EXHIBIT 1
CITY OF SANTA ANA
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be recei ved from qualified consultant(s) for Long-Term Financial Planning and Water Rate Study Services.
Responses to this Request for Proposal (RFP) will b e accepted until Tuesday, February 25, 2025 at 2:00 p.m.
Proposals shall be submitted electronically through the PlanetBids system. No other form of submittal will be accepted. It is the responsibility of the proposer to ensure that any proposals submitted has been uploaded to PlanetBids prior to this proposal due date and time. Refer to “Response to RFP” section for additional submittal instructions.
Proposals shall NOT be mailed or sent via telegraphic, electronic or facsimile means.
All notifications, requests for information, updates and addenda will be posted on PlanetBids at page at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 . Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification.
LETTER OF INTENT: As a courtesy to the City, all interested firms are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be sent via certified mail or email. A decision, by an interested firm, not to be submit a Letter of Intent would not lead to the disqualification of the firm.
CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND ........................................................................................... ................................ 4 II. OVERVIEW OF PROJECT .................................................................................. ........................ 4 III. TERM OF AGREEMENT ................................................................................... ......................... 4 IV. MINIMUM QUALIFICATIONS ............................................................................... ....................... 4 V. RESPONSE TO RFP ................................... ................................................... ............................ 5 VI. CERTIFICATIONS (ATTACHMENTS) ......................................................................... ................ 9 VII. REFERENCES ........................................................................................... ................................. 9 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE ................................................................. ...... 10 IX. SELECTION PROCEDURES & CRITERIA ...................................................................... ......... 10 X. WITHDRAWALS........................................ ................................................... ............................. 11 XI. GENERAL TERMS AND CONDITIONS ......................................................................... ........... 11 XII. AWARD OF AGREEMENT ................................................................................... ..................... 16 XIII. IMPLEMENTATION ....................................................................................... ............................ 16
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER’S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
G SUBCONTRACTOR DESIGNATION FORM
CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals f rom qualified firms and organizations (Proposers) to provide Long-Term Financial Planning and Water Rate Study Services. See EXHIBIT I for complete Scope of Services.
The term “Vendor”, “Proposer”, “Firm”, “Consultants ”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutua l agreement contingent upon City Council approval, or City Manager or City Attorney authoriz ation, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throug hout the duration of the contract period.
Numerous factors will be evaluated by the City in i ts delivery of project and assignments, including technical expertise required.
IV. MINIMUM QUALIFICATIONS
1) Contractor must have been in business continuous ly for the most recent five (5) years prior to the date of this RFP.
2) Minimum five (5) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.
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V. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the City Yard Admin Building in the first floor lob by in an enclosed sealed envelope and marked clearly with the following:
Gentle note: staff will not timestamp or sign any h ard copy deliveries as the electronic submittal by the deadline will suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids.
PlanetBids will not accept late proposals and no ex ceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137 .
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission proc ess may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be dir ected to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarant ee as to the timely availability of assistance, or assurance that any given problem wil l be resolved by the bid submission deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be post ed online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 . Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. “SEALED PROPOSAL FOR
LONG-TERM FINANCIAL PLANNING AND WATER RATE STUDY SERVICES RFP NO. 25-013
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Armando Fernandez, P.E.
Public Works Agency
220 S. Daisy Ave.; M-85
Santa Ana, CA 92703
CITY OF SANTA ANA
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in r esponse to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract i s awarded. The City will provide all official communication concerning this RFP in writing via th e City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by an y oral communication or any other information or contact that occurs outside the offi cial communication process specified herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUEST IONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospe ctive Proposers are advised to visit PlanetBids on a regular basis as responses may be p osted earlier than the date above (if applicable). No verbal requests or responses will b e accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and r esponses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
D. EXCEPTIONS
Requests submitted for City’s consideration of prop osed terms and conditions, including modifications to the City’s RFP and/or Contract ter ms and conditions must be submitted by the deadline for questions. Such requests should in clude an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or ame ndment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 .
Proposers shall be responsible for monitoring the s ite to obtain information regarding this solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does no t understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Propos ers. The City will not be bound by any oral responses to inquiries. By submitting proposa ls, Proposers assert that they have fully read the RFP and any addenda issued by the City, th e proposed Contract and any other Contract Documents, and affirm that the terms and c onditions stated therein are fully understood and are acceptable to the Proposer. Eac h Proposer accepts the terms and
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conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditi ons. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to pr ovide a straightforward, concise delineation of capabilities to satisfy the requirem ents of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/ back cover pages). The page limitation includes all appendices, attachments, and supplemen tal information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity . Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following Ci ty Project Manager:
Armando Fernandez, P.E.
City of Santa Ana – Public Works Agency
220 S. Daisy Ave., M-85
Santa Ana, CA 92703
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s exp erience including the following:
i. A general description of the firm, including siz e and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Sant a Ana and headquarters address.
iii. Name and contact information of the supervisin g Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal
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Agent shall be the primary contact person to repres ent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing r elevant experience.
e. Proposed Work Plan
Proposal shall include a statement demonstrating th e firm’s understanding of the Scope of Services.
Additionally, proposed work plan shall include Pro posers’:
i. Anticipated approach to performing services as s pecified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Attachment B – References shall be s ubmitted for similar projects performed for state and/or similar government clients.
2. Cost Proposal
All Proposers are required to submit a fixed rate f ee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fe es proposed can be compared and evaluated. Cost Proposal must include a payment sc hedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials rel ated to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Pro poser’s cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundr ed eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Ag reement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods sh all be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer P rice Index (CPI) data as follows:
Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found o n the U.S. Department of Labor’s website at www.bls.gov.)
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H. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system;
2. Clearly identify the specific irregularity or ac cusation;
3. Clearly identify the specific City staff determi nation or recommendation being protested;
4. Specify, in detail, the grounds of the protest a nd the facts supporting the protest; and
5. Include all relevant, supporting documentation w ith the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager , or other designated City staff member, shall review the basis of the protest and all relev ant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
VI. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposa l, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Propos al Item Pricing • Attachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
• Attachment G: Subcontractor Designation Form
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
• City will not waive notarization requirement when a pplicable on any of the required attachments.
VII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been pe rformed, including contact names and
CITY OF SANTA ANA
telephone numbers. Use ATTACHMENT B – References . The respondent grants permission for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s descrip tion of services and deliverables provided; or
• References fail to support that Proposer has a con tinuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement
IX.
SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal r eview committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.
B. Scoring Criteria: Proposers will be ranked by th e review committee based on the following criteria:
CATEGORY POINTS
Responsiveness to RFP
• Proposal’s compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. • The value to any new and/or innovative product or service suggestions or other new ideas and enhancements.
30 Understanding of Need
Include milestones of completion of key tasks, to be completed by specific team members.
25 Relevant Project Experience/Schedule of Delivery
• Relevant project experience within the last 5 years, including experience with public agencies.
The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff. 35 References
• References that are similar in size and project scope to the City.
10 TOTAL POSSIBLE SCORE
(Before interviews – if held) 100
CITY OF SANTA ANA
C. Rankings: A final score will be calculated for e ach submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all p roposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their re sponse to the RFP and the City evaluation criteria set forth above.
D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.
E. Selection: The City is under no obligation to ac cept any proposal and reserves the right to negotiate with respondents as to fees and terms. Th e City may reject proposals at its sole discretion. If proposal fails to satisfy any requir ements outlined in this RFP, it may be considered non-responsive and may be rejected.
The City shall not be obligated to accept the lowes t priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.
X. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Pro poser’s representative may withdraw the proposal by providing written notice of the proposa l withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.
XI. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12 101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer must obtain a City of Santa A na Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The Interviews
• The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. 20 CITY OF SANTA ANA
awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax O ffice at (714) 647-5447 or on the City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all pr oposals submitted and no representation is made hereby that any agreement will be awarded purs uant to this RFP or otherwise. The City reserves the right to accept or reject the com bined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Con tractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potenti al conflict of interest relative to the performance of the contractual services resulting f rom this RFP. Any such relationship that might be perceived or represented as a conflict sho uld be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or oth erwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be re imbursed in any manner by the City. Pre- contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses in curred by the Proposer prior to the date of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and p arking while on City sites during the performance of work and services under this Contract.
F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The C ity shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the
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awarded contract. The City shall notify the Contrac tor in writing of such action. The City is not required to provide any reason, rationale, or a dditional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the app ointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purcha sed services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.
All materials, documents, data or information obtai ned from the City Data files or any City medium furnished to Contractor in the performance o f an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or t ermination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.
All data, documents and other products used, develo ped, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failur e to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendment s subsequently posted in relation to this RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP sh ould be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to compreh end the complexity and risk of this contract, may be rejected.
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K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the sele cted Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agree ment within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occ urrence in writing at least thirty (30) days before the end of the current fiscal period and ter minate the contract on the last day of the current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be conside red an agent or an employee of City.
Neither Contractor, its employees, nor anyone worki ng under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a sing le proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub-consultants be offered, the P roposer shall provide the same assurances of competence for the sub-consultant plu s the demonstrated ability to manage and supervise the subcontracted work. Sub-consultan ts shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontra ctors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a comple te disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqua lify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, u nsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together wit h any modifications and clarifications thereto that are submitted at the request of the Ci ty during the evaluation and negotiation process. In the event of any conflict or contradict ion between or among these documents, the documents shall control in the following order of precedence: the final executed contract,
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the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contra ct negotiations cannot be concluded successfully, the City reserves the right to negoti ate a contract with another Contractor or withdraw the RFP.
Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contr actor shall give the City thirty (30) working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimb ursement for the cost of parking while providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public a nd City staff utilizing facilities where Contractor is performing work, but shall be respons ive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.
Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and a gents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, 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.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subseq uent contract between Contractor and another public agency.
CITY OF SANTA ANA
X. PUBLIC RECORDS
Proposals will become public record after the awar d of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the informatio n. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcon tractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.
XII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment inf ormation packet have been received and approved.
XIII. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet wi th City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.
B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. “On-Call” contracts require the City Project Managers to request a project/task proposal from Consultants on an “as-needed” basis. Proposals will then be evaluated by City Staff and a written NTP will be issued accordingly per task order.
CITY OF SANTA ANA
LONG-TERM FINANCIAL PLANNING AND WATER RATE STUDY SERVICES RFP NO. 25-013
Introduction/Background
The City of Santa An is located in the heart of Ora nge County, California with a population of approximately 311,000 people.
The City own maintain and operate the water, sewer and recycled water utility systems.
The water utility system is comprised of over 480 miles of water distribution and transmission mains, 20 active water wells, 7 imported connections with Metropolitan Water District (MWD), 7 booster pump stations, 16 emergency connections and approximately 46,000 water meter connections.
The sewer sanitary system is comprised of 390 miles of sewer mains, 9,000 sewer manholes, 48500 sewer lateral connections and two sewer lift statio ns. All the sewage is conveyed to the Orange County Sanitation District (OCSD).
The recycled water system serves 25 customers. This recycled water is provided by the Orange County Water District. The transmission and distribution infrastructure currently in place is owned and operated by OCWD. Although, any system expansio n to this system network will need to be funded and operated by the City.
The City oversees and manages the fats, oils, and grease (FOG) program. This program involves inspections, best management practices trainings, and regulatory compliance with state and local mandates. Currently, there are over 1,300 food service establishments under this program.
Scope of Services
The City of Santa Ana intends to retain qualified professional firm/consultant to develop a long term financial plan for the water, sanitary sewer, recyc led water, and the fats, oils, and grease (FOG) programs.
In addition, the consultant on as needed basis shall provide financial review, economic cost analysis and rate structure performance evaluations to meet the City financial goals and objectives during the term of this contract agreement.
The last adopted five year rate study for these ser vices was completed in and adopted in 2029.
https://www.santa-ana.org/water-rate-study
Project Goals:
• Develop a comprehensive financial plan for water, sewer, recycled water, and FOG programs.
EXHIBIT I
SCOPE OF SERVICES
CITY OF SANTA ANA
• Design a cost of service rate structure in line with the American Water Works Association (AWWA) Principles of Water Rates, Fees, and Charges: Manual of Water Supply Practices AWWA M1 guidelines and Proposition 218.
• Ensure rates are:
o Stable, sufficient, fair, equitable, and aligned with the utility goals and objectives o Understandable to customers and easy for the City to administer Tasks Expected from Consultant:
1. Analyze Existing Rate Structures :
o Current rates
o Operations revenue/expenses
o Capital improvement programs, debt obligations, and reserve policies
2. Develop a Complete Financial Plan :
o Meet utility goals and strategic objectives
o Conduct a cost of service analysis
o Develop new rate structures
o Develop Rate Design Model
o Develop capital and operations reserves strategies
3. Provide Interactive Tools :
o Create a (10) year rate modeling program with an interactive dashboard for City staff's use including trainings
4. Final Report and Adoption Assistance :
o Deliver a report with outcomes and recommendations
o Guide the City through the adoption and implementation of new rates
5. Engagement and Public Outreach :
o Participate in 10 public meetings (with City staff, the Mayor, City Council, and the public)
o Work with the City’s outreach consultant to prepare and present materials Quality and Compliance:
Consultant is responsible for the accuracy of their work and ensuring compliance with all statutory regulations, including Proposition 218.
Value-Added Services:
Propose additional related services that could help achieve the City’s goals, if applicable.
Deliverables:
Financial plans, rate modeling program, final reports, public presentations, and compliance documentation.
CITY OF SANTA ANA
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________ ________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organ ized and existing under the Constitution and laws o f the State of California (“City”).
RECITALS
A. The City desires to retain a Consultant having s pecial skill and knowledge in the field of:
B. Consultant represents that Consultant is able an d willing to provide such services to the City.
C. In undertaking the performance of this Agreement , Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE , in consideration of the mutual and respective pro mises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Ag reement, the tasks and obligations including all la bor, materials, tools, equipment, and incidental customa ry work required to fully and adequately complete t he services described and set forth in Scope of Services - Exhibit A , attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to acc ept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B . The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedur es. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on [enter a Start Dat e or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Ag reement, be construed to be an independent Consulta nt and not an employee of the City. This Agreement is not intended nor shall it be construed to create a n employer- employee relationship, a joint venture relationship , or to allow the City to exercise discretion or co ntrol over the professional manner in which Consultant performs th e services which are the subject matter of this Agr eement; however, the services to be provided by Consultant shall be provided in a manner consistent with all a pplicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employ er's social
EXHIBIT II
SAMPLE AGREEMENT
CITY OF SANTA ANA
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsibl e for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetua l license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works o f authorship fixed in any tangible medium of expres sion, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Cons ultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agre e in writing that City is granted a non-exclusive a nd perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represen ts and warrants that Consultant has the legal right to lic ense any and all Documents & Data. Consultant make s no such representation and warranty in regard to Documents & Data which were provided to Consultant by the Cit y. City shall not be limited in any way in its use of the D ocuments and Data at any time, provided that any su ch use not within the purposes intended by this Agreement shal l be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agr eement against claims for injuries to persons or damage to property which may arise from or in connection wit h services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
MINIMUM SCOPE OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01cover ing CGL on an “occurrence” basis, including products and complete d operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant do es not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statut ory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s professio n, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits o f insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provision s:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covere d as additional insureds, under Consultant’s CGL, Profes sional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
CITY OF SANTA ANA
2. Consultant’s Insurance company(ies) agrees to wa ive all rights of subrogation against City, its Cit y Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consult ant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, exce pt with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, vo ided, reduced in coverage or in limits, non-renewed by th e carrier, or materially changed except after thirt y (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
(Name of Department Staff Responsible for Agreement ), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consult ant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendator y endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Consulta nt’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at a ny time.
Special Risks or Circumstances
City reserves the right to modify these requirement s, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify an d hold harmless the City, its officers, agents, employees, contractors, special counsel, and repres entatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable re lief arising out of claims for personal injury, inc luding death, and claims for property damage, which may arise from th e negligent operations of the Contractor, its subco ntractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hol d harmless agreement applies to all claims for damages, just c ompensation, restitution, judicial or equitable rel ief suffered, or alleged to have been suffered, by reason of the eve nts referred to in this Section or by reason of the terms of, or
CITY OF SANTA ANA
effects, arising from this Agreement. The Consulta nt further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and cos ts for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infring ement of any United States’ letters patent, tradema rk, or copyright infringement, including costs, contained in the wor k product or documents provided by Consultant to th e City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in conne ction with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbu rsements charged to the City for a minimum period o f three (3) years, or for any longer period required by law , from the date of final payment to Consultant unde r this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a rep resentative of the City to examine, audit, and make transcripts or copies of such records and any other documents cre ated pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all wo rk, data, documents, proceedings, and activities related to t his Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information wh ich due to the nature of such information is reason ably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and fu rther agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidenti al information includes not only written informatio n, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other p arty is covered by this Agreement. The foregoing o bligations of non-use and nondisclosure shall not apply to any in formation that (a) has been disclosed in publicly a vailable sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of se rvices specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexua l orientation, gender identity, gender expression, ge nder, medical conditions, genetic information, or m ilitary and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utiliza tion, promotion, termination or other employment re lated activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
CITY OF SANTA ANA
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusiv e statement between the City and Contractor, and supersedes any and all other agreements, oral or wr itten, between the parties. In the event of a conf lict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument si gned by the City and by an authorized representativ e of Contractor. The parties agree that any terms or co nditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure th e specialized services of Contractor, Consultant ma y not assign, transfer, delegate, or subcontract any interest herein without the prior written consent o f the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any o f the services which are the subject to this Agreement performed b y City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon t hirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Di rector may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is i n writing and signed by the party waiving the breac h, failure, right or remedy. No waiver of any breach, failure or righ t, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpret ation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agree ment, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other gov ernmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
CITY OF SANTA ANA
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if deliver ed in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic commun ication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly register ed or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued b y the transmitting facsimile machine, addressed as set fo rth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that it s signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement a nd any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged a nd Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached here to shall be incorporated as if fully set forth in t he body of this Agreement.
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
CITY OF SANTA ANA
IN WITNESS WHEREOF, the parties hereto have execute d this Agreement the date and year first above writ ten.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM :
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:
Executive Director
[INSERT] Agency
SAMPLE ONLY
(name)
(title)
CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Servic es (Exhibit I) and am qualified to provide services being requested as specified herein. I understand a nd agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to th e City in accordance with said terms and conditions.
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICEN SE NUMBER (IFAPPLICABLE)
__________________________________________________________________________________
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the sco pe of the proposal specifications. Attach addition al pages if required. The City reserves the right to contact each of the references listed for additiona l information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
REFERENCES
CITY OF SANTA ANA
Proposer understands and agrees that this written R FP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the cert ification of nondiscrimination by contractors, and the required insurance certificates are to be incorpora ted by reference into this agreement and are made specifically as part of this RFP.
Firm________________________________________________________________________________
Signed and Printed Name: ______________________________________________________________
Title ________________________________________________________________________________
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
PROPOSER’S STATEMENT
CITY OF SANTA ANA
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the inter est of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not dir ectly or indirectly colluded, conspired, connived o r agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, d irectly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awardi ng the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or h er proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signat ure portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________
State of ________, County of __________________________________________________________
Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to infl uence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated fu nds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Discl osure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certi fication is a prerequisite for making or entering i nto this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty o f not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitti ng his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exce ed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT E
NON-LOBBYING CERTIFICATION
CITY OF SANTA ANA
The undersigned consultant or corporate officer, du ring the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against an y employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Su ch action shall include, but not be limited to, the following: employment, upgrading, demotion, or tra nsfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in c onspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or ad vertisements for employees placed by or on behalf o f the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investig ation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contra cts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and su ch other sanctions may be imposed and remedies invoked as provided in Executive Order 112 46 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
CITY OF SANTA ANA
or purchase order as the administering agency may d irect as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may req uest that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
CITY OF SANTA ANA
Bidder acknowledges and agrees that under Public Co ntract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor w ho will perform work or labor or render service to the bidder in or about the work in an amount in excess of one- half of one percent (0.5%) of bidder’s total bid an d the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates.
In case more than one subcontractor is named for th e same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be li sted. If further space is required for the list of proposed subcontr actors, additional sheets showing the required info rmation, as indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.
Subcontractor Name: Location:
Portion of Work/Trade:
Bid Amount
Contractor’s License Number
DIR Registration No.
Subcontractor Name: Location:
Portion of Work/Trade: Bid Amount:
Contractor’s License No: DIR Registration No:
Contractor will not be subcontracting any portion of work.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT G
SUBCONTRACTOR DESIGNATION FORM