HomeMy WebLinkAbout19D - REQUEST FOR PROPOSALS FOR TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 19, 2012
TITLE
REQUEST FOR PROPOSALS FOR
TEMPORARY ENGINEERING AND
TECHNICAL SUPPORT SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the Public Works Agency to issue a Request for Proposals to qualified firms to provide
temporary staffing services to support various sections in the Public Works Agency.
DISCUSSION
The existing temporary engineering and technical support services contract will expire shortly and
the Public Works Agency needs to issue a Request for Proposals (RFP) to qualified firms in order
to continue providing temporary staff support to complete projects and assignments on time.
Staff reductions due to retirement and attrition as well as furloughs have impacted project
delivery. Temporary staff is currently being utilized in the design, construction and development
sections of the Public Works Agency to ensure funding deadlines imposed on a number of
current capital improvement projects are met, to ensure timely reimbursement of grant funds from
funding agencies, to maintain efficient delivery of construction projects and to provide review and
oversight of development projects.
Staff is requesting City Council approval to issue a Request for Proposals to qualified temporary
engineering and technical support firms, soliciting proposals to provide the required services
(Exhibit 1).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
19D-1
Request for Proposals For
Temporary Engineering and Technical Services
March 19, 2012
Page 2
FISCAL IMPACT
There is no fiscal impact associated with seeking proposals.
Raul Godinez II
Executive Director
Public Works Agency
RG/ML
Exhibit: 1. Scope of Work
19D-2
REQUEST FOR PROPOSALS
FOR
TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES
CITY OF SANTA ANA
PUBLIC WORKS DEPARTMENT
20 CIVIC CENTER PLAZA M-36
SANTA ANA, CALIFORNIA 92701
Due Date and Time: April 10, 2012 Before 4:00 p.m.
Proposal Submittal: Proposals must be submitted to the City of Santa Ana, Public Works
Department, Attn: Jason Gabriel, Principal Civil Engineer, per the Submittal Instructions
Section of this RFP.
ALL PROPOSALS MUST BE RECEIVED BEFORE 4:00 PM April 10, 2012.
NO LATE PROPOSALS WILL BE ACCEPTED.
The City of Santa Ana reserves the right to reject any or all Proposals, to waive any
informality in any Proposal, and to select the Proposals that best meet the City's
needs.
19D-3
TABLE OF CONTENTS
ITEM
Table of Contents ......................................................................
Introduction & Background ......................................................
Submittal Requirements ............................................................
Scope of Services ......................................................................
City Business License ...............................................................
E-Mail Communications and Interpretations/Clarifications....
Submittal Instructions ...............................................................
Criteria for Selection .................................................................
Evaluation Procedure ...............................................................
Award ......................................................................................
General Information .................................................................
Th C' '
P
...................................................... 2
...................................................... 3
...................................................... 3
...................................................... 3
......................................................4
......................................................4
e ty s Lill V%, c on rog .......................................
iAff Ia f iA ti' P ram
Insurance Requirements ................................................................
Professional Consulting Services Agreement ...............................
Tentative Schedule ........................................................................
Delays ...........................................................................................
Project Control ..............................................................................
Rules for Proposals .......................................................................
Method of Payment .......................................................................
Regulations ...................................................................................
ATTACHMENTS
...............5
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R
Attachment 1 Rate Comparison Form ...........................................................................................09
Attachment 2 Certification of Non-Discrimination by Consultants ..............................................10
Attachment 3 Certificate of Liability Insurance and Additional Insured Endorsement ................11
Attachment 4 Sample Agreement ..................................................................................................21
Page 2 of 21
19D-4
REQUEST FOR PROPOSALS (RFP)
FOR
TEMPORAY ENGINEERING AND TECHNICAL SUPPORT SERVICES
INTRODUCTION AND BACKGROUND
The City of Santa Ana (City) is soliciting proposals from qualified firms to provide temporary
engineering and technical personnel on an as-needed basis. As temporary personnel needs
are identified, the firm will be requested to provide appropriate candidates to each position.
The City reserves the right to distribute the workload in any manner, which will best serve the
City's interests.
In general, the Engineering Division of the City's Public Works Agency will need temporary
personnel for the civil engineering design, construction, administrative, and accounting
assistant of public improvement projects.
Other Requirements
The City of Santa Ana's Sample Agreement for Professional Services is included herein as
ATTACHMENT 4. The initial agreement term will be one (1) years, plus two (2) one-year
option terms for a total of up to three (3) years. The City intends to award multiple contracts
from this solicitation.
SUBMITTAL REQUIREMENTS
This Request for Proposals is intended to assess each Consultant's general capabilities
as they would apply to the City of Santa Ana and to evaluate specific responses to
each Specialty Area and the expected scope of work. In order to maintain uniformity with all
proposals furnished by Consultants, it is hereby requested the proposals be limited to a
maximum of 30 pages (excluding front and back covers, section dividers, resumes and
required forms). Proposals shall be typed with a standard 12 point font, double spaced and
submitted on 8 Y2" X 11" paper using a single method of fastening. Charts and schedules may
be included in 11" X 17" format.
SCOPE OF SERVICES
On an as-needed basis, the Consultants will provide the City with temporary personnel
qualified to perform various engineering, technical and administrative duties in support of
general engineering/architectural/landscaping projects on arterial and local roads and public
parks citywide. The projects may include street rehabilitation and widening, storm drain
improvements; sewer improvements, waterline improvements, signing, striping, and signal
modifications; landscaping and irrigation systems; and other related projects as required. In
addition, City may need support services for construction management, legal survey
documents, inspection, and office and accounting assistance.
Page 3 of 21
1901-5
The positions the Consultant may need to fill include the following:
Engineering/TechnicaI
• Senior Civil Engineer (PE license required)
• Senior Engineer
• Assistant Engineer
• CAD Drafter
• CD Designer/Technician
• Senior CAD Designer/Technician
• Land surveyor (LS license required)
Construction/field
Construction inspection
Field technician
Administrative/Accounting
• Accounting Assistant
• Administrative Assistant
All technical positions shall be proficient in Microstation and Microsoft Office. The City
currently uses Microstation Version V8i and Microsoft Office 2007. Licensed Civil engineer or
land surveyor may be required to sign plans and legal documents, respectively.
After a temporary position is identified by the City, the selected firms may be asked to provide
resumes of candidates. The City will provide a workstation for each temporary employee.
CITY BUSINESS LICENSE
The selected Proposer shall be required to obtain a City of Santa Ana Business license within
30-days of selection and must provide a copy to the City Projects Manager or designee prior
to commencing any work in Santa Ana.
E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS
To facilitate the Request for Proposals (RFP) process, Proposers are required to monitor and
respond to e-mail requests within 48 hours. No oral interpretations will be made by the City
to any Proposer as to the meaning of requirements identified herein, including the Scope of
Service and Terms and Conditions. Every request for such an interpretation must be made in
writing via e-mail to the Projects Manager no fewer than five calendar days prior to the date
set for opening of proposals. Significant interpretations or clarification will be made by an
addendum to this RFP, which will be sent as promptly as is practicable to all persons to
whom the Request for Proposals have been issued by the City. Addenda may become part
of the agreement documents.
Page 4 of 21
19D-6
SUBMITTAL INSTRUCTIONS
Submit four (4) bound copies of your proposal signed by a company official with the power to
bind the company in its proposal before 4:00 PM on or before April 10, 2012.
Proposals must be clearly and submitted to:
City of Santa Ana, Public Works Department
Attn: Jason Gabriel, Principal Civil Engineer
20 Civic Center Plaza M-36
Santa Ana, CA 92701
CRITERIA FOR SELECTION
The response to this Request for Proposal should contain documentation of consultant's
credentials and expertise. Responses will be evaluated on the basis of the following criteria:
Organization and Credentials
Provide a synopsis of the qualifications and past experience for the firm and the firm's
designated representative.
Resumes
The consultant shall provide three sample resumes (total) for positions listed under
Scope of Services section above. At least one resume shall be provided from each
category - Engineering/Technical, Construction/field, and Administrative/Accounting.
References
List three clients with whom the firm has placed temporary employees within the last
12 months. The list must identify client's contact person and type of business, and the
job classification of the personnel placed.
Rates
The consultant shall complete Attachment 1 located at the end of the Request for
Proposal and include in their proposal. The consultant shall also provide a breakdown
of typical costs associated with the temporary employee's hourly rate. The
breakdown shall include percentages for fringe benefits, overhead, employer
(Consultant) taxes, and any additional general administrative costs.
The responses received will be reviewed by an evaluation committee appointed by the
Executive Director of the Public Works Agency. All proposals received will be fully reviewed
and rated by the Evaluation Committee. The ultimate consultant selections will be based
upon both technical merit and cost competitiveness.
EVALUATION PROCEDURE
An evaluation committee will be appointed to review all proposals received for this RFP. The
committee is comprised of City staff and may include outside personnel. The committee
Page 5 of 21
19D-7
members will evaluate the written proposals using criteria identified in Consultant Selection
above. The ultimate consultant selections will be based upon both technical merit and cosl
competitiveness.
At the conclusion of the evaluation process, the evaluation committee will recommend to the
appropriate Board Committee, the Consultant with the highest final ranking or a short list of
top ranked Consultants within the competitive range The Board Committee will review the
evaluation committee's recommendation and forward its decision to the full Board of Directors
for final action.
AWARD
PERIOD OF CONTRACT
Unless earlier terminated as allowed for in the Agreement, contract term shall be for a period
of one (1) year. The contract term is anticipated to commence after City Council award of
this contract and upon receipt and approval of all required bonds and insurance documents.
The projected contract award date is anticipated to be May 21, 2012 and may be adjusted as
necessary.
Since total actual cost cannot be pre-determined, an hourly rate and benefits for each
temporary employee shall be negotiated.
OPTION OF RENEWAL
The Term of this Agreement shall have provision for a one year term with the an option to
renew for up to two (2) additional one (1) year periods at the discretion of the City and City
Council approval unless the City notifies Contractor in writing at least thirty (30) days before
the end of the initial term or any extended term, of its intent to terminate the Agreement at the
conclusion of the initial term or any extension. Time is of the essence in the performance of
services under this Agreement.
The City will be selecting (two) 2 qualified contractors with a total contract amount of
$300,000.
The City Council will consider the recommendation of staff and may approve contract award
or modify the recommendation.
The City reserves the right to award its total requirements to one Consultant or to apportion
those requirements among several Consultants as the City may deem to be in its best
interest. In addition, negotiations may or may not be conducted with Consultants; therefore,
the proposal submitted should contain the Consultant's most favorable terms and conditions,
since the selection and award may be made without discussion with any Consultant.
GENERAL INFORMATION
The City of Santa Ana reserves the right to reject any or all Proposals, to waive any
informality in any Proposal, and to select the Proposals that best meet the City's needs.
Page 6 of 21
1901-8
THE CITY'S AFFIRMATIVE ACTION PROGRAM
It is the policy of the City of Santa Ana to ensure that minority, women, and other
disadvantaged and small businesses can fairly compete for and perform on all the City of
Santa Ana's contracts and subcontracts. In accordance with the City of Santa Ana's Federal
financial assistance agreements with the U.S. Department of Transportation and Caltrans,
the City of Santa Ana will comply with Title 49 CFR Part 26; Participation by Disadvantaged
Business Enterprises in Department of Transportation Programs. Please complete the
Certification of Non-Discrimination by Consultants Form (included herein as ATTACHMENT
2), and submit as an attachment with each of your proposals. Further DBE requirements may
be provided to consultants on a per project basis for applicable projects.
INSURANCE REQUIREMENTS
A Certificate of Liability Insurance and Additional Insured Endorsement for Commercial
General Liability Policy Forms are enclosed for your reference as ATTACHMENT 3. Please
refer to the Sample Agreement for Professional Services (ATTACHMENT 4) for the
necessary amounts of general liability, automotive, worker's compensation and professional
liability insurance. The certificate shall include the City and its officers and employees as
insured or additional insured.
PROFESSIONAL CONSULTING SERVICES AGREEMENT
A Sample Agreement for Professional Services is enclosed for your review, as
ATTACHMENT 4. The RFP and the Consultant's proposal will be attached and become part
of the agreement as exhibits.
RIGHT TO REJECT PROPOSALS
City reserves the right to reject any or all proposals submitted and no representation is made
hereby that any contract will be awarded pursuant to this RFP or otherwise.
All costs incurred in the preparation of the proposal, the submission of additional information
and/or any aspect of a proposal prior to award of a written contract will be borne by the
respondent. The City will provide only the staff assistance and documentation specifically
referred to herein and will not be responsible for any cost or obligation of any kind, which may
be incurred by the respondent. All proposals submitted to City shall become property of the
city.
TENTATIVE SCHEDULE
The City's tentative schedule for this RFP is as follows:
Proposal due April 10, 2012
Estimated Contract Award May 21 2012
Page 7 of 21
1901-9
DELAYS
The City reserves the right to delay schedule dates if it is to the advantage of the City of
Santa Ana.
PROJECT CONTROL
Control of assigning projects or tasks shall remain the total responsibility of the City of Santa
Ana.
RULES FOR PROPOSALS
The signer of the proposal must declare in writing that the only person, persons, company or
parties interested in the proposal as principals are named therein; that the proposal is made
without collusion with any other person, persons, company or parties submitting a proposal;
that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of
the proposal has full authority to bind the principal proposer.
METHOD OF PAYMENT
The Consultant shall submit a monthly invoice to the City for the services rendered in that
month. The invoice shall include a detailed breakdown of the services, the project title, the
tasks, the hours, and hourly rates.
REGULATIONS
The selected Consultant shall be expected to comply with all applicable federal, state, city
regulations, and contract provisions.
Page 8 of 21
1901-10
ATTACHMENT 1
ONCALL TEMPORARY EMPLOYMENT SERVICES CONTRACT
CONSULTANT RATE COMPARISON FORM
Consultant shall complete this form and include it along with the billing rates breakdown. This form
will be used for fee comparison purposes only.
TITLE BILLING RATE RANGE
CAD Drafter $
CAD Designer/Technician $
Senior CAD Designer/Technician $
Assistant Engineer $
Senior Engineer $
Senior Civil Engineer $
Accounting Assistant $
Administrative Assistant $
Land Surveyor $
Construction Inspection $
Field Technician $
Consultant Mark-Up Percentage Breakdown (use separate sheet)
Page 9 of 21
19D-11
ATTACHMENT 2
CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS
As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that
it does not discriminate in its employment with regard to race, color, religion, sex, or national
origin; that it is in compliance with all federal, state and local directives and executive orders
regarding non-discrimination in employment; and that it agrees to demonstrate positively and
aggressively the principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
1. To take affirmative steps to hire minority employees with the company.
2. To establish or observe employment policies within affirmative promotion opportunities
for minority persons at all job levels.
3. To communicate this policy to all persons concerned, including all company
employees, outside recruiting services, especially those servicing minority
communities, and to the minority communities at large.
FIRM
NAM I
PRINTED NAME
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment
programs now in effect within your company.
Page 10 of 21
1901-12
ATTACHMENT 3
ACORD. CERTIFICATE OF LIABILITY INSURANCE O
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
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ALTER THE COVERAGE f THE POLICIES BELOW
INSURERS AFFORDING COVERAGE
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ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSURANCE AF FORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE T ERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMrTS SHOWN MAY HAyF BFFN RFnt)r..Pr) RY PAlri QLAILAS
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Certificate holder is 200Itlonal insured per attached
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SEFORE THE EXPIRATION
City of Santa Ana DATE THEREOF, TIE I80UMIO ENSURER VRLL ENDEAVOR TO IAAIL 30 DAYS WWTTEN
20 Civic Center Plaza - Ross Annex (M- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO MALL
Santa Ana. CA 92701 IMPOSE W o rx INK VII LN UMU6Y U) ANY KN O UPON THE I"°LReER. ITS AGENTS OR
REPRESE111TATIVES.
AUTHORIZED REPRESENTATIVE
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Page 11 of 21
19D-13
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional
insured's ("additional insured's") with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or
on behalf of the named insured, such insurance as is afforded by this policy is primary and is
not additional to or contributing with any other insurance carried by or for the benefit of the
additional insured's.
3. This insurance applies separately to each insured against whom claim is made
or suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or
organization -would have as a claimant if not so included.
4. With respect to the additional insured's, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
, this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
Page 12 of 21
19D-14
AGREEMENT FOR PROVISION OF
ON-CALL ENGINEERING AND
TECHNICAL SUPPORT SERVICES
ATTACHMENT 4
THIS AGREEMENT, made and entered into this _ day of , 2012 by and between
, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
providing on-call technical and engineering labor services.
B. Consultant represents that Consultant is able and 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 promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide temporary engineering and technical services on an on-call basis for
the Santa Ana Public Works Agency, as set forth in City's Request for Proposals dated
2. REPRESENTATIVES
For purposes of implementing this Agreement, the representative of City shall be the Executive
Director of the Public Works Agency, or his designated representative, and the representative of the
Consultant shall be . Except as may be otherwise stated herein, such representatives shall
have the authority to act on behalf of their respective parties in carrying out the terms of this
Agreement.
3. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform this
Agreement and will perform its obligations hereunder in accordance with standards and practices
prevailing in the industry. Consultant's contribution to the Project, including works to be produced by
assigned Consultant personnel hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant assigned personnel shall deliver to City any
work product which results from the services provided. Said work product shall be submitted in hard
copy and produced in a form compatible with City's information systems, as agreed between the
Project Manager and Consultant.
Page 13 of 21
19D-15
In regard to all material produced as a deliverable under this Agreement, including but not
limited to records, papers, drawings, specifications, programs, systems and other materials prepared by
Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that (a) other such material shall be the property of the City, and may not be
copyrighted without prior review from the City, and (b) the authors of all such material, whether
copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope
of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive,
irrevocable license throughout the world for governmental purposes to disclose, publish, translate,
reproduce, and use such materials.
4. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates
and charges identified in Consultant's Proposal. The total sum to be expended under this Agreement
shall not exceed $ during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing service provided in the previous month, subject to City accounting procedures. The invoice
shall include the temporary employee's name, billing rate and number of hours worked. A copy of the
timesheet(s) for the billing period shall be attached. 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.
5. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2013, unless terminated earlier in accordance with Section 14, below. This Agreement may be
renewed for two successive 12-month periods upon the written agreement of the City and Consultant,
at least 30 days prior to the termination of the then current term.
6. INDEPENDENT CONTRACTOR
Consultant and its assigned personnel shall, during the entire term of this Agreement, be
construed to be independent contractors and not employees of the City. This Agreement is not
intended nor shall it be construed to create an employer-employee relationship, a joint venture
relationship, or to allow the City to exercise discretion or control over the professional manner in
which Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant and its assigned personnel shall be provided in a manner
consistent with all applicable standards and regulations governing such services. Consultant shall pay
all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
Page 14 of 21
19D-16
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from
bodily and personal injury, including death resulting therefrom and damage to property, resulting from
any act or occurrence arising out of Consultant's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than
the following: single limit coverage applying to bodily and personal injury, including death resulting
therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and
representatives as additional insured(s); (b) be primary and not contributory with respect to insurance
or self-insurance programs maintained by the City; and (c) contain standard separation of insureds
provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned,
hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of
the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability
for worker's compensation or to undertake self-insurance. Prior to commencing the performance of
the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. When Consultant provides professional personnel, such as engineers, Consultant shall
provide professional liability (errors and omissions) insurance covering such personnel's services, with
a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate.
The following requirements apply to the insurance to be provided by Consultant pursuant to
this section:
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force
and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement.
Such termination shall not effect Consultant's right to be paid for its time and materials expended prior
to notification of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
8. INDEMNIFICATION
Consultant agrees to and shall indemnify, defend and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
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injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct or
indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other
persons acting on their 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. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees
and costs for special counsel to be selected by the City, regarding any action by a third party 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.
9. CONFIDENTIALITY
If Consultant or its assigned personnel receives from the City information which due to the
nature of such information is reasonably 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 further 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. Confidential information includes not only written information, 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 party is covered by this
Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available 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.
10. 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 services specified under this
Agreement.
11. NOTICE
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 delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication 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, California 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
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Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-5622
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5635
To Consultant:
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 registered or certified, with postage prepaid, and addressed as set forth above. If sent
by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24)
hours after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state,
County or City holidays shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict 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 signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions 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 nor 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 are not
embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of 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 of the services which are the subject to this Agreement
performed by City personnel or by other consultants retained by City.
14. TERMINATION
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This Agreement may be terminated by the City upon thirty (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 Director may require Consultant to deliver to the
City all work product 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.
15. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
16. JURISDICTION -VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of California.
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, 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.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, 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 governmental agencies. Consultant shall notify the City immediately and in writing of
her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said
inability shall be cause for termination of this Agreement.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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.
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b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
19. WORK PRODUCT
All work product prepared by Consultant pursuant to this Agreement shall be the property of the
City and Consultant consents to the City's use thereof for such purposes as the City deems
appropriate. Consultant shall submit all work product to City in hard copy and produced in a
form compatible with City's computer system, as agreed between the City and Consultant.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA:
PAUL M. WALTERS
Interim City Manager
CONSULTANT
(NAME)
(Title)
Tax ID#
RAUL GODINEZ, II
Executive Director
Public Works Agency
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EXHIBIT A
SCOPE OF SERVICES
TEMPORARY SUPPORT SERVICES
I. GENERAL
The City of Santa Ana (City) is soliciting proposals from qualified firms to provide
temporary engineering and technical personnel on an as-needed basis. As temporary
personnel needs are identified, the firm will be requested to provide appropriate candidates to
each position. The City reserves the right to distribute the workload in any manner, which will
best serve the City's interests. In general, the Engineering Division of the City's Public Works
Agency will need temporary personnel for the design and construction of public improvement
projects.
II. SCOPE OF SERVICES
On an as-needed basis, the Consultants will provide the City with temporary
personnel qualified to perform various engineering, technical and administrative
duties in support of general engineering/architectural/landscaping projects on
arterial and local roads and public parks citywide. The projects may include street
rehabilitation and widening, storm drain improvements; sewer improvements,
waterline improvements, signing, striping, and signal modifications; landscaping
and irrigation systems; and other related projects as required. In addition, City
may need support services for construction management, legal survey
documents, inspection, and office and accounting assistance.
The positions the Consultant may need to fill include the following:
Engineering/Technical
• Senior Civil Engineer (PE license required)
• Senior Engineer
• Assistant Engineer
• CAD Drafter
• CAD Designer/Technician
• Senior CAD Designer/Technician
• Land surveyor (LS license required)
Construction/field
• Construction inspection
• Field technician
Administrative/Acco u n ti n g
• Accounting Assistant
• Administrative Assistant
All technical positions shall be proficient in Microstation and Microsoft Office.
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The City currently uses Microstation Version V8i and Microsoft Office 2007.
Licensed Civil engineer or land surveyor may be required to sign plans and legal
documents, respectively.
After a temporary position is identified by the City, the selected firms may be
asked to provide resumes of candidates.
III. CITY RESPONSIBILITIES
• The City will provide the consultant with all records in the possession of City,
which will be of assistance to the consultant in the performance of the work.
• The City will provide a workstation for each temporary employee.
IV. ACCEPTANCE OF CONTRACT
The contents of the proposal of the successful consultants shall become a contractual
obligation if a contract ensues. Failure of a Consultant to accept this obligation will result in
the cancellation of any award. Any damage accruing to the City as a result of a failure to
contract may be recovered from the consultant.
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