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HomeMy WebLinkAboutE-5 Pre-Disaster Mitigation Grant Award Contract1 CONSENT ITEM E-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: KURT CHRISTIANSEN, FAICP, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 21, 2016 SUBJECT: PRE-DISASTER MITIGATION GRANT APPROVAL TO AWARD A CONTRACT TO FOSTER MORRISON SUMMARY: In December 24, 2015, the California Governor's Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved the City’s application in the amount of $74,088 with a local match of $24, 695.57. The City will use the requested funds to hire a Consultant to assist Staff in developing a Local Hazard Mitigation Plan (LHMP). The proposed action authorizes the City Manager to execute a contract with Foster Morrison to create a Hazard Mitigation Plan. RECOMMENDATION: Staff recommends that the City Council take the following actiosn: 1) Approve a contract with Foster Morrison in the amount of $74,031 for the development of a Hazard Mitigation Plan. 2) Authorize the City Manager to execute a contract, in a form acceptable to the City Attorney, with Foster Morrison on behalf of the City. BACKGROUND: The California Governor's Office of Emergency Services (Cal OES)received new funding for the non- disaster Hazard Mitigation Assistance (HMA) Programs. This includes $30,000,000 nationwide for the Pre-Disaster Mitigation (PDM) grant. These programs provide funding for the development of LHMP, as well as for the implementation of hazard mitigation projects. In December 24, 2015, Cal OES received notification that FEMA has approved the City’s application in the amount of $74,088 with a local match of $24, 695.57. APPROVED COUNCIL MEETING 11/21/2016 Approve Contract with Foster Morrison November 21, 2016 Page 2 The City Council authorized the City Manager to execute the grant documents on March 7, 2016. The City Council also authorized Staff to circulate a Request for Proposal (RFP) to retain a consultant to prepare the Hazard Mitigation Plan. The RFP was circulated and the period to submit closed on September 6, 2016. Seven (7) proposals were received. The Economic & Community Development. The table below shows the list of Consultants the City received proposals from and their total cost for their services. Consultants were analyzed based on qualification and experience, best practices, scope of services, detailed work plan to complete services, experience on team members, the overall quality of response to RFP, and consultant’s fee proposal. Consultant Name Cost 1. Foster Morrison Consulting $74,031.00 2. Michael Baker International $74,010.00 3. Emergency Planning Consultants $64,012.12 4. Tetra Tech, Inc. $74,050.36 5. Integrated Solutions Consulting $72,400.00 6. DL Management LLC $73,400.00 7. Kimley Horn Disqualified – Submitted past the deadline Two firms, Foster Morrison and Michael Baker International, were interviewed. The team led by Foster Morrison rose to the top and was unanimously selected as the best choice by Staff. The Foster Morrison Consultant’s project phase and task will consist of four phases. The first phase will comprise of the planning and development process, phase two will analyze risk assessment to the City, phase three will categorize and organize a mitigation strategy and the final phase will provide a maintenance process. The two tables on the next pages provide a description on the project phases and schedule. Description (Project Phase and Task) Labor Costs Direct Costs Total Costs Phase I LHMP Planning/Development Process Task 1: Organize Resources $3,930.00 $1,806.00 $5,736.00 Task 2: Public Involvement $2,970.00 $0.00 $2,970.00 Task 3: Coordinate with Other Agencies $2,720.00 $0.00 $2,720.00 Total Phase I $9,620.00 $1,806.00 $11,426.00 Approve Contract with Foster Morrison November 21, 2016 Page 3 Phase II Risk Assessment Task 4: Assess the Hazard $11,130.00 $0.00 $11,130.00 Task 5: Assess the Problem $14,330.00 $0.00 $14,330.00 Capability Assessment $4,160.00 $1,781.00 $5,941.00 Total Phase II $29,620.00 $1,781.00 $31,401.00 Phase III Mitigation Strategy Task 6: Set Goals $2,720.00 $150.00 $2,870.00 Task 7: Review Possible Activities $8,250.00 $0.00 $8,250.00 Task 8: Draft an Action Plan $9,340.00 $1,845.00 $11,196.00 Total Phase III $20,310.00 $2,006.00 $22,316.00 Phase IV Plan Maintenance Process Task 9: Adopt the Plan $6,330.00 $1,428.00 $7,758.00 Tasks 10: Implement, Evaluate & Revise $1,130.00 $0.00 $1,130.00 Total Phase IV $7,460.00 $1,428.00 $8,880.00 LHMP: Total Estimated Costs $67,010.00 $7,021.00 $74,031.00 Approve Contract with Foster Morrison November 21, 2016 Page 1 Phase/Task Dec Jan Feb Mar April May Jun Jul Aug Sept Phase 1: LHMP Planning/Development Process Task 1: Organize Resources (HMPC #1 and Public Mtg. #1) Task 2: Public Involvement Task 3: Coordinate with Other Agencies Phase 2: Risk Assessment Task 4: Assess the Hazard Task 5: Assess the Problem Capability Assessment (HMPC #2) Phase 3: Mitigation Strategy Task 6: Set Goals Task 7: Review Possible Activities (HMPC #3) Task 8: Draft an Action Plan Task 8a: Draft Plan (HMPC #4 and Public Mtg. #2) Plan Submittal to Cal OES/FEMA Phase 4: Plan Maintenance Process Task 9: Final Plan Submittal and Adoption* Task 10: Procedures to Implement, Monitor and Update the Plan Approve Contract with Foster Morrison November 21, 2016 Page 1 FISCAL IMPACT: Cal OES and FEMA have approved the grant in the amount of $74,088 with a local match of $24,695.57. The local match will consist of in-kind service resulting in no direct cost to the City’s General Fund. Prepared by: Reviewed and Approved: Edson Ibanez Kurt Christiansen, FAICP Assistant Planner Economic and Community Development Director Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Troy L. Butzlaff, ICMA-CM Management Analyst City Manager Attachments: 1) RFP – Foster Morrison & Professional Services Agreement NOTICE FOR A REQUEST FOR PROPOSAL Notice is hereby given that the City of Azusa will be accepting a request for proposal for the creation of a Local Hazard Mitigation Plan. The City of Azusa is seeking a qualified professional consultant to submit a written proposal to assist the City in developing a Local Hazard Mitigation Plan (LHMP) that encompasses strategic research and analysis, development of a competitive risk assessment, and mitigation strategy. The California’s Governor’s Office of Emergency Services received new funding for the non - disaster Hazard Mitigation Assistance (HMA) Programs. This includes $30,000,000 nationwide for the Pre-Disaster Mitigation (PDM) grant. These programs provide funding for the development of LHMP as well as for the implementation of hazard mitigation projects. In December 24, 2015, The Cal OES received notification that the FEMA has approved the City’s application in the amount of $74,088.00 with a local match of $24, 695.57. Link to RFP: http://www.ci.azusa.ca.us/749/BidRequest-For-Proposals TimeLine: Deadline to Submit Proposal September 6, 2016 All inquiries to this proposal should be submitted via mail or e-mail to: Edson Ibañez Planning Division Economic and Community Development Department City of Azusa 213 E. Foothill Boulevard Azusa, CA 91702 Phone: (626) 812-5289 Fax: (626) 334-5464 E-mail: eibanez@ci.azusa.ca.us Published on Friday, August 5, 2016 City of Azusa RFP: Hazard Mitigation Plan | Page 2 City of Azusa Request for Proposals: Hazard Mitigation Plan Proposals Due: September 6, 2016 Contact: Edson Ibanez Assistant Planner Economic and Community Development City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 (626)812-5289 eibanez@ci.azusa.ca.us City of Azusa RFP: Hazard Mitigation Plan | Page 3 Table of Contents I. Introduction 4 II. Geographic Area 4 III. Project Overview 4 IV. Scope of Services 5 V. Consultant’s Responsibilities 9 VI. Submittal Content and Procedures 10 VII. Evaluation and Selection Process 11 VIII. Professional Services Agreement 11 IX. Submission of Proposals 11 X. General RFP Conditions 12 XI. Award of Contract 13 XII. Appendix A: Professional Services Agreement 14 City of Azusa RFP: Hazard Mitigation Plan | Page 4 I. Introduction The City of Azusa (“City”) is seeking a qualified professional consultant (“Consultant”) to submit a written proposal to assist the City in developing a Local Hazard Mitigation Plan (LHMP) that encompasses strategic research and analysis, development of a competitive risk assessment, and mitigation strategy. The California’s Governor’s Office of Emergency Services received new funding for the non - disaster Hazard Mitigation Assistance (HMA) Programs. This includes $30,000,000 nationwide for the Pre-Disaster Mitigation (PDM) grant. These programs provide funding for the development of LHMP as well as for the implementation of hazard mitigation projects. In December 24, 2015, The Cal OES received notification that the FEMA has approved the City’s application in the amount of $74,088.00 with a local match of $24, 695.57. II. Geographic Area The City of Azusa is the 11th oldest city in Los Angeles County and the fifth oldest in the San Gabriel Valley. Incorporated in 1898, the City was built upon street systems and city blocks using a grid pattern. The City operates under the council/administration form of government. It is a full-service city except for its Fire Department which is contracted with Los Angeles County Fire Department. The City covers approximately 10 square miles and boasts a diverse population of over 49,000. The estimated median household income is over $57,000. The City is proud of its mix of small businesses, support services, manufacturers and large institutional employers such as Azusa Pacific University. The City is home to Azusa Pacific University (10,000 students), nearby Citrus College (15,000 students) and 18 schools with 9,600 students in the Azusa Unified School District. Azusa will soon be home to the Home2Suites by Hilton and Laguintas Brewing Company. Two Metro Gold Line Light Rail Stations have been operational since early March 2016 as part of the Foothill Gold Line from Pasadena to Azusa. The stations are located in the heart of downtown, Azusa Downtown Station, and adjacent to Azusa Pacific University and Citrus College, APU/Citrus College Station. The City is strategically located off the 210 Freeway within a 30 minute dr ive to Pasadena, Orange County, Inland Empire, and the Ontario International Airport. In addition to its convenient freeway access, Azusa offers several major traffic corridors including the renowned U.S. Route 66 (Foothill Boulevard) which runs east to west through the community. The California State Route 39 runs north to the newly designated San Gabriel Mountains National Monument and south to the beach. Geographically, Azusa lies at a confluence of potential natural disaster elements including at least four active fault lines, four dams, the San Gabriel River, and the Angeles national forest. In combination with the possible effects of California’s record-breaking drought and Santa Ana Winds, Azusa’s potential for risk due to natural disaster is evident. The City is located in the center of the ‘Azusa Quadrangle,’ a system of fault lines running through the area, including the Ventura Fault Line running along the base of the San Gabriel Mountains to the north, Duarte Fault Line running east and west through the City, and several unnamed fault lying just s outh. The City is also situated in direct proximity to several dames, as mentioned above. The Santa Fe Dam is southeast in the adjacent City of Irwindale. Three dams are located in the San Gabriel River in the San Gabriel Mountains: the Cogswell, Morris, and San Gabriel Dams. The river feeds into the San Gabriel Canyon forming the eastern boundary of Azusa. The combination of dams controls the flow of water down through the mountains, through the San Gabriel Canyon, and into the San Gabriel River. City of Azusa RFP: Hazard Mitigation Plan | Page 5 III. Project Overview The City of Azusa will use the requested funds ($74,088.00) to hire a consultant to assist staff in developing a Local Hazard Mitigation Plan (LHMP). This proposed LHMP activity will result in a FEMA-approved plan. Consultant activist include: research and assess the hazards and risks that pose a threat to the City of Azusa, its residents, and businesses; identify local resources and capabilities that can assist in mitigation of hazards, and produce the City of Azusa Local Hazard Mitigation Plan in alignment with the goals and objectives of the California State Hazard Mitigation Plan. The City will develop a local Hazard Mitigation Planning Committee (HMPC) that will work in tandem with City officials and the Consultant to oversee the development and implementation of the LHMP. In accordance with 44 CFR 201.6 (IFR) and other FEMA guidance for LHMPs, the “plan development process” includes, but is not limited to the following activities: 1) Engage Key Agencies, Stakeholders, and the Public in the Planning Process; 2) Identify Hazards and Assess Risks/Vulnerabilities; 3) Develop a Mitigation Strategy; 4) Develop and Adopt Plan; and 5) Maintain Plan. The planning process will ensure that the plan is a living document updated annually to include any additional State and Federal Requirements. IV. Scope of Services a. Task 1: Hiring of consultant and approval of scope. Upon award of the grant, Azusa will complete RFQ/RFP process to secure a Consultant that will establish the project scope, schedule, and coordination efforts with the planning team. b. Task 2: Stakeholder participation and public involvement. Hazard Mitigation Planning Committee. Critical to a successful mitigation planning process is building, coordinating, and facilitating a Hazard Mitigation Planning Committee (HMPC). A committee will be established using department representatives from the City and other agencies. Public and private stakeholders with an interest in the Azusa planning area may be invited to participate in the plan process. Kickoff Meeting. A kickoff meeting of the HMPC will be held to present information on planning regulations, participation requirements, and project scope and schedule. An initial strategy for Public Information and Outreach will also be developed during this kickoff meeting. Azusa, Consultant and the HMPC will work together to define a public information outreach strategy to ensure an effective and ongoing public involvement process. Public involvement and outreach efforts will be designed to educate the public on the mitigation planning process and hazard mitigation in the Azusa planning area to solicit input from the public throughout the plan development process. c. Task 3: Vulnerability assessment and mitigation strategy. Azusa, Consultant and the HMPC will conduct a multi-hazard risk assessment that evaluates the risk and vulnerability from potential natural hazards that may affect or have historically affected the Azusa planning area. Where hazards and risks vary across the planning area, the differences will be noted. There is a three-part approach to developing a risk assessment: 1) Hazard identification and profiles, City of Azusa RFP: Hazard Mitigation Plan | Page 6 2) Vulnerability assessment, and 3) Capability assessment. The first part of the risk assessment task is to identify and profile hazards. Hazard Identification and Profiles. As part of the process, the team will conduct a thorough review of all existing plans, studies, and data available from local, state, and federal sources to identify those natural hazards of concern to the planning area. This profile will include a description of the hazard and its location and extent; severity and magnitude of the hazard, potential impacts; previous occurrences; and hazard frequency, duration, speed of onset, and recurrence interval (probability of future events). The hazards will be analyzed using GIS (as described further below) and other data, as warranted, to identify areas within the City that are at risk and vulnerable to identified hazards. Based on the hazard identification and profiles task, an initial prioritization of hazards will be conducted to rank the importance of each hazard for further consideration in the planning process. The second step of the risk assessment task is to conduct a vulnerability assessment to determine the vulnerability of participating jurisdictions to identified hazards. Vulnerability Assessment. Azusa and Consultant will utilize sophisticated loss estimation techniques such as Hazus-MH and GIS mapping and analysis to assist in quantifying and portraying the risk from natural hazards to better support planning decisions. The vulnerability assessment will allow comparisons of potential losses for specific hazards and locations, which will later assist in prioritizing projects for funding and implementation. The plan will include an analysis of the vulnerability of the Azusa planning area to identified priority hazards and the potential impacts of those hazards and will illustrate how the risk and vulnerability varies across the planning area. Identify Assets. Azusa’s GIS resources, and others applicable current data sources will be used to develop a comprehensive inventory of assets located in identified hazard areas which will be displayed in GIS maps as data permits The following elements will be addressed (again, as data permits): Number, types, occupancy, and values of existing buildings in the Azusa planning area and in mapped hazard areas, based on GIS and Assessor data Identification of populations at risk All repetitive flood loss and severe repetitive flood loss properties Critical facilities and infrastructure at risk Economic impact of potential losses Natural, cultural, and historic resources at risk, including natural and beneficial functions Land use, proposed structures, and development trends/constraints in for the planning area and in identified hazard areas Estimate of average annual losses, per hazard and in the aggregate Utilization of RiskMAP products Estimating Potential Losses. Once the hazards and assets have been profiled and located, Azusa will estimate potential losses for those hazards with available data and established loss modeling techniques. For common hazards, such as flood and wildfire, Azusa can make use of methods from past work, from overlays of hazard and parcel/assessor data, and from FEMA publications and models, specifically Hazus-MH. For assets or hazards with insufficient information for City of Azusa RFP: Hazard Mitigation Plan | Page 7 estimating dollar losses, other methods will be used to identify those assets most at risk. Maps and databases will be developed highlighting the most at-risk locations for the planning area by hazard, with the intent to show how risk varies across the planning area. Analyzing Development Trends. Understanding the current land use patterns and future development trends within a community is a key factor in determining viable mitigation strategies for the plan. Evaluating past hazard impacts against existing land use patterns provides an assessment of the vulnerability of certain land uses to given hazard events. The results of this assessment can provide a community with critical information for determining where and how to grow in the future. Capability Assessment. Azusa will conduct a capability assessment to identify existing technical, financial, and human mitigation capabilities of the planning area. By collecting information about existing programs, policies, regulations, and emergency plans, the HMPC can assess those activities and measures already in place that mitigate risk and design more effective strategies for the future, adding value to the plan. Examples of capabilities to be inventoried for this LHMP include: Local building codes and BCEGS ratings Floodplain management ordinances Zoning regulations CWPPs and “Firewise” mitigation components Emergency response plan and mutual aid agreements Number and types of flood insurance policies Stormwater management plans and regulations City comprehensive plans and other applicable City plans Also a key factor in conducting the capability assessment, an inventory of mitigation projects implemented since the last plan will be completed and incorporated into the Plan. Understanding the benefits realized from these recent projects will assist in identifying the current risk and vulnerabilities to identified hazards as well as forming the mitigation strategy. Final Hazard Prioritization Process. Following completion of the risk assessment, hazards will again be prioritized. This final prioritization process is an important element in plan development as it allows the City to focus resources on significant hazards to the community, resulting in a more focused achievable mitigation strategy for the plan. Coordination with Other Agencies. Representatives from local, state, and federal agencies and departments with significant interests in the community and/or mitigation may be invited to join the HMPC. Data Collection and Review. At the kickoff meeting, Azusa will discuss planning data needs and will distribute a data collection guide. The data collection guide requests best available data pertaining to hazards, risks, vulnerabilities, community assets, and mitigation capabilities (e.g., plans, policies, and programs). The latest GIS datasets will also be collected to support the risk assessment. Integration of Other Planning Efforts. Coordination with other community planning efforts and with other stakeholders and agencies is paramount to the success of this plan. Azusa will conduct a review of comprehensive plans, emergency operations plans, emergency management plans, fire management plans, flood hazard plans, watershed plans, stormwater master plans, Capital City of Azusa RFP: Hazard Mitigation Plan | Page 8 Improvement Program planning and budgeting, and any other relevant documents identified by the HMPC during the course of this planning effort. These plans will be evaluated for effectiveness and integrated into this Plan as appropriate. This effort will ensure that the plan is aligned with the goals, objectives and priorities of the current State of California Hazard Mitigation Plan. The third element will be to prepare the mitigation strategy. The mitigation strategy is a critical part of the plan. It documents the mitigation planning process, details plan goals and objectives and identifies and prioritizes mitigation actions designed to minimize the effects of hazards on the Azusa planning area. Once plan goals and objectives have been developed for the Azusa planning area, Azusa, Consultant and the HMPC will identify and analyze mitigation actions and projects. Identify and Analyze Mitigation Actions and Projects. Utilizing the risk assessment, mitigation actions would be developed. The HMPC will identify a comprehensive range of potential mitigation actions to reduce the effects of priority hazards and to meet the goals and objectives. Mitigation projects will address the effects of hazards on future development and new structures as well as on existing buildings and infrastructure. In developing mitigation alternatives, we will adhere to the model of mitigation activities promoted by DMA, FMA, and CRS, which classifies mitigation measures into the following six categories: 1) Prevention 2.) Property Protection 3.) Emergency Services 4.) Structural Projects 5.) Natural Resource Protection 6.) Public Information Programs d. Task 4: Plan preparation Once mitigation actions have been identified, the HMPC will develop priority actions for inclusion in the Mitigation Action Strategy portion of the plan. Prepare an Implementation Strategy. The HMPC will utilize a set of criteria, a “scoring” system, for prioritizing potential projects and to ensure that they are reasonable and achievable and reflect the priorities of Azusa, and participating jurisdictions. Fundamental to the identification and prioritization process for mitigation measures, are key factors such as life, property, and health and safety protection as well as the availability of funding for any given project. Once identified, the STAPLEE approach promoted by FEMA will be used as a framework for developing additional prioritization criteria. The STAPLEE approach analyzes the social, technical, administrative, political, legal, economic, and environmental feasibility of proposed mitigation actions. Prioritization of mitigation actions is paramount in focusing community resources to reduce the vulnerability to the destructive consequences of hazards within the City and to promote efficient recovery and reconstruction when disasters do occur. Qualitative benefit-cost considerations will also be developed to determine project priority and potential for FEMA funding. The selected, prioritized alternatives will be designed to reduce the risks and vulnerability of identified hazards to the community and will promote efficient recovery and reconstruction when disasters do occur. The City, HMPC and other interested stakeholders will develop an implementation strategy for each identified mitigation project, which will provide information on project implementation, including a description of risk reduction goals, alternative actions City of Azusa RFP: Hazard Mitigation Plan | Page 9 considered benefit-cost considerations, possible funding sources, project timeline, and responsible agency. The end result will be a Mitigation Action Strategy of prioritized projects for the Azusa planning area. Using state and federal guidance to ensure that all requirements are being met, a complete first draft of the plan will be prepared. Document the Mitigation Planning Process. The plan development process will be thoroughly documented, including the evaluation of risks to the Azusa planning area to identify, analyze, and prioritize the mitigation measures. A separate planning process chapter will be developed to document the plan development process, including establishing a record of participating entities and meetings as well as data and resources utilized in preparation of the plan. A Planning Process Appendix will also be developed to provide supporting documentation to the process. Review Process. Once complete, the first draft will be provided to the HMPC for review and comment by the City and the HMPC. The City/HMPC’s comments will be incorporated into a second draft, and distributed to the stakeholders and the public for review and comment via the City website. A public meeting will be held to solicit comments on the draft plan prior to submittal to Cal EMAFEMA as described in Task 2 of this Scope. A final HMPC meeting will also be held to discuss any public comments and final input into the plan document. e. Task 5: Final Plan Submittal and Adoption Based on feedback from the public meetings and final input during the HMPC Meeting process, a final draft in digital and hard copy will be developed for submittal to Cal EMA and FEMA for preliminary review and approval. Based on this review, requested changes to the plan will be made and a master electronic and hard copy of the plan will be developed to assist with community adoption. Finished Product. Upon adoption, the HMPC will submit the complete plan (including adoption documentation) to Cal EMA/FEMA with a formal submittal letter to FEMA requesting final plan approval. Once final approval is received, a copy of the approval letter will be incorporated into the final plan documents along with adoption resolutions, In accordance with requirements for DMA plans, a method and schedule for monitoring and evaluating the Azusa LHMP will be developed. The plan maintenance requirements will include: A method and schedule of monitoring and evaluating the plan, which includes criteria used, responsible office, and process for formal five-year update A process by which the plan will be incorporated into other existing planning mechanisms and requirements. A schedule with procedures for ensuring the plan’s implementation and update within five years. A discussion of how the City and HMPC will continue to involve the public in the plan maintenance and update process. V. Consultant’s Responsibilities At the start of the project, the Consultant will meet with City Staff and selected individuals to discuss the approach and expectations. The Consultant will meet on a regular basis with the City Manager, Director of Economic & Community Development and other City Staff to review the progress of the work and to discuss any changes in direction or needed details. City of Azusa RFP: Hazard Mitigation Plan | Page 10 VI. Submittal Content The following minimum information should be provided in each proposal and will be utilized in evaluating each proposal submitted. To expedite the evaluation of proposals, submittals shall include: (a) Cover Letter The cover letter should indicate the full name and address of the consulting firm that will perform the services described in the RFP. The Consultant should include the name and contact information for the individual who will serve as project manager as well as the firm’s qualifications. (b) Consultant’s Prior Experience and Qualifications Provide examples of the last three (3) completed projects demonstrating the consultant’s current HMPs experience working with municipalities or other public agencies. (c) References Provide three (3) client references applicable to the scope of services. Include contact names, telephone numbers and e-mail addresses. (d) Organizational Chart Identify all team members and their titles and responsibilities for the project. (e) Team Member Resumes Provide a resume for all team members. (f) Methodology Overview and Approach Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP. The Methodology Section should include: 1) An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. 2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. 3) Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion. 4) Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work. (g) Compensation Consultant’s compensation for all work performed in accordance with this Agreement, shall not exceed $74,088 dollars. If any section is exceeded, the consultant shall explain how much more will be needed to accomplish the task. (h) Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where Proposer(s) wishes to propose alternative approaches to meeting the City’s technical or contractual requirements, these should be thoroughly explained. If no contractual exceptions are noted, Proposer(s) will be deemed to have accepted the contract requirements as set forth in Exhibit A. City of Azusa RFP: Hazard Mitigation Plan | Page 11 VII. Evaluation and Selection Process All proposals submitted will be reviewed and evaluated by the Evaluation Committee composed of the City Manager, Director of Economic Development and other members of City Staff for further consideration on the basis of the following criteria:  Consultant’s qualifications and experience;  Consultant’s knowledge of best practices in HMPs;  Consultant’s experience in completing projects similar in size, scope and purpose;  Consultant’s understanding of the Scope of Services;  Consultant’s detailed work plan to complete services;  Qualifications and experience of team members;  Overall quality of response to RFP; and  Consultant’s fee proposal. During the evaluation period, the City may interview some or all of the proposing firms. The City will establish a specific date to conduct interviews, and all prospective Proposer(s) will be asked to keep this date available. No other interview dates will be provided, therefore, if a Proposer(s) is unable to attend the interview on this date; its proposal may be eliminated from further discussion. The interview will likely consist of a short presentation by the Proposer(s) after which the Proposal Evaluation Committee will ask questions related to the firm’s proposal and qualifications. At the conclusion of the evaluation process, the Proposal Evaluation Committee may recommend to the City Council, a Proposer(s) with the highest final ranking or a short list of top ranked firms within the competitive range whose proposal(s) is most advantageous to the City. The City Council will review the Proposal Evaluation Committee’s recommendation and make the final selection. VIII. Professional Services Agreement The selected consultant will be required to enter into a Professional Services Agreement with the City of Azusa which includes the City's standard Terms and Conditions including insurance requirements (Exhibit A). IX. Submission of Proposals One (1) unbound copy, five (5) bounded copies and one (1) electronic copy of all proposals must be received in the City of Azusa, Planning Division by September 6, 2016 at 5:30 p.m. It is the responsibility of the Consultant to see that any proposal sent through mail, or any other delivery method, should have sufficient time to be received by the City of Azusa, City Clerk’s Office prior to the proposal due date and time. Late proposals will not be accepted. Proposals should b e clearly marked and submitted to: City of Azusa Planning Division Economic and Community Development 213 E. Foothill Blvd Azusa, CA 91702 City of Azusa RFP: Hazard Mitigation Plan | Page 12 All inquiries to this proposal should be submitted via mail or e-mail to: Edson Ibañez Planning Division Economic and Community Development Department City of Azusa 213 E. Foothill Boulevard Azusa, CA 91702 Phone: (626) 812-5289 Fax: (626) 334-5464 E-mail: eibanez@ci.azusa.ca.us Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP sent out by August 31, 2016 at 5:30 p.m. The deadline for all questions is August 29, 2016 at 5:30 p.m. Questions received after this date and time will not be answered. Only questions that have been resolved in writing will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. Deadline to Submit Proposal September 6, 2016 City Manager and Staff Review applications September 6-8, 2016 Presentation/Review Staff Sept 12-Sept 15, 2016 Presentation to City Council September 19, 2016 X. General RFP Conditions (a) The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. (b) The City reserves the right to withdraw or cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any Proposer(s) responding to this RFP. (c) The City reserves the right to postpone proposal openings for its own convenience. (d) Proposals received by the City are public information and must be made available to any person upon request. (e) Submitted proposals are not to be copyrighted. (f) The City reserves the right to seek clarification of information submitted in response to this RFP. (g) The City reserves the right to modify the RFP as it deems necessary. (h) Any material misrepresentations made by the Proposer(s) will void the proposal response and eliminate the Proposer(s) from further consideration. (i) Pre-Contractual Expense City of Azusa RFP: Hazard Mitigation Plan | Page 13 The City shall not, in any event, be liable for any pre-contractual expenses incurred by Proposer(s) in the preparation of its proposal. Proposer shall not include any such expenses as part of its proposal. Pre-contractual expenses are defined as expenses incurred by Proposer(s) in: i. Preparing its proposal in response to this RFP; ii. Submitting that proposal to the City; iii. Negotiating with the City any matter related to this proposal; or iv. Any other expenses incurred by Proposer(s) prior to date of award, if any. (j) All materials submitted become the property of the City. XI. Award of Contract The City of Azusa will receive competitive proposals from agencies having specific experience and qualifications in the areas identified in this solicitation. Under competitive negotiation procedures, the terms of the service contract, the price of the service, the method of service delivery, and the conditions of performance are all negotiable. A negotiated contract will be awarded to the firm that best meets the proposed needs at a reasonable price, not necessarily at the lowest price. City of Azusa RFP: Hazard Mitigation Plan | Page 14 APPENDIX A SAMPLE PROFESSIONAL SERVICES AGREEMENT City of Azusa RFP: Hazard Mitigation Plan | Page 15 CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this ____ day of ________________, 20___ by and between the City of Azusa, a municipal corporation organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”) and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS: CORPORATION; LIMITED LIABILITY COMPANY; ETC.] with its principal place of business at [INSERT ADDRESS] (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing [INSERT TYPE OF SERVICES] services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the [INSERT NAME OF PROJECT] project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [INSERT TYPE OF SERVICES] consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, City of Azusa RFP: Hazard Mitigation Plan | Page 16 state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from [INSERT START DATE] to [INSERT ENDING DATE], unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement . Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed City of Azusa RFP: Hazard Mitigation Plan | Page 17 below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAMES]. 3.2.5 City’s Representative. The City hereby designates [INSERT NAME OR TITLE], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.6 Consultant’s Representative. Consultant hereby designates [INSERT NAME OR TITLE], or his/her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for her ein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance and Liquidated Damages. Consultant shall perform and City of Azusa RFP: Hazard Mitigation Plan | Page 18 complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU'RE INCLUDING LD'S – DELETE OTHERWISE – DON'T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES” FROM TITLE OF SECTION***]Pursuant to Government Code Section 53069.85, Consultant shall pay to the City as fixed and liquidated damages the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursua nt to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work City of Azusa RFP: Hazard Mitigation Plan | Page 19 relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and City of Azusa RFP: Hazard Mitigation Plan | Page 20 regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: City of Azusa RFP: Hazard Mitigation Plan | Page 21 (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) W orkers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY]$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY]$1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY]$1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insuran ce it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement. 3.2.11.3 Professional Liability. [INCLUDE THIS SUBSECTION ONLY IF APPLICABLE - DELETE OTHERWISE] Consultant shall procure and maintain, and require its sub- consultants to procure and maintain, for a period of five (5) years following completion of the Pr oject, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO City of Azusa RFP: Hazard Mitigation Plan | Page 22 CITY]$1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to limits. 3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoin g and complete operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employers’ Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. City of Azusa RFP: Hazard Mitigation Plan | Page 23 (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a City of Azusa RFP: Hazard Mitigation Plan | Page 24 person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, ce rtified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection an d maintenance of all safety measures. 3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed [INSERT WRITTEN DOLLAR AMOUNT] ($[INSERT NUMERICAL DOLLAR AMOUNT]) without written approval of the City Manager [REPLACE ‘CITY MANAGER’ WITH ‘CITY COUNCIL’ FOR AMOUNTS OVER $10,000]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement City of Azusa RFP: Hazard Mitigation Plan | Page 25 shall describe the amount of Services and supplies provided since the i nitial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regula tions, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be comp ensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. City of Azusa RFP: Hazard Mitigation Plan | Page 26 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 Ownership of Materials and Confidentiality. 3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consu ltant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representat ion and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subcontractors, or those provided to Consultant by the City. 3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this City of Azusa RFP: Hazard Mitigation Plan | Page 27 Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in conseq uence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.5.5 Confidentiality. All Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant sh all not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspa per, television or radio production or other similar medium without the prior written consent of City. 3.6 General Provisions. 3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: [***INSERT NAME, ADDRESS & CONTACT PERSON***] City: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attn: [***INSERT NAME & DEPARTMENT***] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, City of Azusa RFP: Hazard Mitigation Plan | Page 28 regardless of the method of service. 3.6.2 Indemnification. 3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with legal counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims, actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as party of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action or other proceeding. Su ch reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, r eceived by the City, its directors, officials officers, employees, agents, or volunteers. 3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. City of Azusa RFP: Hazard Mitigation Plan | Page 29 3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. City of Azusa RFP: Hazard Mitigation Plan | Page 30 3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 3.6.16 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandin gs or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.19 Federal Provisions. [***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF NECESSARY***] When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With City of Azusa RFP: Hazard Mitigation Plan | Page 31 respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE] City of Azusa RFP: Hazard Mitigation Plan | Page 32 CITY OF AZUSA [INSERT NAME OF CONSULTANT] By: By: City Manager [Up to $10,000] OR Mayor [OVER $10,000] Name: Attest: Title: City Clerk [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: Best Best & Krieger LLP By: Name: City Attorney Title: