C I T Y O F M E R C E D
REQUEST FOR PROPOSALS (RFP)
2025 URBAN WATER MANAGEMENT PLAN
The City of
Merced Public Works Department inv ites your proposal to provide engineering services to prepare an updated 2025 Urban Wate r Management Plan (UWMP) in acco rdance with California Water Code Sections 10610-1065 6 and the Department of Water R esources (DWR) 2025 UWMP Guidebook.
The proposer shall provide the services in close cooperation with the City.
The selected Consultant will be expected to demonstrate technical expertise, effective project management, and familiarity with DWR’s reporting systems and associated water use efficiency programs.
You are hereby invited to submit a proposal based upon the requirements and conditions set forth in this RFP.
Proposal Submission:
Three (3) copies of the completed proposal must be submitted no later than 4:30 p.m. on Tuesday,
December 2, 2025.
Fee Proposal:
One (1) copy
of a separate fee proposal must be submitted in a separate, sealed envelope marked “RFP for 2025 Urban Water Management Plan.”
Mailing Instructions:
Debbie Forte
Water Conservation Coor
dinator
City of Merced Public Works
1776 Grogan Avenue
Merced, CA 95341
Inquiries:
Questions pertaining to this
RFP should be directed in writing, no later than 72 hours prior to proposal submission to:
Debbie Forte, Water Conservation Coordinator, phone number (209) 385-8892, email [email protected]
Attachment 1
Request for Proposals
2 TABLE OF CONTENTS
Objective ......................................................................................................................................3 Scope of Services .........................................................................................................................3 Method of Compensation .............................................................................................................4 Special Issues and Requirements .................................................................................................5 Proposal Content ..........................................................................................................................5 Proposal Selection ........................................................................................................................6 Protest Process .............................................................................................................................7 Public Record ...............................................................................................................................8 Withdrawal of Proposals ..............................................................................................................9
Attachments:
A. Form of Agreement
Request for Proposals
3 OBJECTIVE
The City of Merced Public Works Department (“City”) is seeking a qualified Consultant to provide engineering services to prepare and submit an updated 2025 Urban Water Management Plan (UWMP) in accordance with California Wate r Code Sections 10610-10656 and the Sustainable Water Use and Demand Reduction provisions (Water Code Section 10608 et seq.).
The Consultant shall update the City’s 2020 UWMP and Water Shortage Contingency Plan (WSCP) to reflect current water supply conditi ons, demand trends, and regulatory requirements, and ensure consistency with the Department of Water Resources (DWR) 2025 UWMP Guidebook for Urban Water Suppliers.
The UWMP will serve as a l ong-range planning document to guide the City’s water supply reliability, conservation, and drough t response strategies. The Consulta nt shall assist the City in public outreach, coordination with regional partne rs, and final submittal of the adopted UWMP and WSCP to DWR by the July 1, 2026 deadline.
SCOPE OF SERVICES
TASK 1 – Project Management and Administration
The Consultant shall provide comprehensive project management services to ensure successful completion of the 2025 Urban Water Management Plan (UWMP) within budget and schedule. This task includes oversight of the project team, qual ity assurance/quality control, coordination with the City, and tim ely delivery of all project milestones. The Consultant shall be responsible for monito ring progress, contro lling costs, managing subconsultants (if applicable), and maintaining communication with the City’s project manager throughout the duration of the contract.
TASK 2 – Obtain Information and Coordination with the City
This task includes a project kickoff meeting wi th City staff to review the project scope, deliverables, schedule, and data needs. The Consultant shall maintain ongoing coordination with City staff through subsequent meetings , as needed, to conf irm data accuracy and address information gaps.
Following the kickoff meeting, the Consultant shall obtain and review the necessary information to prepare the required UWMP. The City shall provide the Consultant with the existing 2020 Urban Water Management Plan along with relevant and available DWR review comments, and City plans, studies, an d information concerni ng the project. The 2020 Urban Water Management Plan and attachments may be viewed online at https://www.cityofmerced.gov/utilities-services/water/urban-water-management-plan.
Request for Proposals
4 TASK 3 – Prepare Urban Water Management Plan
Based on initial review and discussions with Department of Water Resources (DWR) staff and City staff, the consultant will prepare the UWMP in a format meeting the current DWR guidelines and the California Urban Water Management Planning Act for the presentation to the public and submission to DWR. The Consultant shall en sure the plan addresses all statutory requirements and in corporates current and pr ojected water supply, demand, conservation measures, and water shortage contingency planning.
The Consultant shall prepare an Administrative Draft, Public Review Draft, and Final UWMP. Each version shall be provided to the City for review and comment prior to proceeding to the next stage. The Consu ltant shall respond to City comments and incorporate revisions as appropriate.
TASK 4 – Water Shortage Contingency Plan - Water Conservation Ordinance
Review the City’s water conservation ordinance to ensure that it meets with State requirements. In the event the City’s ordinance needs to be updated according to State guidelines, assist with the preparation of the revisions to the ordinance and the Water Shortage Contingency Plan. The current water conservation ordinance can be found in Chapter 15.42 – Water Conservation Regulation, of the Merced Municipal Code and may be viewed online at
https://library.municode.com/ca/merced/codes/code_of_ordinances?nodeId=TIT15PUSE _DIVIIWASY_CH15.42WACORE.
TASK 5 – Public Hearing, Adoption and Submission Assistance
Assist with the presentation of the completed 2025 UWMP to the public and City Council for the required public review, Public Hearing, and adoption. Submit the adopted plan to DWR no later than July 1, 2026.
METHOD OF COMPENSATION
Any necessary services outside the scope of the work must be identified and approved in advance by the City of Merced Public Works Director or his designee. In addition, no change orders or contract amendments will be considered without prior authorization from the City Public Works Director or his designee.
Payments, upon invoice, will be made monthly based on actual hours worked or otherwise agreed upon fee structure. Invoicing shall include a detail of costs for work performed during the payment period, a summary of current invoice amounts, previous payments, and total payments to date.
Request for Proposals
5 SPECIAL ISSUES AND REQUIREMENTS
Form and Execution of Contract. Attachment A is the form of the contract ( Agreement for Professional Services – Design Professional) the successful proposer will be expected to execute.
Any exceptions to the form of th e contract must be clearly stated in th e proposal and may be grounds for being declared non-responsive.
Labor Code. The Consultant shall comply with Sections 3700 et se q. of Labor Code of the State of California, requiring every employer to be insured against liability for worker’s compensation.
Civil Rights Laws. Consultant, its employees, and any subcontractors shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and all other applicable non-discrimination civil rights requirements.
Insurance. The Consultant shall also meet the insurance requirements in Section 9 of the contract, including liability insurance in the amount of $1,000,000, naming the City as additional insured.
Conflict of Interest. The Consultant must be aware of and comply w ith conflict of interest rules included in the California Political Reform Act, and Section 1090 et. Seq. of the Government Code.
The Political Reform Act requires City/Agency officers and committee members to file statements of interest and abide by a Conflict of Interest Code. Section 1090 limits or prohibits a public official from contracting with a body of which an official is a member. Section 1090 applies even where the officer only reviews the contract for the approving body.
City of Merced Business License. Consultant shall obtain and maintain a City of Merced Business license throughout the contracted period.
PROPOSAL CONTENT
The City requires the proposer to submit a concise proposal cl early addressing all of the requirements outlined in this RFP; it must contain information covering the following topics:
a. Cover Letter. The RFP shall include a cover letter signed by the team representative authorized to sign contracts stating interest and ability to perform the work, and ability to perform to schedule (through July 1, 2026).
b. Experience and Services. The RFP shall list and describe previous experience and expertise with providing Urban Water Management Plan services at a scale comparable to this RFP.
c. Project Team and Key Personnel. Identification of the key team members, including brief descriptions of their roles and experience relevant to preparing UWMPs.
d. Project Understanding. The RFP shall include a summary of the teams understanding of the services to be provided to the City of Merced as well as any recommendations Request for Proposals
6 regarding additional services. A detailed schedule of meetings, public hearings and deliverables should be included so that the deadline of July 1, 2026 submission to DWR is met.
Compliance with 2025 UWMP guidebook. Demonstrate familiarity with and approach to meeting the Urban Water Management Plan Act requirements and DWR 2025 UWMP Guidebook.
e. Special Requirements. The RFP shall include a statement of understanding and compliance with the special requirements listed herein.
f. References. The RFP shall include information on three (3) references that may be contacted to discuss the reference’s experience with the team; include telephone number and email address.
g. Fee Estimates. Each proposal shall include a fee estimate for providing services and must be contained in a sealed envelope separate from the proposal. Specify hours by billing grades, hourly rates, costs by task, details of any other charges, a not-to-exceed for each task, and the total.
PLEASE NOTE: The City does not pay for services in advance. Therefore, do not propose contract terms that call for upfront payments or deposits.
PROPOSAL SELECTION
RFP submittal will be reviewed for completeness and qualifications by City representatives. The City representative will negotiate with the top-ranked proposer(s) to determine the final award.
This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right, without qualification, to:
Select any proposal when such action is considered to be in the best interest of the City; Reject any and all proposals;
Issue subsequent Requests for Proposals;
Postpone opening for its own convenience;
Approve or disapprove the use of particular subcontractors; Accept other than the lowest offer;
Exercise discretion and apply its judgment with respect to sel ection of any proposals submitted;
Waive informalities and irregularities in the Proposals; Negotiate with any, all or none of the Proposers;
Select proposals, based on initial proposals received, wi thout discussion or after detailed discussions or contract negotiations;
Request for Proposals
7 Enter into an agreement with another Propos er in the event the originally selected Proposer defaults or fails to execute an agreement with the City.
An agreement shall not be binding or valid w ith the City unless and until it is executed by authorized representatives of the City and of the Proposer.
PROTEST PROCESS
Potential bidders, proposers, contractors, and sub-contractors wishing to protest or appeal a procurement or contracting decision made by the Purchasing Division must follow the procedures provided by this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.
PROTEST SUBMISSION
(1) Any interested party (actual or prospective bidder or proposer) may file a written protest with the Purchasing Supervisor (PS) no later than five (5) working days after the date of mailing a Notice of Intent to Award (NIA).
(2) The written protest may be delivered in person or via certified mail to the PS at Purchasing Division, 2525 O Street, Merced, CA 95340.
(3) The protest must be physically received by the PS by 4:00 p.m. PST, by the fifth day during the protest period.
(4) The protest filed with the PS shall meet the following prerequisites:
a. The name, address, and business telephone number of the protestor. b. Identify the project under protest by name, RFP/quotation/bid number, and RFP/quotation/bid date.
c. Contain a concise statement of the grounds for protest; however, the RFP or bid procedures (including evaluation criteria) shall not constitute grounds for protest. Concerns related to those issues must be raised and addressed prior to the bid or proposal opening date to allow adjustments before evaluation of bids or proposals.
d. Include all supporting documentation, if any. Documentation submitted after filing the protest will not be considered during review of the protest or during an appeal.
Request for Proposals
8 PROTEST REVIEW AND APPEAL
(1) Upon receipt of a protest, the PS shall review all the submitted materials and shall create and retain a written record of the review. The PS shall respond in writing at least generally to each material issue raised in the protest not later than ten (10) working days after receipt of the protest.
(2) If the protested procurement involves federal funds, the PS shall give notice to the interested party that he or she has the right to appeal to the appropriate federal agency which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested parties.
(3) The PS’ decision may be appealed in writing to the City Manager (CM) or his or her designee(s), with a copy to the PS, not later than ten (10) working days after the date the PS’ decision is mailed to the protesting party. A bid appeal review committee comprised of the CM or designee, and any other person(s) he or she selects shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the PS. The appealing party may be represented by legal counsel, if desired. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation. The decision of the bid appeal review committee shall be final.
(4) If the protested procurement involves federal funds, interested parties may have the right to appeal to the appropriate federal agency. When applicable, the PS shall give notice to the interested party that he or she has the right to such an appeal and shall identify the federal agency by name and address. When applicable, an appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested parties.
The City will not request authorization to award the contract until the protest process is completed.
PUBLIC RECORD
Responses to this RFP become the exclusive property of the City of Merced. At such time as the Public Works Department recommends a firm to the City Council, all proposals received in response to this RFP becomes a matter of public r ecord and shall be regard ed as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainl y marked as “Confidential,” “Trade Secret,” or “Proprietary”.
The City shall not in any way be liable or responsible for the disclosure of a ny such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Re cords Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.
Request for Proposals
9 Although the California Public Records Act recogni zes that certain conf idential trade secret information may be protected from disclosure, the City of Merced may not accept or approve that the information that a Proposer submits is a trad e secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the City shall provide the Proposer who submitted the inform ation with reasonable notice to allo w the Proposer to seek protection from disclosure by a court of competent jurisdiction.
WITHDRAWAL OF PROPOSALS
A Proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in the RFP by deliverin g a written request for withdrawal signed by, or on behalf of, the Proposer.
All proposals shall be submitted in writing . Any exceptions to the requirements stated herein shall be clearly stated in the submittal and may be grounds for being declared non-responsive.
All correspondence or communications in reference to this RFPs shall be directed to:
Debbie Forte
Water Conservation Coordinator
City of Merced
1776 Grogan Avenue
Merced, CA 95341
(209) 385-8892
[email protected]
All cost for preparation of the submittals shall be borne by the applicant, and submittals received shall become the property of the City, whether a ccepted or rejected. Incomplete submittals may be rejected as non-responsive. The City reserves the right to reject any and all proposals submitted in response to the RFP.
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1 DESIGN PROFESSIONAL SERVICES AGREEMENT
TH
IS AGREEMENT is made and entered into this ____ day of
____________, 20__, by and between the City of Merced, a California Charter Municipal Corporation, whose address of record is 678 West 18th Street, Merced, California 95340, (hereinafter referred to as “City”) and , a Please Select, whose address of record is , (hereinafter referred to as “Consultant”).
W
HEREAS, City is undertaking a project to ; and,
W
HEREAS, Consultant represents that it possesses the professional skills to provide services in connection with said project.
NOW
, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, hereby agree as follows:
1. S
COPE OF SERVICES. The Consultant shall furnish the following se
rvices: Consultant shall provide the services described in Exhibit “A” attached hereto.
No a
dditional services shall be performed by Consultant unless approved in advance in writing by the City, stating the dollar value of the services, the method of payment, and any adjustment in contract time. All such services are to be coordinated with City and the results of the work shall be monitored by the or designee. However, the means by which the work is accomplished shall be the sole responsibility of the Consultant.
2. TI
ME OF PERFORMANCE. All of the work outlined in the Scope of Services shall be completed in accordance with the Schedule outlined in Exhibit “Please Select” attached hereto and incorporated herein by reference. By mutual agreement and written addendum to this Agreement, the City and the Consultant may change the requirements in said Schedule.
3. T
ERM OF AGREEMENT. The term of this Agreement shall
c
ommence upon the day first above written and end on , 20 .
4. C
OMPENSATION. Payment by the City to the Consultant for actual se
rvices rendered under this Agreement shall be made upon presentation of an invoice detailing services performed under the Scope of Services, in accordance ATTACHMENT 1
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2 with the fee schedule set forth in Exhibit “Please Select” attached hereto and incorporated herein by reference. The Consultant agrees to provide all services required under the Scope of Services in Exhibit “A” within the compensation amount set forth in Exhibit “Please Select”. For Consultant’s services rendered under this Agreement, City shall pay Consultant the not to exceed sum of $ .
5. METHOD OF PAYMENT. Compensation to Consultant shall be paid by the City after submission by Consultant of an invoice delineating the services performed.
6. RECORDS. It is understood and agreed that all plans, studies, specifications, data magnetically or otherwise recorded on computer or computer diskettes, records, files, reports, etc., in possession of the Consultant relating to the matters covered by this Agreement shall be the property of the City, and Consultant hereby agrees to deliver the same to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials including but not limited to those set forth hereinabove, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
7. CONSULTANT’S BOOKS AND RECORDS. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. Any records or documents required to be maintained shall be made available for inspection, audit and/or copying at any time during regular business hours, upon oral or written request of the City.
8. INDEPENDENT CONTRACTOR. It is expressly understood that Consultant is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Consultant shall be responsible for the payment of all taxes, workers’ compensation insurance and unemployment insurance. Should Consultant desire any insurance protection, the Consultant is to acquire same at its expense.
In the event Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City,
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3 Consultant shall indemnify, protect, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
9. INDEMNITY.
A. Indemnity for Professional Liability. When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.
B. Indemnity for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
10. INSURANCE. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense, the following insurance coverage:
a. Workers’ Compensation Insurance. Full workers’ compensation insurance shall be provided with a limit of at least One Hundred Thousand Dollars ($100,000) for any one person and as required by law, including Employer’s
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4 Liability limits of $1,000,000.00 per accident. The policy shall be endorsed to waive the insurer’s subrogation rights against the City.
b. General Liability.
(i) Consultant shall obtain and keep in full force and effect general liability coverage at least as broad as ISO commercial general liability coverage occurrence Form CG 0001.
(ii) Consultant shall maintain limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage.
(iii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects liability arising out of work or operations performed by or on behalf of the Consultant.
(iv) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
(v) Consultant shall maintain its commercial general liability coverage for three (3) years after completion of the work and shall add an additional insured endorsement form acceptable to the City naming the City of Merced, its officers, employees, agents and volunteers for each year thereafter for at least three (3) years after completion of the work. Copies of the annual renewal and additional insured endorsement form shall be sent to the City within thirty (30) days of the annual renewal.
c. Automobile Insurance.
(i) Consultant shall obtain and keep in full force and effect an automobile policy of at least One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
(ii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects
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5 automobiles owned, leased, hired or borrowed by the
Consultant.
(iii) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
d. Professional Liability Insurance. Consultant shall carry professional liability insurance appropriate to Consultant’s profession in the minimum amount of One Million Dollars ($1,000,000). Architects and engineers’ coverage is to be endorsed to include contractual liability.
e. Qualifications of Insurer. The insurance shall be provided by an acceptable insurance provider, as determined by City, which satisfies all of the following minimum requirements:
(i) An insurance carrier admitted to do business in California and maintaining an agent for service of process within this State; and,
(ii) An insurance carrier with a current A.M. Best Rating of A:VII or better (except for workers’ compensation provided through the California State Compensation Fund).
f. Certificate of Insurance. Consultant shall complete and file with the City prior to engaging in any operation or activity set forth in this Agreement, certificates of insurance evidencing coverage as set forth above and which shall provide that no cancellation or expiration by the insurance company will be made during the term of this Agreement, without thirty (30) days written notice to City prior to the effective date of such cancellation—including cancellation for nonpayment of premium. In addition to any other remedies City may have, City reserves the right to withhold payment if Consultant’s insurance policies are not current.
11. PREVAILING WAGES.
A. Labor Code Compliance. If the work performed under this Agreement falls within Labor Code Section 1720(a)(1) definition of a “public
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6 works” the Consultant agrees to comply with all of the applicable provisions of the Labor Code including, those provisions requiring the payment of not less than the general prevailing rate of wages. The Consultant further agrees to the penalties and forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution of this Agreement.
B. These wage rate determinations are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2. General Prevailing Wage Rate Determinations may be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov/ .
C. After award of the Agreement, and prior to commencing work, all applicable General Prevailing Wage Rate Determinations, if applicable, are to be obtained by the Consultant from the Department of Industrial Relations. Theses wage rate determinations are to be posted by the Consultant at the job site in accordance with Section 1773.2 of the California Labor Code.
D. Consultant agrees to include prevailing wage requirements, if applicable, in all subcontracts when the work to be performed by the subcontractor under this Agreement is a “public works” as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771.
12. ASSIGNABILITY OF AGREEMENT. It is understood and agreed that this Agreement contemplates personal performance by the Consultant and is based upon a determination of its unique personal competence and experience and upon its specialized personal knowledge. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City.
13. TERMINATION FOR CONVENIENCE OF CITY. The City may
terminate this Agreement any time by mailing a notice in writing to Consultant that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the phase of work actually completed, based on a pro rata portion of the compensation for said phase satisfactorily completed at the time the notice of termination is received.
14. CONFORMANCE TO APPLICABLE LAWS. Consultant shall
comply with its standard of care regarding all applicable Federal, State, and municipal laws, rules and ordinances. No discrimination shall be made by
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7 Consultant in the employment of persons to work under this contract because of race, color, national origin, ancestry, disability, sex or religion of such person.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any agency or instrumentality of the federal or state government, including the courts, impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the City in connection therewith.
15. WAIVER. In the event that either City or Consultant shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
16. INCONSISTENT OR CONFLICTING TERMS IN AGREEMENT
AND EXHIBITS. In the event of any contradiction or inconsistency between any attached document(s) or exhibit(s) incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control.
Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City unless specifically agreed to in writing, and initialed by the authorized City representative, as to each additional contractual term or condition.
17. AMBIGUITIES. This Agreement has been negotiated at arms’ length between persons knowledgeable in the matters dealt with herein. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of California, or any other statutes, legal decisions, or common-law principles of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived.
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8 18. VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this agreement shall be held exclusively in a state court in the County of Merced.
19. AMENDMENT. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
20. INTEGRATION. This Agreement constitutes the entire understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.
21. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
22. COUNTERPARTS. This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY:____________________________
D. Scott McBride
City Manager
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
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9 BY:_____________________________
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
BY:_____________________________
City Attorney Date
ACCOUNT DATA:
M. VENUS RODRIGUEZ, FINANCE OFFICER
BY:____________________________
Verified by Finance Officer
{Signatures continued on next page}
https://cityofmerced-my.sharepoint.com/personal/cruzj_cityofmerced_gov/Documents/Desktop/Design Professional Services Agreement - 2024 (3).docx
10 CONSULTANT
BY:
(Signature)
(Typed Name)
Its:
(Title)
BY:
(Signature)
(Typed Name)
Its:
(Title)
Taxpayer I.D. No.
ADDRESS:
TELEPHONE:
FAX:
E-MAIL: