the prime and all sub- consultants. Show only the number of the total esti mated 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.

C. FEE PROPOSAL

1. The Consultant’s fee proposal shall be submitted concurrently with the technical proposal, but in a separate PDF, 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.

2. A “time and materials” not-to-exceed fee shall i nclude 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 f or each task. A list of fees and expenses, including all incidental printing, photoc opying and miscellaneous costs estimated to be accrued during the life of the cont ract must be provided in the reimbursable costs. A complete Work Breakdown Struc ture (WBS) and Earned Value Chart shall also be provided and used to monitor mo nthly progress payments. Total proposed fees, including the consultant’s and any s ub-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 dura tion of the project. The selected

City of Anaheim Citywide Conditional Assessment Project

Consultant will work with the City to come up with a Work Breakdown Structure and Earned Value Chart that fits the project needs. Mil eage will not be included in time and materials. Mileage can be expected in the cost per CCTV footage.

3. In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on fil e with the Public Works Department and shall be made available to any interested party on request.

VIII. GENERAL INFORMATION

A. The proposal submitted by the Consultant is requ ired 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 n ot 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, I tems A and B) is not abided by, the City may deem the proposal as non-responsive.

D. The Consultant shall be responsible for collecti ng and disseminating the data, records, and documents in the preparation of all design documents.

E. The Consultant is expected to establish and main tain a close working relationship with City staff throughout the project.

F. All data, documents, or other products utilized/developed in the preparation of the assessment, shall become property of the City upon completion of the project.

G. Two optional pre-proposal meetings will be held before the bid date at 400 E Vermont Ave, Anaheim, CA 92805. The first meeting will be on Thu rsday, January 22 nd at 10:00AM. The
second meeting will be on Wednesday, January 28 th , at 2:00PM. Attending one or both of these meetings is not required to submit a proposal.

IX. INFORMATION/SERVICES TO BE FURNISHED TO THE SEL ECTED CONSULTANT BY THE CITY

A. All available related master plans of sanitary s ewers are available on 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 reque sted.

City of Anaheim Citywide Conditional Assessment Project

It is the Consultant’s responsibility to verify all information furnished by the City in order to complete the project on schedule and within budget.

X. CONSULTANT SELECTION

An internal Review Board selected by the City will review the proposals received. The final ranking of the consultants will be based upon qualifications, based on criteria below. 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 neg otiate a contract, the City may terminate negotiations and initiate negotiations with the next most qualified firm.

XI. IMPLEMENTATION

A. 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.
10 MAX
Demonstrated record of success by the project
manager/engineer on similar work previously
performed.
10 MAX
The specific method, resource allocation, and
techniques to be employed by the consultant on the
project or problem.
30 MAX
Quality Control 10 MAX
Reasonableness of fee 25 MAX
Interview (if necessary) ( To be determined based on the evaluation of the proposals )

City of Anaheim Citywide Conditional Assessment Project

a. A kick-off meeting will be held with the awarded Consultant. Consultant and its team will meet with City of Anaheim staff to conduct int roductions, discuss scope of services, and the implementation process.

B. NOTICE TO PROCEED
a. A formal Notice to Proceed (NTP) will be issued as the official approval for the Work, preceding the kick-off meeting.

C. PUBLIC RECORDS
a. All responses to the RFP shall become property o f 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 s ubmitted proposals when such rejection is in the interest of the City to reject the Proposal of the Consultant who has not met the prerequisites of the RFP, who has previously failed to perform prope rly or complete contracts of similar nature timely; and to reject the proposal of the Consultan t who is, in the opinion of City, in a position unable to perform the contract. The City also rese rves the right to waive any information and technicalities in the RFP. All costs incurred in t he preparation of the proposal, in the submission of additional information and/or in any other aspec t 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.

XIII. PAY ITEMS

See Exhibit B for sample Bid List.

The consultant shall fill out, add any necessary it ems, and submit the bid list as part of their proposal.

10.6miles 14.5miles

9.65miles13.0miles12.5miles11.5miles11.0miles

9.07miles13.6miles16.4miles

13.3miles

11.9miles11.1miles12.5miles

14.7miles

16.5miles9.48miles 11.5miles12.4miles11.5miles11.8miles

12.2miles14.0miles14.5miles11.5miles11.5miles11.0miles

14.5miles12.0miles14.5miles

8.0miles10.0miles12.8miles10.0miles8.0miles

10.5miles13.0miles14.8miles11.6miles 11.5miles

10.5miles9.0miles11.8miles14.5miles

14.7miles15.9miles15.1miles

9.70miles14.3miles

12.2miles

13.8miles13.2miles

13.6miles12.5miles13.1miles

12.6miles15.1miles

10.8miles14.4miles7.76miles

EXHIBIT B

SAMPLE BID LIST

Note: If needed, add items to bid list with a description and include in proposal submittal.

Item No. Item Description Unit Unit Price
1 Project Management Monthly
2 Traffic Control Daily
3 Push Camera Inspection Feet
4 Inspections for pipes under 6-inches Feet
5 Inspections for pipes 6 to 12-inches Feet
6 Inspections for pipes 15 to 21-inches Feet
7 Inspections for pipes 24 to 30-inches Feet
8 Inspections for pipes greater than 30-inches Feet
9 Set up for reverse inspection Each
10 Manhole Inspection (Exhibit C) Each
11 Conditional Assessment Report for each
Drainage Basin
Each
12 Pre-CCTV Cleaning Feet
13 Adjust Manhole Each

Manhole Assessment Form

Manhole Name: ____________________________________________

Street: ___________________________________________________

Travel Lane Location:

Left Turn Lane ___ | Right Turn Lane ___ | Through Lane ___ | Median Lane ___

Locked ___ | Unlocked ___

Material:

Brick ___ | Concrete ___ |Epoxy ___

Manhole Size:
4 in. ___ | 6 in. ___ | 24 in. ___ | 36 in. ___ | 48 in. ___ | 60 in. ___ | 72 in. ___

Manhole Cover Condition: ___________________________________

Steps / Ladder Condition: ____________________________________

Draw Inlet/Outlet Location
& Direction of Flow Below Date & Time Surveyed: _____________

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 p rocedure 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 Facility 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 grant a more efficient and exped ited process 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

EXHIBIT D
City Hall Contact Procedures
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 unde r the consultant agreement to evaluate any potential conflict of interests and follow the provisions of the conflict of interest requirements as set forth in Section 22 of the consultant agreement. Be advised that a prohibited conflict of interest may void any award where it exists.

I, the undersigned, hereby certify that I have reviewed and understand the above paragraph, and in furtherance of the foregoing, I have evaluated and caused my company's employees and subconsultants to evaluate any potential co nflict 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
EXHIBIT "F"

EXHIBIT F

DESIGNATION OF SUB-CONTRACTORS
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EXHIBIT "G"

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:
(;+,%,7 G

INSURANCE REQUIREMENTS
CityofAnaheimConditionalAssessments
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3DJH1
“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 Cypress,Resh,andCitronSewerImprovements
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3DJH2
Vermont Street Alleys Sanitary Sewer Improvement
Exhibit "H"

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.

Cypress,Resh,andCitronSewerImprovements
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3DJH
Vermont Street Alleys Sanitary Sewer Improvement
Exhibit "H"

day of

A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only this , 2020, 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, AN AHEIM is a municipal corporation 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 State 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 provide 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:

EXHIBIT "H"

EXHIBIT H

SAMPLE AGREEMENT

EXHIBIT "H"

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) Rela tive feasibility studies, research, field studies and surveys, flow monitoring, incorporation of best management practices and Preliminary Design Report (PDR); (3) QA/QC plan; (4) management data files in a form usable by the City of Anaheim; (5) hard copi es of the report that meet the City requirements; and (6) on- going support as needed 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 because 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 enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litiga tion, 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 commenc ement 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

EXHIBIT "H"

performing the Services for the period of the enforced 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 Parties 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 amou nt 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, that 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 Work 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 CONSULTANT of such approval and agreement in writing, CONSULTANT shall perform the Extra Work.
.03 Except as specifically provided herein, no additional Servic es or Extra Work beyond the scope of this Agreement 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 which 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 t hat 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 shal l submit monthly invoices to ANAHEIM describing the work performed the preceding month. CONSULTANT’s bills shall include the name of the

EXHIBIT "H"

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 CONSULTANT no later than thirty (30) days after approval of the monthly invoice by ANAHEIM staff.

4.5 All Parties recogni ze that the continuation of this Agreement after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30 of each year, shall be subject to budget approval providing for or covering such contract items as an expenditure in said budget. ANAHEIM does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adop tion 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, serv ices provided, monies paid and monies due.

5. PROJECT MANAGER

5.1 CONSULTANT shall designate a Project Manager, who shall 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 experience, knowledge, capability and reputation of the foregoing Project Manager is a substantial inducement for ANAHEIM to enter into this Agreement. Therefore, the foregoing Project Manager shall be responsible during the Te rm 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. CONSUL TANT 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 authorized to take any and all actions on behalf of ANAHEIM as set forth herein and to terminate services in accordance w ith Section 25 of this Agreement.

EXHIBIT "H"

(ii) The Project Administrator is authorized to take those specific actions set forth herein and review and approve all Services 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 an d 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, qualificatio ns, insurance and approvals of whatsoever nature that is legally required of CONSULTANT to practice its profession. 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 should be provided; and (iii) fully understands the facilities, difficulties and restrictions attending the provision 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 contr ol over the manner, mode or means by which CONSULTANT, its agents or employees, perform the services required herein, except as otherwise set forth herein. Except as expressly provided herein, ANAHEIM shall have no voice in the selection, discharge, supervision or control of CONSULTANT's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. CONSULTANT shall 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 obligations as are consistent with that role.

CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of ANAHEIM. A NAHEIM 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 shall 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 and 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 commencing 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 G eneral Liability Insurance, i ncluding cov erage 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 a n occurrence form. 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 $10,000 per occurrence, 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 autos, 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 maintain 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 disclosed 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 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."

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 i s a greed t hat any i nsurance maintained b y C ONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim."

EXHIBIT "H"

.02 "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."

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, 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.

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 CONSULTANT'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

EXHIBIT "H"

EXHIBIT "H"

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.

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, to the extent 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 A greement.

11.2 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 ISO -based general 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 aga inst 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 indemnification provision (i) shall be in effect wi thout regard t o 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.

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 Subcontractor, 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 the 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.

EXHIBIT "H"

13. PROGRESS
CONSULTANT is responsible f or keeping the Project Administrator and/or his/her duly authorized designee informed on a regular 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 such consent shall be void as to ANAHEIM. If ANAHEIM approves an assignment or transfer, 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 authorization of ANAHEIM. CONSULTANT shall be fully responsible to ANAHEIM for all acts and omissions of any approved subcontractor. Nothing in this Agreement shall create any contractual relationship between ANAHEIM 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 subcontractor other than as otherwise required by law. ANAHEIM is an intended beneficiary of any work performed by any 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 remain the property of ANAHEIM and shall be returned to ANAHEIM upon termination of this Agreement, for any reason. All documents or mate rial 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 materi als in its discretion without further compensation to CONSULTANT or any other party. CONSULTANT shall, at CONSULTANT's sole cost and expense, 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 writ ten authorization 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 ANAHEIM 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 provided under this Agreement, shall be kept confidential by CONSULTANT unless ANAHEIM authorizes, 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 invoices in connection with the work to be performed under this Agreement. CONSULTANT shal l maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to ANAHEIM, for a minimum 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 shall be clearly identifiable. CONSULTANT shall allow a representative of ANAHEIM to examine, audit 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 withholding. CONSULTANT shall have an immediate right to appeal to the City Manager or his Designee with 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.

EXHIBIT "H"

EXHIBIT "H"

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 that 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) requires 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 participating 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 notice s, 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 and 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, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same 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 obligation for a period of thirty (30) days after receipt of written notice from CONSULTANT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of ANAHEIM's obligation is such that more than thirty (30) days are required 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 CONSULTANT's Default. CONSULTANT shall not be deemed to be in Default in the performance of any obligation required to be performed by CONSULTANT hereunder unless and until CONSULTANT has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from ANAHEIM specifying in reasonable detail the nature and extent 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

EXHIBIT "G"

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 equipment 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 hereinafter 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 agreemen t of ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement, statement or promise made by either ANAHEIM or CONSULTANT which is not contained herein, shall be valid or binding. No prior agreement, 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 decision 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 approve d as to form by the City Attorney.

EXHIBIT "H"

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 and 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 impairing 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 covenant, 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 this 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, marital status, handicap, ancestry, national origin or other prohibited basis in its provision 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 Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, 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.

EXHIBIT "H"

EXHIBIT "H"

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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EXHIBIT "H"

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

EXHIBIT I

EXHIBIT "I"