Request For Proposals ARTIC to Anaheim Resort Anaheim Fixed

Request For Proposals ARTIC to Anaheim Resort “Anaheim Fixed-Guideway” Project Management Consultant City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 Key RFP Dates RFP Issued: Questions from Proposers: Response to Questions: Proposal Due Date: Interview Date: Contract Award: December 1, 2008 December 15, 2008 December 18, 2008 December 22, 2008 TBD February 2009 December 1, 2008 Dear Consultant, The City of Anaheim (City) is soliciting proposals from qualified consulting firms to provide Project Management Consultant services to support the project development and detailed planning phases for its “Go Local” Anaheim Fixed-Guideway Project. The selected consultant shall function as an extension of City staff and supplement City staff by providing specialized expertise in project management and oversight to support completion of the Alternatives Analysis (AA), Draft and Final EIR and EIS, and Advanced Conceptual Engineering for the Anaheim Regional Transportation Intermodal Center (ARTIC) to the Anaheim Resort Connector Project (“Anaheim FixedGuideway”). This letter, together with its enclosures, comprises the Request for Proposal (RFP) for this engagement. Responses to the RFP should be submitted according to the instructions outlined herein. I. Introduction The City of Anaheim is soliciting proposals from qualified consulting firms, teams or consultants, hereafter called “Consultant,” with demonstrated experience in managing and overseeing transit alternatives analysis, environmental impact analysis (CEQA and NEPA), electrical rail and guideway systems, service planning, capital and operations and maintenance cost estimating, transit ridership projections, traffic operations and engineering, parking analysis, station design, maintenance and operations facility design, public involvement, financial planning, and expertise in OCTA, Federal, State and Local transportation funding. II. Submittal Requirements Form of Proposal and Due Date Interested firms must submit one (1) unbound original, seven (7) bound copies, and an electronic version (in Adobe PDF format) on cd-rom of their Proposal no later than 1:00 p.m., December 22, 2008 to: Jamie Lai, P.E., Transit Manager City of Anaheim Public Works Department/Transit Planning Division 200 S. Anaheim Blvd., #276 Anaheim, CA 92805 Proposals received after that date and time will not be considered. Faxed or emailed proposals will not be accepted. 1 In furtherance of the City’s resource conservation policy, proposers are asked to print proposals double-sided and are encouraged to use recycled paper. Proposals should not exceed forty-five (45) pages in length, excluding the transmittal letters, appendices and dividers. Proposal content and completeness are most important. Clarity is essential and will be considered in assessing the proposer's capabilities. Proposals should be typed and submitted on 8 ½” x 11” size papers. Proposals should not include promotional material. Each proposal should include: A. Transmittal Letter A transmittal letter signed by an official authorized to solicit business and enter into contracts for the firm must accompany the proposal. The transmittal letter should include the name and telephone number of a contact person, and describe the working relationship between the proposer and sub-consultants, if any. The transmittal letter should include a statement that the proposal is a firm offer to contract with the City of Anaheim to perform the work according to the terms of the RFP for a minimum of ninety (90) days from the due date of submission. The transmittal letter should also include a statement that the Project Manager and key personnel will be available to the extent proposed for the duration of the project and that the Project Manager and key personnel shall not be removed or replaced without the prior written approval of the City. B. Title Page The title page should show the RFP subject, the name of the proposer’s firm, local address, telephone number, name of contact person, and the date. C. Table of Contents The table of contents should include a clear identification of the material by section and page number. D. Overview and Summary This section should clearly convey the consultant’s understanding of the nature of the work and the general approach to be taken. It should include, but not be limited to, the following: • Firm’s/team’s familiarity and experience with managing and overseeing transit alternatives analysis, environmental impact analysis (CEQA and NEPA), electrical rail and guideway systems, service planning, capital and operations and maintenance cost estimating, transit ridership projections, traffic operations and engineering, parking analysis, station design, maintenance and operations facility design, public involvement, financial planning, and expertise in OCTA, Federal, State and Local transportation funding; Successful experience in managing complex infrastructure projects on time and within budget, and directing and reviewing the work of a interdisciplinary team of consultants; • 2 • Ability to manage complex infrastructure projects on time and within budget and to direct and review the work of a team of interdisciplinary consultants; Experience with advising public agencies on innovative financing strategies and alternative project delivery methods; A discussion of the purpose of the project, familiarity of the OCTA Go Local Program, The Platinum Triangle, and the Anaheim Resort District land uses and constraints; Commitment to representing and advocating on behalf of the City’s best interests; General understanding of public agencies’ policies, standards and practices, CEQA/NEPA procedures, CPUC requirements, Federal Transit Administration (FTA) New Starts application procedures and requirements; and An identification of the most difficult issues or risk factors affecting the implementation of the project and how these issues will be addressed. • • • • • E. Qualifications, References and Relevant Experience 1. A detailed statement of the firm’s qualifications and previous experience in conducting similar work, and one page resumes of the personnel the consultant intends to use to perform the project, summarizing the individual’s training and experience relevant to this project. This section should demonstrate experience and expertise in all areas required to perform work described in the Scope of Work. The resumes of key subcontractor personnel also need to be included. 2. A summary (no longer than one page each) of at least three (3) projects similar in subject matter and scope to this project, including the client agency, the contract term and amount, and a contact person (with telephone number) who may be contacted as a reference. 3. A summary of qualifications of proposed individual consultant(s) designated to be the advisor to the City. Please indicate the percentage of time that each team member will devote to this engagement and identify the project manager. F. Work Plan Consultant shall provide a narrative that addresses the Scope of Work and shows consultant's understanding of the City’s needs and requirements. Consultant shall describe the approach and work plan for completing the services specified in the Scope of Work. The work plan shall be of such detail to demonstrate the consultant’s ability to accomplish the project objectives and overall schedule. The Consultant may suggest alternatives to the proposed tasks and deliverables that facilitate achievement 3 of the project objectives, provided that all tasks in the Scope of Work section of this RFP are addressed and all alternative approaches are justified in the proposal. A detailed staffing plan, including an organization chart, for each task and subtask of the work. (This section may be combined with the detailed work plan). Identify all staff by name and the specific tasks for which each individual will be responsible. The proposal must also identify adequacy of labor resources for the duration of the project, utilizing a table projecting the labor-hour allocation to the project. Also include each team member’s current and projected availability, including a summary of time allocated to other projects. A detailed Critical Path Method (CPM) schedule using Microsoft Project, showing the expected and logical sequence of tasks, subtasks, and important milestones, with start and end dates for each task. G. Fee Schedule Consultant shall submit a Fee Schedule as its cost proposal. The Fee Schedule should include classifications, names, and hourly billing rates of individuals proposed for the project. III. Selection Process The City intends to evaluate the proposed services based on the following general criteria: 1. Qualifications and directly related experience of the specific individuals who will work on the project, particularly the quality and experience of the designated project manager. 2. Amount and quality of time key personnel will be involved in their respective portions of the project. 3. Demonstrated record of success by the consultant on work previously performed of a similar nature. 4. The specific methods and techniques to be employed by the consultant on the project, including the overall quality of the work plan, logic, clarity, and specificity of the work plan, ability to meet the project deadline, reasonableness of proposed schedule, and implementation of suggested technical and procedural innovations. 5. Ability to formulate creative and reasonable solutions to finance and deliver large transit infrastructure projects. 4 6. Responsiveness to the City of Anaheim RFP terms and completeness of response in accordance with RFP requirements. 7. Reasonableness of the fee requested to do the work. IV. Termination of RFP This RFP may be cancelled at any time and any and all proposals may be rejected in whole or in part if the Director of Public Works determines such action to be in the best interest of the City of Anaheim. V. General Requirements/Information 1. Compensation and Project Schedule: To maintain maximum flexibility, the City proposes to contract for services on a time and material basis with a Not-to Exceed total contract amount of $500,000, plus a $100,000 contingency for extra services to be authorized by the Director of Public Works, as needed. Consultant shall invoice the City on a monthly basis for payments corresponding to the work actually completed by consultant. Payments will be made based on actual hours worked on the project. The City expects this portion of the Project to commence in February 2009 and be completed in approximately two years. 2. Insurance and Indemnification: The Agreement between the City and the selected firm will contain the city’s standard insurance and indemnification language of agreements of this type, this language is set forth in attached Appendices I and II. Please read these two Appendices carefully. Proof of insurance will be required prior to the City’s award of contract. 3. Conflict of Interest: Respondents representing the OCTA as its FixedGuideway Project Management Consultant are precluded from proposing the Anaheim Fixed-Guideway Project Management Consultant. In addition, the selected consultant will be required per City’s conflict of interest policy, to complete California Form 700 (Statement of Economic Interest). 4. Questions: Questions regarding the RFP should be directed in writing, by mail or by email only to the person designated below on or before December 15, 2008. Phone calls regarding this RFP will not be accepted. Responses to questions will be posted on the City’s website by December 18, 2008. Jamie Lai P.E., Transit Manager City of Anaheim Public Works Department/Transit Planning Division 200 S. Anaheim Blvd., #276 Anaheim, CA 92805 jlai@anaheim.net 5 City of Anaheim Scope of Work for Anaheim Fixed-Guideway Project Management Consultant INTRODUCTION The City of Anaheim is seeking Project Management Consultant services to support the preconstruction phases for a Transit Fixed-Guideway System along a high volume corridor that connects the Anaheim Regional Transportation Intermodal Center (ARTIC) to two key centers of interest The Anaheim Resort and The Platinum Triangle. The selected consultant shall function as an extension of City staff and supplement City staff by providing specialized expertise in project management, contract management and oversight to support the completion of the transit Alternatives Analysis (AA), Advanced Conceptual Engineering and Environmental Clearance phases for a Transit Fixed-Guideway System in the City of Anaheim. The objectives are the selection of a Preferred Investment Strategy and a Locally Preferred Alternative (LPA) for the Anaheim Fixed-Guideway project and full environmental clearance for the LPA, so that the project is positioned competitively to seek funds through the Orange County Transportation Authority’s (OCTA) Go Local and renewed Measure M programs and other state and federal funding sources. The Project Management Consultant (Consultant) will be called upon to assist the City by providing staff assistance and technical expertise in managing and overseeing the transit guideway project from detailed planning thru completion of advanced conceptual engineering. The City will contract separately for a technical team to conduct the transit alternatives analysis, environmental, and engineering. The purpose of the Project Management Consultant is to assist the City in the day to day management and oversight of the technical study and to offer strategic advice in the delivery of the project. The Fixed-Guideway AA will fully define the range of potential alternatives for this project including reviews of potential at-grade or aerial alignments, station locations, technologies, costs, benefits, and feasibility. The Draft and Final EIR/EIS shall evaluate the potential environmental impacts and the appropriate mitigation measures. The study corridor generally extends from the proposed ARTIC regional transportation hub in The Platinum Triangle in the City of Anaheim to The Anaheim Resort District, approximately 3 to 5 miles in distance. The Anaheim Fixed-Guideway system is envisioned to operate as a high-capacity, collector-distributor system, providing convenient and efficient transfers to Metrolink, Amtrak, Bus Rapid Transit (BRT), local bus, and future high-speed train services connecting at ARTIC. Most importantly, this system will link Orange County’s “backbone” Metrolink commuter rail system to the City’s major employment and activity centers - The Platinum Triangle and The Anaheim Resort District. This system can help stimulate and support economic development and land use objectives along the corridor between these two activity centers, which are destinations for more than 23 million annual visitors. The Anaheim Resort is also one of the largest job centers in Orange County, with an estimated 25,000 jobs. In addition, The Anaheim Resort District has the highest concentration of hotel rooms in Orange County. The proposed Fixed-Guideway system will allow residents, visitors and workers to access jobs, 6 shopping and recreation at the Disneyland Resort, Anaheim Convention Center, Garden Walk, Platinum Triangle neighborhoods, Angel Stadium of Anaheim, and Honda Center, while also being able to quickly connect to regional transit at ARTIC. It is estimated to generate the highest ridership numbers in the City’s transit system. By 2030 there will be more than 20,000 residents and 27,000 jobs within 1/4 mile of the corridor. Moreover, this system may reduce the need for parking associated with expansion plans of both the Disneyland Resort and the Anaheim Convention Center. BACKGROUND In 2006, voters in Orange County approved the renewal of Measure M (a half-cent local transportation sales tax), to fund future transportation investments. The Renewed Measure M Transportation Investment Plan is a 30-year, $11.8 billion program – with 25% of the net revenue, or $2.83 billion, to be dedicated solely to countywide transit programs. The Orange County Transportation Authority (OCTA) created The Go Local Program that provides funding through transit grants, so that Orange County cities can improve transit access to Metrolink (commuter train) service. The Go Local program is a four-step process to plan and implement city initiated transit extensions to OCTA’s Metrolink commuter rail line. The Metrolink rail line is the backbone of the transit network in Orange County. Two-thirds of Orange County’s population and jobs are within a four-mile radius of each of the county’s 11 Metrolink stations. Because of the proximity of potential commuter rail users, and the growing demand for rail service, OCTA is pursuing plans to increase Metrolink service to 30-minute headway along the Orange County Line by the 2010. In December 2007, the City of Anaheim adopted a Go Local Transit Master Plan (Plan) that seeks to meet current and future mobility needs as part of Step 1 (www.anaheim.net). A major focus of the Plan was to conceptually define feeder routes to improve connectivity to the City’s two Metrolink stations - the future ARTIC and the Anaheim Canyon Station. One of the six connections identified in the Plan is the Anaheim Fixed-Guideway project. On September 22, 2008, the OCTA Board approved a Cooperative Agreement with the City of Anaheim, in an amount not to exceed $5.9 million, to enter into Step 2 for detailed planning, alternatives analysis, conceptual engineering, and state and federal environmental clearance for the proposed Anaheim Fixed-Guideway project (see Appendix III). The project management consultant shall thoroughly understand OCTA’s Go Local program, the Renewed Measure M funding programs, and the roles and responsibilities and reporting requirements outlined in the cooperative agreement. The Step 2 work effort has been divided into key project milestones in which the cities will be required to report to the OCTA Board on the status of work at each milestone and seek approval of the board to advance to the subsequent project milestone. Project milestones include: • • • Completion of the AA, including technical studies; Approval and adoption of the locally preferred alternative (LPA) by the City Council; and Completion of draft environmental documents. 7 Study Scope and Schedule Consultant shall function as an extension of City staff and supplement City staff by providing specialized expertise as required to effectively manage the pre-construction phases of the Anaheim Fixed-Guideway Project. Under this scope of work, the Consultant shall assist City staff in the oversight, management, and completion of all work associated with the development of the Anaheim Fixed-Guideway project from planning thru pre-construction. The Consultant shall direct, oversee, and participate in the procurement of preliminary engineering, environmental and special study contracts needed for the Fixed Guideway Project. Consultant’s support shall be in the following general categories: • • • • • • • Project Management and Coordination Technical Oversight and Support Strategic Advice on Alternative Project Delivery Approaches Planning Contract Management Project Controls Administrative Support The City will provide overall direction for the Fixed-Guideway project and assign its own staff to perform specific job responsibilities, as required. Consultant shall serve as extension of City staff and provide specialized expertise consistent with this scope of work and as requested. The Consultant shall provide Project Management Consultant services for the duration of transit corridor study, estimated completion of 24 months. Detailed Work Tasks Task 1 Project Management and Coordination The Consultant shall assist the City in managing all pre-construction activities associated with the Fixed-Guideway Project. The Consultant shall work with the City, other consultants, state agencies and its agents, Caltrans, Orange County Transportation Authority (OCTA), utilities companies, and other stakeholders to plan and develop the Step 2 phase of the Anaheim Fixed-Guideway project in a timely manner. Activities include, but are not limited to: • • • • • • Project management activities, collaborative practices and problem solving. Directs, oversees, and participates in project development including project definition, confirmation of budget, preliminary engineering and environmental, coordination of procurement/bidding process, and recommends approval of/award of contracts. On-going project management direction and coordination. Write and maintain project management plans with particular emphasis on meeting OCTA Go Local Program requirements. Support in coordination of interagency and public/involvement/consensus building including the preparation of presentation materials and making presentations, as needed, and documentation of this process. Ability to maintain and foster relationships with agencies, property owners, and other consultants. 8 • • • • Task 2 Assist in coordinating project with agencies such as Caltrans, California Transportation Commission, California Public Utilities Commission, OCTA, Metrolink, utility companies, and other local agencies and stakeholders. Represent the City in committee meetings, project development team meetings, and workshops. Preparing City Council and Commission staff reports and making presentations. Respond to verbal and written inquiries from developers, builders, contractors and other individuals as needed. Technical Oversight and Support The Consultant shall assist the City in the oversight of work performed by other consultants hired to complete the preliminary engineering and environmental phases as well as other preconstruction activities. The Consultant shall provide technical assistance and oversight on an ongoing basis. For purposes of this proposal it should be assumed that work will be performed by consultant staff out of the consultant’s offices as necessary, support in technical areas will be specifically requested and identified by the City. The Consultant will ensure his/her availability throughout the duration of the contract. Activities include, but are not limited to: Technical Oversight • • • • • • • • • Monitor and oversee other consultant’s work, including performing design reviews. Perform highly advanced technical reviews of plans, specification studies, and reports for the design and construction of a fixed-guideway system. Review and comment on engineering plans and drawings for compliance with City ordinances, design standards, right-of-way issues, and for overall integrity. Prepares and/or reviews the computation of engineering calculations for various construction design features in order to detect potential problems and determine potential solutions. Establish project delivery plans and monitor adherence to them. Assure quality and efficient/timely completion of all pre-construction project components. Coordinate design reviews by other governmental agencies and private companies. Utility coordination and agreement preparation and execution assistance. Perform field investigations and research. Technical Support • Consultant shall provide as-needed engineering and technical expertise in all major components of architecture and engineering (civil, structural, electrical, traffic, mechanical, drainage, utilities) as they pertain to the design of the Anaheim FixedGuideway project. Development, maintenance, and control of design criteria and standards for fixed guideway projects. Prepare and review transit cost estimates and unit costs in accordance with Federal Transit Administration and applicable California Transportation Commission and Caltrans guidelines. Prepare scopes of work and Request for Proposals/Qualifications for preliminary engineering, Plans Specifications & Estimates (PS&E), and construction documents as well as other special study requirements. 9 • • • • • • • • • • • • Task 3 Advise City on CEQA/NEPA and FTA requirements. Review and critique capital and operation and maintenance (O&M) cost estimates. Advise City staff in technical matters and assist in the resolution of technical issues and problems. Safety, security, and regulatory requirements expertise. Value engineering and constructability review expertise as needed. Provide expertise in review and preparing comments on preliminary engineering and environmental documents. Risk analysis support. Preparation of graphics and visuals. Specialized studies as assigned. Strategic Advice on Alternative Project Delivery Approaches The Consultant shall advise the City on innovative strategies and alternative approaches to implementing the Anaheim Fixed-Guideway project. Activities include, but are not limited to: • • • • • Evaluating the merit of delivering the project as Public-Private Partnership (PPP). Identifying innovative strategies for addressing funding shortfalls. Interviewing and arranging meetings with transit agencies with recent transit PPP experience for applicability to Anaheim. Evaluating the City’s legal capacity for PPP under state law. Exploring, comparing, and contrasting the costs, benefits, efficiencies, feasibility and risks of implementing the Anaheim Fixed-Guideway project through design-bid-build (DBB), design-build (DB), design-build-operate-maintain (DBOM), and design-buildfinance-operate-maintain (DBFOM) delivery approaches. Advise the City on the candidacy of FTA New Starts funding for future phases of project implementation. Advise and assist the City in preparing grant applications for other Federal and State funding sources. Planning • • Task 4 The Consultant shall assist the City with planning activities for the Anaheim Fixed-Guideway Project as requested. Activities include, but are not limited to: • • • • • • • • • • • • Providing oversight of other consultants performing planning activities. Establishing committees/task forces/working group meetings. Public outreach coordination. Support City staff in in-house planning activities. Support City staff on its Go Local Step 2 Mixed-Flows Bus applications. Transportation and land use coordination. Identifying needed updates/studies for the ARTIC. Provide expertise in financial analysis. Prepare required reports for meeting California Transportation requirements, if applicable. Coordinating legislative amendments. Travel data analysis and evaluation. Service planning and operational analysis. Commission 10 • • • • • Task 5 Preparation of graphics and visuals. Specialized studies as assigned. Staying current and coordinating with OCTA and Metrolink long range plans. Assist City with Go Local Step 3 application. Preparation of grant applications. Contract Management The Consultant shall provide contract management assistance to City staff. It is anticipated that the City will procure separate contracts for project definition/preliminary engineering and environmental clearance for the Anaheim Fixed-Guideway Project, as well as update of the ARTIC. Activities include, but are not limited to: • Directs, oversees, and participates in preparation of Requests for Proposals for planning, design, surveying, and environmental services in support of the preconstruction activities for the Anaheim Fixed-Guideway Project and update of the ARTIC. Develops terms and conditions for contract agreements, and prepares contract documents, proposal specifications and verifies plans and specifications for accuracy. Assist City staff in preparing cooperative agreements with other agencies, and consultant agreements, amendments, and scopes of work. Assist in reviewing other consultant invoices for compliance with contract or cooperative agreement terms, including review for accuracy and consistency. Assist in administering payments, and other associated general administrative activities. Prepare project status reports. Project Controls • • • • • Task 6 The Consultant shall assist the City staff with scheduling, budgeting, cost control, change control, quality control, and document control. Activities include, but are not limited to: • • • • • Assist in establishing and maintaining the Anaheim Fixed-Guideway Project schedule and maintain schedule adherence. Assist in establishing project budgets and monitoring cost estimating by other consultants. Manage and maintain current cost estimates for the project and evaluate and incorporate any cost or project scope changes. Monitor the Quality Assurance/Quality Control (QA/QC) program established by other consultants working on the fixed guideway project, including establishing an overall program standard of quality and monitoring its adherence. Update, manage, and maintain all incoming and outgoing documents. Other document control activities include the logging and storage of archival information, security of controlled documents, and electronic file maintenance. Accurate records of correspondence, drawings, reports, and other project related documents and deliverables shall be maintained. Provide expertise of state-of-the-art knowledge of information technology practices as related to project controls. • 11 Task 7 Administrative Support The Consultant shall provide day-to-day technical and administrative support for the project and report to the City’s representative, overseeing the Anaheim Fixed-Guideway Project. This administrative support shall include all necessary administrative assistance. Anticipated activities include, but are not limited to: • • • • Assisting in the preparation of reports and correspondence letters. Arranging and coordinating meeting dates, times and locations. Data processing and preparation of databases, spreadsheets, flow diagrams, agendas, minutes, coordinate travel arrangements, and assist in drafting PowerPoint presentations. Research and summarization as requested. Anticipated Deliverables: The consultant shall submit the deliverables pertinent to tasks assigned by the City. It is anticipated that the deliverables for the Anaheim Fixed-Guideway Project will include, but are not limited to: • • • • • • • • • • • • • • • • • • • • • • • Project management plans Project delivery plans Design/other consultant reviews Utility agreements Design criteria(s) and standards Cost estimates (capita and O&M) Value engineering, constructability reports California Transportation Commission/Caltrans required documents Risk analysis documentation Technical reports and studies as assigned Planning reports and studies as assigned Graphics, maps, aerials, and visuals Agency cooperative agreements Procurement and contract management documents Monthly project status reports (see Appendix IV) Project schedules and budgets Quality Assurance/Quality Check monitoring reports Document control logs Project closeouts Meeting agendas and minutes City Council and Commission staff reports Attendance and participation at all meetings Stakeholder briefings Specific deliverables will be further defined during the term of the contract. 12 Staffing Support The Consultant shall work in an integrated team relationship with City staff members, as well as other consultants. The Consultant core staff shall provide Project Management Consultant services and function as extension of City staff. The Consultant core staff shall be assigned full-time and shall be available Monday thru Friday. The level of effort of this core staff will be re-evaluated periodically to assure that the appropriate level of support is maintained. The City shall have sole discretion in defining and making changes in positions and tasks assigned to the Consultant during any re-evaluations. Due to the potential variability in the Anaheim Fixed-Guideway project requirements, the Consultant shall supplement the core staff by providing the City approved specialized personnel/expertise as required to assist in effectively providing the scope of services identified above. At times, the City may require the consultant to work out of City offices. The City will provide an appropriate work area; however, the Consultant is expected to provide his/her own computer hardware and software resources. 13 Appendix I Standard Insurance Language (for use with RFPs for architectural-, engineering-, or consulting-type agreements) __________________________________________ Note: The following represents the City’s standard language for the insurance provisions in its contracts. With few exceptions, the language in the final agreement will be as shown here. If a proposer has any concerns regarding any of the City’s insurance language or requirements which would render the proposer unable or unwilling to enter into an agreement with the City, proposer shall identify these concerns in its proposal. Be specific. Deviations from the City’s standard language may be considered by the City in its evaluation of the responsiveness of a proposal. __________________________________________ Section #. INSURANCE Without limiting ANAHEIM’s right to indemnification, it is agreed that CONSULTANT shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows: Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence, with a waiver of subrogation in favor of ANAHEIM and OCTA. Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability, in an amount not less than $1,000,000 per occurrence, $2,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, without a self-insured retention, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement. Comprehensive Automobile Liability Coverage including—as applicable—owned, nonowned, and hired autos, in an amount not less than $1,000,000 per occurrence, combined single limit, as required by California law. Professional Liability Insurance in an amount not less than $1,000,000 per occurrence, and CONSULTANT shall maintain such coverage for at least one (1) year from the termination of this Agreement. Such insurance shall be written on a primary basis, without a selfinsured retention, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement. 14 Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions: “This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non-payment of premium which shall provide for not less than ten (10) days notice.” Each insurance policy required by this Agreement, excepting policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions: “It is agreed that any insurance maintained by CONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City of Anaheim.” “The City of Anaheim, the Orange County Transportation Authority, their officers, agents, employees, and representatives are added as additional insureds as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.” Prior to commencing any work under this Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide ANAHEIM (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action. In addition to other remedies ANAHEIM may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option: Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; 15 Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s, (or CONSULTANT’s contractors/subcontractor, if any) performance of the work covered under this Agreement. In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure (i) that the acts or omissions of such persons or firms are covered under the above-referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT under this Agreement (except for firms which are not performing professional services—such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, CONSULTANT shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM. ANAHEIM’s Risk Manager is hereby authorized to reduce the requirements set forth herein in the event he determines that such reduction is in ANAHEIM’s best interest. 16 Appendix II Standard Indemnification Provision Risk Management v – 4/06 (for use with RFPs for architectural-, engineering-, and consulting-type agreements) __________________________________________ The following represents the City’s standard language for the indemnification, defense, and hold harmless provisions in its contracts. With very few exceptions, the language in the final Agreement will be as shown here. If a proposer has any concerns regarding any of the City’s indemnification language which would render the proposer unable or unwilling to enter into an agreement with the City, proposer shall identify these concerns in his proposal. Be specific. Deviations from the City’s standard language may be considered by the City in its evaluation of the responsiveness of a proposal. [Note: Proposer should also be aware it is the City’s practice not to enter into agreements that contain a limitation of liability provision.] __________________________________________ Section # . INDEMNIFICATION Risk Mgt – 12/15/04 As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, OCTA, their officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, arising directly out of CONSULTANT’s (or CONSULTANT’s contractors’ or subcontractors’, if any) negligent acts, errors or omissions in the performance of professional services under this Agreement. As respects all acts, errors or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at ANAHEIM's option), and hold harmless ANAHEIM, OCTA, their officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONSULTANT’s (or CONSULTANT's contractors’ or subcontractors’, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims which arise out of the sole negligence or wilful misconduct of ANAHEIM. The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, CONSULTANT, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement. 17