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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 ...............5 ............... 5 ...............6 ...............6 ...............7 ............... 7 ...............7 ............... 7 ...............8 ............... 8 ............... 8 ............... 8 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 I alizoa YI PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE f THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURER A_,_ : INSLIRFR R _ INSURER r: --- ? INSURER G INSURER E :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 TYPE OF INSURANCE PCLICV NUVAMM POLJPtamCTIVE POLICY EI{PIRATION LENTS GENERAL LAOUTY x111111111 0110112001 01101!2002 EACH OCCURRLNLE ____....S 1.000,000 _X. COMUERCIAL GE14CRAL LASILI IY FIRE DAMAGE IAnY OIe fl.ai S _ 50,000 :lAIMSMADE X OCCVTY.. NEUt%FAllyarpPlYy{%I) S -- 5,0DD _ 4_PERSONAL A AOV INJURY i s 1,000,ODD - GENERAL AGGREGATE-_ S .. .__ 2,000,ODO OF REGATElIM1TApPUES P EN:I PHnDUCTS-C0L1PpP AGG 1. 2,00O,ODO ' I V ?PUI D L ifi'l AUT011111091LE LJAEEJTN X222222222 Ot10112001 01!0112002 SaRGLF I IMIT EJ A ANY AUTO '. U T IEar aUa.00p AL I. 'WINE J AUTOS F RDDIIV INJURY 1 I SCI{EUJLEU AUIC)5 !Par arcnn; - HIRE? AUTOS &ODILY INJURY a _.I NOMDy.*lE7 AUTOS ;Per at%xIMI;. PkC-FRTYOMIAGE S SEE ATTACHED ADDITIONAL Para?d.,; - G'a'?? lMEti1.ITY I AU70 ONLY EA ACCIDENT ANY AUTO INSURED ENDORSEMENT CTRFR T.A. EA AC:: S xr AUTO OM Y _E%CESSUMIUTY EACr OCCURRENCt -- c:.-UR CLAIAISIAAC]E COVERAGES DEPEND ON TYPE _` .ACAREGAT -- __ _ _ OF AGREEMENT/CONTRACT DEI L C --- -- I I T INL r S RETENTION I WMIERSCORIrarsAT1ONANG XXX333333333 011012001 01101!2002 x ?ft UT4 IOLH+ EMPLOYERS LWIUTY ylM ._ - L.L EACH ..IOENT :S 1,000,0 --l DGEASL EA EMPLOYEE S 1.OOD,00 D EL PSEASE -POLICY .6611- S 1.0,000 OTHER PL444444 0177V200i1 01111112002 EachOcclxrenLN L000,1700 Profeas..n ial LiaUili ly DESGAIPTKM OF OPERATIONSAOCA TIONSNENICLESIVEXCLVSIONS ADDED BY ENDORSBAIENTISPEC LAL PROVISIONS 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 W AfrVKL/ C:VKPOKATION 1981 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 Page 15 of 21 19D-17 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: Page 16 of 21 19D-18 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 Page 17 of 21 19D-19 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. Page 18 of 21 19D-20 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 Page 19 of 21 19D-21 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. Page 20 of 21 19D-22 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. Page 21 of 21 19D-23 19D-24