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B. The Consultant is advised that any recommendation for contract award is not <br />binding on the City until the Agreement and all pertinent paperwork are fully <br />executed and approved by the City Council. <br />VII. CONSULTANT SELECTION COMMITTEE <br />The City has established a Consultant Selection Committee to evaluate each <br />consultant's proposals. The evaluation of each proposal will be based on technical <br />criteria and qualifications listed in the RFP, reference checks, and other information <br />which will be gathered independently. A final listing of the most qualified consultants <br />will then be established for. possible interview. <br />VIII. ESTABLISHING OF FEES <br />A fee proposal is to be submitted separately in a sealed envelope plainly labeled <br />"Fee Proposal". The fee proposal shall include anot-to-exceed fee and a detailed <br />labor hour breakdown by task and classifications. Include all incidental costs <br />estimated to accrue during the life of the contract. Include a billing rate schedule for <br />the prime consultant and any subconsultants with an hourly billing rate by <br />classification. As this will be a multi-year project, include billing rates for the current <br />year as well as subsequent calendar years covering the duration of the project. <br />The fee proposal will not be opened until the consultants have been evaluated by <br />the proposal selection committee. In conformance with the Brooks Act, the Cities <br />will select the consultant based on qualifications, and then negotiate a contract price <br />based on available funding and a further breakdown of the not-to-exceed cost <br />submitted in the fee proposal. The City reserves the right to a retainer to ensure <br />project delivery. The withheld amount may vary between ten percent (10%) and <br />twenty percent (20%) depending upon the project scope. <br />IX. PROFESSIONAL SERVICES AGREEMENT <br />A sample Professional Services Agreement is enclosed for your review, as Exhibit C. <br />The RFP and the consultant's proposal will be attached and become part of the <br />agreement as exhibits. <br />X. INSURANCE REQUIREMENTS <br />A certificate of insurance is enclosed for your reference as Exhibit D. Please refer to <br />the sample agreement for the necessary amounts of general liability, automotive, <br />worker's compensation and professional liability insurance. The appropriate <br />endorsements are also shown within the sample contract agreement. The certificate <br />shall include the Cities of Santa Ana and Irvine, Caltrans and their officers and <br />employees as insured or additional insured. <br />19 <br />25D-45 <br />