HomeMy WebLinkAboutAECOM Technical Services, Inc. - 2021-09-21 f1PP1eD✓E� �-o
, . City of Huntington Beach
File #: 21-657 MEETING DATE: 9/21/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
Approve and authorize execution of a Professional Services Contract to provide Professional
Engineering and Construction Phase Services for the Heil Avenue Stormwater Pump Station
Project, CC-1293, with AECOM Technical Services, Inc. in the amount of S200.000
Statement of Issue:
The Public Works Department requires a Professional Service Contract with AECOM Technical
Services, Inc. to provide Professional Engineering and Construction Phase Services for the Heil
Avenue Stormwater Pump Station Project, CC 1291
Financial Impact:
Funds for the contract at a not-to-exceed amount of S200.000 are available in Infrastructure Fund
account 31488001 .82500.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract
Between the City of Huntington Beach and AECOM Technical Services, Inc.. for Construction Phase
Services for Heil Avenue Stormwater Pump Station. CC-1293."
Alternative Action(s):
Do not authorize the contract and direct staff with an alternate action.
Analysis:
AECOM Technical Services, Inc. (AECOM) provided professional engineering design services for the
Heil Pump Station Replacement Project. The final design of this project was completed in 2018 and
was used to apply for a FEMA grant. In 2021 the City received a S6.7M FEMA Grant and now the
project is moving forward. As the engineer of record for this project, the City needs a contract with
AECOM to update the plans and specifications prior to bidding the project in addition to providing
services during construction.
City of Huntington Beach Page 1 of 2 Printed on 9;15,2021
172
File #: 21-657 MEETING DATE: 9/21/2021
AECOM was procured through an Interagency Agreement per section 3.03.080.E of our municipal
Code.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Professional Service Contract between the City of Huntington Beach and AECOM Technical
Services, Inc. for Construction Phase Services for the Heil Avenue Stormwater Pump Station
Project CC 1293
2. City of Anaheim General Service Agreement Water Engineering, with the City of Anaheim,
dated October 22, 2019.
City of Huntington Beach Page 2 of 2 Printed on 9/15/2021
p ereL7r3 t.egistar'
PROFESSIONAL. SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
AECOM TECHNICAL SERVICES, INC.
FOR
CONSTRUCTION PHASE SERVICES FOR HEIL AVENUE
STORMWATER PUMP STATION CC NO. 1293
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY," and AECOM TECHNICAL SERVICES, INC., hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide Construction
Phase Services for the Heil Avenue Stormwater Pump Station, CC No. 1293; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT- as follows:
I. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Bryan C. Paine, PE who shall represent it and be
its sole contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
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3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on �,Llv-Ap Ae, 20 al/ (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than(3) three from the Commencement Date. The time for performance of the tasks identified
in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to
benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed Two Hundred Thousand Dollars (5200,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement or upon PROJECT completion, whichever shall occur first. These
materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
A. CONSULTANT hereby agrees to protect. defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from
and against any and all claims, damages, losses, expenses, judgments, demands and defense costs
(including, without limitation, costs and fees of litigation of every nature or liability of any kind or
nature) arising out of or in connection with CONSULTAN 's (or CONSULTANT"s subcontractors,
if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and
CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by CONS UI.T.ANT.
B. To the extent that CONSULTANT performs "Design Professional Services" within
the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in
place of subsection A above:
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"CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY and its officers, elected or appointed officials, employees, agents and volunteers; from and
against any and all claims, damages, losses, expenses, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to
the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged
to CONSULTANT exceed CONSULTANf's proportionate percentage of fault. However.
notwithstanding the previous sentence, in the event one or more other defendants to the claims
and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the
business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid
defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as
provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars
($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
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policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJL'CT completion. If insurance is terminated
for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
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.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
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C. shall promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice; however, ten (10) days' prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this
.Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT-and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall
be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
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event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all
approved assignees, delegates and subconsultants must satisfy the insurance requirements as set
forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
Financial interest in this Agreement in violation of the applicable provisions of' the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANf's agent (as designated in Section I hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or
other communications will be sent by notifying the other party via personal delivery, a reputable
overnight carrier or U. S. certified mail-return receipt requested:
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TO CITY: TO CONSULTANT:
City of Huntington Beach AECOM TECHNICAL SERVICES, INC.
AYrN: Tom Herbel ATTN: Bryan C. Paine
2000 Main Street 999 Town and Country Road
Huntington Beach, CA 92648 Orange, CA 92868
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
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neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROI-IIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's
fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this .Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
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 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.
28. ENI-IRE"fY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties; oral or otherwise,
have been made by that party or anyone acting on that party's behalf which are not embodied in this
Agreement, and that that party has not executed this Agreement in reliance on any representation;
inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this
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Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
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CONSULTANT,
AECOM TECHNICAL SERVICES, INC. CITY OF HUNTINGTON BEACH,a
municipal corpyration of the State of
Califo • /)
BityPtna C• PPriarE *OL,
��print name 94�4
ITS: (cbcfe one)Cheirmen/Presidcn tce Presidcn
City Clerk !/ /0
AND
IN1T1A AN PROVE
print name
Director of Public Works
ITS: (cm-le one) Sccrctary/Chic(Financial OfTiced�
ccreta •Treasurcr
IE 'A AP�IjROVED:
City Manager
APPROVED AS TO FORM:
U'Q�
amity Attorney
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EXHIBI7"'A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
I. utilities Investigation
2. Pre-Bid Services
3. Bid Phase Services
4. Construction Phase Submittal Reviews
5. Construction Phase RFI's
6. Site Visits
7. Record Drawings
8. Project Management
9. Optional —Additional Services During Construction
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
C. CITY'S DUTIES AND RESPONSIBILITIES:
D. WORK PROGRAM/PROJECT SCHEDULE:
EXHIBITA
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
SEE ATTACHED
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due:
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (10) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
I
Exhibit B
5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
Fxhibit B
EXHIBIT A
Project Fee Schedule
Construction Phase Services - Heil Avenue Stormwater Pump Station
CC No. 1293
Personnel Hours Budget
i
o
d E
C 0
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'C
C L L
r r r 6
O
S V 'y O 1]
C C
C 00 M OU 00 OG � V Q L G R
Project Tasks a w w m° W o F
Task 1 -Utill[ics Investigation
1.1 Datacathcring 12 4 16 S 1472 S 1248 S 2.720 .
1.2 Field Visit 1 - 4 - - 4 S 492 S S 492
I ate struc[i ummrs adcd J. 2
12 - - 40 - 52 68 8 2600 S 9498Subtotal 12 4 12 40 4 72 S 8,852 S 3.948 S 12700
Task 2 -Pre-Bid Services
2.1 Civil Review 19 sheets 12 4 8 - 26 S 4112 S 1 423 S 5 352.2 Amhitmtum Review 4 She 6 1 - - 7 S 1199 S - S 1.1992.3 Stmetuml Reiew 23 sheets - - 8 - 28 S 5160 S - S 5160
2.4 Mechanical Review 5 sheets) - - 4 - - 18 S 3460 S S 3 4602.5 rImtrical Review 8shm - 2 to S 2446 S - S 24462.6 Inauumenmtlon Review El the Ci or Huntin on Beach 3 sheets - - - - - S S S -2.7 Smuri Review B the Ci oC Huntin on Beach 3sheets - - - S S - S
2.8 Landsea in and Cate Entry B y the Ci of Huntin on Beat 5 sheets - - - - - S S - S
Subtotal 10 34 18 4 23 89 S 16,377 S 1423 S 17.800
Task 3-Bid Phase Services
3.1 Attend One I Mwing,Prc Mwing Minuus,end QuMion Log 8 - - - - 8 S 1,472 kS
1472
1 3.2 Pr One Addendum - 6 - S 1,104 S 2241 329
Subtotal 14 - - 14 S 2576 S 2242,900Task 4-Construction Phase Submittal Reviews
4.1 ReviewFi 50 Submittals 30 60 160 - - 250 S 51100 S 3 90055.0001
Subtotal 30 60 160 1 1 - 250 S 51100 S 3900 S 5s,000
Task 5-Construction Phase RFI's
5.1 Rcvicw Fi 50 RFI's - 25 75 100 300 S 1700 S 21 000
Subtotal 25 75 - too I S 19,300 S 1,700 S 21,000
r l=! Paw I m z at--COM
EXHIBIT A
Project Fee Schedule
Construction Phase Services - Heil Avenue Stormwater Pump Station
CC No. 1293
Personnel flours Bud et
i
R
O
R C
L
G
C O
a
e u u u i V 'c e
6 V V C .0 L -�
-e m oe m en m m c a e
Project"rusks A. I w I w I w m I W, Ia` 1 7- Fo
Task 6-Construction Site Visits
6.1 Noaide"rh=(31 Site Visits - 18 - - - 18 S 3312 S 288 S 3600
Subtotal 18 - - 18 S 3 12 S 200 5 3,600
Task 7-Record Drawings
7.1 Prc cR win 16 - 60 76 S 9964 S 2 6 12600
Subtotal 16 - 60 - 76 S 9.964 S 2A36 S 12,600
Task 8 -Project Management
8.1 Me ro a ro m m accounlin end invoice, - - 14 - 12 36 S 5.412 S 488 f 5.900
Subtotal 24 - - 12 36 S 5.412 S 488 S 5900
Subtotal (Tasks 1 to 8) 40 119 337 4 4 35 100 16 655 S 11603 S 14,419 S 131.400
Task 9-Optional-Additional Services During Construction
9.1 Additimml$eiwes w the direction of 0x Ci of Hantin on Beach - - - - k5l
S 60000 S 60000
Subtotal - - - S 60,000 S 60000
Total(Tasks 1 to 9) 40 119 337 4 4 35 IOU 16 S 74,419 S 191,400
Perwnnel Caxms TZ
Principal 5282.00
Enginm VI 5220.00
Enginm V SI84.00
Engineer 111 $145.00
Engineer 11 SI2300
Enginm 1 $95 00
Design/Cadd Opeietor $117.00
Technician I Adminisuwi,,e 583.00
�atrzo2t papa 2 a 2 A---COM
EXHIBIT B
A EC OM
FEE SCHEDULE FOR PROFESSIONAL SERVICES
Effective January 1, 2021
Engineers, Planners, Architects, Scientists:
Technician $ 83.00 per hour
Engineer I/specialist 1 $ 95.00 per hour
Engineer II/Specialist II S 123.00 per hour
Engineer III/Specialist III $ 145.00 per hour
Engineer IV $ 162.00 per hour
Engineer V $ 184.00 per hour
Engineer VI $ 220.00 per hour
Engineer VII $ 240.00 per hour
Engineer VIII S 260.00 per hour
Project Manager I $ 186.00 per hour
Project Manager II $ 207.00 per hour
Project Manager III $ 261.00 per hour
Project Manager IV $ 278.00 per hour
Principal $ 282.00 per hour
Construction Administration Personnel:
Resident Project Representative $ 134.00 per hour
Senior Resident Project Representative $ 155.00 per hour
Resident Engineer $ 190.00 per hour
Construction Services Manager $ 250.00 per hour
Technical Support Staff:
Clerical/General Office $ 83.00 per hour
Administrative Specialist $ 100,00 per hour
Drafter/CADD Technician $ 84.00 per hour
Assistant CADD Operator $ 104.00 per hour
Designer/CADD Operator $ 117.00 per hour
Senior Designer/Design CADD Operator $ 139.00 per hour
Design/CADD Supervisor $ 153.00 per hour
Direct Project Expenses
Other Reproduction(8 112 x11 /11 x17 Color) $1.15 11.50 per page
Plan Sheet Printing - In House BondNellum/Mylar $3.00/4.00/7.00 per sheet
Subcontracted Services/Reproduction Cost + 15%
Subcontracted or Subconsultant Services Cost + 15%
Auto Mileage for Construction Phase Services IRS rate per mile
Travel& Subsistence(other than mileage) Cost
Miscellaneous Materials Cost+ 15%
Fee schedule is subject to change annually.
Fee Schedule is subject to change annually, upon mutual agreement. Rates for additional classifications not
identified above will be submitted to the client for approval prior to work on tsask order.
If authorized by the Client, an overtime premium multiplier of 1.5 may be applied to the billing rate of hourly
personnel who work overtime in order to meet a deadline which cannot be met during normal business hours.
Invoices will be rendered monthly. Payment is due upon presentation. A late payment finance charge of 1.5%
per month (but not exceeding the maximum rate allowable by law) will be applied to any unpaid balance
commencing 30 days after the date of the original invoice.
Exhibit B-AECOM Rate Sheel.docx p_COM
_ EXHIBIT C ✓��
A ® ouoomvvl
CERTIFICATE OF LIABILITY INSURANCE o77 070120xirzo21
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cortllicolo holder Is ell ADDITIONAL INSURED,1110 policy(loe)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and cmldlllons of the policy, Cortola policies may require on ondorsoment. A statement on
this certificate does not center rights to the certificate holder In Had of such endorsemont s.
PRODUCER JBnIBS Vopd
Must,RbL S lmwame Servicesfill! eve 213 .IBI . P _212-9d.
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80577
MLberoMG4371 as633 W.RM Street,Sulle 12DO
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CNiD134OW-STND,GkOL-21-22 07 2(173 INsuRERA ACE American hswance Comemy 22667
INSURED INSURER e:NIA NIA
AECOM 27960
AECOM TadIPJcat SoMtos•mo IN$U ER C:IRT003 VAINIn ea)CO
M To ai end Covmry Roar! INSURER D I SEE ACORD 101
C,wgs,CA 92868
INSURER E; ._
INSURER P
COVERAGES CERTIFICATE NUMBER: LOS-00 2554 7 6 7-01 REVISION NUMBER:
THIS IS TO CERTIFY THAT 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 AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
WSP TYPEOFINSURANCE POLICY HUi,IBER--- v'ANO CY EFF LU4U0 E P LWITS
X COLPoERCIALOENER�ALLIABILIIY HBO 372466304 01,012021 04010022 EALROCCURRENCE 3 1,000•030
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PERSONAL a AM INJURY S 1,000,000
GENI.AGGREGATE LIMIT AMRIF.S PEW GENEIIAL AGGREGATE 5 2,000p00
POLX ICY PRO, I-1 LOC PRODUCIS.COMPAIP ADO $ 2•�•�
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A AII3o510ER-EL1ABU.ITV ISA105549211 1 OWIIM22 EMI s 1,000.D00
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3
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ExCESSLIAO CLAIMSMADE AGGREGATE 3
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AND EMPLOYERS'LUOILITY
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PROFESSIONAL LIAR 'CLAIMS MADE' Defense IncYdsA
DESCRIPTION UP OPEMTINS t LOCATIONS I'JSWCLES(ACORD 10I,AddlMm&I ROA'AAI 9aNdulq Ivy M aNphaU it man Lpaea M nqulnd)
Re,Aecun Poijecf Y:0d105360.2000, CRY of Hmhlglan Reach Pube Wan,Has Avenue Sloan Wale)Pump Station.CC No.1293;Fol RI'PBUQ awpeioa
�1PPROVF�O 'E SPEasL+brf paymlpd 6Y won
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beha•J of IRe named Insured and whose r 004 by aTYlan MUSCL
TOV:_
H_.AEL E.G
CITY ATTORNEY
CERTIFICATE HOLDER CANCELLATION
CEy of Ialnarew Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Md.Andma,Ferigro,PrInclpal CMI ETY eel THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Cibo(HunBglen Beath ACCORDANCE WITH THE POLICY PROVISIONS.
2000 Maki Sued
HunLhlgbn Beach,CA 9MB AUTHORIZED REPRESENTATIVE
PI Mneh Rok a In Lure no.SaMcee ^
James L.Vogel -
01988.2016 ACORD CORPORATION. All rights reserved.
ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD
EXHIBIT C
AGENCY COSTOMERID: CN1D1345564
LOCH: Las Angeles
AtcoROm ADDITIONAL REMARKS SCHEDULE Page 2 of 2
v/
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MaM Risk 6 kearanm SWAM) AECOM)
AECON iechlcul Senkea,Incl
POLICY NUMBER 999 Tcen eM Cuu,"NW)
OnNe,CA 928M
CMwER Nuc COOS
errec7rveoAm:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificele of Liability Insurance
11
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I
ACORD 101 (20081D1) 02008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
City of Huntington Beach
9000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ N"Niv.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
November 10, 2021
AECOM Technical Services, Inc.
Attn: Bryan C. Paine
999 Town and Country Road
Orange, CA 92868
Dear Mr. Paine:
Enclosed is a fully executed duplicate original of the "Professional Services Contract
between the City of Huntington Beach and AECOM Technical Services, Inc. for
Construction Phase Services for Heil Avenue Stormwater Pump Station CC No. 1293"
approved by the Huntington Beach City Council on September 21, 2021.
Sincerely,
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan • Waitakere, New Zealand
C3
1 CITY OF ANAHEIM GENERAL SERVICES AGREEMENT—
2 WATER ENGINEERING
3 THIS CITY OF ANAHEIM GENERAL SERVICES AGREEMENT — WATER
4 ENGINEERING ("Agreement"), dated for purposes of identification only this day of
5 OcAtst 2019, is made and entered into by and between the
6 CITY OF ANAHEIM, a municipal corporation,
7 hereinafter referred to as "ANAHEIM,"
A
8 N
D
9
10 AECOM TECHNICAL SERVICES, INC., a California corporation, hereinafter
referred to as "CONSULTANT."
11
12
ANAHEIM and CONSULTANT are sometimes individually referred to herein as
i
o I "Party" and collectively as "Parties."
rM . 13
aXgg WITNESSETH:
� _ 6 14
F o g�^s WHEREAS, ANAHEIM is a municipal corporation duly organized and validly
15
o 0 w —We 16 existing under the laws of the State of California with the power to carry on its business as it is
os 17 now being conducted under the statutes of the State of California and the Charter of the City of
18 Anaheim; and
19 WHEREAS, ANAHEIM desires to obtain the services of a consulting firm to
20 provide professional water engineering, and/or other consulting services on an as-needed basis to
21 support ANAHEIM'S Public Utilities Department's ("Department") Water Engineering
22 Division's Capital Improvement Program and the Department's other projects and programs
23 (collectively, the"Services"); and
24 WHEREAS, ANAHEIM issued a Request for Proposal on July 8, 2019
25 ("Request for Proposals") to obtain the Services of prequalified consultants; and
26 WHEREAS, in response to the Request for Proposal, CONSULTANT submitted
27 a proposal dated July 26, 2019 ("Proposal") to provide the Services; and
28 WHEREAS, ANAHEIM has reviewed the Proposal from CONSULTANT and
has evaluated the previous experience and the expertise of CONSULTANT, and desires to
1 194
I prequalify CONSULTANT to render professional services under the terms and conditions set
2 forth in this Agreement.
3 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
4 PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES
5 HERETO AGREE AS FOLLOWS:
6 1. SERVICES TO BE PROVIDED BY CONSULTANT
7 1.1 In compliance with all of the terms and conditions of this Agreement,
8 CONSULTANT shall provide to ANAHEIM all labor, materials, tools, equipment, services, and
9 incidental and customary work necessary to fully and adequately supply the professional
10 consulting services necessary for the Services as and when required by ANAHEIM. The Services
11 are more particularly described in the General Scope of Work attached hereto as Exhibit A and
12 incorporated herein by this reference ("General Scope of Work"). In addition to the General
c
kf 13 Scope of Work, the Services will also be described in a Request for Work Order Proposal
aXH$e!
r i 6 52 2 14 ("RFWOP") and in a Notice to Proceed, as described below in Section 1.4. The General Scope of
U Q D .o-
Fo S�^ 15 Work also includes those specific Service categories for which CONSULTANT has been
16 prequalified to receive an RFWOP ("Service Category"). ANAHEIM may elect to delete certain
U
o s 17 tasks from the General Scope of Work or the RFWOP at its sole discretion. The Services will not
18 be performed by the CONSULTANT until ANAHEIM selects CONSULTANT in accordance
19 with the provisions of this Section 1 and issues a Notice to Proceed. If selected, CONSULTANT
20 shall perform the Services as directed by ANAHEIM and in accordance with the RFWOP, the
21 Notice to Proceed, and this Agreement. By entering into this Agreement, ANAHEIM does not
22 give any guarantee to CONSULTANT that ANAHEIM will select CONSULTANT to provide
23 any Services under this Agreement.
24 1.2 When Services are required, ANAHEIM will issue a hardcopy or
25 electronic RFWOP that provides a specific scope of work and schedule for completion of the
26 Services, task specifications, the name of the Project Administrator, and other information
27 specific to that RFWOP. ANAHEIM may, at its sole discretion, (a) issue an RFWOP for a
28 specific Service Category or multiple Service Categories, or (b) open an RFWOP to all
1 195
I prequalified consultants regardless of Service Category. If an RFWOP requests proposals from a
2 specific Service Category or multiple Service Categories and CONSULTANT is not prequalified
3 for any Service Category indicated therein, CONSULTANT is not eligible for consideration and
4 shall not submit a Work Order Proposal (as defined below). ANAHEIM does not give any
5 guarantee to CONSULTANT that ANAHEIM will send an RFWOP for Services to
6 CONSULTANT, or select the CONSULTANT's Work Order Proposal to provide SERVICES, at
7 any point during the term of this Agreement.
8 1.3 If a CONSULTANT is in an eligible Service Category and desires to be
9 considered for an RFWOP, CONSULTANT shall submit, within the time stated in the RFWOP,
10 a sealed Work Order Proposal indicating the cost, task completion schedule, and other
I I information requested in the RFWOP ("Work Order Proposal"). CONSULTANT shall submit
r 12 an electronic sealed Work Order Proposal when required by the RFWOP, and CONSULTANT
a = g �N 13 shall abide by all RFWOP electronic proposal requirements.
a5 � 14 1.4 For an RFWOP with an anticipated fee under $30,000, ANAHEIM will
F0 c 15 contact by telephone or send the RFWOP, in hardcopy or electronic form, to a minimum of three
Uj 16 prequalified consultants, which may or may not include CONSULTANT. For an RFWOP with
U ui
o $ 17 an anticipated fee between S30,000 and $100,000, ANAHEIM will send the RFWOP, in
18 hardcopy or electronic form, to a minimum of three prequalified consultants in one or more
19 Service Categories determined by ANAHEIM, at its sole discretion, to be appropriate for the
20 RFWOP, which may or may not include CONSULTANT. For an RFWOP with an anticipated
21 fee over $100,000, ANAHEIM will send the RFWOP, in hardcopy or electronic form, to a
22 minimum of five prequalified consultants in one or more Service Categories appropriate for that
23 RFWOP.
24 1.5 Selection of a prequalified consultant to complete the Services requested
25 in any RFWOP shall be based on the criteria set forth herein. ANAHEIM will issue a Notice to
26 Proceed to the successful consultant that has submitted a Work Order Proposal. The Notice to
27 Proceed and the RFWOP shall together constitute the"Work Order." If CONSULTANT fails to
28
3 196
I promptly commence work and/or diligently pursue a Work Order as set forth therein,
2 ANAHEIM may elect to terminate the Work Order and/or this Agreement.
3 1.6 CONSULTANT acknowledges that ANAHEIM intends to enter into as-
4 needed agreements similar to this Agreement with other consultants. The Parties understand and
5 agree that, in ANAHEIM'S consideration of Work Order Proposals submitted for an RFWOP, a
6 Work Order will be awarded to the prequalified consultant most qualified, in ANAHEIM's
7 opinion, to provide the Services set forth in the RFWOP within the scheduled completion date
8 based upon the following criteria:
9 .01 Ability of the consultant to perform the specific tasks outlined in
10 the RFWOP;
11 .02 Qualifications of the specific individuals to perform the specific
_ 12 tasks outlined in the RFWOP;
0: 1"
f 13 .03 Amount and quality of time key personnel will be involved in their
ZS m 14 respective portions of the Services outlined in the RFWOP;
f1 c m .o_
=0 8 y=^ 15 .04 Reasonableness of the fee requested to H a - q provide the Services
a � . =
u, " 16 outlined in the RFWOP;
U H
o $ 17 .05 Demonstrated record of success by the consultant on work
18 previously performed for ANAHEIM or for other municipalities or enterprises; and
19 .06 The specific methods and techniques to be employed by the
20 consultant in providing the Services outlined in the RFWOP.
21 1.7 In the event of conflicting provisions, the provisions shall govern in the
22 following order: (1) this Agreement, except for Exhibit A; (2) the Notice to Proceed; (3) the
23 RFWOP; (4) CONSULTANT's Work Order Proposal; and (5) Exhibit A to this Agreement.
24 2. TERI7
25 The term of this Agreement shall commence on the date this Agreement is
26 executed by ANAHEIM and shall terminate on September 30, 2022, unless extended as provided
27 in this Section 2 or terminated earlier as provided in Section 24 herein ("Term").
28
4 197
I The Public Utilities General Manager ("General Manger") is hereby authorized to
2 extend the term of this Agreement upon the same terms and conditions for no more than two (2)
3 one-year terms after the initial term; provided, as determined in the sole discretion of the General
4 Manager, that the extension is necessary for the successful completion of the Services.
5 3. TIME OF PERFORMANCE
6 3.1 Time is of the essence in the performance of a Work Order, and
7 CONSULTANT shall perform and complete those Services in accordance with the schedule
8 included therein. If CONSULTANT fails to strictly adhere to the schedule, ANAHEIM may
9 elect to terminate the Work Order and/or this Agreement.
10 3.2 The time period(s) specified for performance of the Work Order shall be
1 1 extended because of any delays due to unforeseeable causes beyond the control and without the
_ 12 fault or negligence of CONSULTANT, including, but not restricted to, acts of God or of the
([ W
GR 13 public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural
_ 14 catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation,
u < M
Fo a _ 15 civil disturbance or disobedience, labor disputes, labor or material shortages, sabotage,
0 WV
" a 16 government priorities, restraint by court order or public authority, and action or non-action by, or
N
o 17 inability to obtain the necessary authorization or approvals from, any governmental agency or
18 authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise
19 of due diligence Consultant could not reasonably have been expected to avoid and which by
20 exercise of due diligence has been unable to overcome, if CONSULTANT shall within ten (10)
21 days of the commencement of such delay notify the Project Administrator in writing of the
22 causes of the delay. The Project Administrator shall ascertain the facts and the extent of delay,
23 and may extend the time for performing the Work Order for the period of the enforced delay if,
24 in the sole judgment of the Project Administrator, delay is justified. The Project Administrator's
25 determination shall be final and conclusive upon the Parties to this Agreement. In the event of
26 delay, however caused, CONSULTANT's sole remedy shall be an extension of the time of
27 performance of the Work Order, pursuant to this Section, and CONSULTANT shall not be
28 entitled to recover damages against ANAHEIM.
5 198
1 4. COMPENSATION
2 4.1 The Parties understand and agree that full and complete payment for all
3 Services provided in accordance with this Agreement shall not exceed the sum of Four Hundred
4 Thousand Dollars (S400,000.00) per Work Order ("Total Compensation") for the Services
5 described in a single RFWOP. Except as provided herein, ANAHEIM shall pay the Total
6 Compensation in the manner set forth in the Work Order.
7 4.2 The Parties understand and agree that each RFWOP will request, and each
8 Work Order Proposal will provide, the CONSULTANT rate sheet and a total not-to-exceed
9 amount for the Services described in the RFWOP. CONSULTANT shall invoice ANAHEIM for
10 the Services rendered pursuant to this Agreement in accordance with the hourly rates and other
11 costs set forth in CONSULTANT's rate sheet, up to the not-to-exceed amount provided in the
_ 12 Notice to Proceed. CONSULTANT and ANAHEIM agree that no changes to the rates set forth
W
13 in CONSULTANT's rate sheet shall be made without the prior written approval of ANAHEIM.
� NpN
tl ^
MI-2-
;z d 14 4.3 If a Work Order provides for the reimbursement of expenses, ANAHEIM
Uj
o Zr W_^ 15 shall reimburse CONSULTANT for only those out-of-pocket expenses set forth in the Work
0� Pi
W " 16 Order. Reimbursable expenses invoiced to ANAHEIM shall not exceed any cap on reimbursable
U y
LL 8
o` 17 expenses set forth in the Work Order unless the additional reimbursable expenses are first
18 approved in writing by ANAHEIM.
19 4.4 The Parties understand and agree that the Total Compensation dollar
20 amount established in Section 4.1 is inclusive of all reimbursable expenses and subconsultant
21 fees.
22 4.5 The General Manager or designee is authorized to approve additional
23 expenditures not to exceed fifteen percent (15%) of the Total Compensation for Extra Work not
24 included in an RFWOP; provided, as determined at the sole discretion of the General Manager or
25 designee, that this additional Extra Work is necessary for the successful completion of a Work
26 Order.
27 .01 In no event shall CONSULTANT render Extra Work beyond the
28 scope of a Work Order without the written authorization of the General Manager or designee.
6 199
1 .02 All Extra Work approved in writing by the General Manager or
2 designee shall be billed at either the rates set forth in the Work Order or at a fixed price, at
3 ANAHEIM's sole discretion. If billed at a fixed price, CONSULTANT shall provide
4 ANAHEIM with general description of the Extra Work to be performed and a proposed price.
5 When the General Manager or designee has approved the Extra Work, has agreed to a fixed price
6 for the Extra Work, and has notified CONSULTANT of such approval and agreement in writing,
7 CONSULTANT shall perform the Extra Work.
8 .03 As used herein, "Extra Work" means any work that is determined
9 by ANAHEIM to be necessary for the proper completion of the Services contained in the Work
10 Order, but which is not included therein and which the Parties did not reasonably anticipate
I I would be necessary at the time of the issuance of the Work Order.
iu x 12 4.6 Except as indicated in a Work Order, after the issuance of a Work Order,
z
13 CONSULTANT shall submit monthly invoices to ANAHEIM describing the work performed
<W �$ 2
14 the preceding month. CONSULTANT's invoices shall include the name of the person who
c�Q
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o ,_ 15 performed the work, a brief description of the Services performed and/or the specific task in the
0
16 Work Order to which it relates, the date the Services were performed, the number of hours spent
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0 s 17 on all work billed on an hourly basis, and a description of any reimbursable expenditures.
18 ANAHEIM shall pay CONSULTANT no later than thirty (30) days after approval of the
19 monthly invoice by ANAHEIM staff. The total amount of all invoices submitted for a Work
20 Order shall not exceed the not-to-exceed amount for the Work Order unless the General Manager
21 has approved Extra Services.
22 4.7 All Parties recogmize that the continuation of this Agreement or any Work
23 Order after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30' of
24 each year, shall be subject to budget approval providing for or covering contract items as an
25 expenditure in the budget. ANAHEIM does not represent that the budget or any particular
26 budget item will be adopted, since budget determinations are made by the Anaheim City Council
27 at the time of the consideration of each budget. No penalty shall accrue to ANAHEIM in the
28 event this provision is exercised. Should termination be accomplished in accordance with this
7 200
I Section 4.7, a settlement shall be negotiated by the Parties based on items delivered, Services
2 provided, monies paid and monies due.
3 5. PROJECT MANAGER
4 5.1 Within the Work Order Proposal, CONSULTANT shall designate a
5 Project Manager, who shall coordinate the Services. This Project Manager shall be available to
6 ANAHEIM at all reasonable times during the performance period of the Work Order. The
7 foregoing Project Manager shall be responsible for directing all activities of CONSULTANT and
8 devoting sufficient time to personally supervise the provision of Services. The Project Manager
9 may not be changed by CONSULTANT, and no other personnel may be assigned to supervise
10 the Services to be provided hereunder, without the express written consent of ANAHEIM.
11 5.2 CONSULTANT's employees or subconsultants, if any, who fail or refuse
12 to perform the Services in a manner acceptable to ANAHEIM, or who are determined by
o
k 13 ANAHEIM, at its sole discretion, to be uncooperative, incompetent, a threat to the adequate or
a= g"say
= zS 14 timely completion of the Services set forth in a Work Order, or a threat to the safety of persons
U q
Fo gwZ 15 or property, shall be promptly removed from those Services by CONSULTANT upon request by
o� ty
W" l 16 ANAHEIM. CONSULTANT warrants that it will continuously furnish the necessary personnel
U y
o a 17 to complete the Work Order on a timely basis.
18 5.3 The Project Manager and all of CONSULTANT's employees shall be
19 fully qualified and licensed for the Services set forth in the Work Order.
20 6. ADMINISTRATION
21 This Agreement will be administered by the Department. The Department shall
22 assign a project administrator at the time it issues an RFWOP ("Project Administrator"). The
23 Project Administrator shall have the power to act on behalf of ANAHEIM for review and
24 approval of all Services performed by CONSULTANT. The Project Administrator shall not be
25 authorized to terminate the Services performed pursuant to this Agreement. ANAHEIM's
26 General Manager is authorized to take any action the Project Administrator may take, replace the
27 Project Administrator by notifying CONSULTANT in writing, approve Extra Work, if any, in
28
8 201
I accordance with Section 4 of this Agreement, and terminate this Agreement or the Work Order
2 in accordance with Section 24 of this Agreement.
3 7. STANDARD OF CARE
4 7.1 CONSULTANT shall perform all Services under this Agreement in a
5 skillful and competent manner, consistent with the standards generally recognized as being
6 employed by professionals in the same discipline in the State of California. CONSULTANT
7 represents and maintains that it and its employees are skilled in the professional calling necessary
8 to perform the Services. CONSULTANT warrants that all employees and subconsultants, if any,
9 shall have sufficient skill and experience to perform the Services assigned to them. By delivery
10 of completed work performed pursuant to a Work Order, CONSULTANT certifies that the work
I I conforms to the requirements of this Agreement; the Work Order; all applicable federal, state
_ 12 and local laws; and the applicable standard of care.
a
° 13 7.2 CONSULTANT represents and warrants to ANAHEIM that it and its
14 employees have shall obtain, and shall keep E in full force in effect during the term hereof, at its
0 3' 15 sole cost and expense, all licenses, permits, qualifications, insurance and approvals of
0 � �
W U < 16 whatsoever nature that is legally required of CONSULTANT and its employees to practice its
0 8 17 profession. CONSULTANT shall maintain a City of Anaheim business license during the term
18 of this Agreement.
19 8. INDEPENDENT CONTRACTOR
20 8.1 Neither ANAHEIM nor any of its employees shall have any control over
21 the manner, mode or means by which CONSULTANT, its agents or employees, perform the
22 Services, except as otherwise set forth herein. Except as expressly provided herein, ANAHEIM
23 shall have no voice in the selection, discharge, supervision or control of CONSULTANT's
24 employees, servants, representatives or agents, or in fixing their number, compensation or hours
25 of service. CONSULTANT shall perform the Services as an independent contractor of
26 ANAHEIM and shall remain at all times, as to ANAHEIM, a wholly independent contractor with
27 only such obligations as are consistent with that role. CONSULTANT shall not at any time or in
28 any manner represent that it or any of its agents or employees are agents or employees of
9 202
I ANAHEIM. ANAHEIM shall not in any way or for any purpose become or be deemed to be a
2 partner of CONSULTANT in its business or otherwise or a joint venturer or a member of any
3 joint enterprise with CONSULTANT.
4 8.2 In consideration for the compensation to be paid to CONSULTANT by
5 ANAHEIM, CONSULTANT agrees that ANAHEIM shall not be liable or responsible for any
6 benefits, including, but not limited to, worker's compensation, disability, retirement, life,
7 unemployment, health or any other benefits, and CONSULTANT agrees that it shall not sue or
8 file a claim, petition or application therefor against ANAHEIM or any of its officers, employees,
9 agents, representatives or sureties.
10 9. INSURANCE
11 9.1 Without limiting ANAHEIM's right to indemnification, it is agreed that
_ 12 CONSULTANT shall secure, prior to commencing any activities under this Agreement, and
C 'N 13 maintain, during the Term, insurance coverage as follows:
,Ewog
a �� 2 14 .01 Workers' Compensation Insurance as required by California law
F o �-
= 15 and Employers Liability Insurance in an amount not less than S 1,000,000 per occurrence.
o� = -
W V 2 16 .02 Commercial General Liability Insurance, including coverage for
U y
IL g
0 17 Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed
18 Operations Liability, and Independent Contractor's Liability, in an amount not less than
19 $1,000,000 per occurrence, S2,000,000 annual aggregate, written on an occurrence form. Such
20 insurance shall be written on a primary basis, but may include a deductible of not more than
21 $10,000 per occurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at
22 the inception of this Agreement.
23 .03 Comprehensive Automobile Liability Coverage including-as
24 applicable-owned, non-owned, and hired autos, in an amount not less than 51,000,000 per
25 occurrence, combined single limit, as required by California law.
26 .04 Professional Liability Insurance in an amount not less than
27 51,000,000 per claim, and CONSULTANT shall maintain such coverage for at least four (4)
28 years from the termination of this Agreement. Such insurance shall be written on a primary basis
10 203
I (i.e., without a self-insured retention), but may include a deductible of not more than $10,000 per
2 claim, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of
3 this Agreement.
4 9.2 Each insurance policy required by this Agreement shall contain the
5 following clause or shall otherwise provide for the following conditions: "This insurance shall
6 not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice
7 has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805,
8 except in the event of cancellation for non-payment of premium which shall provide for not less
9 than ten (10) days' notice."
t0 9.3 Each insurance policy required by this Agreement, excepting policies for
I 1 Professional Liability and Workers' Compensation, shall contain the following clauses or shall
i12 otherwise provide for the following conditions:
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.01 "It is agreed that any insurance maintained by CONSULTANT,
< C;,.-
i L N m 14 pursuant to this Agreement, shall be primary to, and not contribute with, any insurance or self-
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Fo a == 15 insurance maintained by the City of Anaheim."
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os 17 representatives and ANAHEIM-designated volunteers are added as additional insureds as
18 respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in
19 regard to products supplied to, or work or services performed for, or related to, the City of
20 Anaheim."
21 9.4 Prior to commencing any work under this Agreement, CONSULTANT
22 shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance
23 required under this Agreement, and including the applicable clauses referenced above. Also,
24 within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide
25 ANAHEIM: (i) endorsements to the insurance policies which add to these policies the applicable
26 clauses referenced above; or (ii) in lieu of said endorsements, documentation acceptable to
27 ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above-referenced
28 clauses are otherwise included in said insurance policies. Insurance required hereunder shall be
11 204
I placed with insurers: (i) admitted to write insurance in California; (ii) possessing an A. M.
2 Best's rating of A VII or higher; or (iii) otherwise acceptable to ANAHEIM, with prior written
3 permission from ANAHEIM. In the event that a claim or other legal action is filed against
4 ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under
5 any of the insurance required herein, then ANAHEIM has the right to demand, and to receive
6 within a reasonable time period, copies of the insurance policies related to such required
7 insurance; provided, however, that this provision shall not apply if the Parties agree that
8 CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such
9 claim or other legal action.
10 9.5 In addition to other remedies ANAHEIM may have if CONSULTANT
I I fails to provide or maintain any insurance policies or policy endorsements to the extent and
12 within the time herein required, ANAHEIM may, at its sole option:
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_ 13 .01 Order CONSULTANT to stop work under this Agreement and/or
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o , 15 demonstrates compliance with the requirements hereof, or
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16 .02 Terminate this Agreement.
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18 may have and is not the exclusive remedy for CONSULTANT's failure to maintain insurance or
19 secure appropriate endorsements.
20 9.6 Nothing herein contained shall be construed as limiting in any way the
21 extent to which CONSULTANT may be held responsible for payments of damages to persons or
22 property resulting from CONSULTANT's, (or CONSULTANT's contractors/subcontractor, if
23 any) performance of the work covered under this Agreement.
24 9.7 In the event CONSULTANT hires other persons or firms to perform some
25 of the work related to this Agreement, CONSULTANT shall ensure, and certify to ANAHEIM in
26 writing that: (i) the acts or omissions of such persons or firms are covered under the above-
27 referenced liability insurance; or (ii) such firms maintain insurance equal to or better than, and
28 subject to the same limits, terms and conditions as, the insurance required of CONSULTANT
12 205
I under this Agreement (except for firms which are not performing professional services-such
2 firms shall not be required to carry the above-referenced professional liability insurance); and in
3 either instance, CONSULTANT shall provide, or cause to be provided, evidence of such
4 insurance coverage, reasonably acceptable to ANAHEIM.
5 9.8 ANAHEIM's Risk Manager is hereby authorized to reduce the
6 requirements set forth herein in the event he determines that such reduction is in ANAHEIM's
7 best interest.
8 10, INDEMNIFICATION
9 10.1 As respects acts, errors or omissions in the performance of professional
10 services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials,
I 1 officers, and employees from and against any and all claims, losses, damages, defense costs, or
W 12 liability, of any kind or nature, to the extent arising directly out of CONSULTANT's (or
a w
G 25
13 CONSULTANT's contractors' or subcontractors', if any) negligent acts, errors or omissions in
Ma .-
r > 14 the performance of professional services under this Agreement.
Fo w i 15 10.2 As respects all acts, errors or omissions which do not arise directly out of
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0 s 17 omissions typically covered by ISO-based general and automobile liability insurance coverage,
18 CONSULTANT agrees to indemnify, defend (at ANAHEIM's option), and hold harmless
19 ANAHEIM, its officials, officers, employees, agents, and representatives from and against any
20 and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively
21 referred to hereinafter as "Claims"), arising out of or in connection with CONSULTANT's (or
22 CONSULTANT's contractors' or subcontractors', if any) acts, errors, omissions, or work,
23 relative to this Agreement; except for those Claims which arise out of the sole negligence or
24 willful misconduct of ANAHEIM.
25 10.3 The obligations set forth in this indemnification provision (i) shall be in
26 effect without regard to whether or not ANAHEIM, CONSULTANT, or any other person
27 maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such
28 Claims; and (ii) shall survive the termination of this Agreement.
13 206
1 11. PREVAILING WAGES
2 11.1 By execution of this Agreement, CONSULTANT certifies that it is aware
3 of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., the
4 California Code of Regulations, Title 8, Section 16000 et seq. and the Davis-Bacon Act
5 ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
6 performance of other requirements on certain "public works" and "maintenance" projects. It shall
7 be CONSULTANT's sole obligation to determine whether and to what extent, if any, the
8 Prevailing Wage Laws apply to the Services. If CONSULTANT determines the Services are
9 being performed as part of an applicable "public works" or "maintenance" project, as defined by
10 the Prevailing Wage Laws, and if the total compensation for the Services is S1,000 or more,
1 I CONSULTANT shall fully comply with the Prevailing Wage Laws. Copies of the prevailing rate
12 of per diem wages are on file at the City of Anaheim, Office of the City Clerk, 200 South
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ks R� 13 Anaheim Boulevard, Anaheim, California 92805, and are available to any interested party on
a= �$'=
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W1 16 to execute the Services available to interested parties upon request and shall post copies at the
0 s 17 CONSULTANT's principal place of business and at the project site. CONSULTANT shall
18 defend, indemnify and hold ANAHEIM, its elected officials, officers, employees and agents free
19 and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
20 alleged failure to comply with the Prevailing Wage Laws.
21 11.2 The Parties understand and agree that if, and when, the Prevailing Wage
22 Laws apply to the Services, CONSULTANT shall comply with the express requirements of
23 Labor Code Sections 1725.5, 1771.1, 1771.4 and 1776, including but not limited to the
24 contractor and subcontractor registration and requirements related to certified payroll records.
25 12. PROGRESS
26 CONSULTANT is responsible for keeping the Project Administrator informed on
27 a regular basis regarding the status and progress of the Services, activities performed and
28 planned, and any meetings that have been scheduled or are desired.
14 207
1 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
2 The Parties recognize that a substantial inducement to ANAHEIM for entering
3 into this Agreement is the professional reputation, experience and competence of
4 CONSULTANT. Neither the whole nor any interest in, nor any of the rights or privileges
5 granted under this Agreement shall be assigned, transferred or encumbered in any way without
6 the prior written consent of ANAHEIM. Any purported assignment, transfer, encumbrance,
7 pledge, subuse, or permission given without ANAHEIM'S consent shall be void as to
8 ANAHEIM. If ANAHEIM approves an assignment or transfer, this Agreement and the
9 covenants and conditions contained herein shall be binding upon and inure to the benefit of and
10 shall apply to the approved successors and assigns of CONSULTANT.
11 14. SUBCONTRACTING
_ 12 Except for those subcontractors set forth in CONSULTANT's Work Order
° 13 Proposal, if any, CONSULTANT shall not subcontract any portion of the work to be performed
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Z 14 under this Agreement without the prior written authorization of the General Manager or Project
Foawac 15 Administrator. CONSULTANT shall be fully responsible to ANAHEIM for all acts and
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o 17 contractual relationship between ANAHEIM and any subcontractor, nor shall it create any
18 obligation on the part of ANAHEIM to pay or to see to the payment of any monies due to any
19 subcontractor other than as otherwise required by law. ANAHEIM is an intended beneficiary of
20 any work performed by any subcontractor for purposes of establishing a duty of care between the
21 subcontractor and ANAHEIM pursuant to this Agreement.
22 15. USE AND OWNERSHIP OF DOCUMENTS AND DATA
23 15.1 ANAHEIM shall furnish to CONSULTANT all documents and materials
24 as may be relevant and pertinent to the provision of Services hereunder as ANAHEIM may
25 possess or acquire.
26 15.2 All documents and materials furnished by ANAHEIM to CONSULTANT
27 under Section 15.1 shall remain the property of ANAHEIM and shall be returned to ANAHEIM
28 upon the earlier of the termination of this Agreement, for any reason, or the completion of a
15 208
I Work Order. All documents or materials prepared or caused to be prepared by CONSULTANT,
2 its officers, employees, agents and subcontractors, in the course of implementing this Agreement,
3 shall become the exclusive property of ANAHEIM, and ANAHEIM shall have the sole right to
4 use such documents and materials in its discretion without further compensation to
5 CONSULTANT or any other person or entity. CONSULTANT shall, at CONSULTANT's sole
6 cost and expense, provide such documents and materials to ANAHEIM upon prior written
7 request.
8 15.3 Documents and materials prepared by CONSULTANT pursuant to this
9 Agreement are not intended or represented to be suitable for reuse by ANAHEIM or others on
10 any other project. Any use of completed documents for other projects and any use of incomplete
11 documents without specific written authorization from CONSULTANT will be at ANAHEIM's
x 12 sole risk and without liability to CONSULTANT. Further, liability arising out of changes made
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k f g„gN 13 to CONSULTANT's deliverables under this Agreement by ANAHEIM or persons other than
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14 CONSULTANT is waived as against CONSULTANT and ANAHEIM assumes full
F)o _ 15 responsibility for such changes unless ANAHEIM has given CONSULTANT prior notice and
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18 All documents, including drafts, preliminary drawings or plans, notes, ideas and
19 communications that result from the Services provided under this Agreement, shall be kept
20 confidential by CONSULTANT unless ANAHEIM authorizes, in writing, the release of such
21 information.
22 17. INTELLECTUAL PROPERTY INDEMNITY
23 CONSULTANT shall defend and indemnify ANAHEIM, its agents, officers,
24 representatives and employees against any and all liability, including costs, for infringement of
25 any United States' letters patent, trademark, or copyright infringement, including costs,
26 contained in the work product or documents provided by CONSULTANT to ANAHEIM
27 pursuant to this Agreement.
28
16 209
1 18. FISCAL RECORDS AND AUDIT
2 CONSULTANT shall keep records and invoices in connection with the work to
3 be performed under this Agreement.
4 CONSULTANT shall use recognized accounting methods in preparing such
5 records and invoices. ANAHEIM reserves the right to designate its own employee
6 representativc(s) or its contracted representative(s) with a certified public accounting firm who
7 shall have the right to audit CONSULTANT's accounting procedures and internal controls of
8 CONSULTANT's financial systems and to examine any cost, revenue, payment, claim, other
9 records or supporting documentation resulting from any items set forth in this Agreement. If
10 CONSULTANT fails to provide supporting documentation satisfactory to ANAHEIM for costs
I I charged, then CONSULTANT agrees to reimburse ANAHEIM for those costs. Any audit(s)
12 shall be undertaken by ANAHEIM or its representative(s) at reasonable times and in
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_ '� 15 This right to audit shall extend during the length of this Agreement and for a
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16 period of three (3) years, or longer if required by law, following the date of final payment under
o 17 a Work Order. CONSULTANT agrees to retain all necessary records/documentation for the
18 entire length of this audit period.
19 CONSULTANT will be notified in writing of any exception taken as a result of
20 an audit. Any adjustments and/or payments which must be made as a result of any such audit or
21 inspection of CONSULTANT's invoices and/or records shall be made within thirty (30) days
22 from presentation of ANAHEIM's findings to CONSULTANT. If CONSULTANT fails to
23 make a required payment. CONSULTANT agrees to pay interest, accruing monthly, at a rate of
24 ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of
25 interest, then the higher rate will prevail. Interest will be computed from the date of written
26 notification of exception(s) to the date CONSULTANT reimburses ANAHEIM for any
27 exception(s). If an audit inspection or examination in accordance with this article discloses
28 overcharges (of any nature) by CONSULTANT to ANAHEIM in excess of one percent (1%) of
17 210
I the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM's audit
2 shall be reimbursed to ANAHEIM by CONSULTANT. CONSULTANT reserves the right to
3 contest any exception.
4 19. WITHHOLDINGS
5 ANAHEIM may withhold payment to CONSULTANT of any disputed sums until
6 satisfaction of the dispute with respect to the withheld payment. Such a withholding shall not be
7 deemed to constitute a failure to pay according to the terms of this Agreement. CONSULTANT
8 shall not discontinue work pending resolution of a disputed sum resulting in a withholding.
9 CONSULTANT shall have an immediate right to appeal to the City Manager or designee with
10 respect to such disputed sums. CONSULTANT shall be entitled to receive interest on any
1 I withheld sums at the rate of return that ANAHEIM earned on its investments during the time
_ 12 period of the dispute, starting on the earliest date of ANAHEIM's withholding of any amounts
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° 13 later found b the City Manager or a court of competent jurisdiction, to have been improperly
aMCS r Y Y S P J
14 withheld.
=o S w s c 15 20. ERRORS AND OMISSIONS
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18 have resulted if there were not errors or omissions in the work accomplished by
19 CONSULTANT, the additional cost and expense shall be bome by CONSULTANT. Nothing in
20 this paragraph is intended to limit ANAHEIM's rights under the law or any other sections of this
21 Agreement.
22 21. ANAHEIM'S RIGHT TO EMPLOY OTHER CONSULTANTS
23 CONSULTANT acknowledges and agrees that this Agreement and the provision
24 of services hereunder are nonexclusive and that ANAHEIM may enter into similar agreements
25 with other entities for the provision of similar services.
26 22. CONFLICTS OF INTEREST
27 CONSULTANT or its employees may be subject to the provisions of the
28 California Political Reform Act of 1974 (the "Act"), which: (1) requires such persons to disclose
18 211
I any financial interest that may foreseeably be materially affected by the work performed under
2 this Agreement; and (2) prohibits such persons from making, or participating in making,
3 decisions that will foreseeably financially affect such interest.
4 If subject to the Act, CONSULTANT shall conform to all requirements of the
5 Act. Failure to do so constitutes a material breach and is grounds for immediate termination of
6 this Agreement by ANAHEIM. CONSULTANT shall indemnify and hold harmless ANAHEIM
7 for any and all claims for damages resulting from CONSULTANT's violation of this Section.
8 23. NOTICES
9 All notices, demands or other writings to be made, given or sent hereunder, or
10 which may be so given or made or sent by either ANAHEIM or CONSULTANT to the other
1 1 shall be deemed to have been given when in hardcopy and personally delivered or if mailed on
_ 12 the third (3rd) day after being deposited in the United States mail, certified or registered, postage
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Gf . 13 prepaid, and addressed to the respective Parties at the following addresses:
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z 6 14 if to ANAHEIM: ANAHEIM Secretary/City Clerk
W LL �i ? Citv of Anaheim
° 15 200 S. Anaheim Boulevard, 2nd Floor
° 16 Anaheim, California 92805
w FAX No. (714) 765-4105
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`0 8 17 With copies to: Public Utilities General Manager
City of Anaheim
18 201 S. Anaheim Blvd., Suite 1101
Anaheim, CA 92805 19
FAX No. (714) 765-4138
20
1) To CONSULTANT: AECOM Technical Services, Inc.
1 999 Town & Country Road
Orange, CA 92868
22 Attention: Bryan Paine
13 FAX No. (714) 567-2441
24 24. ENFORCEMENT OF AGREEMENT
25 24.1 Events of Default.
26 .01 For purposes of this Section 24, the word "Default" shall mean the
27 failure of CONSULTANT to perform any of CONSULTANT's duties or obligations or the
28 breach by CONSULTANT of any of the terms and conditions set forth in this Agreement or any
19 212
I Work Order. In addition, CONSULTANT shall be deemed to be in Default upon
2 CONSULTANT's (i) application for, consent to, or suffering of, the appointment of a receiver,
3 trustee or liquidator for all or a substantial portion of its assets; (ii) making a general assignment
4 for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or
5 suffering an involuntary petition under any bankruptcy, arrangement, reorganization or
6 insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty
7 (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for
8 fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial
9 portion of CONSULTANT's assets or of CONSULTANT's interests hereunder.
10 .02 ANAHEIM shall not be deemed to be in Default in the
11 performance of any obligation required to be performed by ANAHEIM hereunder unless and
i12 until ANAHEIM has failed to perform an obligation for a period of thirty (30) days after receipt
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r 13 of written notice from CONSULTANT specifying in reasonable detail the nature and extent of
i=Z jj6 � 14 ANAHEIM'S failure; provided, however, that if the nature of ANAHEIM's obligation is such
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m" 16 deemed to be in Default if ANAHEIM shall commence to cure its performance within a thirty
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0 s 17 (30) day period and thereafter diligently prosecute the same to completion.
18 24.2 Immediate Termination for CONSULTANT's Default. In the event of
19 any Default by CONSULTANT, ANAHEIM may immediately terminate this Agreement. Such
20 termination shall be effective immediately upon receipt by CONSULTANT of written notice
21 from ANAHEIM. In such event, CONSULTANT shall have no further rights hereunder,
22 including the performance of the Services set forth in a Work Order, and ANAHEIM shall have
23 all other rights and remedies as provided by law. For any Default involving a breach of the
24 requirements of a Work Order, ANAHEIM, at its sole discretion, may instead immediately
25 terminate that Work Order. In such event, CONSULTANT shall have no further rights hereunder
26 as regards the performance of the Services set forth in the terminated Work Order, and
27 ANAHEIM shall have all other rights and remedies as provided by law.
28
20 213
1 24.3 Termination Without Cause. ANAHEIM may terminate this Agreement at
2 any time without the necessity of cause or Default by giving seven (7) days' notice in writing to
3 CONSULTANT. In such event, the Parties shall have no further rights hereunder, except that
4 CONSULTANT shall be paid for all services adequately rendered prior to such termination.
5 CONSULTANT may not terminate this Agreement except for cause.
6 24.4 Suspension, Postponement or Abandonment of a Work Order. A Work
7 Order may be suspended or abandoned by ANAHEIM for any reason, with or without notice. If
8 any part of the Services of a Work Order is suspended or abandoned for any reason, ANAHEIM
9 shall have the right to suspend or terminate the affected portions(s) of the Work Order, including
10 the entire Work Order. In the event of such suspension or termination, CONSULTANT shall
I I only expend additional time as is necessary to assemble the work in progress for the purpose of
_ 12 properly filing and closing the job and as is previously approved by Project Administrator. In
Q. 'J'
Kwnn ry 13 no event shall additional time exceed ten percent (10%) of the total time expended on the
14 suspended or abandoned portion of the Work Order prior to the date of notice of suspension or
=o S s" 15 termination.
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w " 1 16 In the event the Services of an RFWOP are suspended for longer than six (6)
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o s 17 months, CONSULTANT may cancel the Work Order by giving ANAHEIM at least thirty (30)
18 days' written notice.
19 25. COMPLIANCE WITH ALL LAWS
20 CONSULTANT shall at its own cost and expense comply with all statutes,
21 ordinances, regulations and requirements of all governmental entities, including federal, state,
22 county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared
23 by CONSULTANT shall conform to applicable local, county, state and federal laws, rules,
24 regulations and permit requirements and be subject to approval by the Project Administrator.
25 26. WAIVER
26 A waiver by either Party of any breach of any term, covenant or condition
27 contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any
28 other term, covenant or condition contained herein, whether of the same or a different character.
21 214
1 27. INTEGRATED CONTRACT
2 This Agreement and the Exhibits hereto contain the entire agreement of
3 ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement,
4 statement or promise made by either ANAHEIM or CONSULTANT which is not contained
5 herein shall be valid or binding. No prior agreement, understanding or representation pertaining
6 to these matters shall be effective for any purpose.
7 28. CONFLICTS OR INCONSISTENCIES
8 In the event there are any conflicts or inconsistencies between this Agreement and
9 the Exhibits, or any other attachments hereto, the terms of this Agreement shall govern.
10 29. INTERPRETATION
11 Each Party acknowledges having had the benefit of advice of competent legal
i 12 counsel with respect to its decision to enter this Agreement. The provisions of this Agreement
o
�r z 13 shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both
14 Parties.
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LL� s - 15 30. AMENDMENTS
W " 16 This Agreement may be modified or amended only by a written document
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18 31. SEVERABILITY
19 If any term or provision of this Agreement or the application thereof to any person
20 or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this
21 Agreement, or the application of its terms and provisions to persons and circumstances other
22 than those to which it has been held invalid or unenforceable, shall not be affected thereby, and
23 each term and provision of this Agreement shall be valid and enforceable to the fullest extent
24 permitted by law.
25 32. REMEDIES CUMULATIVE
26 The remedies given to ANAHEIM and CONSULTANT herein shall be
27 cumulative and are given without impairing any other rights given ANAHEIM or
28 CONSULTANT by statute or law now existing or hereafter enacted, and the exercise of anyone
1)7 215
1 (1) remedy by ANAHEIM or CONSULTANT shall not exclude the exercise of any other
2 remedy.
3 33. NO THIRD PARTY BENEFICIARIES
4 The Parties intend that neither rights nor remedies be granted to any third party as
5 a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established
6 herein.
7 34. CONTROLLING LAW AND VENUE
8 The laws of the State of California shall govem this Agreement and all matters
9 relating to it, and any action brought relating to this Agreement shall be adjudicated by a court of
10 competent jurisdiction in the County of Orange.
11 35. DISCRIMINATION
_ 12 CONSULTANT agrees not to discriminate against any person or class of persons
„per n 13 by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or
QW JS
a z 14 other prohibited basis in its provision of Services or hiring of subcontractors or employees. To
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o ,??3= 15 the extent this Agreement provides that CONSULTANT offer accommodations or services to the
W <` 16 public, such accommodations or services shall be offered by CONSULTANT to the public on
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o 17 fair and reasonable terms.
18 36. AUTHORITY
19 Each individual executing this Agreement on behalf of a corporation, nonprofit
20 corporation, partnership or other entity or organization, represents and warrants that he or she is
21 duly authorized to execute and deliver this Agreement on behalf of such entity or organization
22 and that this Agreement is binding upon the same in accordance with its terms. CONSULTANT
23 shall, at ANAHEIM's request, deliver a certified copy of its goveming board's resolution or
24 certificate authorizing or evidencing such execution.
25 37. EFFECTIVE DATE
26 This Agreement shall be effective on the date on which this Agreement is
27 executed by ANAHEIM ("Effective Date").
28
23 216
1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
2 executed on the dates hereinafter respectively set forth.
3
4 CITY OF ANAHEIM,
DATE: tic( a municipal corporation
5
6
7 By:
8 Dukku Lee, Public Utilities General Manager
9 DATE: 0 3 9 ATTEST:
10
11
12 Theresa B s, City Clerk_
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a= oo„_ AECOM TECHNICAL SERVICES, INC., a
i w�F 2 14 California corporation
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0� w DATE: 30- i S By:_
m ° 16
U Keith T. Campbell y
0 8 17 Vice President
18
19 APPROVED AS TO FORM:
ZO
ROBERT FABELA, ANAHEIM CITY ATTORNEY
21
22
-23 By:
Daniel J. Payne
24 Deputy City Atto
5 135080
26
27
28
24 217
I EXHIBIT A
2 SCOPE OF WORK
3 (TO BE ATTACHED BEHIND THIS PAGEI
4
5
6
7
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23
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1 218
EXHIBIT A — GENERAL SCOPE OF WORK
The services to be performed for the projects and programs may include but shall not be
limited to the following scope. For each service that may be performed by CONSULTANT
in a specific RFWOP, CONSULTANT shall provide project management services,
including:
Protect Schedule
Create schedules with the critical milestones for the major tasks involved in a project.
Update the schedule monthly, or more often, as required by ANAHEIM. Schedules
shall be submitted in PDF format unless other format is requested by ANAHEIM.
Meetings
Attend meetings and/or job walks, as requested by ANAHEIM. Prepare meeting
agendas and meeting minutes.
Monthly Proiect Status Report
Prepare Monthly Project Status Reports that show an accurate accountability of work
effort rendered and a continuous appraising and monitoring of both work progress and
financial conditions on a project.
CONSULTANT's fee for project management services, including the time and related
expenses shall be included among the fees for the service(s) it may perform in a specific
RFWOP.
1. PLANNING, RESOURCES, AND DESIGN
Provide water engineering services to conduct water capital improvement projects,
which may involve one or multiple disciplines, including planning studies, hydraulic
modeling, feasibility studies, design of pipelines, wells, pump stations, pressure
regulating stations, reservoirs, and water quality and water treatment, waste and
recycled water quality and treatment, hydrogeology, engineering support during
construction, and encompassing associated services such as Architecture, Structural,
Civil, Mechanical, HVAC, Landscape, Geotechnical, Environmental, Electrical,
Instrumentation, and Control.
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1-A Planning Studies and Feasibilitv Studies
Provide engineering, financial, and planning services to perform pipeline alignment
and facility siting studies, water system planning studies, recycled water system
planning and feasibility studies, water demand and supply studies, rate studies, asset
management, and other studies that may be required in water system planning.
Provide consulting services related to water resources and conservation. Studies may
include water supply assessments, water supply verifications, urban water
management plans, water use surveys and others studies that may be required for
water resources and conservation programs.
1-B Hydraulic Modeling
Perform Water System Master Planning including Comprehensive Studies, Hydraulic
Analysis, Transient Analysis, Fire Flow Analysis, and Flow Optimization. Manage,
maintain, calibrate, and update Hydraulic Network Model, (City's current model uses
Innovyze InfoWater software).
1-C Condition Assessment
Provide comprehensive condition assessment of ANAHEIM's water system,
including seismic, structural, security and vulnerability. Assessment of the structural
integrity of the pipe shall include identifjring leaks, pipe damage, pipe defect, loss of
pipe wall thickness due to corrosion or erosion, etc., along the length of the pipe.
Provide reports and memorandums with maps and exhibits as required to detail
results of the study including likelihood of failure, risk and consequence of failure.
Reports and/or technical memorandums shall also include detailed explanation of data
collected and used for the study, any assumptions made as well as recommendations
for short-term and long-term risk mitigation strategies.
1-D Design Services
Provide consulting services for the design of water facilities, including water wells,
pump stations, pressure regulating stations, reservoirs, water quality and treatment,
water mains, recycled water supply and distribution facilities, associated
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appurtenances, as well as other related components of the facilities such as buildings,
landscape, grading, drainage, etc. for a complete and operative project.
1-E Other Related Services
Provide other related services including, but not limited to, the following:
1-E-1 Architecture
Provide consulting services for architectural design, architectural renderings,
line-of-sight analyses, building sections, code interpretation issues and other
architectural related issue.
1-E-2 Structural
Provide consulting services for structural investigations of ANAHEIM's
existing facilities, seismic analysis, miscellaneous structural calculations, and
design on ANAHEIM's existing and proposed systems and structures.
1-E-3 Civil
Provide consulting services for general engineering services as required for
the project. Scope of work may include but is not limited to site design, street
improvements, grading, drainage, preparation of Water Quality Management,
Erosion Control, and Stormwater Pollution Prevention Plans, and related
calculations and reports as necessary.
1-E-4 Mechanical, HVAC
Provide consultation, engineering, and design services on modification,
upgrade, and replacement of existing mechanical and HVAC systems,
including piping, plumbing, support systems, controls, code interpretation,
and related calculations as necessary.
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1-E-5 Landscape Architecture
Provide consulting services for landscape architecture design, including
landscape planting plans, renderings and views of proposed landscape
plantings, and landscape installation inspection services. Provide consultation
for irrigation system design and inspection.
1-E-6 Geotechnical En2ineerin2 Services
Conduct geotechnical investigations, including field explorations and tests,
laboratory tests, and seismic investigations, to assess the general conditions of
a project site area and prepare geotechnical reports of final design and
construction recommendations. Field explorations may require drilling plans
and classification of underlying soils and must be done under the supervision
of a licensed geotechnical engineer or registered geologist. Investigations
may include slope stability analysis of reservoir embankments, foundations,
retaining walls, and dams and earthen dam monitoring and inspection to
comply with California Department of Water Resources, Division of Safety of
Dams (DSOD) and other ANAHEIM requirements. CONSULTANT may
also be asked to provide seismic hazard analyses and site-specific seismic
criteria as needed for project design.
1-E-7 Hvdro2eolo2v
Provide consulting services on groundwater issues related to and including
rehabilitation of existing potable water production wells, siting and design of
new potable water production wells, destruction of inactive wells, evaluation
of contamination plumes, and groundwater modeling. Evaluate the
hydrogeology of proposed potable water production well sites and investigate
proposed wells. Determine design parameters and requirements necessary to
drill, operate, and maintain proposed wells; proposed well construction
(casing diameter, locations of perforated intervals); and proposed operation of
wells. Prepare Drinking Water Source Assessment and Protection (DWSAP)
plans for proposed potable water production wells.
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Provide inspection, hydrogeologic analysis and recommendations during new
potable water production well drilling and existing well destruction activities,
including, but not limited to, on site consulting geologists, geological
sampling and formation analysis, geophysical logging and interpretation, sieve
analyses, final well construction recommendations, and quality assurance and
assistance in achieving conformance with the construction specifications and
applicable codes and standards.
1-E-8 Environmental Compliance Services
Provide consulting services for the preparation of environmental documents
and support studies to comply with California Environmental Quality Act
(CEQA), which may include an Initial Study, Negative Declaration, Mitigated
Negative Declaration, Addendum, or Environmental Impact Report, or
Supplement or Subsequent EIR, National Environmental Policy Act(NEPA)
when complying with federal grants, permit applications with support studies,
aesthetic simulations, and other environmental compliance tasks that may be
needed.
1-E-9 Recvcled Water Compliance
Provide assistance with compliance requirements for recycled water treatment
and distribution system monitoring and reporting.
1-E-10 Electrical. Instrumentation & Control Services
Provide consultation, engineering, and design services on modification,
upgrade, troubleshooting, restarting, adjusting control settings, and
replacement of existing electrical systems, including motor control centers,
motor starters, electrical panels, and instrumentation and control systems,
including SCADA systems.
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I-E-I1 Engineering Support During Bidding and Construction
Review and respond to RFI's and review and approve shop drawings
submitted by contractor for conformance with the contract documents. Review
progress reports and payments as required. Prepare supplementary sketches
and details, as required, to resolve field construction problems that may be
encountered. Provide project inspection as needed. CONSULTANT may be
asked to provide assistance in ensuring regulatory compliance as needed.
Prepare the "as constructed" corrections to the original drawings and
specifications. CONSULTANT may also be asked to attend meetings on
behalf ofANAHEIM and assist in Public Relations as needed.
1-E-12 Plan Check Services
Provide consulting services for plan checking improvement plans to determine
compliance with applicable standards, guidelines, policies, rules, ordinances,
and codes.
2. PIPELINE DESIGN
Provide consulting services for the design of water mains, transmission mains,
siphons and associated appurtenances. Provide preliminary and final design services
including the preparation of plans, specifications, and cost estimates. Provide bidding
assistance, construction support, and final as-builts as needed for projects.
3. ELECTRICAL, INSTRUMENTATION & CONTROL SERVICES
Provide consultation, engineering, and design services on modification, upgrade,
troubleshooting, restarting, adjusting control settings, and replacement of existing
electrical systems, including motor control centers, motor starters, electrical panels,
and instrumentation and control systems, including SCADA systems.
4. GEOTECHNICAL ENGINEERING SERVICES
Conduct geotechnical investigations, including field explorations and tests, laboratory
tests, and seismic investigations, to assess the general conditions of a project site area
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and prepare geotechnical reports of final design and construction recommendations.
Field explorations may require drilling plans and classification of underlying soils
and must be done under the supervision of a licensed geotechnical engineer or
registered geologist. Investigations may include slope stability analysis of reservoir
embankments, foundations, retaining walls, and dams and earthen dam monitoring
and inspection to comply with California Department of Water Resources, Division
of Safety of Dams (DSOD) and other ANAHEIM requirements. CONSULTANT
may also be asked to provide seismic hazard analyses and site-specific seismic
criteria as needed for project design.
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