200 S. Anaheim Blvd.
Suite #276
Anaheim, CA 92805
Tel: (714) 765-5176
Fax: (714) 765-5161
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: MARCH 19, 2024
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL
MATERIALS TESTING, DEPUTY INSPECTION, AND
ENVIRONMENTAL ENGINEERING AND SCIENCE SERVICES
ATTACHMENT (Y/N): YES ITEM # 07
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Motion:
1) Approve the Professional Services Agreement (Agreement) for materials testing, deputy inspection, and environmental engineering and science services between the City of Anaheim (City) and each of the following 14 consultants in the not-to- exceed amount of $400,000 per Work Order Package, and with a total not-to- exceed contract amount of $1,000,000 per contract year per consultant for on-call materials testing, deputy inspection, and environmental engineering and science services to support the Construction Services Division of the Public Works Department: C.E.M. Lab, ENGEO Incorporated, G3 Quality, Inc., Geo-Advantec, Inc., Geocon West, Inc., GMU Geotechnical, Inc., Group Delta Consultants, Inc., Koury Engineering & Testing, Inc., Leighton Consulting, Inc., Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Smith-Emery Laboratories, Inc., Tetra Tech BAS, Inc., Converse Consultants, and Twining, Inc., for a two-year term with the City’s option to extend the agreement for two (2) additional two-year terms, through 2030; and
2) Authorize the Public Works Director, on behalf of the City, to execute the Agreements and take such actions as are necessary, required or advisable to implement and administer the Agreements; and
3) Authorize de minimis changes that do not substantially change the terms and conditions of the Agreements, as long as such changes are determined to be de minimis by the City Attorney’s Office.
DISCUSSION:
On-Call agreements with multiple geotechnical firms are needed in order to obtain competent and experienced personnel in a timely and cost-efficient manner to support the Division’s fluctuating workload of diverse projects on an as-needed basis, often on short Professional Services Agreement for On-Call Materials Testing, Deputy Inspection, and Environmental Engineering and Science Services March 19, 2024
notice, to work under the general supervision of the Construction Services Manager or designee.
These consultants will compete for work assignments through a Request for Work Order Proposal (RFWOP) solicitation process carried out by City staff. However, when certain tasks require an immediate response, the qualified consultant with the most favorable rates will be contacted to provide services on an on-call, short-notice basis. The work order amount for each assignment under this professional services agreement can vary depending on the specific project’s scope, schedule, duration, and complexity.
A Request for Proposals (RFP) was advertised on the City’s online bidding platform and posted on the City’s website in December 2023. A total of 61 firms downloaded the RFP and 19 firms submitted proposal responses. In accordance with Council Policy 4.1 – Selection of Professional Consultants, the Public Works Department established a review board, reviewed the proposals received, and ranked the proposals in accordance with the selection criteria prescribed in the RFP. Out of the 19 responses, 14 firms were deemed the most qualified and selected in accordance with the criteria and City staff determined the total number of firms was sufficient to ensure responsiveness and competition to the Department’s requests for work order proposals.
The professional services to be provided under this Agreement will not be subject to the competitive bidding process. Therefore, the most qualified firms were selected using prescribed criteria based on past performance, relevant experience, staff qualifications, project approach, and reasonableness of fees to perform the services specified in the RFP (Attachment 2). The proposed Agreement will enable timely professional services and as-needed, integral support to the Public Works Department Construction Services Division.
The following 14 firms were deemed most qualified and selected in accordance with the review criteria set forth in Council Policy 4.1:
1. C.E.M. Lab
2. ENGEO Incorporated
3. G3 Quality, Inc.
4. Geo-Advantec, Inc.
5. Geocon West, Inc.
6. GMU Geotechnical, Inc.
7. Group Delta Consultants, Inc.
8. Koury Engineering & Testing, Inc.
9. Leighton Consulting, Inc.
10. Ninyo & Moore Geotechnical and Environmental
Sciences Consultants
11. Smith-Emery Laboratories, Inc.
12. Tetra Tech BAS, Inc.
13. Converse Consultants
14. Twining, Inc.
The recommended consultants have extensive technical experience in their respective areas of expertise, quality assurance. Acceptance procedures and proper licensing, certifications. and insurance to perform the required services in the State of California. The Request for Proposals (RFP) included evaluation criteria for experience with and willingness to work on Community Workforce Agreement projects.
The consultants will be asked to compete for planned and budgeted projects via lump sum fee for a specific work order assignment not to exceed $400,000 and with a total not to exceed amount of $1,000,000 per contract year per consultant. The attached Agreement is structured with the same terms and conditions as the past approved On-Call Materials Testing, Deputy Inspection, and Environmental Engineering and Science Services agreement which will terminate on April 27, Professional Services Agreement for On-Call Materials Testing, Deputy Inspection, and Environmental Engineering and Science Services March 19, 2024
2024. The current agreement states the “Director of Public Works” is authorized to extend the term of professional services agreements”. Existing outstanding work order packages extending beyond the termination date of April 27, 2024, will be granted a not-to-exceed extension of six months per Section 2 of the current agreement.
COMMUNITY WORKFORCE AGREEMENT (CWA):
Services performed by consultant building/construction inspectors and field soils and materials testers (inspectors) in support of projects identified as “Project Work” in the CWA are a covered craft as defined in the Amended and Restated CWA the City entered into with the Los Angeles / Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions. The CWA, as amended, is a pre-hire collective bargaining agreement that establishes labor relations procedures. Therefore, the city’s On-Call soils and materials testing and inspection consultants and its subcontractors of all tiers must agree to be parties to and bound by the Amended and Restated CWA by executing a Letter of Assent.
IMPACT ON BUDGET:
These professional service assignments are funded through project-specific budgets approved by Council in the Public Works Capital Improvement Program Budget.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Professional Services Agreement (template)
2. City of Anaheim’s Request for Proposals
3. C.E.M. Lab Proposal
4. ENGEO Incorporated Proposal
5. G3 Quality, Inc. Proposal
6. Geo-Advantec, Inc. Proposal
7. Geocon West, Inc. Proposal
8. GMU Geotechnical, Inc. Proposal
9. Group Delta Consultants, Inc. Proposal
10. Koury Engineering & Testing, Inc. Proposal
11. Leighton Consulting, Inc. Proposal
12. Ninyo & Moore Geotechnical and Environmental Sciences Consultants Proposal
13. Smith-Emery Laboratories, Inc. Proposal
14. Tetra Tech BAS, Inc. Proposal
15. Converse Consultants Proposal
16. Twining, Inc. Proposal