Citywide Sanitary Sewer Improvement Program
October 2021
REQUEST FOR PROPOSAL (RFP)
FOR
CITYWIDE SANITARY SEWER IMPROVEMENT PROGRAM
OCTOBER 2021
ACCOUNT NOS.: 211-412-I807; ALLEY S/O BROADWAY FROM CITRON STREET TO
WEST STREEET & WEST STREET FROM ALLEY S/O BROADWAY TO
SANTA ANA STREET
592-412-I808; ROBIN STREET FROM ROBIN PLACE TO ROMNEYA
DRIVE
CITY OF ANAHEIM
Public Works Department
200 S. Anaheim Boulevard, Suite 276
Anaheim, CA 92805
David K. Mori, Esq., P.E.
Design Services Manager
Approved for Release:
Carlos Castellanos
City Engineer
Public Works Department
KEY RFP DATES (Subject to change at discretion of City):
Issue Date: Tuesday, October 5, 2021
Deadline for Requests for Information: Tuesday, October 26, 2021 @ 4:00 PM
Proposal Due Date: Monday, November 8, 2021 @
4:00 PM
Proposal Reviews (week of): Monday, November 15, 2021 Presentation/Interviews, if necessary (week of) : Monday, November 29, 2021
Citywide Sanitary Sewer Improvement Program
October 2021
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be rece ived from qualified firms for the following two (2) Sanitary Sewer Improvement Projects:
1. RCP No. 2021-18768: Alley s/o Broadway from Citr on St to West St & West St from Alley s/o Broadway to Santa Ana St
2. RCP No. 2021-18771: Robin Street from Robin Place to Romneya Drive
Request for Information (R FI’s) to this Request for Proposals (RFP) will be accepted until Tuesday, October 26, 2021 at 4:00 P.M. Proposals to this RF P will be accepted until Monday, November 8, 2021 at 4:00PM. Proposals received after this date/time will not be considered. It is the responsibility of the Consultant to ensure that any proposals submitted have sufficient time to be received by the City of Anaheim prior to this proposal due date and time. Ea ch project shall have a single proposal for it if the proposer is interested in more than 1 project they shall submit a project specific proposal for each project of interest.
Proposals shall ONLY be uploaded or sent electronically through PlanetBids.
Proposals shall NOT be sent via telegraphic, mail, e-mail or facsimile.
Fee proposal shall ONLY be sent via mail, hand delivered, or sent by courier no later than 4:00 PM (PST) November 8, 2021.
Mark envelope with the following “Sealed Bid, Do Not Open With City Mail”. Please send the Fee Proposal to the following address:
“SEALED PROPOSAL FOR
CITYWIDE SANITARY SEWER IMPROVEMENT PROGRAM
OCTOBER 2021
IN THE CITY OF ANAHEIM”
City of Anaheim
Public Works Department, 2nd Floor
200 S. Anaheim Boulevard, Suite 276
Anaheim, CA 92805
Attn: Kevin Miako, Project Manager
All notifications, updates and addenda will be available online and can be accessed on PlanetBids at:
https://pbsystem.planetbids.com/portal/14424/bo/bo-detail/87177 Consultants shall be responsible for registering onto PlanetBids to obtain information regarding this solicitation. Failure to res pond to required addenda will result in a determination of a nonresponsive proposal.
Citywide Sanitary Sewer Improvement Program
October 2021
CITY OF ANAHEIM
REQUEST FOR PROPOSALS
FOR
CITYWIDE SANITARY SEWER IMPROVEMENT PROGRAM
OCTOBER 2021
TABLE OF CONTENTS
I. GENERAL
II. PROPOSAL TERMS AND CONDITIONS
A. EXAMINATION
B. PROPOSAL VALIDITY
C. PRE-CONTRACTUAL EXPENSES
D. JOINT OFFERS/SUBCONSULTANTS
III. INSTRUCTIONS TO CONSULTANTS
A. CITY RESPONSIBILITIES
B. CONSULTANT RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. CITY RIGHT TO REJECT
IV. BACKGROUND AND D ESCRIPTION OF PROJECT
V. GENERAL PROJECT REQUIREMENTS AND SCOPE OF WORK
VI. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
1. STATEMENT OF QUALIFICATIONS
2. SCOPE OF SERVICES & SCHEDULE
3. FEE PROPOSAL
VII. GENERAL INFORMATION
VIII. INFORMATION/SERVICES TO BE FURNISHED TO THE SELECTED CONSULTANT BY CITY IX. PROPOSAL REVIEW (CONSULTANT SELECTION)
X. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
XI. IMPLEMENTATION
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
XII. PUBLIC RECORDS
XIII. RIGHT TO REJECT ALL PROPOSALS
XIV. ATTACHMENTS
ATTACHMENT A: PROJECT LOCATIONS
ATTACHMENTS B AND C: EACH PROJECT LOCATION
ATTACHMENT D: CONFLICT OF INTEREST
ATTACHMENT E: DESIGNATION OF SUB-CONTRACTORS FORM
ATTACHMENT F & G: INSURANCE/SAMPLE STANDARD AGREEMENT
ATTACHMENT H: CITY OF ANAHEIM SURVEY STANDARDS
ATTACHMENT I: DEPARTMENT OF PUBLIC WO RKS, ENGINEERING EL ECTRONIC-PLAN
REVIEW (EPC) SUBMITTAL REQUIREMENTS
Citywide Sanitary Sewer Improvement Program
October 2021
CITY OF ANAHEIM
REQUEST FOR PROPOSALS
FOR
CITYWIDE SANITARY SEWER IMPROVEMENT PROGRAM
OCTOBER 2021
I. GENERAL
Nature of Work:
The City of Anaheim (City) is seeking consultant(s) to prov ide design services for the following two (2) Sanitary Sewer Improvement Projects as shown in Attachment A.
1. RCP No. 2021-18768: Alley s/o Broadway from Citron Street to West Street & West Street from Alley s/o Broadway to Santa Ana Street
2. RCP No. 2021-18771: Robin Street from Robin Place to Romneya Drive
The City is seeking highly qualif ied firms(s) that offers the technical expertise and depth to assist in the successful project delivery of these two sewer improvement projects.
Number of Proposals and Signature:
Five (5) hard copies of each independent project specific Proposal and one (1) digital file on a labeled USB Flash Drive (or equivalent) of your proposal shall be provided. The Proposal shall be signed by a company official with the power to bind the company and submitted to the City of Anaheim. One (1) Fee Proposal shall be submitted under a separate sealed envelope for EACH of the projects, and not be included in the digital file. A separate submittal package shall be required for each RCP/Project (listed above) that the prospective proposer desires to propose on.
EACH project specific Proposal shall be signed by a company official with the power to bind the company and submit to the City of Anaheim duly completed Attachments D and E.
One (1) Cost Proposal for EACH of the projects shall be submitted in a separate sealed envelope labeled with the corresponding RCP No. and Project Title.
Refer to Section VI. SUBMITTAL REQUIREMENTS subsection B, inclusive and part of this RFP for additional information.
Prevailing Wages:
In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Department and shall be made available to any interested party on request.
Department of Industrial Relations Compliance:
These projects are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Citywide Sanitary Sewer Improvement Program
October 2021
No contractor or subcontractor may be listed on a proposal or awarded a contract for a Public Works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Designation of Subcontractors’ form (Attachment E) , attached with this Request for Proposals shall be completed and submitted with the Proposal. Failure to submit the form shall be deemed as non-responsive and may be just cause for the rejection of the proposal.
‘Contractor of subcontractor’ means a firm, corporation, partnership, or association who will be substantially responsible or will engage in the performance of any contract for public works project, subject to labor compliance program as determined by the Department of Industrial Relations.
Conflict of Interest Compliance:
Conflict of interest is governed by The Political Reform Act (Government Code Sections 81000-91014) and Government Code Section 1090, per Attachment D. The Consultant shall complete, sign and return this form with the Proposal. Failure to submit the form shall be deemed as non-responsive and may be just cause for the rejection of the proposal.
II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Consultant acknowledges that he has thoroughly examined and accepts the Terms and Conditions of this RFP as described below:
A. EXAMINATION: Consultant acknowledges that he has thoroughly examined and become familiar with the services and responsibi lities required by this RFP and that he is capable of effectively and efficiently pe rforming quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.
B. PROPOSAL VALIDITY: Services, pricing and warranties indicated in the Consultant’s Proposal must be valid for a period of 120 calendar days after the submission of the Proposal.
C. PRE-CONTRACTUAL EXPENSES: Anaheim shall not, in any event, be liable for any pre-contractual expenses incurred by Consultants in the preparation of its proposal.
D. JOINT OFFERS/SUBCONSULTANTS: Where two or more Consultants desire to submit a single Proposal in response to this RFP, they should do so on a prime-subconsultant basis. The City intends to contract with a single firm PER EACH PROJECT and not with multiple firms doing business as a joint v enture. If subconsu ltants are used, the Consultant shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work.
Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreemen t shall apply to all subconsultants in the same manner as the Consultant.
III. INSTRUCTIONS TO CONSULTANTS
Citywide Sanitary Sewer Improvement Program
October 2021
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein.
B. CONSULTANT RESPONSIBILITIES
Point of Contact: The selected Consultant will assume responsibility for all services in its proposal. The selected Consultant shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.
The Consultant shall be responsible for collecting and disseminating the data, records, and documents in the preparation of all design documents.
The Consultant is expected to establish and maintain a close working relationship with City staff throughout the project.
The selected Consultant shall maintain the same Project Manager for the duration of the project, as specified in the approved proposal. In the event the authorized Project Manager terminates employmen t, the Consultant shall ma ke a demonstrated and concentrated effort to maintain the Proj ect Manager in the key managerial position, unless extreme conditions prohibit continuance. Any substitution of the Project Manager will require written City approval. The Consultant shall perform no less than 50% (of the contract amount) of the work with its own work force.
Any changes in the scope of work resulting in a contract increase or decrease in fee shall be approved, in writing, by the City Engineer prior to the commencement of actual change of work. No fee adjustment shall be allowed unless it is based on said prior written approval.
C. REQUEST FOR INFORMAT ION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via the PlanetBids Portal.
The consultants are prohibited from communicating with any City representative/employee/official/consultant/staff other than via the PlanetBids Portal.
Only questions and answers responded to on PlanetBids or any addendums issued on PlanetBids will be a part of this RFP solicit ation. Consultants may submit written questions concerning this RFP on PlanetBids per the Key RFP Dates on the title page.
Questions received after the stated deadline will not be answered.
D. ADDENDA
Any changes in the RFP from the date of release to the due date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids.
Citywide Sanitary Sewer Improvement Program
October 2021
https://pbsystem.planetbids.com/portal/14424/bo/bo-detail/87177 E. LICENSES & PERMITS
The selected Consultant shall be required to obtain a City of Anaheim Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Anaheim.
Additionally, the Consultant will be respons ible for obtaining any licenses/permits required by the Scope of Work.
https://anaheim.eplansoftreview.com/#/login?portal=CityCIP F. INSURANCE
The selected Consultant shall be required to maintain and comply with the insurance coverages, liabilities and provisions of the current Standard Agreement or amendments.
See Attachments F and G.
G. CITY RIGHT TO REJECT
The City reserves the right to reject any or all submitted proposals when such rejection is in the interest of the City to reject the Proposal of the Consultant who has not met the prerequisites of the RFP, who has previously failed to perform properly or complete on time contracts of a similar nature; and to reject the proposal of the Consultant who is, in the opinion of City, in a position unable to perform the contract. The City also reserves the right to waive any information and technicalities in the RFP. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the awar d of a written contract will be borne by the Consultant. The City will only provide the staff assistance and documentation specifically referred to herein, and will not be responsible for any ot her cost or obligation that may be incurred by the Consultant. All propos als submitted to the City shall become the property of the City of Anaheim.
IV. BACKGROUND AND DESCRIPTION OF PROJECT
These proposed improvements will address the capacity and operational deficiencies under the existing conditions for the said two (2) ar eas. The majority of the sewer systems were constructed with 6” minimum di ameter instead of t he City’s current minimum standard 8- inches in diameter. Other locations require ups izing from 8” in diam eter, as specifically shown in Attachments B and C . Implementation of this pr ogram will improve the overall performance, reduce maintenance costs, ensure capacity for future developments, and maintain the reliability of the sewer system. These projects will also include improvements to the existing driveway approaches, sidewalks, curbs, curb & gutter, street, ADA access ramps, etc adjacent to the projects and affected by construction activities.
V. GENERAL PROJECT REQU IREMENTS AND SCOPE OF WORK
The Proposal should reflect a thorough underst anding of the City’s values and vision, incorporating all the necessary guidelines, policies and requirements, all collectively complying to the Central Anaheim Master Plan of Sanitary Sewers (Central Anaheim MPSS), First Revision, December 2017 and related City of Anaheim Desi gn Standards and
Citywide Sanitary Sewer Improvement Program
October 2021
Specifications.
https://www.anaheim.net/DocumentCenter/View/20610/CAMPSS_12182017_FINAL- revised
Attachments B and C are included for reference.
The following is a general descr iption of the anticipated servic es, project components, and tasks. These components shall be viewed as flex ible in terms of their scope and order of schedule. Relative to the project’s constr uction completion schedule (Section VI), the Consultants are expected to s ubmit a detailed work plan/appr oach, including schedule and specific work tasks, through t he RFP submittal. The sele cted Consultants will also be required to submit a final work plan to the City for approval prio r to execution of a contract for each project.
The items of work presented should not be considered exhaustive. Consultants should expand the scope of work based on their experience and knowledge as they see appropriate.
Proposed services shall include, but are not limited to the following items:
1. Verify and confirm pipe and manhole data (invert elevation, size, flow direction, etc.) from the Central Anaheim Master Plan of Sanitary Sewers (WAMPSS), dated June 2019 and/or “as-built drawings”). The design may include siphons, jacking, boring, casing the sewer line, and sewer pipe bedding calculations if needed. In addition, hydraulic calculations for the existing and build-out sewer flows shall be included and substantiated by calculations.
2. Perform all necessary research to establish the precise location of all utilities based on the latest available records.
3. Develop all preliminary feasible alternative alignments and diversions from or into the selected sanitary sewer improvement. The alternatives should be evaluated further to determine their feasibility. All improvements are designed to address the recommended build-out sewer needs in the WAMPSS. Current City capacity criteria of max d/D are 0.67 for pipes with diameters < 12” and 0.75 for pipes with diameters > 12”. The preferred City design capacity of max d/D are 0.5 for pipes with diameters < 12” and 0.6 for pipes with diameters > 12” if possible.
4. Provide field topographical survey work as required to identify all necessary information to complete design including the existing facilities like median islands, curb & gutter, sidewalk, right of way, water, sewer, street light/pull box, etc.
The survey work shall comply with the City survey requirements listed in Attachment H.
5. Provide Preliminar y Design Report (PDR):
a. Evaluate various construction methods (i.e. trenchless, open cut, pipe bursting, etc.) and potential alignments;
Citywide Sanitary Sewer Improvement Program
October 2021
b. All alternative alignments must be substantiated using flow monitoring (for at least 14 consecutive days) to determine the actual existing flow condition.
c. Present a matrix of the different alternat ives in order of preference including cost comparisons of the different alternatives based on the current economic environment.
d. Recommend a preferred method and alignment.
All related design requirements needed for the preferred method and alignment shall be completely performed to warrant the feasibility of the recommendation(s) made, such as redesigning/relocating conflicting utilities/facilities.
6. Provide pothole services for all utility crossi ngs and potential conflicts with other projects.
Prior to the 50% submittal of plans and specifications, potholing will be required to locate active and abandoned utilities wit hin the project site. Pothol es shall also identify the existing pavement structural section (thickness of asphalt concrete, Portland cement concrete, asphalt base, base materials, nativ e, etc.). Note: A City Right of Way Construction Permit (RCP) will be required to pothole in the street and traffic control plans will need to be provided.
Note: All potholes in the roadway or alleyway shall include final restoration adhering to City’s Standards 132. The cost for restoration shall be included in the proposed fee. All work within the City Right of Way are subject to permit application and requirements.
Pothole permitting shall submit plans showing pothole loca tions, duly dimensioned, referencing from known visible features. Tra ffic control plans shall be provided by the proposer and approved by the City prior to the permit issuance.
In addition to the estimated potholes required to locate active abandoned utilities within the project site as aforem entioned, an additional five (5) days of potholing work (approximately 30 potholes) shal l be included in the proposal to address unforeseen underground field conditions. The use of this additional potholing task requires the City’s written approval.
7. Perform preliminary pipeli ne inspection. Pipeline cleaning shall be performed by the Consultant prior to the closed circuit television (CCTV) work to remove any debris, roots, obstructions, and materials that prevent proper in spection of the condition of the sanitary sewer system.
8. Coordinate utility work with the City and all impacted agencies prior to developing the final alignment for the selected sanitary sewer improvements. Coordinate with all impacted stakeholders on sc heduling, costs, and permits necessary for any reconstruction/relocation of existing utilities. Prior to the 50% submittal, the selected consultant shall provide an electronic format of the 50% submittal (.pdf format) to the City. An electronic copy of the 50% design submittals are to be sent to the City utilizing the City’s Electronic Submittal process drafted on Attachment I (1 set of plans, 1 set of specifications and 1 cost estimate) and to be forwarded to all affected utility companies.
The 50% submittal shall in clude horizontal and vertical alignments with pertinent information to verify accuracy of design (i.e. inverts, slopes, stations, and others).
Vertical alignment shall show all potential utility crossings based on potholing data. The selected consultant shall provide the city copies of all correspondences, including all
Citywide Sanitary Sewer Improvement Program
October 2021
pertinent data provided by the contacted utility companies in electronic format.
https://anaheim.eplansoftreview.com/#/login?portal=CityCIP
Provide coordination with the businesses and residents (private owners) affected by the improvements and obtain applicable permits fr om other public agencies and cities (as needed) such as the State of California Department of Transportation (Caltrans), Union Pacific Railroad (UPRR), Orange County Sanita tion District (OCSD), City of Orange, County of Orange, Orange Count y Transportation Auth ority (OCTA), and other applicable permits as necessary.
9. During the 50% design workshop, the select ed consultant shall present a PowerPoint presentation that includes but is not limited to the following:
a. Project Background and Scope;
b. Preliminary Design;
i. RFP Recommendation;
ii. Alternatives taken into consideration and their analysis; iii. Best Management Practices (BMP’s);
iv. Pavement Comparisons (Asphalt Conc rete (AC), Portland Cement Concrete (PCC), Porous Surfaces,)
v. Preferred design;
c. Technical Information;
i. Utilities/Cross Sections;
ii. Depth of flow to Pipe Diameter Ratios (d/D);
iii. Operations (various method(s) to complete preferred design);
iv. Traffic Control (Including but not lim ited to: Pedestrian, Service Pickups, Traffic, Ingress/Egress, etc...);
d. Project Timeline;
e. Project Cost
f. Project Benefit ( Citywide/Neighborhood)
10. Provide coordination with t he businesses, residents (private owners) and Home Owners Association (HOA) affected by the improv ements and obtain applicable permits from other public agencies and cities (as needed) such as the State of California Department of Transportation (Caltrans), Union Pacific Railroad (UPRR), Railroad Agencies/Owners, Orange County Sanitation Distric t (OCSD), City of Orange, County of Orange, Orange County Transportation Authority (OCTA), and other applicable permits as necessary.
11. Prepare plans, specifications and estimates (PS&E) including all needed environmental documents ((Notice of Exception, NEPA, Mitigated Negative Declaration, etc.; including but not limited to all applic able items discussed in item 10 above), per the latest applicable codes, regulations an d standards, as well as all re-design/relocation of all utilities and facilities that ar e in conflict with the final se wer alignment. Extra strength vitrified clay pipe (VCP) with compression joints shall be used for all pipe improvements, unless otherwise directed by the City.
12. Develop a final alignment and grades for the selected sani tary sewer improvements.
Provide soil borings for the selected projec t alignment. The depth of the borings shall
Citywide Sanitary Sewer Improvement Program
October 2021
be at least 3 feet deeper than the lowest required invert unless otherwise specified. The geotechnical report shall contain soil classification, in-place density, relative compaction, sand equivalent, infiltration capacity, depth to groundwater (if any), soil stability related to trench excavation, pavement secti on thickness, and any other related recommendations. The soils report shall be reviewed and approved by a registered Geotechnical Engineer. Note: A City Right of Way Constr uction Permit (RCP) will be required to perform the geotechnic al investigation in the str eet and traffic control plans will need to be provided. Final surface restoration shall be included in the proposed price with the same requirements as potholing restorations.
13. Provide traffic-engineering services for temporary striping and signing during construction and the final permanent stripi ng and signing upon the completion of construction. Traffic control plans shall be included at the 50% and 90% submittals to the City.
Traffic control methods and plans:
a. Shall conform to the requirements of th e Manual of Uniform Traffic Control Devices (MUTCD) (latest editions) and Work Area Traffic Control Handbook (WATCH Manual) (latest editions) at a minimum. The Consul tant shall work wit h the City’s Project Manager to coordinate work locations prior to submitting the plans for permitting. b. Traffic Control Plans may be required for th e following activity(ies) per the direction of the City’s Traffic Engineering (but is not limited to):
i. Surveying
ii. Potholing & Borings
iii. Construction Phase (Implementation)
iv. Work within the City’s Right-of-Way
v. Additional field investigations as deemed necessary for this project c. The Consultant is to incorporate the costs/effort (unless as otherwise stated/clarified to be inclusive of NO FEE PERMIT in various sections of this RFP) required to design, process, permit (goPost/EPR permi t requirements at found here; https://anaheim.eplansoftreview.com/#/login?portal=anaheim ), implement, and obtain approval(s) from key stakeholders (p rivate, local, state, federal, etc…) necessary to safely and effectively comple te the scope of work as outlined in the Request for Proposal (RFP) or other authoriz ed work. The Consultant shall also be responsible for adhering to all the requirem ents in the EPR system for all submittals as required to obtain permit approval. The City shall issue a no-fee permit for work within the City’s Right-of-Way. All work shall be included in the task for Traffic Control.
Propose a “not-to-exceed” dollar amount.
14. Provide plans for City internal use, showi ng limits of trench, street pavement, sidewalk, curb, curb & gutter, alley approach, etc., areas for estimate and inspection purposes.
15. Provide CAD drawings for City internal use, delineati ng limits of im provements or construction work including but not limited to trench, str eet pavement, sidewalk, curb, curb & gutter, alley approach, other hard scape/or landscape areas, etc… and other
Citywide Sanitary Sewer Improvement Program
October 2021
quantifiable areas/units for estimate and inspection purposes.
16. Coordinate work with the City of Anahe im and all impacted agencies prior to securing work approval for the final PS&E. Prior to the 90% submittal, the selected consultant shall provide an electronic form at of the 90% submittal (.pdf format) to the City. An electronic copy of the 50% design submittals are to be sent to the City utilizing the City’s Electronic Submittal process drafted on Attachment I (1 set of plans, 1 set of specifications and 1 cost estimate) and to be forwarded to all affected utility companies.
Provide the City copies of all correspondence s including all pertinent data provided by the contacted utility companies in electronic format. The Consultant shall ensure that the final design is compatible with all utilities in the project area to be installed, relocated, adjusted, or otherwise modified. A time assessment of any utility relocation should be incorporated into the construction schedule, as necessary. Provide a summary of 90% submittal review comments/responses and scanned red-lined plans in electronic format.
Special Provisions shall in clude comprehensive potholin g, geotechnical borings, permits, applicable standards and necessary information for proper construction of the improvements. The Consultant shall be required to create and submit a comment matrix log along with the resolution with each submittal.
https://anaheim.eplansoftreview.com/#/login?portal=CityCIP
17. Prepare one (1) Final Corrected plan (100% submittal) set on 24”x36” sheets. Prior to the 100% submittal, the selected consultant shall e-mail this plan check set in pdf format.
Produce and deliver one (1) master set of bound specifications per the latest City specification format, and one digital/elec tronic format project PS&E package. The topographic survey work and plans shall be compatible with the City’s Computer Aided- Design standard format/system (ACAD Civil 3D 2013), and all other project documents in digital/electronic format shall be compatible with the City’s computer applications (MS Office, MS Project, etc.). In addition, the Consultant wil l be required to provide blue line/copy reproductions for reviews as ne eded. The Consultant shall be required to create and submit a comment matrix log along with the resolution with each submittal.
https://anaheim.eplansoftreview. com/#/login?portal=CityCIP
18. In addition to the various coordination efforts, the selected Consultant will assist the City in partnerships to combine t he efforts of these project(s) in developing a complete neighborhood philosophy. The par tnership with other departm ents to maximize cost savings by combining other improvements (sidewalk, street, curb, curb and gutter, etc...) as part of the Final bid documents. The use of this additional partnership task requires the City’s written approval.
19. If Public Outreach Meeting(s) is/are required, the selected Consultant shall provide full support to the City. Consultant shall include necessary resources in this proposal for the task. Plan on two meetings. Use of this task budget requires the City’s written approval.
20. Time is of the essence. The project schedule shall firmly conform to the following City schedule:
All two (2) sanitary sewer projects shall be completed within ten (10) months after the Notice to Proceed is issued. Construction for these projects is anticipated to
Citywide Sanitary Sewer Improvement Program
October 2021
start on or before Winter 2021.
21. Provide on-going support services as r equired during the bid/award phase for any questions/clarifications from the Contractor and/or any revisions that may be necessary due to unforeseen conditions. A ssist City staff in the prepar ation of bidding/awarding documents. Propose a “not-to-exceed” dollar amount.
22. Provide on-going support services as required during the construction phase for any questions/clarifications from the Contractor and/or any revisions that may be necessary due to unforeseen conditions including appr opriate number of submittal reviews, construction observations and preparation of Record Drawing from As-Built information provided by the contractor. Propose a “not-to-exceed” dollar amount.
23. Monthly meetings with Cit y Staff, including preparation of meeting agenda, updated schedules, project reports and minutes of each meeting to subsequently follow each meeting.
24. Scheduling, noticing, and compilation of information for distribution to the public.
Coordination and attendance at Public Outreach meetings as required throughout all phases of the project.
25. It is the Consultant’s responsibility to research, collect and verify all information such as existing records and documents including documents furnished by the City in order to complete the project(s) on schedule and within budget.
SPECIAL PROJECT REQUIREMENTS:
All prospective consultants shall submit a proposal based on the requirements described as follows:
VI. SUBMITTAL REQUIREMENTS
A. GENERAL
1. Number of Copies and signature: Refer to Section I: General.
2. Deadline(s): Proposals are due to the City of Anaheim, at the date, time, and location set forth above in the Notice Inviting Proposals and Key RFP Dates.
B. PROPOSAL CONTENTS
All proposals shall be limited to a MAXIMU M of 20 pages, including the cover letter, appendices, charts, pictures, tables, schedule, resource allocation table and resumes but excluding front and back covers, section dividers, addendum acknowledgements, fee proposal, Conflict of Interest Form, and Designation of Sub-Contractors Form.
With the exception of the Schedule and Resource Hour Allocation Table, which may be on single-sided Tabloid paper size (11”x17”), the Proposal shall be on single-sided Letter sheets (8.5"x11"). Font size shall be minimum 11-point Arial (standard).
By signing the Conflict of Interest Form (included as ATTACHMENT “D” ), the
Citywide Sanitary Sewer Improvement Program
October 2021
Consultant declares and warrant s that no Anaheim public o fficial, or officer, or employee of the City has been or shall be co mpensated, directly or indirectly in connection with this proposal or any work connected with this proposal. The Conflict of Interest Form is not part of the page limit for the Proposal.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
No contractor or subcontractor may be listed on a proposal for a Public Works project (submitted on or after March 1, 2015) unl ess registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
No contractor or subcontractor may be awarded a contract for a Public Works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Design ation of Subcontractors’ form attached with this Request for Proposals shall be completed and submitted with the Proposal. Failure to submit shall be deemed non-responsive and may be just cause for the rejection of the proposal.
Contractor or subcontractor’ means a firm, corporation, partnership, or association who will be substantially responsible or will engage in the performance of any contract for Public Works project, subject to labor compliance program as determined by the Department of Industrial Relations.
Designation of Subcontract ors(s) must be completed and included as part of the proposal. Reference ATTACHMENT “E” for information of the Subcontractor(s) to be included.
1. STATEMENT OF QUALIFICATIONS
The Statement of Qualifications may include the following:
a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally bind ing commitments for the entity. Include address, telephone, email address and type of business entity. b. Agreement Statement: Propos al shall include a statement outlining your concurrence to all provisions as contained in the Standard Agreement (Attachment G).
c. Firm and Team Experience: Proposal shall include a profile of the firm’s experience.
Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project mana ger/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm. Pr ovide a demonstrated record of success by the consultant on work previously performed for the City, ot her municipalities, or other enterprises within the County.
Citywide Sanitary Sewer Improvement Program
October 2021
d. Understanding of Need: Proposal shall include an outline which demonstrates the firm’s understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful co mpletion, and suggestions or special concerns that the City should be made awar e of based on preliminary field/record investigation.
e. Relevant Project Experience: Proposal sha ll include a list of a ll feasible/applicable types of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencie s. Project information should include project description, year completed, cli ent name, along with a person to contact, a telephone number and email address.
f. Quality Assurance: Provide a descripti on of your Quality Assurance and Quality Control process / procedures and explain ho w it will ensure quality work and an on- time product delivery. Describe your procedure how City plan check comments will be addressed to avoid being repetitious during subsequent reviews.
2. SCOPE OF SERVICES & SCHEDULE
The Proposal shall detail the work phas es to be completed, the tasks to be accomplished and the deliverables to be provided in order to satisfy the Scope of Work (Section V). The Proposal may additionally itemiz e those services which are further required in the servicing of the account but are not noted in this RFP as requirements.
The Proposal will title this section as ADDITIONAL SERVICES.
In addition, provide a detailed schedule using the project milestones in the RFP, if applicable. The detailed schedule shall identify all pertinent tasks, time required to complete each task, milestones, time for City review (use 15 calendar days for each review), time for revising drafts, and tentative completion date to complete the design.
In addition, provide a Resource Hour Allocation Table shall show the amount of time allotted for the Project M anager, Project Engineer, and other team members for the project as well as the total estimated working hours proposed to complete the project for the prime and all sub-consultants. Show only the number of the total estimated working hours, not the dollar amount in the proposal. The proposed fee shall be submitted in a separate sealed envelope.
3. FEE PROPOSAL:
The Consultant’s fee proposal shall be su bmitted concurrently with the technical proposal, but in a separate sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work, clear ly indicating the grand total and optional items. For the Fee Propos al Portion, an 11”x17” size paper will be accepted.
A “time and materials” not-to-exceed fee shall include reimbursable expenses as percentage of total fees. Separate subtotal s for tasks listed in the Scope of Work (Section V) . The proposal costs must be summarize d by task, the services to be provided by the Consultant, the product of each task and the cost for each task. A list of fees and expenses, including all incidental printing, photocopying and
Citywide Sanitary Sewer Improvement Program
October 2021
miscellaneous costs estimated to be accrued during the life of the contract must be provided in the reimbursable costs. A complete Work Breakdown Structure (WBS) and Earned Value Chart shall also be provided and used to monitor monthly progress payments. Total proposed fees, including the consultant’s and any sub- consultant’s hourly rate schedules, shall be submitted with the proposal in a separate sealed envelope. The sc hedule of fees will remain in e ffect for the duration of the project. The selected Consultant will work with the City to come up with a Work Breakdown Structure and Earned Value Chart that fits the project needs.
All work is to be invoiced to the City in accordance with this proposal and the Agreement for Consultant Services. The City will make payments no more than once monthly on approved invoices up to the negot iated fee. Consultant invoices shall include the list of tasks and subtasks (Wor k Breakdown Structure) corresponding to the same format as the cost summary subm itted with the proposal, number of hours and dates worked, name and title of person. The invoice shall be reviewed and signed by the Consultant’s Project Manager certifying its accuracy. The amount invoiced shall not exceed the amount shown on the Cost Summary, and Work Breakdown Structure for each phase of work. Consultant shall not proceed with any additional scope items without an approved addendum exec uted by the City. An Earned Value Chart shall accompany each monthly invoice to tra ck actual expenditur es to projected expenditures, and earned value against planned progress. If the design is behind schedule or not on budget, a recovery plan shall also be submitted with the invoice describing how the project will be put back on budget/schedule by the next monthly invoice or sooner. Consultant payments are contingent upon Consultant submitting bi- weekly project status r eport/schedule/WBS/earned value forms with each payment request.
In accordance with the California State Lab or Code, prevailing wage rates apply.
Copies of the prevailing rate of per diem wages are on file with the Public Works Department and shall be made available to any interested party on request.
VII. GENERAL IN FORMATION
A. The proposal submitted by t he Consultant is required to in clude all items contained in the RFP with respect to the services to be provided for the projec t, the scope of work described and information to be included in the proposal.
B. The proposal submitted by the Consultant shall not have any exclusions, conditions, or provisions applied to the item above (Section VII, Item A).
C. If either of the above two items (Section VII, Items A and B) is not abided by, the City may deem the proposal as non-responsive.
D. The Consultant shall be responsible for collecting and disseminating the data, records, and documents in the preparation of all design documents.
Citywide Sanitary Sewer Improvement Program
October 2021
E. The Consultant is expected to establish and maintain a close working relationship with City staff throughout the project.
F. All data, documents, or other products utilized/developed in the preparation of the studies, shall become property of the City upon completion of the project.
G. The Consultant will adhere to all permit requirement(s) as discussed in the foregoing relative sections for potholing, flow monitoring, geotechnical, etc. obtained as per the scope of work described in the proposal. The proposed fee for each of these items shall include all work requirements from the permit(s) and shall not be considered additional cost item(s). For City permitting guidelines for the electronic application/submittals, refer to ATTACHMENT I.
VIII. INFORMATION/SERVICES TO BE FURN ISHED TO THE SELECTED CONSULTANT BY
THE CITY
A. All available related mast er plans of sanitary sewers are available on the City’s website under the following link:
http://www.anaheim.net/583/Storm-Drainage-Sanitary-Sewer-Master-Pla
B. All available re lated digital base maps as requested.
C. City of Anaheim’s CAD Title Block and temp late are available on the City’s website under the following link:
http://www.anaheim.net/DocumentCenter/View/791/CAD-Manual-PDF?bidId= City of Anaheim Project Specifications General Conditions
D. It is the Consultant’s responsibility to verify all information furnished by the City in order to complete the project on schedule and within budget.
IX. PROPOSAL REVIEW (C ONSULTANT SELECTION)
CRITERIA RATING GUIDELINES
Ability of the consultants to perform the specific tasks outlined in the RFP.
20 MAX
Qualifications of the specific individuals who will work on the project. Amount of time and involvement of key personnel who will be involved in respective portions of the project. 20 MAX
Demonstrated record of success by the project
manager/engineer on similar work previously performed.
15 MAX
The specific method and techni ques to be employed by the consultant on the project or problem.
20 MAX
Citywide Sanitary Sewer Improvement Program
October 2021
An internal Review Board selected by the City will review the proposals received. The final ranking of the consultants will be based upon qualifications, based on criteria below. A short list of qualified firms may be asked to participate in oral interviews. Consultant will be notified if a panel interview is required.
Upon completion of the evaluation and ranking of proposals, the City will initiate negotiations with the most qualified firm to arrive at a fair and reas onable compensat ion given the proposed scope of work. If the City and the firm are unable to negotiate a contract, the City may terminate negotiations and initiate negotiations with the next most qualified firm.
X. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the review committee, the Director of Public Works will recommend an award to the City Council for an agreement with the Consultant who is the most qualified and can provide the service at a fair and reasonable cost to the City.
Contracts will be awarded to the most qualified Consultant(s).
B. EXECUTION OF AGREEMENT
A Standard Agreement is included as Attachment G. The terms of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents have been received and approved.
XI. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held a fter award of contract. Consultant and its team will meet with City of Anaheim staff to conduct introductions, discuss scope of services, and the implementation process.
B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insu rance documents have been received and approved.
Schedule and ability to coordi nate work/events in the
immediate area
15 MAX
Quality Control 10 MAX
Reasonableness of the fee requested to do the work. --
Interview (if necessary) (To be determined based on the evaluation of the proposals)
Citywide Sanitary Sewer Improvement Program
October 2021
XII. PUBLIC RECORDS
All responses to the RFP shall become pr operty of the City, and proposals will become public record after award of agreement.
XIII. RIGHT TO RE JECT ALL PROPOSALS
The City reserves the right to reject any/ or all submitted proposals when such rejection is in the interest of the City to reject the Proposal of the C onsultant who has not met the prerequisites of the RFP, who has previously failed to perform properly or complete contracts of similar nature timely; and to reject the proposal of the Consultant who is, in the opinion of City, in a position unable to perfo rm the contract. The City also reserves the right to waive any information and technicalities in the RFP. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a wri tten contract will be borne by t he Consultant. The City will only provide the staff assistance and documentation specifically referred to herein, and will not be responsible for any other cost or obligation that may be incurred by the Consultant. All proposals submitted to the City shall become the property of the City of Anaheim.
CITYWIDE SANITARY SEWER IMPROVEMENT PROGRAM
OCTOBER 2021
C I TY OF ANAHE
IM
CALIFORNIA
FOU
N
D
E
D
1857
CITY OF ANAHEIM
DEPARTMENT OF PUBLIC WORKS
200 SOUTH ANAHEIM BLVD. #276
ANAHEIM, CA 92805
(714) 765-5176
www.anaheim.netATTACHMENT A
PROPOSED SEWER IMPROVEMENTS
CITY LIMITS
LEGEND:
CAMPSS: CENTRAL AREA MASTER PLAN OF SANITARY SEWERS
I808
ROBIN ST FROM ROBIN PL TO ROMNEYA DR SANITARY SEWER
IMPROVEMENTS
I807
ALLEY SOUTH OF BROADWAY FROM CITRON ST TO WEST ST &
WEST ST TO SANTA ANA ST SEWER IMPROVEMENTS
ROMNEYA DR
ORANGETHORPE
HARBOR BLVD
ANAHEIM BLVD
NORTH ST
LA PALMA AVE
EUCLID ST
CRESCENT AVE
ROBIN ST
BROADWAY
SANTA ANA ST
HARBOR BLVD
ANAHEIM BLVD
BROADWAY
BALL RD
WEST ST
LINCOLN AVE
NINTH ST
LINCOLN AVE
CITRON ST
ANAHEIM BLVD
LOARA ST
BEVERLY DR
North
ATTACHMENT B
Existing Conditions alley s/o Broadway and West St:
• 6 inch VCP
• Slope= 0.002
• d/D = 0.7
• Peak Flow= 69.944 GPM
ARLIGNTON AVE
ROBIN PL
ROMNEYA DR
BREWSTER AVE
MARLBORO AVE
CHEVY CHASE DR
ROBIN ST
ATTACHMENT C
Existing Conditions on Robin Street:
• 8 inch VCP
• Slope= 0.002
• d/D = 0.711
• Peak Flow= 170.429 GPM
Attachment D
Conflict of Interest Form for Consultants
(Consultant to complete, sign and submit with the RFP Submittals) Th
e Political Reform Act (Government Code Sections 81000- 91014) and Government Code Section 1090 prohibit any Anaheim public official, officer, or employee from involvement in a governmental decision or contract in which he or she has a financial interest. It is the responsibility of the consultant, consultant's employees, and subconsultants who perform work under the consultant agreement to evaluate any potential conflict of interests and follow the provisions of the conflict of interest requirements as set forth in the consultant agreement. Be advised that a prohibited conflict of interest may void any award where it exists.
I,
the undersigned, hereby certify that I have reviewed and understand the above paragraph, and in furtherance of the foregoing, I have evaluated and caused my company's employees and subconsultants to evaluate any potential conflict of interests.
Based on this evaluation, I hereby further certify that no such conflict of interests exists.
SIGN
ATURE OF AUTHORIZED SIGNATORY
Da te:
Print Name:
Title:
Consultant Name:
Request for Proposals
Citywide Sanitary Sewer Program, October 2021
Attachment D Page 1 of 1
ATTACHMENT D
CONFLICT OF INTEREST
Revised 10/19/16
ATTACHMENT E
DESIGNATION OF SUB-CONTRACTORS
Submit with Proposal
Attachment E
In compliance with the Provisions of Section 4100-4107 of the Code of the State of California, Labor Code Section 1771.1 and any Amendments thereto, the undersigned certifies that he has used the sub- proposals of the following listed sub-contractors in making up his proposal, and that the sub-contractors listed will be used for the work for which they proposed, subject to approval of the Engineer, and in accordance with the applicable provisions of the Request for Proposals. If the proposer does not submit the names and addresses of sub-contractors, he shall be required to do the work with his forces.
If no sub-contractors are listed, all insurance shall be written in the name of the general contractor only, and any liabilities arising through the operation of a sub-contractor shall not be covered by the insurance.
Gene
ral contractor, contractor, sub-contractor shall be as defined in the Request for Proposals and per State of California Labor Code Section 1777.1.
Print clearly and complete ALL lines.
1. Sub-Contractor’s
Name
Item of Work
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date
DIR Registration No. Exp. Date
2. Sub-Contractor’s
Name
Item of Work
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date
DIR Registration No. Exp. Date
3. Sub-Contractor’s
Name
Item of Work
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date
DIR Registration No. Exp. Date
No sub -contractor may be listed on a proposal unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Proposers may be considered NON-RESPONSIVE
if all information is not completely filled in.
PROPOSER'S NAME AUTHORIZED SIGNATURE
Basis of Award shall be as specified in the Request for Proposals Revised 10/19/16
Print clearly and complete ALL lines.
Attachment E
4. Sub-Contractor’s
Name
Item of Work
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date
DIR Registration No. Exp. Date
5. Sub-Contractor’s
Name
Item of Work
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date
DIR Registration No. Exp. Date
6. Sub-Contractor’s
Name
Item of Work
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date
DIR Registration No. Exp. Date
7. Sub-Contractor’s
Name
Item of Work
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date
DIR Registration No. Exp. Date
8. Sub-Contractor’s
Name
Item of Work
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date
DIR Registration No. Exp. Date
9. Sub-Contractor’s
Name
Item of Work
Complete Street Address
Phone No.
Email (for DIR input)
License No. Exp. Date
DIR Registration No. Exp. Date
Attachment F
Request for Proposals
Citywide Sanitary Sewer Program, October
2021 Attachment F Page 1 of 3
INSURANCE
1. INSURANCE
Wi
thout 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:
Wo
rkers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence.
Com
mercial 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.
Com
prehensive Automobile Liability Coverage including —as applicable—owned, non-owned, and hired autos, in an amount not less than $1,000,000 per occurrence, combined single limit, as required by California law.
Pr
ofessional 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 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.
Eac
h insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:
“T
his 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.”
Eac
h 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:
ATTACHMENT F
INSURANCE REQUIREMENTS
Attachment F
Request for Proposals
Citywide Sanitary Sewer Program, October
2021 Attachment F Page 2 of 3
“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.”
“T
he City of Anaheim, its officers, agents, employees, representatives and ANAHEIM-designated volunteers 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.”
Pr
ior 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 a
ddition 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:
Or
der 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;
Ter
minate this Agreement.
Ex
ercise 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.
Not
hing 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 Attachment F
Request for Proposals
Citywide Sanitary Sewer Program, October
2021 Attachment F Page 3 of 3
property resulting from CONSULTANT’s, (or CONSULTANT’s
contractors/subcontractor, if any) performance of the work covered under this Agreement.
In t
he 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.
AN
AHEIM’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.
2. INDEMNIFICATION
As
respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its 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, its 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 willful misconduct of ANAHEIM.
Th
e 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.
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 1
A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only this day of , 2019 , is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
CONS
ULTANT NAME, TYPE OF BUSINESS., a STATE corporation,
hereinafter referred to as "CONSULTANT."
ANAHEIM and CONSULTANT are sometimes individually referred to herein as "Party" and collectively as "Parties."
W I T N E S S E T H:
WHEREAS, ANAHEIM is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Anaheim; and
WHEREAS, ANAHEIM desires to obtain the services of CONSULTANT for civil engineering services related to the Pavement Management Plan Professional Services (the "Project"); and
WHEREAS, CONSULTANT possesses the skill, experience, ability, background, certification and knowledge to provide the services for the Project as described in this Agreement; and
WHEREAS, ANAHEIM has solicited and received a proposal from CONSULTANT, has reviewed the previous experience and evaluated the expertise of CONSULTANT, and desires to retain CONSULTANT to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
ATTACHMENT G
SAMPLE AGREEMENT
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 2
1. SERVICES TO BE PROVIDED BY CONSULTANT
In compliance with all of the terms and conditions of this Agreement, CONSULTANT shall provide to ANAHEIM all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services include, but are not limited to the following: (1) Cost effective sanitary sewer design and different alternatives, all conforming with the Central Anaheim Master Plan of Sanitary Sewers (CAMPSS); (2) Rela tive feasibility studies, research, field studies and surveys, flow monitoring, incorporation of best management practices and Preliminary Design Report (PDR); (3) QA/QC plan; (4) management data files in a form usable by the City of Anaheim; (5) hard copi es of the report that meet the City requirements; and (6) on- going support as needed by City staff and are more particularly described in the CONSULTANT’s Proposal dated MONTH DAY YEAR , attached hereto as Exhibit “A” and incorporated herein and in the Request for Proposal (“RFP”) issued by ANAHEIM, a copy of which is available in the Department of Public Works upon request and are both incorporated herein by this reference ("Scope of Services").
In the event of conflicting provisions, the provisions shall govern in the following order: (1) this Agreement, (2) the RFP, and (3) the Proposal. ANAHEIM may elect to delete certain tasks from the Scope of Services in its sole discretion.
2. TERM
The term of this Agreement shall commence on the Effective Date of this Agreement as set forth in Section 38 herein, and shall terminate upon the completion of the Services described herein, unless terminated earlier as set forth in Section 25 herein ("Term").
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by CONSULTANT to perform the Services in a diligent and timely manner may result in termination of this Agreement by ANAHEIM.
3.2 The time period(s) specified for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONSULTANT, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litiga tion, civil disturbance or disobedience, sabotage, restraint by court order or public authority and action or non- action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONSULTANT shall within ten (10) days of the commenc ement of such delay notify the Project Administrator in writing of the causes of the delay. The Project Administrator shall ascertain the facts and the extent of delay, and may extend the time for Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 3
performing the Services for the period of the enforced delay if, in the judgment of the Project Administrator, such delay is justified. The Project Administrator's determination shall be final and conclusive upon the Parties to this Agreement. In the event of delay, however caused, CONSULTANT's sole remedy shall be an extension of this Agreement pursuant to this Section and CONSULTANT shall not be entitled to recover damages against ANAHEIM.
4. COMPENSATION
4.1 ANAHEIM shall pay CONSULTANT for the Services rendered, pursuant to this Agreement, in the amou nt of Dollars and No/100 Cents ($) pursuant to the fee proposal set forth in Exhibit A and incorporated herein by reference (“Schedule of Compensation").
CONSULTANT and ANAHEIM agree that no changes to the fee proposal set forth in Exhibit A shall be made during the term of this Agreement without the prior written approval of ANAHEIM.
4.2 Extra Work. The Director of Public Works is authorized to approve additional expenditures to be paid to CONSULTANT, pursuant to this Agreement, for Extra Work not included in the Scope of Services, in the amount of Dollars and No/100 Cents ($.) if the Director of Public Works determines, in his or her sole discretion, that the additional Extra Work is necessary for the successful completion of the Services. .01 In no event shall CONSULTANT render Extra Work beyond the scope of this Agreement without the written authorization of the Director of Public Works. .02 All Extra Work approved in writing by the Director of Public Works shall be billed at either the rates set forth in the Schedule of Compensation or at a fixed price, at ANAHEIM’s sole discretion. If billed at a fixed price, CONSULTANT shall provide ANAHEIM with general description of the Extra Work to be performed with a proposed price.
At such time as the Director of Public Works has approved the Extra Work, has agreed to a fixed price for the services, and has notified CONSULTANT of such approval and agreement in writing, CONSULTANT shall perform the Extra Work.
.03 Except as specifically provided herein, no additional Servic es or Extra Work beyond the scope of this Agreement shall be rendered by CONSULTANT unless previously authorized in writing by the City Manager.
.04 As used herein, “Extra Work” means any work that is determined by ANAHEIM to be necessary for the proper completion of the Services, but which is not included within the Scope of Services and which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
4.3 It is understood by and agreed between the Parties to this Agreement t hat full and complete payment for all Services provided in accordance with this Agreement, including, but not limited to, all Extra Work, reimbursable expenses and subconsultant fees, if any, shall not exceed Dollars and No/100 Cents ($).
4. 4. CONSULTANT shall submit monthly invoices to ANAHEIM describing the work performed the preceding month. CONSULTANT’s bills shall include the name of the Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 4
person who performed the work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. ANAHEIM shall pay CONSULTANT no later than thirty (30) days after approval of the monthly invoice by ANAHEIM staff.
4.5 Al
l Parties recognize that the continuation of this Agreement after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30 of each year, shall be subject to budget approval providing for or covering such contract items as an expenditure in said budget. ANAHEIM does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adop tion of the budget herein. No penalty shall accrue to ANAHEIM in the event this provision shall be exercised. Should termination be accomplished in accordance with this Section, a settlement shall be negotiated by the Parties based on items delivered, serv ices provided, monies paid and monies due.
5. PROJECT MANAGER
5.1 CONSULTANT shall designate a Project Manager, who shall coordinate the Services. This Project Manager shall be available to ANAHEIM at all reasonable times during the Term of this Agreement. CONSULTANT has designated NAME to be its Project Manager. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Project Manager is a substantial inducement for ANAHEIM to enter into this Agreement. Therefore, the foregoing Project Manager shall be responsible during the Te rm of this Agreement for directing all activities of CONSULTANT and devoting sufficient time to personally supervise the provision of Services hereunder. The foregoing Project Manager may not be changed by CONSULTANT and no other personnel may be assigned to supervise the Services to be provided hereunder without the express written consent of ANAHEIM.
5.2 Any personnel or subconsultant, if any, who fail or refuse to perform the Services in a manner acceptable to ANAHEIM, or who are determined by ANAHEIM, in its sole discretion, 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 CONSULTANT at the request of ANAHEIM. CONSUL TANT warrants that it will continuously furnish the necessary personnel to complete the Services on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. The employees of the Public Works Department shall be authorized to take the following actions pursuant to this Agreement:
(i) The Director of Public works is authorized to take any and all actions on behalf of ANAHEIM as set forth herein and to terminate services in accordance w ith Section 25 of this Agreement.
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 5
(ii) The Project Administrator is authorized to take those specific actions set forth herein and review and approve all Services performed by CONSULTANT under this Agreement. The Project Administrator shall not be authorized to approve Extra Work, change billing rates or terminate Services under this Agreement.
7. STANDARD OF CARE
7.1 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 an d subconsultants, if any, shall have sufficient skill and experience to perform the Services assigned to them. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the professional standard of care.
7.2 CONSULTANT represents and warrants to ANAHEIM that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualificatio ns, insurance and approvals of whatsoever nature that is legally required of CONSULTANT to practice its profession. CONSULTANT shall maintain a City of Anaheim business license during the term of this Agreement.
8. FAMILIARITY WITH WORK
By executing this Agreement, CONSULTANT represents and warrants that CONSULTANT: (i) has thoroughly investigated and considered the Services to be performed; (ii) has carefully considered how the Services should be provided; and (iii) fully understands the facilities, difficulties and restrictions attending the provision of the Services under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the provision of such Services or as represented by ANAHEIM, CONSULTANT shall immediately inform ANAHEIM of such fact and shall not proceed except at CONSULTANT's risk until written instructions are received from ANAHEIM.
9. INDEPENDENT CONTRACTOR
9.1 Neither ANAHEIM nor any of its employees shall have any contr ol over the manner, mode or means by which CONSULTANT, its agents or employees, perform the services required herein, except as otherwise set forth herein. Except as expressly provided herein, ANAHEIM shall have no voice in the selection, discharge, supervision or control of CONSULTANT's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. CONSULTANT shall perform all services required herein as an independent contractor of ANAHEIM and shall remain at all times as to ANAHEIM a wholly independent contractor with only such obligations as are consistent with that role.
CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of ANAHEIM. A NAHEIM shall not in any way or for any purpose become or be deemed to be a partner of CONSULTANT in its business or otherwise or a joint venture or a member of any joint enterprise with CONSULTANT.
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 6
9.2 In consideration for the compensation paid to CONSULTANT by ANAHEIM, CONSULTANT agrees that ANAHEIM shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and CONSULTANT agrees that it shall not sue or file a claim, petition or application therefore against ANAHEIM or any of its officers, employees, agents, representatives or sureties.
10. INSURANCE
10.1 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:
.01 Workers' Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence. .02 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 (i.e., 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. .03 Comprehensive Automobile Liability Coverage including -as applicable-owned, non -owned, and hired autos, in an amount not less than $1,000,000 per occurrence, combined single limit, as required by California law. .04 Professional Liability Insurance in an amount not less than $1,000,000 per claim, and CONSULTANT shall maintain such coverage for at least two (2) years from the termination of this Agreement. Such insurance shall be written on a primary basis (i.e., without a self-insured retention), but may include a deductible of not more than $50,000 per claim, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
10.2 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."
10.3 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:
.01 "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."
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 7
.02 "The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM-designated volunteers 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."
10.4 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.
10.5 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:
.01 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; or .02 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.
10.6 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.
10.7 In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure, and certify to ANAHEIM in writing that: (i) the acts or omissions of such persons or firms are covered under the above - referenced liability insurance; or (ii) such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 8
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.
10.8 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.
11. INDEMNIFICATION
11.1 As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its 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.
11.2 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 ISO -based general and automobile liability insurance coverage, CONSULTANT agrees to indemnify, defend (at ANAHEIM's option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and aga inst 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 willful misconduct of ANAHEIM.
11.3 The obligations set forth in this indemnification provision (i) shall be in effect without regard t o 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.
12. PREVAILING WAGES
Where required pursuant to the provisions of the State of California Labor Code or the Davis Bacon Act, not less than the general prevailing rate of per diem wages including legal holidays, and overtime work for each craft or type of workman needed to execute the work contemplated under this Agreement, shall be paid to all workmen employed on the work to be done according to this contract by CONSULTANT or any approved Subcontractor, and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, CONSULTANT and Subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City of Anaheim, Office of the City Clerk, 200 South Anaheim Boulevard, Anaheim, California 92805, and are available to any interested party on request.
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 9
13. PROGRESS
CONSULTANT is responsible f or keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired.
14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
The Parties recognize that a substantial inducement to ANAHEIM for entering into this Agreement is the professional reputation, experience and competence of CONSULTANT. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assigned, transferred or encumbered in any way without the prior written consent of ANAHEIM. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to ANAHEIM. If ANAHEIM approves an assignment or transfer, this Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the permitted successors and assigns of CONSULTANT.
15. SUBCONTRACTING
Except for those subcontractors set forth in the Scope of Services, if any, CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of ANAHEIM. CONSULTANT shall be fully responsible to ANAHEIM for all acts and omissions of any approved subcontractor. Nothing in this Agreement shall create any contractual relationship between ANAHEIM and subcontractor nor shall it create any obligation on the part of ANAHEIM to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. ANAHEIM is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between the subcontractor and ANAHEIM pursuant to this Agreement.
16. USE AND OWNERSHIP OF DOCUMENTS AND DATA
16.1 ANAHEIM shall furnish to CONSULTANT such documents and materials as may be relevant and pertinent to the provision of services hereunder as ANAHEIM may possess or acquire.
16.2 All documents and materials furnished by ANAHEIM to CONSULTANT pursuant to Section 16.1 shall remain the property of ANAHEIM and shall be returned to ANAHEIM upon termination of this Agreement, for any reason. All documents or mate rial prepared or caused to be prepared by CONSULTANT, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of ANAHEIM, and ANAHEIM shall have the sole right to use such materi als in its discretion without further compensation to CONSULTANT or any other party. CONSULTANT shall, at CONSULTANT's sole cost and expense, provide such documents and material to ANAHEIM upon prior written request.
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 10
Documents and material prepared by CONSULTANT pursuant to this Agreement are not intended or represented to be suitable for reuse by ANAHEIM or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific writ ten authorization from CONSULTANT will be at ANAHEIM's sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT's deliverables under this Agreement by ANAHEIM or persons other than CONSULTANT, is waived against CONSULTANT and ANAHEIM assumes full responsibility for such changes unless ANAHEIM has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
17. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes, ideas and communications that result from the Services provided under this Agreement, shall be kept confidential by CONSULTANT unless ANAHEIM authorizes, in writing, the release of said information.
18. INTELLECTUAL PROPERTY INDEMNITY
CONSULTANT shall defend and indemnify ANAHEIM, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to ANAHEIM pursuant to this Agreement.
19. RECORDS
CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shal l maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to ANAHEIM, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly identifiable. CONSULTANT shall allow a representative of ANAHEIM to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. CONSULTANT shall allow inspection of all work, data, Documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement.
20. WITHHOLDINGS
ANAHEIM may withhold payment to CONSULTANT of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. CONSULTANT shall not discontinue work as a result of such withholding. CONSULTANT shall have an immediate right to appeal to the City Manager or his Designee with respect to such disputed sums and his/her decision shall be final. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 11
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of CONSULTANT which result in expense to ANAHEIM greater than what would have resulted if there were not errors or omissions in the work accomplished by CONSULTANT, the additional cost and expense shall be borne by CONSULTANT. Nothing in this paragraph is intended to limit ANAHEIM's rights under the law or any other sections of this Agreement.
22. ANAHEIM'S RIGHT TO EMPLOY OTHER CONSULTANTS
CONSULTANT acknowledges and agrees that this Agreement and the provision of services hereunder are nonexclusive and that ANAHEIM may enter into similar agreements with other entities for the provision of similar services.
23. CONFLICTS OF INTEREST
CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which: (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement; and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
If
subject to the Act, CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by ANAHEIM. CONSULTANT shall indemnify and hold harmless ANAHEIM for any and all claims for damages resulting from CONSULTANT’s violation of this Section.
24. NOTICES
All notice s, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either ANAHEIM or CONSULTANT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to ANAHEIM: City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 12
With copies to: Director of Public Works
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-5225
To CONSULTANT: CONSULTANT
Address Line 1
Address Line 2
Phone: (###) ###-####
25. ENFORCEMENT OF AGREEMENT
25.1 Events of Default.
.01 For purposes of this Section 25, the word "Default" shall mean the failure of CONSULTANT to perform any of CONSULTANT's duties or obligations or the breach by CONSULTANT of any of the terms and conditions set forth in this Agreement. In addition, CONSULTANT shall be deemed to be in Default upon CONSULTANT's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of CONSULTANT's assets or of CONSULTANT's interests hereunder. .02 ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by ANAHEIM hereunder unless and until ANAHEIM has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from CONSULTANT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of ANAHEIM's obligation is such that more than thirty (30) days are required for its performance, then ANAHEIM shall not be deemed to be in Default if ANAHEIM shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
25.2 Immediate Termination for CONSULTANT's Default. CONSULTANT shall not be deemed to be in Default in the performance of any obligation required to be performed by CONSULTANT hereunder unless and until CONSULTANT has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from ANAHEIM specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of CONSULTANT's obligation is such that more than thirty (30) days are required for its performance, then CONSULTANT shall not be deemed to be in Default if Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 13
CONSULTANT shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
25.3 Termination without Cause. ANAHEIM may terminate this Agreement at any time without the necessity of cause or Default by giving thirty (30) days' notice in writing to CONSULTANT. In such event, the Parties shall have no further rights hereunder, except that CONSULTANT shall be paid for all services adequately rendered prior to such termination and shall receive payment in full for equipment and equipment that has been ordered that cannot be canceled. CONSULTANT may not terminate this Agreement except for cause.
26. COMPLIANCE WITH ALL LAWS
CONSULTANT shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by CONSULTANT shall conform to applicable local, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator.
27. WAIVER
A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
28. INTEGRATED CONTRACT
This Agreement and the exhibits hereto contain the entire agreemen t of ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement, statement or promise made by either ANAHEIM or CONSULTANT which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose.
29. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits or any other attachments attached hereto, the terms of this Agreement shall govern.
30. INTERPRETATION
Each Party acknowledges that he / she / it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both CONSULTANT and ANAHEIM and approved as to form by the City Attorney.
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 14
32. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
33. REMEDIES CUMULATIVE
The remedies given to ANAHEIM and CONSULTANT herein shall be cumulative and are given without impairing any other rights given ANAHEIM or CONSULTANT by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by ANAHEIM or CONSULTANT shall not exclude the exercise of any other remedy.
34. NO THIRD PARTY BENEFICIARIES
The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
36. DISCRIMINATION
CONSULTANT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or other prohibited basis in its provision of Services or hiring of subcontractors or employees. To the extent this Agreement provides that CONSULTANT offer accommodations or services to the public, such accommodations or services shall be offered by CONSULTANT to the public on fair and reasonable terms.
37. AUTHORITY
Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. CONSULTANT shall, at ANAHEIM's request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 15
38. EFFECTIVE DATE
This Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM ("Effective Date").
[Remainder of page intentionally left blank; signatures on next page]
Attachment G
Citywide Sanitary Sewer Improvement Program
Sample Professional Services Agreement
Attachment G Page 16
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION: CITY OF ANAHEIM
a municipal corporation
By:
“ANAHEIM”
ATTEST:
By: _
City Clerk of Anaheim
DATE OF EXECUTION: Consultant Name, Type of Business., a State corporation
By:
Printed Name:
Title:
“CONSULTANT”
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Bryn M. Morley
Deputy City Attorney
Dated:
Attachments: Exhibit A
Attachment H
ATTACHMENT H
City of Anaheim Survey Standards
HORIZONTAL DATUM:
Coordinates are to be in U.S. Survey Feet in terms of the California Coordinate System 1983, Zone VI, NAD 83 (OCS 2007.00 Epoch).
VERTICAL DATUM:
Elevations are to be in U.S. Survey Feet in terms of the North American DAturm of 1988 (NAVD 88), using a local City of Anaheim Bench Mark.
BASIS OF BEARINGS:
Basis of Bearings will be based upon existing centerline monumentation.
ACCURACY:
Horizontal – Second Order, Class II (1:20,000) minimum.
Vertical – Second Order, Class II (e = 0.035 M) minimum.
Where:
e = is the allowable error, in feet
0.035 = a constant
M = is the length of the level loop, in miles
REQUIREMENTS AND DELIVERABLES:
1. Locate all centerline monuments.
2. If more than one City of Anaheim Bench mark is utilized, it must be noted in the survey data and on the final plan.
3. AutoCAD dwg must be in Civil3D
4. An ASCII Text file of the Survey Control for the project.
5. A PDF showing the Survey Control
6. One complete AutoCAD dwg, showing all exiting improvements, proposed improvements, existing alignments, proposed alignments, and survey control with no x-references.
ATTACHEMENT I
Page | 1
DEPARTMENT OF PUBLIC WORKS, ENGINEERING
ELECTRONIC-PLAN REVIEW (EPC)
SUBMITTAL REQUIREMENTS
CITY PROJECTS
(PILOT PROGRAM)
Plan and Document size:
Plans are required to be sized/scaled 24” x 36”.
E-Plans
The plans should be black and white drawings with landscape orientation in PDF format 1.4 or greater (PDF 1.3 is not compliant.). Note that plans have different submittal recommendations than supporting documents / attachments. All PDF files must be under 195 MB in size. Pages in the set should be the same sheet size. The system will reject resubmittals if not submitted with a filename that exactly matches the original submittal filename.
Preparing Plans for Submittal/Requirements
Only PDF files for plan review are accepted by the system. PDF files must be properly formatted as described below.
PDF Requirements:
Multiple Layers: Layers must be merged or flattened Format: Raster
Resolution: 300 pixels per inch (ppi)
Color Depth: Monochrome (1 bit)
Grouping: Single PDF with multiple sheets
Each Plan (or Plan Set) must be saved as a flattened optimized PDF. Flatten the drawing layers in your CAD program prior to creating the PDF, or use the ‘Save As/ Flattened’ and/or optimized PDF option available in your PDF tools. Plans that have ‘layers’ are not acceptable.
Engineer stamps (renewal date, license & signature) should be on each appropriate plan sheet as required.
Signatures need to be embedded as part of the document. Do not use electronic or digital signatures.
Saving PDF’s with Consistently formatted, sequential bookmarks is helpful and encouraged. If multiple PDF’s are merged, verify that bookmarks are consistent. Nested bookmarks are not supported. Ideally, a bookmark consists of the Sheet number.
Page Orientation and Alignment
1. Pages must all be properly oriented, meaning upright, not sideways or upside down, so that the document can be viewed without rotation.
a. To check that pages are properly oriented, open the document in your PDF application and select ‘print preview’. Scroll through each page in the preview window to make sure the pages are properly oriented and verify that the correct paper size is selected.
2. Alignment: Plan drawings must be created in your CAD program so that drawing perimeters ‘line up’ exactly when overlaid electronically.
3. Revised/corrected plans must ‘line up’ with the original submittal to facilitate comparing versions electronically.
4. Plans must be saved ‘to-scale’ to ensure proper measuring of lines and areas electronically. Include a scale on each sheet or include the measurements for each object.
5. Plans should be plotted/drawing using a black and white plot style. Grayscale, monochrome and colored pens are not acceptable.
6. Do not submit password protected or locked PDF documents. Plan review will be conducted on copies of the original files provided. The original PDF’s will not be changed in any manner.
ATTACHEMENT I
Page | 2
7. Paper plans scanned from photocopy to PDF format are acceptable, but should be clearly legible and follows the same rules noted above.
8. After scanning a document, open it in adobe reader/pro and select file/save as. a. Adobe is the best tool for resolving corrupted or malformed files.
9. Ensure the file name meets the naming recommendation noted above.
Naming Convention
We recommend grouping and submitting plans in sets to facilitate the electronic plan review. One way to accomplish this is to prefix each filename with a standard discipline code (see the discipline code chart below. Choose the appropriate discipline code and insert an underscore character (_) between this code and the filename, as shown in these examples:
Discipline Code Separator Submitted Filename W/ Discipline Code RCP _ RCP_ Address/streets-Plan.pdf
RCP_Plans 200 S. Anaheim Blvd-plan.pdf
Naming Supplemental Documents
Supplemental documents or attachments are any files that are not plan sets. These may include studies, reports, images, etc. These must also be submitted in PDF format with a unique, descriptive filename, as shown above.
RCP2019-XXXXX-study-200 S. Anaheim Blvd.pdf
PDF SCOUT WEBSITE
Load electronic plans to the e-plan soft review SCOUT site before submitting at https://scout.eplansoftreview.com/#!/scout
to check for:
Accessibility
pdf version
Optimization
File size
Page orientation
Page readability
Unexpected annotations
File resolution
INITIAL SUBMITTAL
All submittals need to be emailed to [email protected] . Applicant to provide link of where the files are located. A copy of the files will be saved in Permit Technician’s working folder.
Please allow (1-2) business days for processing.
CORRECTIONS
When plan check corrections are ready the applicant will receive an email with a link to download the files. Resubmittals are to be sent back the same way as the initial submittal, by email to [email protected] .