HomeMy WebLinkAboutE-7 Staff Report - Environmental Consultant RFQCONSENT ITEM
E-7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: JUNE 19, 2023
SUBJECT: AUTHORIZATION TO SOLICIT REQUEST FOR QUALIFICATIONS (RFQ) FOR
ENVIRONMENTAL ENGINEERING CONSULTANT TO ASSIST WITH THE
STATE’S MS4 PERMIT.
BACKGROUND:
The National Pollution Discharge Elimination System (NPDES) Permit issued by the California
Regional Water Quality Control Board (RWQCB) requires permittees to develop and implement, within
their applicable jurisdictions, programs that perform NPDES stormwater inspections at commercial and
industrial facilities, inform and assist property and business owners on actions needed to comply with
the Municipal Separate Storm Sewer (MS4) Permit and County and State stormwater regulations, and
appropriately document compliance with these requirements.
The City is required to be compliant with the new NPDES Permit for any MS4 discharges into the
coastal watersheds in Los Angeles County established by Order NO. R4-2021-0105 NPDES PERMIT
NO. CAS004004 (NPDES Permit) effective September 11, 2021 and expiring September 11, 2026.
The City intends to select (3) three qualified engineering consultants to provide On-Call Engineering
Environmental Services to comply with the current NPDES Permit.
RECOMMENDATION:
Staff recommends the City Council take the following action:
1)Authorize staff to solicit Request for Qualifications for On-Call Environmental Engineering
Services to comply with Order No. R4-2021-0115 NPDES Permit No CAS004004.
Approved
City Council
June 19, 2023
RFQ for MS4 Permit-related Environmental Engineering Services
June 19, 2023
Page 2
ANALYSIS:
By authorizing staff to solicit Request for Qualifications, the City will have the ability to select the best
qualified consultants to comply with the permit requirements listed below:
• Conduct first round of Industrial / Commercial Inspections
• Prepare Regional Water Quality Board Bi-Annual Reports
• Submit LA County Safe Clean Water Program Annual Expenditure Reports and Annual Budget
Plans
• Implement Industrial/Commercial Inspection Program
• Design a Facilities Program to prevent illicit discharges
• Assist with water quality engineering plan checks
• Implement Water Quality Monitoring Program and submit findings to the State
• Perform permit compliance related tasks to keep the City of Azusa in good standing with
Regional Water Quality Control Board
FISCAL IMPACT:
There is no fiscal impact associated with soliciting RFQ’s for MS4 Permit Environmental Services.
Prepared by: Reviewed by:
Miguel Cabanas, P.E. Robert Delgadillo, P.E.
Principal Civil Engineer Director of Public Works / City Engineer
Fiscal Impact Reviewed by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment:
1) Request for Qualifications – MS4 Permit Environmental Services
REQUEST FOR QUALIFICATIONS (RFQ)
TO PROVIDE
ON-CALL ENVIRONMENTAL ENGINEERING AND NPDES
STORMWATER PROGRAM MANAGEMENT SERVICES
June 13, 2023
IMPORTANT DATES
RFQ ISSUED JUNE 20, 2023
REQUEST FOR INFORMATION DEADLINE JULY 6, 2023
SUBMISSION DEADLINE JULY 18, 2023
CITY COUNCIL AWARD DATE AUGUST 21, 2023
APPROXIMATE START DATE AUGUST 31, 2023
CITY CONTACT
Questions regarding this Request for Qualifications or for additional background information
may be emailed to Miguel Cabanas at mcabanas@azusaca.gov, no later than 5:00 p.m. on
Thursday, July 6, 2023.
Attachment 1
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CITY OF AZUSA
PUBLIC WORKS DEPARTMENT
213 E Foothill Boulevard, Azusa, CA 91702
(626) 812-5254
REQUEST FOR QUALIFICATIONS
FOR ON-CALL ENVIRONMENTAL ENGINEERING AND NPDES STORMWATER
PROGRAM MANAGEMENT SERVICES
1. INTRODUCTION
The City is required to be compliant with the National Pollutant Discharge Elimination System
(NPDES) Permit for any MS4 (Municipal Separate Storm Sewer) discharges into the coastal
watersheds in Los Angeles County established by Order NO. R4-2021-0105 NPDES PERMIT
NO. CAS004004 (NPDES Permit) effective September 11, 2021 and expiring September 11, 2026.
The City of Azusa (City) is a 9.1 square mile suburban community undergoing exciting renewal.
Azusa is a city of nearly 50,000 residents and home to Azusa Pacific University and nearby Citrus
College. Azusa has both historic and new neighborhoods, with over 1,200 new homes under
construction or soon to break ground. The City has a capital improvements program (CIP) budget
of approximately $5.2 million, including 23 projects that are currently under design and/or in
construction.
The successful consultants may be awarded a contract to provide as-needed services with specific
details to be contained in individual Task Orders. Task Orders may be issued by the City’s Director
of Public Works/City Engineer or City Manager based on qualifications of proposed staff and an
evaluation of the Scope of Fee Proposal prepared for each specific Task Order and will depend on
the availability of funds. The City reserves the right to request a scope of work and fee proposal
for each individual Task Order at its sole discretion. Task Orders may be for a specific project or
may be for general staff augmentation for any period of time at the City’s sole discretion.
The City does not guarantee the award of any specific quantity of Task Orders or a total contract
amount to the selected consultants.
2. GENERAL TERMS AND CONDITIONS
This Request for Qualifications (RFQ) is intended to select (3) three qualified consultants to
provide on-call professional engineering services to the Public Works Department of the City of
Azusa. The on-call contract will be for a minimum period of three (3) years with options to extend
the contract for two (2) additional one-year periods. This document outlines the requirements and
minimum qualifications, selection process and documentation necessary to submit a statement of
qualifications in response to this solicitation.
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Accompanying this RFQ is Appendix A, which contains a copy of the standard City contract the
selected consultant will be required to sign for this project. Each prospective consultant is expected
to review the general terms and conditions and acknowledge their acceptance of Appendix A in
the Proposal Cover letter.
3. PURPOSE
The Naional Pollution Discharge Elimination System (NPDES) Permit issued by the California
Regional Water Quality Control Board requires permittees to develop and implement, within their
applicable jurisdictions, programs that perform NPDES stormwater inspections at commercial and
industrial facilities, inform and assist property and business owners on actions needed to comply
with the applicable MS4 Permit(s) and County and State stormwater regulations, and appropriately
document compliance with these requirements.
The services are needed to bring the City of Azusa into compliance with:
First round of Industrial/Commercial facility inspections required by the Permit under
NPDES NO. CAS004004 Revised Tentative Regional Phase I MS4 Permit VIII.E
Industrial/Commercial Facilities Program.
Assist with preparation of Annual Reports and other reports for submittal to the Regional
Water Board by their respective deadlines each year for the duration of the NPDES NO.
CAS004004 MS4 Permit
Perform permit compliance related tasks to keep City of Azusa in good standing with
Regional Water Quality Control Board.
Submit Los Angeles County Safe Clean Water Program annual expenditure reports and
annual budget plans
In addition, the City needs assistance to perform on an on-call basis:
SWPPP reviews
Low Impact Development or Stormwater Mitigation Plans reviews
Review other environmental requirements associated with land development
The scope of services includes the need for development of a plan outlining how the City will
maintain compliance with the requirements of the 2021 Los Angeles Regional Water Quality
Control Board MS4 Permit and any subsequent approved amendment thereof.
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The MS4 Permit directs permittees to implement:
Industrial / Commercial (I/C) Facilities Program to track, educate, inspect, and ensure
compliance at critical stormwater pollutant source facilities.
Design a Facilities Program to prevent illicit discharges into the MS4 and receiving waters,
reduce industrial/commercial discharges of storm water to the maximum extent
practicable, and prevent industrial/commercial discharges from the MS4 from causing or
contributing to a violation of receiving water limitations.
The new MS4 Permit requires the City to inspect:
Industrial and commercial critical source facilities include restaurants, automotive service,
retail gasoline outlets (RGOs), nursery centers, and any other facilities determined by the
MS4 permittee to contribute substantial pollutant loads.
All I/C facilities twice during the five-year term of the Order, provided that the first round
of mandatory compliance inspection occurs no later than two years after the effective date
of this order. The second round of mandatory compliance inspections occurs between year
3 and 5 of the five-year term of the MS4 Permit.
All services performed by the consultant or any sub-consultant shall be provided in a
manner consistent with the level of care and skill exercised by members of the consultant's
or the respective sub-consultant's profession. Such services shall be performed under the
direct supervision of qualified and experienced personnel. The specific types of services to
be provided may include, but are not limited to, the services described in Section 5 of this
RFQ.
4. RFQ CONTENT AND FORMAT
LETTER OF TRANSMITTAL/COVER LETTER/EXECUTIVE SUMMARY
At a minimum, include the following items in the proposal:
A letter of transmittal shall be addressed to Robert Delgadillo, PE, Director of Public Works, and
must, at a minimum, contain the following information:
a. Executive summary emphasizing the strong points of the project team, qualifications and
experience.
b. Proposed working relationship between Proposer and sub-consultants, if applicable.
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c. A statement to the effect that the proposal shall remain valid for a period of not less than
90 days from the date of submittal.
d. Acknowledgement of all addenda, if any.
e. Signed statement attesting that all information submitted with the proposal is true and
correct.
f. Identification of Proposer who will have contractual responsibility with the City of
Azusa. Identification shall include legal name of company, corporate address, telephone
number and email address of the contact person identified during the period of proposal
evaluation.
FORMAT
Proposals shall be typed and submitted on 8 1/2" x 11'' size paper. The entire proposal shall be no
more than 18 pages double sided or 36 pages single sided (not including transmittal letter, Table
of Contents, and required forms). Proposers should not include any unnecessarily elaborate
promotional material. Lengthy narrative is discouraged and proposals should be brief, clear and
concise. Please note that foldouts, if used, should be limited to spreadsheets and graphics integral
to the proposed services.
To avoid confusion in the commonly used terminologies, the Scope of Services refers to the
general needs that the City wishes to receive while the Scope of Work refers to the detailed step
by step listing of tasks that consultants will follow to carry out the Work Plan.
QUALIFICATIONS, RELEVANT EXPERIENCE AND REFERENCES.
This section of the proposal shall establish the ability of the Proposer to satisfactorily perform the
required work by reasons of: experience in performing work of a similar nature to the Scope of
Services shown in Section 4; proven competence in the services to be provided; strength and
stability of the firm; staffing capability; current work load to demonstrate availability to complete
required services in accordance with the agreed upon schedule; track record of meeting schedules
on similar projects and supportive client references. The Proposer shall:
a. Provide a brief profile of the firm, including the types of services offered; the year
founded; form of the organization (corporation, partnership, or sole proprietorship);
number, size and location of offices; total number of employees; and number of active
projects the firm is currently managing.
b. Describe the firm's experience in performing work of a similar nature to that solicited in
this RFQ and highlight the participation in such work by the key personnel proposed for
assignment to the City. Proposers shall demonstrate involvement as prime consultant in
completed projects within the past 5 years.
c. Describe specialized training, experience and professional competence in the area
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directly relevant to the scope of the Project.
d. Identify all sub-consultants by company name, address, contact person, telephone
number and project function, as applicable. The list should include a summary of the
roles and responsibilities of each sub-consultant. Sub-consultants shall also demonstrate
their involvement in similar work completed in the past 5 years.
e. Provide a minimum of three (3) references for completed work similar to the services
sought by this RFQ. Furnish the contact name, title, email, address and telephone number
of the person at each client agency/organization who is most knowledgeable about the
work performed.
PROPOSED TEAM
This section of the proposal shall establish the method that will be used by the Proposer to provide
requested services as well as identify key personnel assigned. The Proposer shall:
a. Provide the education, training, experience and applicable professional credentials of the
proposed Project Manager.
b. Furnish brief resumes (one page maximum per resume) for the proposed Project
Manager and key personnel (including any sub-consultants).
c. Identify key personnel proposed to perform the specified tasks and include major areas
of sub-consultant work. Key personnel will not change without the prior written
concurrence of the City of Azusa.
d. Include an organizational chart with clearly defining roles, lines of communication, and
support services.
DETAILED WORK PLAN
The Proposer shall provide a narrative addressing the Scope of Services and demonstrating the
Proposer's understanding of the City of Azusa’s needs and requirements. Consultant should
propose a scope of work which more effectively and/or efficiently meets the permitting and
program requirements. The Proposer shall:
a. Demonstrate understanding of the Scope of Services described in Section 5 and identify
and provide possible solutions to mitigate potential issues and constraints.
b. Describe the proposed approach and work plan for completing the services specified in
the Scope of Services. The description of the proposed approach shall discuss the
services in sufficient detail to demonstrate the Proposer’s ability to accomplish the City’s
objectives.
c. Propose a Scope of Work which includes a list of tasks and sub-tasks that will carry out
and complete the scope of work. Each tasks and subtasks shall also indicate the relative
effort in man-hours to complete it. The consultant is encouraged to propose innovative
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or creative methods that will improve the program.
d. Prepare a compliance schedule based on the scope of services.
e. Describe approach to managing resources, including a description of the role(s) of any
sub- consultants, if applicable, their specific responsibilities, and how their work will be
supervised. Identify methods that Proposer will use to ensure quality, budget, and
schedule control.
EXCEPTIONS AND DEVIATIONS
Proposer shall state any exceptions or deviations from the requirements of this RFQ which are to
be separated as "technical" exceptions and "contractual" exceptions, and which may constitute
exceptions to the agreement. The Proposer shall thoroughly explain any alternative approaches to
meeting the City’s technical or contractual requirements.
Additional details on exceptions and deviations are covered in Section 7 – Other Stipulations. If
no exceptions are noted, Proposer will be deemed to have accepted the all requirements as set forth
in Section 8 - Proposed Agreement.
5. SCOPE OF SERVICES
GENERAL
Stormwater Program Management Services are needed to fulfill National Pollution Discharge
Elimination System (NPDES) objectives. The core services are needed to ensure the City’s is
capable to implement:
Coordinated Integrated Monitoring Program (CIMP)
Manage and implement the Industrial and Commercial Facilities Control Program
Manage and implement the Illicit Connections and Illicit Discharge Program
Manage Public Information/Participation
Manage Public Agency Activities Programs
Develop the MS4 Annual Report and other Permit required reports by their respective
deadlines.
Provide optional as-needed Plan Checking and Inspection Services for new
developments, Capital Improvement Projects, and projects which require Low Impact
Development (LID) and/or on-site Best Management Practices to lessen the impacts of
development on stormwater quality and quantity.
The objectives of this Program are to develop and implement a plan outlining how the City will
maintain compliance with the requirements of the current 2021 Los Angeles Regional Water
Quality Control Board MS4 Permit and any subsequent approved amendments thereof.
The selected firm will be expected to furnish all personnel to meet City requirements made herein
and provide the following services:
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SCOPE OF SERVICES
The following is a proposed scope of services for the implementation of the Program.
A. Administration
1. The Consultant shall assign a program manager that will be the main point of contact
with City staff. The program manager must be available provide all guidance on the
entire program administration.
2. Keep City staff informed of the various State and Regional Permit mandates,
regulations and initiatives. Provide a written report to City staff on the discussion
topics, critical dates, action items and recommendations on a quarterly basis.
3. Conduct a program review and develop recommendations that can be used to help
determine annual and long-term effectiveness of the storm water program.
4. Meet monthy or as required with City staff to review progress in performing required
tasks involved with MS4 permit compliance and Watershed Management Plan
(WMP) and Coordinated Integrated Monitoring Program (CIMP) implementation.
5. Annually hold NPDES Permit compliance training for all City staff for whom
training is required.
6. Maintain up-to-date NPDES Program files with MS4 permit related documents as
necessary.
7. Develop and provide Public Education and Outreach materials for distribution.
8. Review, edit, update, and/or assist with the development relevant ordinances or other
regulatory mechanisms to maintain adequate legal authority to meet the requirements
of the Permit.
9. Implement and maintain effective enforcement program per the MS4 permit and
recommend changes to improve the enforcement program.
10. Prepare, with input from the City, the Los Angeles County MS4 Permit Annual
Report for submittal to the Regional Water Board by December 15th of each year.
11. Submit Los Angeles County Safe Clean Water Program annual expenditure reports
and annual budget plans
12. Develop recommendations, policies and procedures to achieve compliance with
Trash and Bacteria TMDLs.
13. Verify and/or assist City with compliance plans to minimize stormwater pollution
impacts from City-owned or operated facilities and activities.
14. Update an inventory and map of all Permittee-owned or operated facilities are up to
compliance in Microsoft Excel format.
15. Verify that implemented activity specific BMPs such as catch basin cleaning, open
channel maintenance, street sweeping, and appropriate pesticide applications are up
to current compliance standards.
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16. Assist City in identifying potential funding opportunities and assist the City in
applying for stormwater-related grants. City will require a scope of work and a fee
proposal for preparing grant applications as the grant opportunities are identified.
17. Provide quarterly updates on the status of the stormwater program and compliance.
B. Industrial/Commercial Facilities Program
1. Perform stormwater related inspections of all designated industrial and commercial
facilities as required by the MS4 Permit. There are approximately 560 Industrial and
Commercial Facilities located within the City limits that are subject to NPDES MS4
Permit I/C Facility Inspections.
FACILITY TYPE NO.
Nursery 5
Automotive Repair 125
Retail Gasoline Outlets 20
Restaurant and food Service 200
Other commercial or Incorrect SIC Facilities 20
Industrial General Permit (NOI or Traditional) 45
Industrial General Permit Non-Filer 15
Industrial General Permit Notice of Violation 5
Industrial General Permit NEC Mandatory Verification 80
Industrial General Permit Non-Filer Notice of Violation 30
Other Industrial Municipal or Incorrect SIC Facilities 15
First round shall be completed between years 1 and 2 of the permit, and the second
round shall be completed between years 3 and 5 of the permit.
Provide a program capacity to perform approximately 30 inspection per month to
achieve the first round of inspections, or provide an alternative effective approach.
2. Verify proper implementation of Best Management Practices at
industrial/commercial facilities to ensure NPDES compliance to reduce the
contribution of pollutants to the MS4 from industrial/commercial activities per the
most current MS4 permit
3. Distribute appropriate Best Management Practices information handouts to facilities
(e.g. CASQA manual) during inspections.
4. Conduct follow-up inspections as required by the MS4 Permit.
5. Update the Watershed-based tracking database of all industrial and commercial
facilities.
C. Planning and Land Development Program
1. Review, prepare conditions of approval for, and approve land development plans for
compliance with the MS4 Permit, as needed.
2. Review priority development, redevelopment and Capital Improvement Program
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projects as required by the latest MS4 Permit.
3. Review and plan check Low Impact Development Reports and Plans, as needed.
4. Review Storm Water Pollution Prevention Plan (SWPPP) reports for compliance, as
needed.
5. Perform NPDES compliance inspections on as required by the MS4 Permit on
construction and land development projects.
6. Maintain records as part of the NPDES-compliance inspections efforts for ongoing
development and construction projects, as needed.
7. Review land development Hydrology and Hydraulic calculations
D. Illicit Connections and Illicit Discharges (IC/ID) Elimination Program (as assigned based on
an hourly rates)
1. Evaluate existing policies and enhance existing procedures for eliminating the source
of IC/IDs. Provide support in implementing requirements such as identifying and
assessing priority areas, GIS mapping, identifying and inspecting specific types of
businesses and stormwater pollution sources, conducting illicit discharge detection
and elimination source investigations and corrective actions, and preparing,
reviewing and updating the spill response plan.
2. Develop Notice of Violation letters, including follow-up letters.
3. Verify that the developed procedures for conducting source investigations for IC/ID
are current and in compliance with regulations and standards.
4. Verify that the developed and implemented Outfall Screening and Inventory Program
is updated.
E. Implement Coordinated Integrated Monitoring Program
1. Coordinate with Watershed Management groups performing receiving water
monitoring and obtain copies of monitoring data for City staff for use in reporting to
the Los Angeles Regional Water Quality Control Board. Part of this process requires
working with existing MOU’s and other agreements.
2. Investigate any discovered significant non-storm water flows to determine the source
of the flow.
F. Trash TMDL reporting
1. Prepare and submit trash TMDL annual report as required by the MS4 Permit.
2. Inspection of City’s [Devices - Automatic Retractable Screens (ARS) and Connector
Pipe Screen (CPS)] on City-owned and Los Angeles County-owned catch basins will
be performed by City’s catch basin maintenance contractor and Consultant will be
expected to coordinate to obtain information.
3. Recommend improvements for non-compliant catch basin based on the MS4 permit.
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FEE SCHEDULE
Proposers shall submit an hourly rate schedule which shall remain in effect for the duration of the
services. Any proposed travel or reimbursable expenses shall also be included in the proposed fee.
Per diem or mileage reimbursable expenses and escalation cost will be not be allowed. The
proposal shall also include all costs and supplemental expenses related to photocopying, postage,
travel, etc. (i.e. Reimbursement expenses). To the extent that a Task Order contemplates the use
of sub consultants to perform any one or more of the above described tasks on the proposer’s
behalf, the task order shall identify all sub consultants with the fee for each sub consultant in the
Fee Schedule.
6. CONSULTANT SELECTION
The Public Works Department will evaluate all proposals based on, but not limited to, the
following criteria and will be assigned a score with a maximum of 100 points:
a) Completeness: Completeness of proposal. (20 points)
b) Experience: Consultant’s demonstrated understanding of the Scope of Services and
experience in providing services of a similar nature. (40 points)
c) Technical Competence: The amount of resources and the individual qualifications of staff
proposed to perform the required services. (40 points)
The City reserves the right to require an oral overview of any and all respondents prior to the final
scoring and selection. In the event an oral interview is required, the respondents will be provided
with a minimum advanced notice of one (1) week.
7. RIGHT TO REJECT ALL PROPOSALS
The City reserves the right to reject any and/or all proposals submitted. No guarantee is made
hereby that any contract will be awarded pursuant to this RFQ, or otherwise. All costs incurred in
the preparation of the proposals, in the submission of additional information, and/or in any other
aspect of a proposal prior to the award of a written contract will be borne by the respondent(s).
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8. PROPOSAL SUBMITTAL
Three (3) hard copies and a digital copy the proposal (PDF) shall be presented in a sealed
envelope/package bearing the name, address, and telephone number of the individual or entity
submitting the proposal and shall be addressed as follows:
Miguel Cabanas, PE
Principal Civil Engineer
mcabanas@azusaca.gov
213 E Foothill Boulevard
Azusa, CA 91702
The proposal shall be delivered to the above address on or before 5:00 PM on July 18, 2023.
For inquiries, please contact Miguel Cabanas at mcabanas@azusaca.gov or (626) 812-5264.
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APPENDIX A
SAMPLE CONTRACT
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[[Model - Remove this Title When Used]]
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 organization organized under the laws of the State of
California with its principal place of business at 213 East Foothill Boulevard, Azusa, California
91702-1295 ("City") and [___INSERT NAME___], a [___[INSERT TYPE OF ENTITY -
CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL
ENTITY]___] with its principal place of business at [___INSERT ADDRESS___]
("Consultant"). City and Consultant are sometimes individually referred to 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, state and federal laws, rules and
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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.
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 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___].
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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 or 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 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 herein. 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 Laws and Regulations. 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, pursuant to the indemnification provisions of this Agreement, from any claim or
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liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work 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.
3.2.10.2 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:
(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) Workers’
Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the
State of California and Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General
Liability: $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,
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: $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 $1,000,000 per accident for bodily injury or
disease.
3.2.10.3 Professional Liability. [INCLUDE 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 Project, errors
and omissions liability insurance appropriate to their profession. Such insurance shall be in an
amount not less than $1,000,000 [INCREASE IF NECESSARY - OTHERWISE LEAVE AS
IS AND DELETE THIS NOTE] per claim, and shall be endorsed to include contractual
liability.
3.2.10.4 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:
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(A) General Liability. The general liability policy shall be endorsed to state that: (1) the
City, its directors, officials, officers, employees, agents and volunteers shall be covered as
additional insured with respect to the Work or operations performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work; 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.
(B) Automobile Liability. The automobile liability policy shall be endorsed 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.
(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.
(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 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.
3.2.10.5 Separation of Insureds; No Special Limitations. 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.
3.2.10.6 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.
Page 19 of 29
3.2.10.7 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.
3.2.10.8 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 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,
certified copies of all required insurance policies, at any time.
3.2.11 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 and maintenance of all safety
measures.
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 City's
_________________. 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
shall describe the amount of Services and supplies provided since the initial 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.
Page 20 of 29
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 Regulations, Title 8,
Section 1600, 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 Accounting Records.
3.4.1 Maintenance and Inspection. 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.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 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
compensated 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.
Page 21 of 29
3.5.1.2 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.
3.5.1.3 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.
3.5.2 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 East Foothill Blvd.
Azusa, CA 91702-1295
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, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 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
Page 22 of 29
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement (“Documents & Data”). 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 representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be
limited in any way in its use of the Documents and Data at any time, provided that any such use
not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other
Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall
not, without the prior written consent of City, be used by Consultant for any purposes other than
the performance of the Services. Nor shall such materials be disclosed 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, newspaper, television or radio production or other similar medium
without the prior written consent of City.
3.5.4 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.
3.5.5 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.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its 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, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the Services,
the Project or this Agreement, including without limitation the payment of all consequential
damages and attorneys fees and other related costs and expenses. Consultant shall defend, at
Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its directors, officials,
officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award
or decree that may be rendered against City or its directors, officials, officers, employees, agents
or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City
Page 23 of 29
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 not be restricted to
insurance proceeds, if any, received by the City, its directors, officials officers, employees,
agents or volunteers. [***IF FOR DESIGN PROFESSIONAL SERVICES (ARCHITECT,
LANDSCAPE ARCHITECT, ENGINEER OR LAND SURVEYOR), USE THE
FOLLOWING ALTERNATIVE LANGUAGE AND DELETE THE ABOVE
LANGUAGE. To the fullest extent permitted by law, Contractor shall defend, indemnify and
hold the City, its 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,
in law or equity, to property or persons, including wrongful death, in any manner arising out of,
pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful
misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors
arising out of or in connection with the performance of the Contractor’s Services, including
without limitation the payment of all consequential damages, expert witness fees, and attorneys
fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost,
expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against City, its directors, officials, officers, employees,
agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may
be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in
any such suit, action or other legal proceeding. Contractor 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.
Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials officers, employees, agents, or volunteers.***]
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with
respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other
consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns
of the parties.
3.5.12 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,
Page 24 of 29
hypothecation or transfer.
3.5.13 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.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 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.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
3.5.17 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.
3.5.18 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. 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.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, 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
Page 25 of 29
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 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 Worker's 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.
3.5.21 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.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work
required by this Agreement, except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
CITY OF AZUSA [INSERT NAME OF CONSULTANT]
By: By: ______________________________
City Manager [Name] [Title]
Attest:
Page 26 of 29
______________________________
Jeffrey Lawrence Cornejo Jr.
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
Exhibit "A"
Scope of Services
[INSERT SCOPE]
Exhibit "B"
Schedule of Services
[INSERT SCHEDULE]
Exhibit "C"
Compensation
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]