i
REQUEST FOR PROPOSAL
DESIGN-BUILD
UNDERGROUND RELIABILITY IMPROVEMENT
PROJECT
February 2, 2024
Due Date (Technical Proposal): March 27, 2024, at 2:00 p.m. (Pacific) Due Date (Price Proposal): April 3, 2024, at 2:00 p.m. (Pacific) Submit Proposals to: Electronic Proposals shall be submitted using the City’s Planet Bids site. Planet Bid site login information (username and password) will be issued confidentially to each Proposer’s point of contact under separate cover.
City Contact Information: John Martin, PE Construction Contract Administrator Construction Services Division, Public Works Department [email protected] / (714) 765-5157
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
This page intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
i
Table of Contents
1. Introduction ................................ ................................ ................................ ................................ ................................ ..... 2
1.1 RFP Administrative Information ....................................................................................................................................... 2
1.2 General Project Introduction ............................................................................................................................................ 2
1.2.1 Procurement Update ......................................................................................................................................... 2
1.2.2 Introduction to Anaheim Public Utilities ........................................................................................................... 3
1.2.3 Project Scope ..................................................................................................................................................... 3
1.3 Project Goals ..................................................................................................................................................................... 3
1.4 Guaranteed Maximum Price (GMP) ................................................................................................................................. 3
2. Summary of Respondent Responsibilities ................................ ................................ ................................ ...................... 4
2.1 Reference Documents ...................................................................................................................................................... 4
2.2 Existing Site Conditions and Examination of DB Agreement Documents...................................................................... 4
2.2.1 Existing Site Conditions and Geotechnical Information .................................................................................. 4
2.2.2 Familiarization with the Scope of Work ............................................................................................................ 5
2.2.3 Design-Build Period Services and Responsibilities .......................................................................................... 5
3. Procurement Process ................................ ................................ ................................ ................................ ...................... 5
3.1 Procurement Process Overview and Schedule ............................................................................................................... 5
3.1.1 Fixed-Price Design-Build Procurement Process ............................................................................................... 5
3.1.2 Procurement Schedule ...................................................................................................................................... 6
3.2 Respondent Team Requirements .................................................................................................................................... 6
3.2.1 Conflict of Interest Policy ................................................................................................................................... 6
3.2.2 Obligation to Keep Team intact ........................................................................................................................ 6
3.3 Communications Protocols for Questions and RFIs/Clarifications Requested by COA ................................................ 7
3.3.1 Communication Protocol and Questions from Respondents .......................................................................... 7
3.3.2 Confidential Questions ...................................................................................................................................... 7
3.3.3 COA Requests for Clarification (RFC) from Respondents ................................................................................ 8
3.4 RFP Addenda ..................................................................................................................................................................... 8
3.5 Public Records and Firm Proprietary Information ........................................................................................................... 8
3.5.1 Public Record ..................................................................................................................................................... 8
3.5.2 Respondent Proprietary Information ................................................................................................................ 8
3.6 Site Access ........................................................................................................................................................................ 9
3.7 Confidential One-on-One Meeting(s) ................................................................................................................................ 9
3.8 Proposal Evaluation Process ......................................................................................................................................... 10
3.8.1 Evaluation Committee .................................................................................................................................... 10
3.8.2 Proposal Compliance to RFP Requirements ................................................................................................. 10
3.9 Interviews ....................................................................................................................................................................... 11
3.10 Contract Negotiations .................................................................................................................................................... 11
3.11 Respondent Expenses and Stipends ............................................................................................................................ 12
3.11.1 Respondent Expenses .................................................................................................................................... 12
3.11.2 Respondent Honoraria and/or Stipends ....................................................................................................... 12
3.12 Appeals/Protests ........................................................................................................................................................... 12
3.13 Miscellaneous ................................................................................................................................................................ 12 Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
4. Instructions to Bidders and Proposal Submittal Requirements ................................ ................................ ................... 13
4.1 Submittal Deadline and Location ................................................................................................................................. 13
4.2 Proposal Size Limitations .............................................................................................................................................. 13
4.3 Withdrawals / Resubmittals of Proposals .................................................................................................................... 14
4.4 Proposals: Required Sections and Section Weighting ................................................................................................. 14
4.5 Evaluation Methodology ................................................................................................................................................ 14
4.6 Proposal Security /Bid Bond ......................................................................................................................................... 15
4.7 Required Proposal Organization, Contents, and Evaluation Criteria .......................................................................... 15
5. Design-Build Agreement and Commercial Requirements Summary ................................ ................................ ............ 22
5.1 General Overview ........................................................................................................................................................... 22
5.2 Contract Security ........................................................................................................................................................... 22
5.2.1 Design-Build Payment and Performance Bonds ........................................................................................... 22
5.3 Required Insurance ....................................................................................................................................................... 22
5.4 Other Project Requirements .......................................................................................................................................... 22
5.4.1 Amended and Restated Community Workforce Agreement (NOT APPLICABLE TO THIS PROJECT) ........... 22
5.4.2 Prevailing Wage Rates .................................................................................................................................... 23
List of RFP Attachments
A. Required Forms
Non-Price Forms
Non-Collusion Affidavit
Designation of Subcontractors
Equal Employment Opportunity Certificates of Compliance Statement by Bidder
Certification of Proposal
Proposal Hours Worksheet
Price Forms
Price Proposal Form
Proposal Fee Worksheet
Bid Bond
Price Proposal Spreadsheet
B. Draft Design-Build Agreement, General Conditions, and Appendices to the Design-Build Agreement The following are provided as attachments to the draft Design-Build Agreement. Appendix 1. Basis of Design (BOD)
Appendix 2. Reference Documents
Appendix 3. Minimum Technical Requirements
Appendix 4. Submittals, Review Procedures, and Workshops Appendix 5. Permits and Approvals
Appendix 6. Sample Design-Build Agreement
Appendix 7. Sample Design-Build General Conditions
Appendix 8. Insurance Requirements
Appendix 9. Rules Governing Confidentiality
Appendix 10. Sample APU Direct Buried Cable Replacement Project Construction Plans Appendix 11. Abnormal 6.9 kV Risers List
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
List of Acronyms
APU Anaheim Public Utilities
COA City of Anaheim, California
CWA Community Workforce Agreement
DB Design Build
DBE Design-Build-Entity (inclusive of all
members)
EOR Engineer of Record
PW Public Works
RFC Request for Clarification
RFI Request for Information
RFQ Request for Qualifications
RFP Request for Proposal
SOQ Statement of Qualifications
List of Defined Terms
Any capitalized terms not defined in this below or other sections in this Request for Proposal (RFP) shall have the meaning ascribed to them in Chapter 10.06 of the Anaheim Municipal Code.
Basis of Design (BOD) – Project Design
Criteria. The Basis of Design includes
project design criteria specified
as requirements that must be met by
the Project delivered by the DBE.
Contract Documents: The Design-Build
Agreement, including all Appendices,
amendments, and attachments. Described in
Article 1 of the Agreement.
Design-Build (DB). The fixed-price, single contract
procurement and delivery methodology used for
this project under the auspices of Anaheim
Municipal Code 10.06.
Design-Build Agreement (DB Agreement, DB
Contract, Contract). Agreement to be awarded by
the City Council to the Successful Proposer for the
Project.
Design-Build-Entity (DBE). As defined in Chapter
10.06 and referred herein as DBE.
Engineer of Record (EOR). The individual(s) in
responsible charge of the design. The Engineer of
Record shall be a licensed professional engineer
in the State of California.
Evaluation Committee. The City has established
an Evaluation Committee responsible for
evaluating the Proposal for this RFP and
recommending a Selected Respondent for the
Project.
Final Completion. The stage of performance when
all Work has been completed in accordance with
the DB Agreement including, without limitation, all
correction or completion items noted in the
Certificate of Substantial Completion.
DBE members. Firms fulfilling the key roles
identified in Respondent’s Proposal and
committed to work on the Project if Respondent is
selected as the Successful Respondent. At a
minimum, members of the DBE shall include the
Design-Builder (General Contractor), Design
Engineer, and may also include other
subconsultants and subcontractors that the DBE
will use to deliver the Project. The Lead Contractor
shall hold a current and active General Contractor
License A and Electrical Contractor License C-10.
The Lead Engineer (EOR) shall hold a current and
active license issued by the California Board.
Design-Build Period. The period from the Notice to
Proceed to Final Completion.
Key Personnel. Individuals fulfilling the roles
identified in Respondent’s Proposal and
committed to work on the Project. At a minimum,
Key Personnel for the Design-Builder shall include,
but are not limited to, Project Executive,
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Construction Project Manager, Construction
Superintendent, and Construction QA/QC
Manager. Key Personnel for the Design-Build
Engineer shall include, but are not limited to,
Principal-in-Charge, Design Manager, Project
Manager, and Design QA/QC Manager.
Respondents may identify other individuals who
will play key roles in the DBE and shall add them
to the list of Key Personnel.
Owner or City. City of Anaheim, California.
Performance-Based Requirements. Criteria
(in Owner’s Project Criteria attached to this RFP)
that define measurable project performance
criteria and operational objectives. These criteria
include technical requirements, standard
construction specifications, and quality standards.
Price Proposal. Proposed price for completion of
the Project, which is known as the Price Proposal
submitted after the Technical Proposal for the
Project.
Project. The design and construction of the
Underground Reliability Improvements, as
described in this RFP and Design-Build
Agreement.
Proposal. A response to the City’s RFP submitted
by a Respondent for the Project.
Request for Proposal (RFP). This solicitation
document that comprises the second step of the
two-step procurement process for the Project.
Request for Qualifications (RFQ). The first part of
the two-step procurement process to select the
DBE for the Project.
Respondent. A DBE who has submitted a
response to
this solicitation.
Selected Respondent. The Respondent that is
determined by the Anaheim City Council to provide the
most advantageous Proposal to the City based on RFP
evaluation.
Statement of Qualifications (SOQ). The documents
submitted by a Respondent in accordance with the
requirements of the RFQ.
Substantial Completion. Demonstration by the DBE
that all preconditions for achieving Substantial
Completion as set forth in the DB Agreement.
Work. All of the administrative, design, engineering,
professional, manufacturing, supply, installation,
construction, supervision, management, testing,
verification, labor, materials, equipment, maintenance, documentation and other duties and services to be
furnished and provided by Design-Builder as required
by the DB Agreement, including all efforts necessary
and appropriate to achieve Final Completion of the
entire Project, except for those efforts which the DB
Agreement specify will be performed by the City or
other Persons.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
2 1. Introduction
1.1 RFP Administrative Information
RFP Title: Underground Reliability Improvement Project Request for Proposal Technical Proposal
Submittal Due Date: March 27, 2024, at 2:00 p.m. Pacific Time Price Proposal
Submittal Due Date: April 3, 2024, at 2:00 p.m. Pacific Time City Contact Information: John Martin, PE
Construction Contract Administrator
Anaheim City Hall – Public Works
200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805
Attn: John Martin, Mail Stop: 276
Email: [email protected]
(714) 765-5157
Electronic Proposal Submittal Requirements 1
Submit Electronic
Technical to: City of Anaheim Planet Bids Site
Price Proposals to: [email protected]
1.2 General Project Introduction
1.2.1 Procurement Update
In partnership with the Public Works Department, this Request for Proposal (RFP) for the Underground Reliability Improvement Project is being issued by Anaheim Public Utilities (APU) to the Most Qualified Respondents based on the outcome of the SOQ evaluation process completed January 25, 2024. No other firm than the Most Qualified Respondents listed below are eligible to submit Proposals under this RFP solicitation.
The Most Qualified Respondents are (in alphabetical order):
• Team A: Asplundh Construction, LLC/Asplundh Engineering LLC • Team B: Hampton Tedder Electric/Hampton Tedder Electric • Team C: Henkels & McCoy West, LLC/Cornerstone Utility Engineering COA encourages Respondents to provide the best solution for the Project within the boundaries of COA’s requirements as described in these RFP documents. COA expects to enter a Design-Build (DB) Agreement with a Design-Build Entity (DBE), selected from the Respondents, for the performance of the Agreement.
Submitted Proposals shall conform to the requirements of this RFP and shall be signed by the appropriately authorized official with the authority to commit Respondents to perform the services defined in the DB Agreement. By submitting a Proposal, a Respondent agrees, if selected, to enter good faith negotiations leading to execution of a DB Agreement based on the provided DB Agreement and information submitted with the selected Proposal. The criteria by which City will evaluate Proposals are set forth in this RFP.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
3 1.2.2 Introduction to Anaheim Public Utilities
Anaheim Public Utilities (APU) is comprised of professionals that serve a residential population of 350,000 and more than 20 million annual visitors to the City’s world class entertainment venues including the Anaheim Convention Center, Honda Center, City National Grove of Anaheim, the Anaheim Resort including Disneyland Resort and Anaheim Garden Walk, and Angel Stadium of Anaheim.
There are approximately 379 circuit miles of direct buried (DB) cables installed in the 1970’s and 80’s throughout Anaheim by developers, which was the industry’s standard at the time. As the DB cable nears the end of its useful life, new cables placed in conduits are installed, which will allow future replacements to be performed more effectively and efficiently. Approximately 269 circuit miles or 71% of DB cables has been replaced and APU aims to accelerate the replacements of the remaining DB cables in its system to improve the reliability of electric service in several neighborhoods throughout the City. The Underground Reliability Improvement Project (Project) involves replacing approximately 50,000-60,000 feet of aging DB cables and cable-in-conduit (CIC) systems with new underground conduit duct bank systems. The Project will also aim to upgrade ancillary infrastructures associated with the DB cable system such as transformers, holeliners, pullboxes, vaults, streetlights, and other related equipment.
1.2.3 Project Scope
This RFP solicits Proposals from DBEs to deliver a scope of services described in this RFP, Design-Build Contract and Contract Appendices, and includes design, permitting, development of design plans, provide electrical material and equipment list furnish all civil / substructure material, construction and energization.
DBE shall review and utilize existing data, previous relevant work, and additional resources, including but not limited to studies and field investigations, to determine the necessary level of effort required for the Project, and to complete, sign and stamp the Project design as the engineer of record.
1.3 Project Goals
The intent of this solicitation is to fulfill APU’s goal of accelerating the replacements of aging DB cables and CIC systems with new underground conduit duct bank systems to improve electric service reliability and system resiliency for Anaheim customers. The DBE is expected to produce a well-rounded design that will not only incorporate the primary purpose of the Project, but also consider future operational flexibility and system redundancy to reduce future outage frequency and restoration time. The DBE is also expected to construct the Project using the best construction practices and materials in accordance with the latest City’s Construction Standards to ensure that the new infrastructure is built to last for at least 30-40 years.
COA intends to achieve the optimum value for the budget available within the desired schedule. The DBE that provides the best value as described in this RFP will be selected. COA defines value in terms of exceeding minimum program requirements, excellence of design, durability of materials, and optimized life- cycle energy and maintenance costs, within the available budget as outlined in this RFP.
1.4 Guaranteed Maximum Price (GMP)
In addition to a fully constructed, energized and functional 6.9kV underground system, proposals shall include all costs for labor, materials as indicated in the RFSQ, supervision, general conditions, mobilization, special inspections, and any/all fees, including all applicable design, regulatory compliance applications and permits.
The Guaranteed Maximum Price (GMP) is currently estimated to be $20,000,000 - $22,000,000. The GMP represents the current total available funding for contract award of the base scope of work. The base scope Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
4 of work is defined in the Basis of Design (BOD). Unless otherwise prescribed as an “Alternate,” all work defined in this RFP and its attachments, and appendices including the BOD shall be considered the base scope of work.
The GMP shall include all the cost details and breakdown as defined in the Price Proposal form. The Price Proposal must represent and include all items of the Technical Proposal and Performance Criteria and remain valid for 180 calendar days after the proposal due date and time.
The design and construction of the 6.9kV electric system shall be completed in a Guaranteed Maximum Price (GMP) contract and include all requirements set forth in this RFP. This is not to be construed as a stipulated sum subject to change, but rather a true guaranteed not-to-exceed maximum cost.
2. Summary of Respondent Responsibilities
2.1 Reference Documents
Links to reference documents are issued as an Appendix.
2.2 Existing Site Conditions and Examination of DB Agreement Documents
2.2.1 Existing Site Conditions and Geotechnical Information Certain City-issue information is issued with this RFP and includes to an extent a site survey showing site boundaries and access, existing utilities, easements, and right-of-way data.
COA will not provide any geotechnical investigations for this project. It will be the DBE's responsibility to prepare any required geotechnical reports related to the Project after award, including up to two soil testing per site during construction or potholing procedures. At a minimum, COA requires the following information:
1) compaction and backfill recommendations for native soil. The DBE shall include in their schedule and base price, a minimum of two (2) City reviews. Soil conditions are unknown for all project sites. However, for the purpose of this proposal, DBE shall assume the following:
1. Soil conditions are a rocky type Clay in the hill areas, which comprises the areas east of the 55 highway; and sandy soil/sugar sand in the flat lands, which comprises the areas west of the 55 highway.
2. Native backfill will be used in trench zones and shall meet PW and APU compaction requirements.
Allowances will be authorized at the discretion of APU. For example, APU, at its own discretion, may choose to use the allowance for slurry in lieu of native backfill for portions of the project.
3. Existing asphalt is 8-inches of AC over 6-inches of crushed aggregate base.
2.2.1.1 Underground Facilities
Information and data with respect to underground facilities for DB cable locations will be provided to the DBE in the form of a civil utility base map in AutoCAD. It shall be the responsibility of the DBE to verify and confirm the substructure locations shown on the base map during the design phase. Utilities elevation information can be determined with record and as-builts drawings; however, the DBE shall be responsible to confirm exact elevation to ensure horizontal and vertical clearances are met per General Order 128.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
5 2.2.2 Familiarization with the Scope of Work
Before submitting a Proposal, each Respondent shall familiarize itself with the scope of work, laws, regulations, and other factors affecting DB Agreement performance. The Respondent shall be responsible for fully understanding the requirements of the subsequent DB Agreement and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of DB Agreement requirements. The submission of a Proposal will constitute a representation of compliance by the Respondent. There will be no subsequent financial adjustment, other than that provided by the subsequent DB Agreement, for lack of such familiarization.
2.2.2.1 Permitting and Approvals
This RFP includes a document titled, “Permits and Approvals” and defines the allocation of responsibilities between COA and the DBE for obtaining various permits and approvals. Respondents should note that in certain circumstances, the DBE shall be responsible for obtaining permits and approvals from other agencies as applicable on behalf of COA since the permit or approval will be issued to the City. This does not relieve the DBE of the responsibility for obtaining such permits and approvals in time to meet its contractual schedule obligations.
Permitting price shall include all design-builder scope for obtaining required permits and approvals, including price of supporting studies, drawings, calculations, etc. COA reserves the right to monitor the DBE’s permitting activities, but this shall not relieve the DBE’s obligation to obtain and comply with all permits necessary for the performance of the services described in the DB Agreement and Appendices.
2.2.3 Design-Build Period Services and Responsibilities The Design-Build Period is the period from the Notice to Proceed to Final Completion. The DBE shall provide all necessary services associated with the permitting, design and construction of the Project during this period as defined in the DB Agreement.
3. Procurement Process
3.1 Procurement Process Overview and Schedule
3.1.1 Fixed-Price Design-Build Procurement Process
COA is using fixed-price design-build delivery for designing and constructing the Project. The Project will be procured according to Chapter 10.06 of the Anaheim Municipal Code.
Step One was the RFQ prequalification process that resulted in the identification of the Most Qualified Respondents. Step Two is the RFP process.
An evaluation committee will review and evaluate the Proposals received in Step Two. The evaluation criteria are prescribed and will not be based primarily on lowest total cost. The Evaluation Committee will rank Proposals and enter negotiations with the top-ranked Respondent. The City Council will award the Project to the DBE whose Proposal is most advantageous to the city based on the evaluation criteria included within the RFP.
To support the evaluation process, Technical Proposals shall be submitted and evaluated prior to the submittal of the Price Proposal. Requests for clarification (RFC) maybe issued to Respondents to allow for Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
6 amendment, if necessary, of Technical Proposals prior to submittal of the Price Proposal. Further RFCs regarding pricing may be issued after submittal of Price Proposals.
3.1.2 Procurement Schedule
Detailed dates for key milestones for both the Respondents and COA through the procurement process are prescribed and subject to change; any changes will be communicated via addendum to this RFP.
Anticipated Procurement and Project Schedule
Procurement Milestone Date
RFP Release February 2, 2024
Pre-Proposal Meeting
(Anaheim West Tower – Gordon Hoyt Conference Room)
201 S. Anaheim Blvd. Anaheim, CA 92805
1:00 PM, February 21, 2024
One-on-One Meeting #1
Team A: 8:30 a.m. to 10:00 a.m.
Team B: 10:30 a.m. to 12:00 p.m.
Team C: 1:00 p.m. to 2:30 p.m.
March 6, 2024
Deadline for Questions on RFP 5:00 PM March 13, 2024
Technical Proposals Submittal Due Date 2:00 PM March 27, 2024 Price Proposals Submittal Due Date 2:00 PM April 3, 2024 Interviews (Times TBD) April 8, 2024
Negotiations April 10, 2024-April 12, 2024
Notice of DBE Selection April 12, 2024
City Council Approval June 11, 2024
Notice to Proceed – Phase 1 (Design Development) July 11, 2024 Groundbreaking, DBE Early Mobilization and Site Prep, Phase 2 (Construction Documents) March 2025
Phase 3 (Construction) June 2025
Substantial Completion Date June 2026
Final Completion Date (Total Contract Duration: 480 Calendar Days) July 2026
3.2 Respondent Team Requirements
3.2.1 Conflict of Interest Policy
Engineering firms, architectural firms, consultants, or individuals retained by COA to assist in drafting the RFQ, RFP, or the Project’s preliminary design are not eligible to participate in the competition with any DBE bidding for the Project.
3.2.2 Obligation to Keep Team intact
COA advises that the DBE, its members, and its Key Personnel identified in this Proposal shall remain in the DBE for the duration of the procurement process (and if successful, from award through completion of the Project). If extraordinary circumstances necessitate a change to Respondent’s DBE (firms or people), Respondent shall submit a change request to COA, which will determine whether to authorize the change at its sole discretion. If changes are necessitated by circumstances beyond Respondent’s control, substitute members of the DBE, its members, and Key Personnel shall be submitted to and approved by COA. Changes Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
7 to DBE members or Key Personnel made by Respondent during the procurement process without COA’s authorization may disqualify the Respondent.
3.3 Communications Protocols for Questions and RFIs/Clarifications Requested by COA
During the proposal period, Respondents may submit questions to COA according to the process described in the following sections for requests for information (RFIs) and non-confidential questions, requests for interpretation of DB Agreement, confidential questions, and/or communications with regulatory agencies. COA may, at any time, seek clarification on submitted materials or seek any other information from Respondents on an individual or collective basis.
3.3.1 Communication Protocol and Questions from Respondents If a Respondent is in doubt as to the true meaning of any part of the RFP, project technical requirements, specifications, or DB Agreement, or finds discrepancies or omissions, the Respondent may submit to COA a written request for an interpretation or correction. All communications regarding the Project, COA data related directly or indirectly to the Project, this Proposal, shall comply with the following communications protocol:
• All non-confidential questions related to this solicitation shall be submitted via Planet Bids. Confidential questions should be addressed as per the instructions in Section 3.3.2. • Questions received after the specified due date may not be considered, however, Respondents are encouraged to submit all questions for consideration. Clarifications deemed by the City to be material shall be answered via addendum. Addenda may be posted on the City Planet Bid site or individual links to the Addenda shall be sent to the Respondents via email. Only questions answered by formal written addenda shall be binding. Oral and other interpretations or clarifications shall be without legal effect. It is the Respondent's responsibility to be informed of any addenda that has been issued. • Upon release of this RFP, Respondents, agents of Respondents, and consultants of Respondents shall only make inquiries to the designated Contact Person.
• Any oral communication will be considered unofficial and non-binding to the city. • Any verified allegation that a Respondent or an employee, agent, advisor, consultant, or subcontractor of a Respondent has engaged in prohibited communications or to unduly influence the selection process may be cause for the City to disqualify Respondent from participating, at City discretion.
3.3.2 Confidential Questions
All Respondents shall comply with the following communications protocols and process for confidential questions:
• Respondents may submit confidential questions in accordance with this section. • All confidential questions related to this solicitation shall be submitted via email to the City Contact and shall be specifically marked as “Confidential.”
• “Confidential” questions are restricted to those related to a given Respondent’s proprietary approach (e.g., an alternative technical solution) or specific circumstances (e.g., insurance or financial requirements) that would justify a confidential response. • If a question is marked “Confidential,” a direct response to the originating Respondent will be considered.
• Responses to questions submitted as “Confidential” will be provided only to the original requesting Respondent.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
8 • Questions marked “Confidential” that, in COA’s sole opinion, warrant a response to all Respondents (e.g., changes or clarification of requirements or interpretation of RFP) or that, in COA’s sole determination, do not contain proprietary information will be returned to the submitter unanswered, with a request to withdraw the question or to submit it on a “non-Confidential” basis. • Confidential Questions received after the specified due date may not be considered, however Respondents are encouraged to submit all questions for consideration. • Additional information and rules regarding confidential meetings and correspondence can be viewed in Appendix 9. Confidentiality agreement is included in Appendix 9.
3.3.3 COA Requests for Clarification (RFC) from Respondents COA may ask for clarification on the information provided as part of Respondent’s Proposal via Requests for Clarification (RFCs). RFCs may include, but are not limited to, holding discussions or meetings with Respondents, requesting additional information from Respondents to support the information included in the Proposal and requesting resubmission of Proposals.
The Technical Proposal submittal due date is prior to the Price Proposal submittal due date so that COA may issue RFC requests, and Respondents may adjust their Proposals, prior to submittal of their Price Proposal.
From time to time, COA may request information from Respondents for informational purposes or to obtain feedback on Project-related issues. Such requests will be made collectively on an equal basis to all Respondents.
COA may also seek clarification from a specific Respondent on a confidential basis based on publicly available information regarding its team composition, financial condition, or performance.
In addition, COA may request clarifications on a confidential basis from individual Respondents to obtain further information regarding previously submitted materials or questions. In general, these clarification requests and responses are intended to be confidential in nature, but COA reserves the right to issue RFP Addenda to all Respondents when a clarification would result in information or changes to the Project requirements or scope.
3.4 RFP Addenda
COA will provide written responses to any questions submitted in writing, on the Proposal to all Respondents.
Where inquiries lead to changes in the Proposal, such changes will be issued by COA via addendum. It is the Respondent’s responsibility to obtain a copy of any Addenda relevant to this solicitation. COA takes no responsibility for informing recipients of changes to the original solicitation document.
Respondents shall include an acknowledgement of all addenda with its Proposal’s Transmittal Letter, as well as acknowledge addenda on Planet Bids.
3.5 Public Records and Firm Proprietary Information
3.5.1 Public Record
All proposals submitted in response to this RFP shall become the property of COA and shall become a matter of public record following the City Council Meeting for contract award.
3.5.2 Respondent Proprietary Information
The Respondent shall submit all documents deemed to be confidential in a separate envelope/file marked “CONFIDENTIAL & PROPRIETARY” and COA will make all reasonable efforts to maintain such documents in Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
9 non-public files. The Respondent shall supply the company address and contact person (including contact phone and email address). These documents shall be submitted to the City Contact no later than the Technical Proposal submittal due date. If COA receives a public records request for a Proposal under state or federal law, COA will notify the Proposer of the request prior to release of the Proposal to allow adequate time for the Proposer, at its sole cost and expense, to seek a protective order or other appropriate remedy concerning such public records request.
3.6 Site Access
Proposers may access the site(s) without prior approval from COA; however, are required to follow the City’s customer notification process when needing to access private properties. In addition, Proposers are required to provide appropriate identification and business cards to customers when asked. Requests to access restricted areas (if any) shall be submitted to the City Contact.
3.7 Confidential One-on-One Meeting(s)
COA will invite Respondents to Confidential One-on-One Meeting(s) to discuss the Project prior to the due date for the technical proposals. The topics discussed in these meetings will remain confidential and will not be disclosed to competing firms. These confidential meeting(s) are not scored or otherwise evaluated as part of the Proposal. The meeting is for the sole benefit of the Respondent to be able to ask questions and have a dialogue with COA staff regarding the Project and project requirements, thus enabling the Respondent to better prepare its Proposal.
The purpose of these meetings is to give Respondents an opportunity to provide insight to its respective technical and delivery approaches to ensure compliance with COA’s Project objectives. In addition, each Respondent shall have an opportunity to (a) ask questions of COA to gain a better understanding of the Project and RFP requirements; (b) ask questions or raise concerns related to the procurement process or submittal requirements; and (c) ask any questions related to clarifying COA’s vision for the Project. Any information presented by a Respondent will be preliminary and non-binding until formally offered in writing or set forth in its Proposal. Information regarding a Respondent’s individual approach and potential proprietary solutions will not be shared with other Respondents.
Confidential One-on-One Meeting Ground Rules. Confidential One-on-One Meetings will generally be structured according to the following ground rules:
• Apart from any Project update and introductory comments to be presented by COA and its Representatives, the agenda is at each Respondent’s discretion. • A confidentiality agreement will be signed by each meeting attendee, including COA staff and others attending on COA's behalf, prior to the start of each Confidential One-on-One meeting. • COA will not discuss any information submitted by other Respondents as part of this procurement, at any time. COA will discuss information related to a Respondent’s own submittal, as requested by the Respondent.
• COA will not provide, and Respondents shall not seek to obtain commitments during these meetings. • Respondents shall not seek to obtain an unfair competitive advantage over any other Respondent.
These meetings are not intended to provide any Respondent with access to information that is not similarly available, or made available, to other Respondents. Accordingly, material information about the Project or procurement that COA reveals or discusses in response to questions raised in a Confidential One-on-One Meeting will be made available to the other Respondents unless COA, in its sole discretion, determines that disclosure of such information:
would impair the confidentiality of information submitted as part of this procurement or reveal a Respondent’s confidential business strategies,
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
10 is not necessary to address an error in the RFP Documents, is not necessary for purposes of fairness and transparency, and is not required by the Public Records Act.
• The conduct and/or discussions that occur during Confidential One-on-One Meetings will not be considered during Proposal evaluations.
• The Proposer shall keep meeting minutes of these confidential meetings and shall submit those meeting minutes as part of their final technical proposal.
• For further information and confidentiality agreement See Appendix 9.
3.8 Proposal Evaluation Process
COA will establish an Evaluation Committee to review and score Proposals, conduct interviews, and ultimately select the top ranked candidate from among the Respondents. The Proposal Evaluation Committee may differ from the SOQ Evaluation Committee at the discretion of COA.
Evaluation Committee members represent a range of specialties within the utilities and engineering industry.
Proposals shall be written and compiled in such a way that allows both experts and non-experts to understand the contents.
Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non-responsive. At its sole discretion, however, the Evaluation Committee may waive any minor irregularity in the RFP and may request clarification or additional information to remedy a failure. At its sole discretion, the Evaluation Committee may also reject all Proposals and/or terminate this solicitation.
Respondents will be required to demonstrate that they meet submittal requirements. The Evaluation Committee will evaluate, score, and rank the responsive Proposals that satisfy the evaluation criteria set forth herein. Price Proposals will be evaluated and scored separately from the non-financial material of the Technical Proposal. The Respondents will receive a final ranking based on the combined Technical Proposal and Price Proposal scores as described in this RFP. Upon completion of the evaluation process, COA will negotiate with the top ranked Respondent. If negotiations are successful, the top ranked candidate will be recommended to the City Council and, if the City Council determines that the Respondent’s Proposal is the most advantageous to the City based on the evaluation criteria, the City Council will award the agreement unless the solicitation is cancelled prior to award. Upon completion of the procurement process, COA will notify each Respondents of its status.
3.8.1 Evaluation Committee
An Evaluation Committee will be established by COA. The Committee will evaluate all Proposals received in accordance with the evaluation criteria and will be solely responsible for review and scoring Proposals, conducting interviews, and ultimately recommending a Selected Respondent with which to start negotiations.
Technical consultation by COA staff and its advisors will be provided to support the Evaluation Committee's evaluation process. COA reserves the right to modify evaluation committee membership at any time, including between Step 1 and Step 2 Proposal phase evaluation.
3.8.2 Proposal Compliance to RFP Requirements
Proposals will be reviewed for compliance with requirements of the RFP by COA staff and advisors. The results of these reviews will be provided to the Evaluation Committee for use in its evaluation process.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
11 3.9 Interviews
COA will conduct interviews as part of the evaluation process. Information provided during the interviews may be taken into consideration when evaluating the Respondent’s Proposal . COA will not reimburse the Respondents for the costs associated with the interview process. Interviews will be held at a time and place specified by COA. The interview’s format, instructions, and interview room setup will be provided prior to the interviews.
The following ground rules shall govern the interview process:
• All interviews shall be of uniform duration.
• The number of attendees allowed at the interview may be limited and will be at the sole discretion of COA. • COA may elect to ask Proposal-specific questions (i.e., each team may be asked different questions based upon the specifics of its Proposal). Alternatively, COA may elect to use the same interview questions for all Respondents.
3.10 Contract Negotiations
The following is the procedure for contract negotiations and award:
1. If COA determines that it intends to award a DB Agreement to the Selected Respondent, it will transmit the Notice of Intent to Commence Negotiation with Highest Ranked Respondent.
2. COA will enter negotiations with the Highest Ranked Respondent to among other things, finalize project costs, scope, schedule, and the DB Agreement and Appendices.
3. When negotiations are successfully completed with the Highest Ranked Respondent, a DB Agreement shall be signed by the Highest Ranked Respondent and will be submitted to the City Council for approval.
Following approval, City and this Respondent will execute the DB Agreement.
4. If negotiations are unsuccessful, negotiations will cease with the Highest Ranked Respondent and may begin with the next highest ranked Respondent.
5. The RFP, the RFP attachments, DB Agreement, and the Selected Respondent’s Proposal will become incorporated as the complete Agreement. The Selected Respondent shall execute the DB Agreement, including but not limited to:
Signing all necessary documents and submitting all required evidence of insurance, within ten (10) days after personal delivery of the notice or within fifteen (15) days after such notice has been deposited in the United States mail.
Once the award is made by the City Council, the successful DBE shall post the Performance and Payment Bonds.
One copy of the DB Agreement will be returned to the Selected Respondent after the City executes the Agreement.
In case of failure of the Selected Respondent to execute and return the contract and all required documents within the time allowed, the City may, at its option, consider that the Selected Respondent has/have abandoned the DB Agreement.
6. Upon execution of the DB Agreement, the City will issue a Notice to Proceed to the DBE to commence work under the Agreement.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
12 3.11 Respondent Expenses and Stipends
3.11.1 Respondent Expenses
Nothing contained in this RFP shall create any contractual relationship between any responding firm and COA. COA accepts no financial responsibility for costs incurred by any Respondent regarding this RFP.
3.11.2 Respondent Honoraria and/or Stipends
COA will not provide any compensation in the form of a stipend or honorarium to Respondents in conjunction with this procurement process.
3.12 Appeals/Protests
Respondents that are not selected as the Successful Proposer may appeal the determination by (1) giving written notice to the City Contact of its intent to appeal no later than three business days after receiving notice of COA’s determination, and (2) requesting a hearing. Hearings shall be conducted and concluded no later than ten business days (or such later date as reasonably required by COA) after COA’s receipt of a timely appeal and hearing request.
The hearing so provided shall be an informal process conducted by a Hearing Officer to whom COA has delegated responsibility to hear such appeals. At or prior to the hearing, COA will provide a basis for selection. The Respondent will be given an opportunity to present information and argument in opposition to the Respondent selection determination. No later than ten business days after completion of the hearing (or such later date as reasonably required by COA), the Hearing Officer will render his/her decision. City Council award of the DB Agreement will not be delayed allowing for completion of an appeal process.
Failure to submit a timely appeal and hearing request with COA waives all rights to challenge COA’s selection determination.
3.13 Miscellaneous
COA may, in its sole and absolute discretion, in connection with this RFP do, without limitation, all the following:
Ask for clarification on information provided as part of Respondent’s RFP.
Conduct investigations with respect to the qualifications and experience of each Respondent.
Visit and examine any of the facilities relevant to a Respondent’s Proposal, discuss Respondent’s work with representatives at such facilities, and observe and inspect the operations at such facilities.
Reject any or all Proposals, waive any technicalities, immaterial irregularities, or minor informalities in a Proposal, and request clarifications or modifications during evaluation.
Qualify additional Respondents to submit a Proposal.
Eliminate any Respondent who submits an incomplete or inadequate Proposal or is not responsive to the requirements of this RFP.
Supplement, amend, or otherwise modify the RFP through the issuance of Addenda to all Respondents, and to supplement the RFP with information, prior to the RFP Response due date.
Addenda issued to the RFP may expand or cancel any work described in the RFP.
Issue one or more addenda to the RFP, including addenda that extend the RFP response due date.
Cancel this RFP in whole or in part, with or without substitution of another RFP.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
13 COA assumes no obligation to accept or act on any Proposal.
Disqualify, in its discretion, any Respondent who violates communication protocols or otherwise compromises the objectivity, integrity or fairness of the procurement process.
Perform investigations as may be deemed necessary by COA to verify the accuracy of the contents of Proposals.
Determine that a question submitted by a Respondent as “confidential” warrants a response to all Respondents, and to return the question to the Respondent unanswered with a request to withdraw the question or submit it on a ‘non-confidential’ basis.
Appoint an Evaluation Committee and evaluation teams to review Proposals and to consider the advice and assistance of advisors in any subject matter in Proposal evaluation.
Disqualify any Respondent that changes its organization as presented in its SOQ that was submitted to COA within its Proposal, without COA written approval.
End contract negotiations with the Selected Respondent, at any time and for any reason, at the sole discretion of COA.
Begin contract negotiations with the second ranked Respondent, if contract negotiations with the highest ranked Respondent fail, at the sole discretion of COA.
By responding to this RFP, the Respondent agrees that any finding by COA of any fact in dispute as to this RFP or the responses thereto shall be final and conclusive, except as provided herein.
4. Instructions to Bidders and Proposal Submittal Requirements
4.1 Submittal Deadline and Location
Respondents shall upload complete electronic PDF files of the complete Technical Proposal to COA’s Planet Bids site no later than the specified deadline. Respondents shall upload complete electronic PDF files of the complete Price Proposal to the COA’s Planet Bids site no later than the specified deadline.
Proposals received after the time and date specified above will not be considered. Each Proposal Volume shall be uploaded separately to the City of Anaheim Planet Bid Website.
4.2 Proposal Size Limitations
Respondents are highly encouraged to limit responses to only the length necessary, avoid marketing materials and extraneous content. Respondents shall strictly follow the submittal outline. Required information not provided within the required section may receive significantly lower scores.
Page layout and font types and sizes shall be legible. While there is no minimum font size, it is expected that narrative sections are legible. Smaller fonts are to be expected for tables and graphics, but illegible or difficult to read material may receive significantly lower scores. Where page limits are noted for specific sections, a page is considered one 8.5 inch by 11-inch face and all pages shall be numbered (e.g., an 11 inch by 17-inch page counts as two pages).
Electronic submittals shall be in PDF format set for printing on standard equipment and paper sizes without printer adjustment.
Respondents may add password-protection security to their Price Proposal, as well as any proclaimed confidential or proprietary information. Once Submitted, any passwords shall be provided to the City Contact.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
14 4.3 Withdrawals / Resubmittals of Proposals
A Respondent may formally withdraw and resubmit its Proposal at any time prior to the Proposal due date and time. Additionally, a Respondent shall notify COA if it intends to withdraw from the procurement, via a written letter sent to the designated City Contact.
4.4 Proposals: Required Sections and Section Weighting
To facilitate review of the information submitted, Proposals must contain the required sections presented in the order listed below. The Technical Proposal will be scored as follows:
Required Proposal Organization and Scoring
Required Sections Points Available
Volume 1. Detailed Technical (Non-Price) Proposal
Section 1. Executive Summary Evaluated for Compliance Only Section 2. Project Organization and Key Personnel Updates to the SOQ, including Past Experience on Similar Projects 15
Section 3. Methods to Accomplish the Work, Including Design, Construction, Quality Control, Outreach to Affected Residents & Businesses, Planned Outage Coordination, Traffic Control, Field Change Process, and Approach to Address Material Shortage 40 Section 4. Efficient and Quality Delivery and Completion on (or ahead of) Schedule 30 Section 5. Mitigation of Subsurface Conditions and Negative Construction Impacts 15 Section 6. Statement of Exceptions Deductive Evaluation Only Section 7. Proposal Attachments Evaluated for Compliance Only Volume 2. Drawings, Materials/Equipment Data Sheets, and Schedule Section 8. Sample Drawings and Materials/Equipment List, and Schedules Scored as part of the criteria in Volume 1
TOTAL: 100
The Price Proposal (Volume 3) shall be submitted as a separate file/detached from the Technical Proposal.
Volume 3. Price Proposal
Section 9. Price Proposal Evaluated for Compliance Only Section 10. Schedule of Rates and Fees Evaluated for Reasonableness Only
Proposals that do not contain the requested information may be rejected at COA’s discretion.
4.5 Evaluation Methodology
COA will evaluate compliant Proposals on a combination of compliance, non-price (technical), and price factors to determine which one provides the city with the “best value,” as defined below. The DBE that achieves the lowest cost per technical point will be selected as the apparent Best Value Proposer.
Conformance. It is COA's intent that all Respondents comply with the minimum requirements of the RFP and supporting documents. It is each Respondent's responsibility to demonstrate that its Proposal conforms to Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
15 COA's requirements. Non-conforming submittals are likely to be scored significantly lower by the Evaluation Committee and, in extreme cases, non-conforming Proposals may be disqualified at COA's sole discretion.
Using the evaluation criteria identified in this RFP, the Evaluation Committee will evaluate the proposals to determine the score of each technical proposal.
BEST VALUE DETERMINATION. For each technical proposal, the Best Value Score will be calculated as follows:
Best Value Score = DB Fixed Price
Total Proposal Points
Total Proposal Points:
The Total Proposal Points used to determine best value for each technical proposal will be determined as follows:
Total Proposal Points = Sum of All Points Awarded by Evaluation Committee Number of Evaluation Committee Members
Example Best Value Determination:
An example of how the best value determination works is as follows:
Team Total Proposal Points DB Fixed Price Best Value Score 1 91 $2,799,000 $30,758.24 per point
2 87 $2,500,000 $28,735.63 per point
3 76 $2,225,000 $29,276.31 per point
In the example, Team 2 has the lowest cost per technical point/Best Value Score and would be selected as the apparent Lowest Responsible Proposer.
4.6 Proposal Security /Bid Bond
Each Proposal shall be accompanied by a Bid Bond on the form provided by APU executed by the bidder as principal and an admitted surety insurer, pursuant to Code of Civil Procedure, Section 995.120, in an amount not less than 10% of the maximum amount of the design-build price. The check or Bid Bond shall be given as a guarantee that the Respondent shall execute the Work Order if it be awarded to him in conformity with the DB Agreement and shall provide the surety bond or bonds as specified therein after notification of APU’s intent to award the Agreement to the bidder.
4.7 Required Proposal Organization, Contents, and Evaluation Criteria The response to the RFP will be evaluated and scored according to the Proposal content requirements and evaluation criteria on the following pages, which contains instructions to Respondents, Proposal submittal requirements and evaluation criteria.
Each main section will be separated with a tab or page break (at a minimum). This organization aligns with the evaluation criteria. Thus, Proposals not submitted in this organization will be scored lower. Responses to the submittal requirements that do not account for the evaluation considerations will be scored lower.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
16 This space intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
17 Technical Proposal Content Requirements
Proposal Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations
Volume 1 Technical Proposal. Volume 1 SHALL NOT include any pricing information. Inclusion of such information shall constitute grounds for determining a Proposal to be non-responsive.
Transmittal Letter Provide a transmittal letter that includes:
A. Signature of an authorized representative of Respondent with authority to commit Respondent to the work.
B. The name, title, address, email, and phone for Respondent’s preferred single point of contact for all procurement-related communication.
C. Acknowledgement of all Addenda.
D. Certify under penalty of perjury that the information provided in the Proposal is true and correct.
Evaluated for
Compliance Only
1 page max
Table of Contents Provide a Table of Contents that includes major headings of the Proposal and associated page numbers as well as lists of tables, graphics, figures, exhibits, and required attachments.
Evaluated for
Compliance Only
1. Executive Summary Provide a summary of the Proposal and address the following:
A. Overall summary of enhancements, added value, and benefits of Respondent’s proposed approach with respect to APU’s goals and objectives.
B. Ability to deliver on (or ahead of) schedule.
C. Address why the project approach represents the overall best value to the City.
Evaluated for
Compliance Only
1 page max
2. Project Organization,
and Qualifications of
Key Personnel
A. Identify changes to the Respondent’s DBE membership or structure since the submittal of the SOQ.
Summarize any changes to Key Personnel since the submittal of the SOQ. Specifically address the following:
• Changes in DBE member information and composition, including revised DBE Organization Chart and Key Personnel Organization Chart.
B. Provide a summary of Respondent’s experience (DBE members and Key and other personnel) in successfully designing, building and commissioning similar projects.
C. Describe proposed Project organization and provide an organizational chart, including identification and responsibilities of key personnel. Indicate role and responsibilities of the prime contractor, engineer-of-record, and all subcontractors and sub-consultants.
D. Indicate how local firms are being utilized to ensure a strong understanding of local laws, ordinances, regulations, policies, requirements, permitting, etc.
E. Indicate extent of commitment and availability of key personnel for the duration of the Project and any local presence for interfacing with the City.
2 pages max
excluding
organizational
chart
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
18 Technical Proposal Content Requirements
Proposal Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations
3. Methods to
Accomplish the Work
A. Describe the proposed methods and overall strategic plan to accomplish the work proposed in this RFP and conform to APU Specifications and Standards of Construction and Design. Include details on DBE’s planned approach on design, construction, quality control, outreach to affected residents & businesses, planned outage coordination, traffic control, and field change process.
B. Discuss the DBE’s understanding of the project, and any suggestions or special concerns that the City and the DBE should address for a successful project.
C. Provide a narrative rendition of the technical and management approach proposed for the project and detailed scope of work.
D. Discuss lines of communication necessary to maintain project scope, inspection; design, construction and delivery schedules; and software availability for both schedule and management reporting.
3-5 pages max
4. Efficient and Quality
Delivery and
Completion On (or
ahead of) Schedule
A. Describe how the Respondent will manage the Project, including, but not limited to, how it will track decisions, facilitate reviews and communicate with APU, its stakeholders, regulatory agencies, and other third parties.
B. Describe the Respondent’s Quality Control methods and how they will comply (at a minimum) with any Quality Requirements defined in the Contract Documents.
C. Provide a Preliminary Design and Construction Schedule considering all Project deliverables. This schedule should reflect major design and construction activities. Outline any concerns regarding the schedule.
D. Provide the following information:
• With specific emphasis on long-lead items, describe approach to procuring DBE-furnished materials for the Project, and assist APU in procurement of any electrical material and equipment APU is concerned with timely delivery.
• Describe approach to obtaining the required permit and approvals necessary to complete the design and construction. This include right-of-way construction permit(s) and traffic control approval from Anaheim’s Public Works, right-of-entry and easements on behalf of APU for work on private property, and other related permits / coordination. Provide your approach and assumptions to obtaining permits. Identify any permits unique for your design concept that are not identified in this RFWOP including the issuing agency and any support they would like to receive from APU for those permits.
E. Describe your overall approach to meeting the specified Substantial Completion date. Provide the detailed Project schedule as an attachment to the Proposal. 3-5 pages max
Evaluation
Considerations:
Has the
Respondent
described a
thorough
construction
approach and
plan,
including
understanding
of stakeholder
requirements
and
minimizing
community
impact?
Does the
Respondent
describe its
approach to
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
19 Technical Proposal Content Requirements
Proposal Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations
F. Identify significant contract activities including shoulder to shoulder sessions, and procurement activities and durations, including the activities required to complete the Construction Documents and obtain required approvals.
obtain
required
permits?
Does the
Respondent
describe a
sequence of
work and
schedule that
includes a
proposed
approach for
completion on
(or ahead of)
schedule?
Does the
Respondent
provide
detailed
approaches to
site
management,
including
security,
safety,
laydown and
storage?
5. Mitigation of
Subsurface Conditions
and Negative
Construction Impacts
Describe how Respondent will minimize or eliminate the risk of increased costs or adjustments to the Contract Time with consideration of the following:
A. Excavation and grading requirements including proposed shoring and monitoring of existing facilities and/or structures.
B. Underground utility identification, relocation, and/or removal. 2 pages max
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
20 Technical Proposal Content Requirements
Proposal Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations
C. Existing groundwater conditions. Description includes discussion of potential mitigation of shallow groundwater conditions including the need for dewatering and the potential use of excavated soils as backfill.
D. Other geotechnical conditions including rock or sand/fill.
E. Potential mixed faced tunneling conditions, if tunneling is necessary.
F. Subsurface contamination.
G. Mitigation of construction noise, vibration, dust, traffic, etc. affecting surrounding community.
6. Statement of
Exceptions Respondent shall certify that it takes no exceptions to the project requirements and the contents of this RFP. If the DBE takes exception(s) to any portion of the project requirements, scope of work, or this RFP, the specific portion to which exception is taken shall be identified and explained.
Deductive
Evaluation Only
7. Proposal
Attachments
Proposal Attachments and Non-Price Forms
Non-Price Forms
Form 1. Non-Collusion Affidavit
Form 2. Designation of Subcontractors
Form 3. Equal Employment Opportunity Certificates of Compliance Form 5. Statement by Bidder
Form 6. Certification of Bidder
Form 7: Proposal Hours Worksheet
Evaluated for
Compliance Only
Volume 2 - Drawings, Materials/Equipment Data Sheets, and Schedule
8. Drawings,
Materials/Equipment
Data Sheets, and
Schedules
Respondent may submit the following to support the contents of its Technical Proposal:
A. Sample drawings from similar project(s)
B. Sample material/equipment list from similar projects C. Project Schedule(s)
Scored as part of
the criteria in
Volume 1
Volume 3 - Price Proposal Volume 3 shall be submitted under separate cover.
9. Price Proposal A. Price Proposal Form. Note that Price Form includes descriptions for specific allowances. Use of the allowances will only be authorized by COA.
B. Proposal Fee Worksheet
C. Bid Bond on COA form:
Evaluated for
Compliance &
Best Value
Determination
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
21 Technical Proposal Content Requirements
Proposal Section/
Evaluation
Category
Submittal Requirements /
Instructions
Evaluation
Considerations
Each Proposal shall be accompanied by a Bid Bond on the form provided by COA executed by the bidder as principal and an admitted surety insurer, pursuant to Code of Civil Procedure, Section 995.120, in an amount not less than 10% of the maximum amount of the DBE’s price proposal for the base scope of work. The check or Bid Bond shall be given as a guarantee that the Respondent shall execute the DB Agreement if awarded, in conformity with the Agreement and shall provide the surety bond or bonds as specified therein after notification of COA’s intent to award the Agreement to the bidder.
The bond or bonds shall be issued by a company or individual possessing a Certificate of Authority to transact surety insurance in California issued by the California State Department of Insurance.
Surety shall be a California admitted surety who is U.S. Treasury listed and whose U.S. Treasury listing indicates a bonding capacity more than the DBE’s price proposal for the base scope of work. If a California admitted surety insurer issuing a bond does not meet these requirements, the insurer will be considered sufficient if all the submittal requirements of Section 995.660 of the California Code of Civil Procedures are satisfied.
D. Price Proposal Spreadsheet.
10. Schedule of Rates
and Fees
A. Respondent’s project cost estimate shall include:
A comprehensive cost estimate with summary and detail including all related costs for the Project. Cost breakdowns for the Design-Build schedule of values as outlined in Form 1 (i.e. Design and Construction)
B. Design and Pre-Construction: Services for this period shall include but not be limited to project design, cost estimating, constructability review, site surveys, testing, subcontractor bidding, submittal review and procurement of long lead items. The City views the DBE’s input and leadership during this period as an important component of the Project.
C. Clearly note all assumptions that were used to create the estimate and clearly note areas of concern.
D. Special Inspections shall be included in the DBE’s scope of work. Special Inspections shall include but not be limited to, welding inspection, geotechnical inspection, soil compaction testing, and asphalt concrete (AC) compaction testing.
E. Project General Conditions: Provide a detailed spreadsheet that completely outlines the Project’s general conditions, including quantities, units, unit costs, and totals.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
22 5. Design-Build Agreement and Commercial Requirements Summary
5.1 General Overview
The Design-Build Agreement and Appendices constitute the risk allocation, responsibilities, and obligations sought by COA. Certain Appendices will require Proposal-specific information to complete. Respondents shall be aware that, if selected, information submitted in its Proposal will be included in the final DB Agreement and Appendices.
Proposal-specific information that may become part of the DB Agreement and Appendices includes, but is not limited to, drawings, equipment lists, equipment data sheets, pricing forms, operating parameters, and insurance forms. The DB Agreement may also include, either by reference or as additional exhibits, applicable portions of the Selected Respondent’s SOQ.
Note: The DB Agreement represents the City’s standard language for its projects. If a Respondent has any specific concerns regarding any of the City’s contract language or requirements, which would render the Respondent unable or unwilling to enter into a DB Agreement with the City, the Respondent shall identify these concerns during the Confidential One-on-On Meeting(s). Exception to or deviations from the City’s standard language may be considered by the city in its evaluation of the responsiveness of a Proposal.
5.2 Contract Security
5.2.1 Design-Build Payment and Performance Bonds
The selected Respondent will be required to obtain 100% Payment and Performance Bonds provided as an attachment to the RFP.
5.3 Required Insurance
The types and limits of insurance to be provided by the Selected Respondent are set forth in Article 13 Insurance and Bonds of the General Conditions.
5.4 Other Project Requirements
5.4.1 Amended and Restated Community Workforce Agreement (NOT APPLICABLE TO THIS PROJECT) The City has entered into a Community Workforce Agreement (CWA) with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions. The CWA is a pre-hire collective bargaining agreement that establishes labor relations procedures. Projects that are anticipated to be included as covered “Project Work” as defined in the CWA and the Successful Proposer and its subcontractors of all tiers shall agree to execute and be bound by the terms of the CWA by signing a Letter of Assent (a form attached to the CWA as Attachment A). The CWA will be incorporated by reference in the DB Contract and can be accessed on the City’s website at: http://anaheim.net/229/Public-Works .
Respondents shall include costs associated with fulfilling their obligations to comply with the policies and procedures prescribed in the CWA including working with the City’s designated CWA Administrator to ensure full compliance with the CWA in their Price Proposals.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
23 5.4.2 Prevailing Wage Rates
Prevailing wage rates will apply to the construction aspects of this DB Agreement, and other applicable Public Works requirements. applicable Public Works requirements.
This section is intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
A-1
Attachment A: Required Forms
The following forms are provided as separate electronic files.
Non-Price Forms
Non-Collusion Affidavit
Designation of Subcontractors
Equal Employment Opportunity Certificates of Compliance Statement by Bidder
Certification of Proposal
Proposal Hours Worksheet
Price Forms
Price Proposal Form
Proposal Fee Worksheet
Bid Bond
Price Proposal Spreadsheet
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
A-2
This page intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
B-1
Attachment B: Draft Final Design-Build Agreement and
General Conditions
Includes:
Appendix 1. Basis of Design (BOD)
Appendix 2. Reference Documents
Appendix 3. Minimum Technical Requirements
Appendix 4. Submittals, Review Procedures, and Workshops
Appendix 5. Permits and Approvals
Appendix 6. Sample Design-Build Agreement
Appendix 7: Sample Design-Build General Conditions
Appendix 8. Insurance Requirements
Appendix 9: Rules Governing Confidentiality
Appendix 10. Sample APU Direct Buried Cable Replacement Project Construction Plans
Appendix 11: Abnormal 6.9 kV Risers List
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
B-2
This page intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 1
Appendix 1: Basis of Design (BOD)
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 2
This page intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 3
Appendix 1
Basis of Design (BOD)
A.1 General Obligations of the DBE
The services to be provided by the selected DBE are generally to be performed in three “Phases”:
Design and Pre-construction Services (Phase I), Construction Services (Phase II), and Operation/Start-up Services (Phase III). The services to be provided in each Phase are specified in the Scope of Work section.
The selected DBE shall perform all services, work and obligations as described herein for Phase I, Phase II, and Phase III for a Fixed Price bid outlined in Form 1.The Fixed Price bid shall include, but not be limited to the cost for all labor, equipment, and material to design and build fully functional facilities, site work, permitting, and improvements in accordance with the all applicable rules, regulations, and laws and insurance and bonding.
The selected DBE shall be obligated as follows:
1. DBE has a maximum of 480 Calendar days to complete all Project Sites after the NTP is issued.
2. Provide all supervision, labor, equipment, contractor-furnished material and parts, technical expertise, safety apparatus, and operations to complete the Project.
3. At all times in performing its services, design and deliver the best possible Project consistent with the standard of care that satisfies the time, monetary, quality, and design parameters set forth in this RFP and the Design-Build Agreement (Contract).
4. Design and construct the Project on time, consistent with the timeframes set forth in the Project Schedule, and in such a manner that the Fixed Price bid of the Project shall not be exceeded, except by written Change Order as provided in the Contract. DBE shall provide a cost-loaded baseline schedule showing the critical path and schedule of values (Project Schedule) using accounting system software acceptable to the City that will be updated, expanded, and provided to the City monthly as the Project develops.
5. The DBE shall use Microsoft Teams software or APU-approved equal to share and transfer files between APU and the DBE.
6. Perform all services expeditiously and consistently with skill and care and complete the services within each and all time periods set forth in the Project Schedule.
7. Perform all construction on the Project using contractors and subcontractors appropriately licensed by the California Contractors State License Board or other required agency. Work on APU’s high-voltage facility shall be performed by APU- approved contractors.
8. Self-perform or subcontract all design services for the Project using qualified, licensed, and sufficiently experienced engineers and other professionals (“Design Consultants”) as identified in the Project Schedule. DBE shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the DBE of any of its obligations or responsibilities under this RFP or the Design-Build Contract.
9. Ensure that DBE personnel conduct themselves in a professional manner at all times.
Personnel shall be courteous, neat in appearance, and wear visible identification including all personal protective equipment and COVID-19 protective equipment and Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 4
procedures. All equipment and vehicles must display their company identification, including any subcontractors.
10. Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap. In addition, adhere to the CWA requirements referenced in the Master Agreement.
11. Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following:
a. Not interfere with pedestrian and vehicular access.
b. Take all reasonable steps during the course of construction to control dust in accordance with the provisions in the Best Management Practices (BMP), and most recent Supplement (“Greenbook”). Ensure that all work conforms to the City of Anaheim noise ordinance unless authorized by the designated City representative. The DBE shall ensure all DBE personnel comply with all relevant OSHA, Cal/OSHA, and labor and industrial work safety regulations at all times they are on the Project Site. The DBE is responsible for implementing confined space entry procedures in accordance with all applicable laws and regulations.
12. Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to zoning, environmental, building, fire and safety codes and coverage, and lien laws, and comply with them in performance of its services. DBE shall ensure that the Project design conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively “Governmental Requirements”) existing as of the date of the Project Notice-to-Proceed. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials (“Code Authority”) are often subject to change at any time, even after issuance of a notice to construct. If, after the date of the Project Notice-to-Proceed, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, DBE shall make the required modifications to comply with the same. However, in the event of such an occurrence the compensation to DBE and the associated design and pre-construction schedule may be subject to an adjustment. Nothing contained in this paragraph shall relieve DBE of its obligations to modify the Project at its own expense where DBE has failed to design the Project in compliance with Governmental Requirements applicable as of the date of Project Notice-to-Proceed.
13. Obtain all permits necessary to complete the Project. City shall pay for the cost of the permits or reimburse DBE for the cost of permits without markup, except that DBE shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors. APU will assist DBE to the maximum extent practicable to process each City of Anaheim permit. However, DBE shall acknowledge that APU does not have any privileges or ability to expedite the permitting process of other City departments.
DBE shall submit and upload all full size 24” x 36” plan sheets in pdf format for review by the City as described below. DBE shall assume that each City of Anaheim permit will require three submittals, and the first one may take up to 6 weeks for review / comments or approval. Approval times may vary and are dependent on the DBE’s adherence to the Public Works Department’s permit application and plan review submittal requirements and procedures, including the use of Eplansoft GoPost for the upload of applications and plans. Refer to the Permits and Approvals Appendix to this RFWOP for details.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 5
14. Adhere to the provisions of all permits and rules and regulations, including those from the 2012 Edition of the Standard Specifications for Public Works Construction (“Greenbook”), the most current CPUC General Order 128 and the latest California Building Standards Code (California Code of Regulations, Title 24), City of Anaheim, and County of Orange.
15. Comply with all licensing requirements of the State of California, County of Orange and the City of Anaheim.
16. Use reasonable care to avoid damaging existing improvements, buildings, equipment and vegetation adjacent to the Project Site. If DBE causes damage to any of this property, DBE shall replace or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the Fixed Price bid or Contract Time. DBE agrees to indemnify City for any and all fines, penalties, liabilities, and costs imposed upon City, its officers, employees and agents as a result of this Project.
17. Perform Quality Control (“QC”). Review the drawings and specifications in order to identify and correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to applicable laws.
18. Be fully responsible for damages, and liabilities resulting from errors or omissions below the standard of care by DBE or DBE’s agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in Fixed Price bid or Contract Time.
19. DBE agrees to fully assume all risks and costs associated with such risks in performing the services and meeting the obligations under the Design-Build Contract. DBE shall verify actual site conditions, topography, and facility conditions. a. Unanticipated subsurface site conditions: City assumes risks for unanticipated subsurface site conditions provided DBE notifies City in writing within five (5) calendar days of discovery if DBE believes it has uncovered or revealed a condition which:
i. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in the work required by this RFP and the Design-Build Contract.
ii. Upon receipt of a written notice, City shall promptly investigate, and if it determines the conditions do materially differ, requiring a change in the Work, City shall commence the processing of a Change Order as provided in the Design-Build Contract. If City determines there is no bona fide Work scope change or is a minor change, which does not impact Fixed Price bid or Contract Time, City shall notify DBE within ten (10) calendar days. iii. DBE shall not be entitled to an adjustment in the Fixed Price bid or Contract Time if DBE knew or should have known of the existence of such conditions at the time DBE submitted and agreed to Fixed Price bid or Contract Time; or the existence of such condition could reasonably have been discovered as a result of DBE’s obligations.
20. DBE shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Compliance with this section by DBE shall not in any way excuse or limit DBE’s obligations to fully comply with all other terms in the Design-Build Contract.
a. Contractor’s License. DBE warrants that at least one member of the DBE team shall be licensed by the California Contractor’s State License Board as a Class A General Engineering Contractor and C-10 Electrical Contractor. City and DBE shall establish “key personnel” who shall remain on the Project until Final Completion.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 6
If any such “key personnel” leave the employment of DBE, City shall have the right to approve the replacement personnel assigned to this Project. DBE shall comply with all licensing requirements of the State of California, County of Orange, and City of Anaheim.
b. Project Manager and Project Design Engineer. Throughout all phases of the Project hereunder, the individual project manager, and project design engineer shall be as reflected in the Project Schedule. So long as the Individual Project Manager and Project Design Engineer remain in the employment of the General Contractor and/or Engineer, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City.
c. City Right to Remove Project Manager, and Project Design Engineer.
Notwithstanding the provisions of the DB Agreement and attachments, if the Individual Project Manager or Project Design Engineer, proves not to be satisfactory to the City, upon written notice from the City to the DBE, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below.
d. Replacement Selection of Project Manager and/or Project Design Engineer.
Within five (5) working days after receipt of a notice from the City requesting the replacement of any Individual Project Manager or Project Design Engineer, or promptly following the discovery by the DBE that any Individual Project Manager, or Project Design Engineer is leaving the employment of the DBE or Engineer, as the case may be, the replacement/substitution (together with such person’s resume and other information regarding such person’s experience and qualifications) for approval by City. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City’s approval of such replacement, which approval shall not be unreasonably withheld.
21. DBE agrees and acknowledges that the City Project Manager is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City Project Manager shall be borne exclusively by DBE and not be grounds for an increase in the Fixed Price bid or Contract Time, unless necessary to protect public health, safety or property.
22. DBE shall fully cooperate with City Representative and any of its agents assigned to this project.
23. The DBE shall remain in compliance with the City of Anaheim Water Quality Protection Program and, where applicable, City of Anaheim and County of Orange respective storm water protection programs and shall exercise every reasonable precaution to prevent the discharge of any material which is not solely storm water (i.e., rain events) to the storm drain system. The DBE will be responsible for the complete cleanup and compliance requirements of all material that is discharged from the project in violation of the discharge rules.
24. Payment of prevailing wages is required for this project. The DBE shall satisfy this requirement by reviewing the State of California schedule of general prevailing wage determination made by the Department of Industrial Relations.
25. All DBE team members, including the prime contractor and subcontractors must have a valid business license with the City of Anaheim prior to the Design-Build Contract being awarded to the selected DBE.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 7
A.2 Scope of Work
Services required of the DBE include those during Design and Pre -Construction, Construction, and Operations/Start-up of the Project. The Fixed Price Bid will be developed based on all management, supervision, labor, services, equipment, tools, supplies, and any other item of every kind and description required for a comprehensive design and construction program for Phases I, II and III. The scope of work includes, but is not limited to, the following:
• Develop and implement Project Management Plan and Procedures • Monthly project status reports
• Coordination/interface with the City and its other consultants/contractors • Progress meetings, by-weekly during Phase II
• Interface and communications with other agencies
• Vendors and subcontractors management
• Document control
• Schedule and budget control
• Quality assurance and quality control
• Pay for all code requirements such as designer construction inspections, pulling regulatory permits and complying with all other regulatory requirements to complete the Project.
Design and Pre-Construction Services – Phase I
The DBE shall utilize the most current APU Electrical Engineering Construction Standards attached under Appendix D and the most recent Standards Specifications for Public Works Construction (“Greenbook”), and Standard Specification Supplement
. Performance and design criteria, concept
drawings, and reports identified in the Design-Build Contract. Phase I services shall include, but not be limited to:
1. Prepare, organize, and present a design analysis in the Preliminary Design submittal.
The DBE shall present the preliminary design as a preliminary report with 50% drawings to APU addressed to the assigned Project Manager. A Preliminary Design Workshop shall be held by the DBE to demonstrate that the concept of the project is fully understood and the design is based on sound engineering principles. Provide design analyses for each discipline and include the following:
a. An introductory description of the project concepts that addresses the salient points of the design.
b. The identification of any necessary licenses and permits that are anticipated to be required as part of the design and/or construction process. c. Calculations to support the design.
d. Schematic level drawings.
e. Basis of design.
f. Confirm that there are no wet/dry utility in conflict with the proposed facilities in the preliminary design, through utility research. Include a potholing plan with the preliminary design.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 8
g. Conceptual Site Plan.
h. Prepare a Final Preliminary Design Report, and construction drawings (60% and 90%), supporting calculations, and specifications suitable for obtaining City approval and issuance of permits, with details including:
i. Coordination with property owners for placement of facilities on or near private property.
ii. Prepare and obtain right of entry and public utility easements and record the easements in connection with the project.
iii. Identify and coordinate right-of-way matters.
iv. Pothole to identify various utilities and thickness of existing pavement (includes traffic control and all cost associated).
v. Prepare detailed substructure and electrical layout plans, identify all existing underground utilities within project boundaries, new conduit and underground structures within roadway, parkway, sidewalks, and / or on private property, new electric facility locations, and any required relocations or removals, unless otherwise directed by APU. Plans shall be in accordance the APU standards and design practices.
DBE shall submit the plans in pdf format at each submittal phase for City review. The City shall provide comments within thirty (30) working days of each submittal.
2. The Contract Documents (CD’s) shall include, without limitation, the following:
a. Engineering plans and details, including electrical improvements, street improvements, details, or other public facilities as recommended by the DBE and approved by the City.
b. Technical specifications.
c. All other technical drawings, schedules, calculations, diagrams and specifications, to set forth in detail the requirements for construction of the Project, including street improvements, or other public facilities as needed to complete the project. d. Final specifications, including but not limited to the following: electrical improvements, street improvements, or other public facilities as recommended by the DBE and approved by the City, and any other documents to fix and describe the size, quality and character of the entire Project, its materials, and such other elements as shall be appropriate.
3. DBE shall determine and establish the sequence of construction, and if appropriate, identify separate bid packages to accomplish phased construction of the Project.
4. Review as needed the CD’s with the governmental authorities having jurisdiction over the Project.
5. DBE shall develop and submit to City for approval prior to implementation a Project Management Plan and Procedures to include the following:
a. Project status reports.
b. Coordination/interface with the City and its other consultants/contractors. c. Project Safety Plan, which shall include a requirement that all accidents, claims and other on-going safety related issues be reported to the City immediately. d. Progress meetings.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 9
e. Interface and communications with other agencies.
f. Vendors and subcontractors management.
g. Document control.
h. Schedule and budget control, including a project-specific plan for defining, tracking and reporting cash flow activity requirements, schedule of values. i. Quality assurance and quality control.
j. Throughout the design phase, the DBE shall provide scheduling and cost control reports monthly.
6. DBE shall conduct workshops at the Preliminary Design Report 5 0% and at the 75%, 90%, and Final Design levels or as-needed and requested by APU . Workshops shall be held within one (1) calendar week after submittal and shall be conducted at City of Anaheim Public Utilities offices. City shall provide comments to the DBE within thirty (30) days after submittal. DBE shall provide written responses to all written comments by the City in a response log organized by the DBE project manager.
7. Obtain written approval from the City project manager to proceed with the drawings and specifications for the subsequent design phases: (1) Final Preliminary Design Report and 50% CD’s; (2) 75% CD’s with specifications; and (3) 90% CD’s with specifications. (Construction). (4) 100% CD’s are required to be finished by DBE within twenty (20) working days after APU comments are returned to the DBE. (5) Once written approval for 100% is given, a final copy with wet signatures shall be finalized within 5 working days.
If the City provides conditional approval, DBE shall address all City comments or issues in the next set of drawings developed. DBE shall also prepare and respond to all comments received in writing in the form of a response log. The response log shall outline all the comments from the city and responses from the DBE. City retains the right to withhold approval and require resubmittal of the CD’s if CD’s are not satisfactory. Any delay or additional costs resulting from the re-submittal shall be borne exclusively by DBE and not be grounds for an increase in the fees or schedule specified in the Design-Build Contract. Preparation of technical materials and equipment specifications for pre - purchase will be the responsibility of the DBE.
8. Furnish support to a City constructability review team at the 75% and 90% design completion stage. Incorporate the results of this review into the design. The constructability review can take up to forty -five (45) days before any comments are returned to the DBE team. Complete the design for all elements of the Project, including but not limited to: Construction survey, potholes of conflicting utilities during design, civil, geotechnical, geological, hazardous materials, encroachment permits, environmental, construction management, CEQA, storm water, and specialty consu lting areas such as utilities and other specialty consultants that may be needed for the planning and construction of these types of facilities. Designs shall be prepared by an individual licensed to practice for that discipline in the State of California.
9. Evaluate alternative construction approaches for all facilities to ensure economical designs that optimize constructability yet meet all codes, conceptual designs, and standard specifications of the Project.
10. Incorporate the requirements of permitting agencies as may become apparent in the course of design. The DBE shall apply for and secure all permits and provide all necessary reports, studies and support required to obtain the permits. In addition, the DBE s hall research all applicable Water Quality Control Boards, US Army Corps of Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 10
Engineers, all agencies of the California Natural Resources Agency, noise abatement, and CALTRANS encroachment requirements. The Consultant shall develop all appropriate environmental plans, including but not limited to, an air pollution control plan, a noise abatement plan and a hazardous materials management plan if needed.
11. Conduct site surveys and geotechnical investigations to the extent necessary for final design, including monument preservation. Any information provided by the City may be preliminary in nature and may not have sufficient accuracy or scope to support final design.
12. Perform Quality Control (QC) Review of the Drawings and Specifications throughout all Phases in order to correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to Code Compliance Laws. Organize and publish detailed QC Reports based on all findings.
13. Establish a Critical Path Method (CPM) Construction Schedule. Monitor, update, and report to keep the Project on schedule.
14. Procure all substructure material and structures required for the project and incorporate the costs in the bid item.
15. Identify and forward to APU a list of electrical long lead time items in Excel format and procure any such material, if directed by APU with compensation applicable only if the DBE has not been directed in advance to incorporate such costs in DBE’s Price Proposal.
16. Identify all permit requirements and prepare applications and support documents necessary for obtaining all permits. Permit fees will be borne by the City. Obtain all necessary permits and licenses, including but not limited to, improvement , right-of-way construction, grading, and traffic control permits. DBE shall acknowledge that potholing will require a right -of-way construction permit and traffic control permit, and shall anticipate three (3) months to obtain these respective permits to perform this task.
Construction – Phase II
The selected DBE has the authority to start the submittal process with the City at any time the DBE considers appropriate. The Project manager will review and return a formal response to each submittal within ten (10) working days. After the submittals are approved, the DBE team can order materials and any long lead items needed for the successful completion of this project. The DBE team shall also commit to a final Construction Schedule. The DBE shall construct the Project in accordance with City- approved plans and associated permits and specifications prepared by the DBE to meet or exceed all requirements of the City provided program, schematic design and the performance criteria.
The DBE’s Phase II Services shall include but are not limited to:
1. Execute subcontracts, in DBE's own name, with the bidder best meeting the monetary, time, and performance requirements of the Project in the professional opinion of the DBE.
2. Perform construction management and administration services during the construction of the Project.
3. Be responsible for and coordinate all construction means, methods, techniques, sequences, and procedures.
4. Coordinate scheduling of bid packages, submittals, and all design and construction of the Project to ensure the efficient and orderly sequence of the construction of the Project. Monitor and report to the City on actual performance compared to the Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 11
Construction Schedule.
5. Conduct weekly project team meetings with the City and appropriate design and construction team members, and provide an agenda a minimum of one (1) day prior to the meeting and meeting minutes within five (5) days after the meeting to the participants during the course of construction to review the status of the Project. Meeting agendas shall include, as a minimum, the number of elapsed days following the NTP, a three (3) week look -ahead schedule, potential and approved delay days, the status of submittals, potential change orders, change orders, permits, current and upcoming weather conditions, the status of potential and actual safety violations, electric service shutdown plans, the status of long lead time items, and other construction period items typically reported during weekly progress meetings.
6. Conduct contractor meetings, as necessary, to provide technical input.
7. Ensure that workmanship and materials provided are in accordance with the Project Specifications and meet or exceed Project quality requirements and construction industry standards for this type of work.
8. Provide list of required shop drawing and product submittals. Review shop-drawing and product submittals for technical and code compliance. Provide copies to the City for review and track the City’s responses in writing and incorporate comments. Each submittal and shop drawing shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Include within each submittal, items such as: catalog cuts, diagrams, test reports, samples, certifications, warranties, and other such required materials. DBE shall have its engineer of record recommend all shop-drawings and product submittals for approval. DBE shall not order or proceed with construction without approval from the engineer of record and the City.
9. Provide engineering, contract administration, and staff, including specialists necessary for the functional, safe, on budget, and on -schedule completion of the Project, starting with the issuance of a NTP from the City and extending through issuance of Not ice of Final Completion.
10. Ensure construction compliance with applicable local, state, and federal codes, building and environmental permit requirements, and construction mitigation documents and enforcement of the Contract Documents. Applicable law includes, but is not limited to, the most current version of the Americans with Disabilities Act (ADA) and Title 24 California Code of Regulations (Building Code) as defined in Section 18910 of California Health and Safety Code. DBE is responsible as an employer and City representative t o comply with all portions of Title 24 and ADA.
11. Maintain a complete and up -to-date set of CDs in the Projects field office at all times during construction which reflect all red-line changes and modifications updated weekly.
At the end of construction, prepare for City a complete set of updated CDs, alo ng with four printed sets, one PDF file, and one electronic AutoCAD set of drawings depicting As- Built conditions for the Project. DBE shall maintain weekly updates of the red-line set of field office or reimburse City to update the CDs using City’s own forces.
12. The DBE shall not schedule cutover to customer’s service cable (services) until the new electrical infrastructure has been energized.
13. Ensure the Project Site is maintained in a clean, neat, sanitary and safe condition free from accumulation of waste materials or rubbish. Prior to Final Completion, DBE shall cause to be removed from and about the Project Site all tools, construction equipment, machinery, surplus materials, waste materials and rubbish.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 12
14. Develop a mutually agreed upon program to abate and minimize noise, dust, and disruption to access for parking and services at all times for adjacent business entities and residences.
15. Provide construction surveying, and other contracted services as required to complete Project’s construction inspection and testing tasks. DBE shall be responsible for contracting for and scheduling specialty inspections to verify compliance with the plans, specifications and contract documents. City staff will perform standard inspections. DBE is responsible for scheduling and coordinating all inspections and paying for all re - inspections. DBE shall coordinate all required inspections in such a manner that the progress of construction is not affected or impacted. Contractor shall provide a shutdown plan and demonstrate that all materials, equipment, and labor are at the Project site and ready for installation a minimum of two (2) hours prior to any customer(s) shutdown.
16. Develop, implement and manage a construction phase Quality Assurance/Quality Control (QA/QC) Plan with appropriate reviews and independent procedures to ensure compliance with the Construction Documents. The Plan shall include but not be limited to: 1) a s tatement and definition of QA/QC goals; 2) an identification of QA/QC criteria and elements; 3) development of the Project QA/QC implementation plan; 4) development of the QA/QC materials, components, equipment and system testing plans; and 5) enforcement of the plans and specifications.
17. Submit the proposed QA/QC Plan to the City for review prior to commencement of construction. The Plan shall not be implemented without written approval of the City.
18. Be responsible for preparing the Critical Path Method (CPM) schedule utilized during the Project construction and startup activities. Use Microsoft Project scheduling software (or similar program to be mutually agreed upon) consistent with the City reporting system.
19. Keep City informed of the progress and quality of the design and construction of the Project.
20. Develop a Project -specific plan for defining, tracking, and reporting cash flow activity requirements and schedule of values, and submit such plan to the City for review and approval prior to implementation.
21. Implement and maintain an internal records management and Document Control System (DCS) as required to support Project operations. Provide City with the DCS on approved software within fourteen (14) working days after receiving Notice to Proceed with Phase III, provide updated versions of the Construction Schedule on a monthly basis, and provide immediate notice of any impact on critical path items.
22. The DBE shall develop an on -site Project Safety Plan. The DBE shall administer and enforce the on-site Project Safety Plan for the Project. The DBE shall monitor safety and health issues relating to their workers at the Project Site. This shall include wor kers in direct employment to the Contractor and workers involved in a subcontracting, equipment supply, or any other project-related oral or written arrangement with the DBE.
23. Administer and enforce the Environmental Mitigation Monitoring and Reporting Plan for the Project, if applicable. The DBE shall report a record of environmental issues to the City in a manner consistent with the City’s reporting system.
24. Pay royalties and license fees, if applicable, relating to the rendering of services and the production of materials for the Project.
25. Accidents, claims, and other on-going safety related issues shall be reported to the City in a timely manner.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 13
26. Give all notices and comply with laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project.
27. Unless the DBE receives the City’s prior approval to substitute equal or better quality materials, the DBE warrants to City that material and equipment incorporated in the Project will be new, unless otherwise specified, and that the Project will be of goo d quality, free from faults and defects, and in strict conformance with the Construction Documents and the Design-Build contract.
28. Notify City in writing when DBE believes that the Project has achieved Substantial Completion, participate with City in inspecting the completed construction, prepare punch list, and cause the punch list items to be performed and/or corrected in accordance with the Construction Documents.
29. Notify City in writing when DBE believes that the Project has achieved Significant Completion and Final Completion. Assemble and deliver to City upon Final Completion all records, documents, warranties, bonds, guarantees, maintenance and service contracts, and maintenance and operating manuals. Assist during final acceptance process by furnishing final walk - through(s) and comments. A Final completion memo can only be accepted once all facilities have been installed as designed, tested (pressure tested and bacteriologically tested and in full operational condition.
30. Administer and coordinate the Project contract closeout process and resolve any warranty provision issues. The DBE shall report progress of Project contract closeout to the City in a manner consistent with the City’s reporting system.
31. The DBE shall have all closeout documentation completed, QA/QC and Submitted to the city project manager within fifteen (15) working days of the Final Completion Notice.
Other Services
Inspection
It shall be the responsibility of the DBE to call for, coordinate, and schedule all Project inspections by the City. Any required special inspections shall be the responsibility of the DBE.
The City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access to the Project site at reasonable times for this observation, inspection, and testing. The DBE shall provide them proper and safe conditions for such access and advise them of DBE’s safety procedures and programs for compliance. Contractor shall not bury any pipelines without prior inspection
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 1 14
This page is intentionally left blank.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 2 1
Appendix 2: Reference Documents
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 2 2
This page intentionally left blank.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 2 3
Appendix 2. Reference Documents
2.1 Purpose
This Appendix lists reports and other documents made available to the Design Build Entity (DBE).
Listed documents are provided via a Document Library hosted by the City of Anaheim. Unless otherwise indicated, summaries of the listed documents included in other appendices to the Design Build Agreement are provided for general information purposes only. The DBE shall be responsible for verifying summary information against the listed reports and documents.
2.2 Documents Made Available to DBE
Documents listed below are made available to the DBE, unless otherwise noted.
Reference Document List
Document Name Author/Organization Date Notes
Standard Specification Supplement,
Public Works Department City of Anaheim July 2015 Hyperlinked Water Services Standard Specifications
July 2021 City of Anaheim July 2021 Hyperlinked
Water Quality Management Plan
Procedures City of Anaheim January 2006 Hyperlinked
Anaheim Municipal Code City of Anaheim January 2024 Hyperlinked Standard Specifications for Public Works
Construction (not in Project Library. DBE
can purchase separately)
Greenbookspecs.org 2018
Anaheim CAD Standards City of Anaheim 2021 To Be Provided after award
Public Works Standard Details City of Anaheim November 2023 Hyperlinked
As-builts, City Deeds, Electric Circuit and
Inventory Maps, and Record Drawings City of Anaheim To Be Provided after award
APU’s Construction Standards Book City of Anaheim 2022 Hyperlinked Utility Civil Basemaps City of Anaheim 2023 To Be Provided after award
Sample Design and Construction Plans
for similar projects City of Anaheim See Appendix 10
2.3 Proposer Reliance on City Provided Documents
Except for the items listed below, the documents listed in the Reference Documents List Table are provided for general information only and may not be relied upon as the basis for DBE’s design.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 2 4
The documents listed below can be relied upon by the DBE in developing its design; however, such reliance is limited to those aspects expressly identified below:
Standards: The DBE may rely upon the Anaheim standards and specifications provided. The DBE’s design shall also comply with the requirements of other applicable codes, standards, and guidelines.
Record Documents: Record drawings and specifications may be relied upon for establishing the presence and location of inaccessible infrastructure i.e., if verification of the infrastructure would require digging or potholing to uncover). Where conflicts exist between record documents for inaccessible infrastructure, the DBE shall rely upon the most recent record documents and field verify to confirm existing conditions.
Site Plot Plan, Topo Plan and Utility Records shown therein: The DBE may rely upon the provided drawings that include topographic information, utility locations and record drawings understanding that these drawings reflect existing site conditions. However, it is the responsibility of the DBE to validate present site conditions and include those conditions into their design solution.
Geotechnical Information: APU will not provide any geotechnical investigations for this project. It will be the DBE's responsibility to prepare any required geotechnical reports related to the Project after award, including up to two soil testing per site during construction or potholing procedures. At a minimum, APU requires the following information: 1) compaction and backfill recommendations for native soil. The DBE shall include in their schedule and base price, a minimum of two (2) City reviews. Soil conditions are unknown for all project sites. However, for the purpose of this proposal, DBE shall assume the following:
o Soil conditions are a rocky type Clay in the hill areas everything east of the 55 highway; and sandy soil/sugar sand in the flat lands everything west of the 55 highway. o Native backfill is allowed will be used in trench zones and shall meet PW and APU compaction requirements. Allowances will be authorized at the discretion of APU. For example, APU , at its own discretion, may choose to use the allowance for slurry in lieu of native backfill for portions of the project. If native backfill material is unusable (typical in the Anaheim Hills area) and compaction requirements are not met per City standards, the DBE shall supplement with additional base material as directed by the PW Inspector to reach the required compaction level. All related costs associated with providing additional base material shall be included in the proposal. o Existing asphalt is 8-inches of AC over 6-inches of crushed aggregate base.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 3 1
Appendix 3: Minimum Technical Requirements
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 3 2
This page intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 3 3
Appendix 3. Minimum Technical Requirements
3.1 Purpose and Applicability
3.1.1 Purpose
These Minimum Technical Requirements establish certain minimum standards and requirements for the Project. However, they are not intended to be all inclusive of the design requirements. Nothing in these Minimum Technical Requirements relieves the DBE of its obligation to meet the project goals and requirements identified in the Basis of Design (BOD). Further, if the Design Build Entity (DBE) believes any of the Minimum Technical Requirement’s conflict with or will make it impossible to meet any of the requirements prescribed in the BOD, the DBE shall promptly notify the City of Anaheim (COA) of such a conflict and shall propose a modification to the Minimum Technical Requirements.
3.2 Codes, Standards and Guidelines
Except where more stringent requirements are identified, the DBE shall design the Project in accordance with the most recent edition of the following applicable codes, standards, and guidelines. Where codes, standards, or guidelines conflict, each shall be applied consistently, and the code, standard, or guideline resulting in the most conservative design shall govern. Codes, standards, and guidelines include, but are not limited to, the following:
1. American Association of State Highway Transportation Officials (AASHTO)
2. American Water Works Association Standards (AWWA)
3. American Water Works Association Manuals of Practice
4. Anaheim Building Codes
5. Americans with Disabilities Act (ADA)
6. American Concrete Institute (ACI)
7. American Institute of Steel Construction (AISC)
8. American Iron and Steel Institute (AISI)
9. American National Standards Institute (ANSI)
a. ANSI/BHMA A156.13 for exterior/interior door locksets
10. American Society of Safety Professionals (ASSP)
11. American Society of Civil Engineers (ASCE)
12. American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)
13. American Society of Mechanical Engineers (ASME)
14. American Society for Testing and Materials Standards (ASTM) a. ASME Section VIII, NSF 61 for cartridge filters
b. ASME Section VIII for carbon steel vessels
15. American Welding Society (AWS)
16. California Building Code
17. California Fire Code
18. California Plumbing Code
19. California Division of Occupational Safety and Health (DOSH or CalOSHA)
20. California Energy Code (CCR, Title 24, Part 6)
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 3 4
21. Environmental Protection Agency (EPA)
22. Hydraulic Institute (HI)
23. Illuminating Engineering Society of North America (IESNA)
24. Institute of Electrical and Electronic Engineers (IEEE)
25. International Electrical Testing Association (NETA)
26. International Society of Automation (ISA)
27. International Association of Plumbing and Mechanical Officials (IAPMO)
28. Manufacturers Standardization Society (MSS)
29. Masonry Institute of America (MIA)
30. National Sanitation Foundation International (NSF) (formerly National Sanitation Foundation)
31. National Electrical Code (NEC).
32. National Association of Corrosion Engineers (NACE)
33. National Electric Manufacturers Association (NEMA)
34. National Fire Protection Association (NFPA)
35. Occupational Health and Safety Administration (OSHA)
36. Pipe Fabrication Institute (PFI)
37. Portland Cement Association (PCA)
38. Precast/Prestressed Concrete Institute (PCI)
39. Steel Deck Institute (SDI)
40. Safety Equipment Institute (SEI)
41. Steel Structures Painting Council (SSPC)
42. The Masonry Society (TMS)
a. TMS 402/602 Building Code Requirements and Specification for Masonry Structures
43. Underwriters Laboratory (UL)
44. U.S. Occupational Health and Safety Administration Standards—29 CFR
45. Anaheim Fire & Rescue Requirements for:
a. Hazardous Fire Zones if determined by Anaheim Fire Prevention based on geographical location
b. Underground piping for private hydrant on site and sprinkler supply lines c. Fire extinguishing systems
d. New and existing fire alarm systems (smoke and CO detector, strobes, and horns) e. Smoke control systems
f. Fire Master Plans - Guidelines for Emergency Access
46. City of Anaheim Code as related to Planned Communities as applicable
47. City of Anaheim Electrical Construction Standards
48. City of Anaheim Traffic Engineering Regulations
49. Electric and Magnetic Fields Standards, if applicable
50. Green Book Specifications for Public Works
51. Regional Water Quality Control Board (RWQCB) and California Drainage Area Management Plan (DAMP), as applicable
52. City of Anaheim Survey Standards:
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 3 5
a. Horizontal Datum: Coordinates shall be in U.S. Survey Feet in terms of the California State Plane Coordinate System, Zone VI, NAD 83 (OCS 20017.50 Epoch). b. Vertical Datum: Elevations shall be in U.S. Survey Feet in terms of the North American Datum of 1988 (NAVD 88), using a local City of Anaheim Benchmark, or an Orange County Surveyor Benchmark.
c. Accuracy:
1) Horizontal – Second Order, Class II (1: 20,000) minimum. 2) Vertical – Second Order, Class II (e = 0.035√M) minimum, 3) Where, e is the allowable error (in feet), and M is the length of the level loop (in miles).
3.3 General Project Objectives
The DBE shall design and construct the Project in compliance with all applicable laws, standards, regulations, environmental requirements, and permit conditions to meet the following general objectives:
3.3.1 Duct bank and Electrical Facilities Layout
• Electrical Facilities and duct bank layout shall be designed to provide for efficient and safe access, traffic, and pedestrian circulation.
• Electrical Facilities shall be sited in compliance with utility clearance and setback requirements and other requirements of easements and permit conditions.
3.3.2 Drainage and Erosion Control
Construction site shall conform to their respective Water Quality Management Plan runoff requirements.
Best Management Practices (BMPs) shall be incorporated into the design and may include, but are not limited to, permeable pavement, bioretention without underdrain using planting, and grated trenches with flows to a sump and dry garden.
3.3.3 Site Height, Setback and Facility Operations Noise Restrictions The DBE shall refer to Title 18, Zoning, of the Anaheim Municipal Code for setback requirements, and landscaping and screening requirements.
Project shall include a setback distance per Title 18 requirements. Construction equipment will need to maintain safe distance from the energized power lines per OSHA and APU. All permanent structures shall follow the minimum horizontal and vertical clearances required by OSHA and APU.
The DBE shall provide all equipment, in compliance with City of Anaheim Municipal Code noise limitation requirements at all property boundaries, when operating in all modes. The DBE shall refer to the noise ordinance restrictions as described in the Anaheim Municipal Code Chapter 6.70 Sound Pressure Levels. The Anaheim Municipal Code is listed in Appendix 2.
3.3.4 Site Demolition
The DBE will demolish and remove existing concrete, asphalt, hardscape, landscape, and other surface materials required to install new underground facilities and subsurface improvements. The DBE shall be responsible for removing excess soil stockpiles from the construction sites. The DBE shall comply with Environmental Protections for all stockpiles.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 3 6
3.4 Utility Service
The DBE shall provide the following utility service:
• Install new underground electrical facilities and abandon existing direct buried cable facilities in place.
• Cutover and reconnect existing electrical power service for existing and new facilities. • Protect existing Water, Sewer, Storm Drain, Gas, Telecommunication and other facilities in place.
3.5 Other Design Requirements
3.5.1 Landscape and Surface Improvement and Site Restoration The DBE shall restore landscaping and perform surface improvements impacted by the construction and as required by City of Anaheim permits and the BOD.
The DBE shall restore all surfaces and facilities on the site to pre-construction conditions, unless specified otherwise in the Appendices, if disturbed during construction.
3.5.2 CEQA Mitigation Requirements
A Notice of Exemption will be filed for this project listing that the Project will be CEQA exempt. The DBE shall be responsible for compliance with those CEQA mitigation measures identified in the Mitigation Monitoring and Reporting Plan related to design and construction and will provide APU with supporting information as needed for APU to verify compliance.
3.5.3 Engineering Studies, Reports and Calculations
All engineering drawings, calculations, specifications, and reports submitted as final and issued for construction shall be stamped by a Registered Professional Engineer in the State of California appropriate for the discipline information presented. Design submittal shall provide an underlying code basis for design.
3.5.3.1 Geotechnical Evaluation Report
The DBE shall provide any additional geotechnical investigations necessary for the Project.
Geotechnical recommendations necessary to support the DBE design, based on the Geotechnical Data Reports provided in Appendix 2 and any additional investigations performed by the DBE, shall be the responsibility of the DBE. The DBE shall submit a copy of the geotechnical report (including design recommendations) to COA for review, prior to starting any subsequent related field work.
3.5.3.2 Potholing and Ground Penetrating Radar Reports
The DBE shall provide all pothole and Ground Penetrating Radar (GPR) investigations and subsequent underground work recommendations necessary to support the DBE design. The DBE shall submit a copy of the pothole and GPR results and report (including any design recommendations) to COA for review, prior to starting any subsequent related field work.
3.5.3.3 All Other Studies to Support Engineering Design The DBE shall provide any other studies, reports, and recommendations necessary to support the DBE design. The DBE shall submit a copy of any other studies, reports, and recommendations necessary to COA for review, prior to starting any subsequent related field work.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 3 7
3.5.4 Design Quality Assurance/Quality Control Plan
The DBE shall comply with General Conditions for a Quality Assurance/Quality Control Plan. The DBE shall be responsible for the technical adequacy and quality control of its Work.
3.6 Construction Requirements
3.6.1 General
The construction shall be performed in professional and workmanlike manner and in a neat and clean work area. Daily trash and debris cleanup shall be performed. All materials and equipment shall be stored such that they are not damaged or degraded by weather and environmental conditions they are exposed to at each Site. Contractor personnel shall follow City noise ordinances for all vocal communication and personal electronic device sound levels.
3.6.2 Limits of Construction, Site Access, Security, and Allowable Hours of Construction
3.6.2.1 Construction Quality Assurance/Quality Control Plan The DBE shall comply with General Conditions for a Quality Assurance/Quality Control Plan (QA/QC Plan). The QA/QC Plan shall include construction quality measures to address construction quality and provide these measures in separate QA/QC Plan sections, not co-mingled with design quality measures.
3.6.2.2 Construction Surveys/Limits of Construction
The DBE shall perform all work and services necessary for or incidental to the performance and completion of survey work necessary for construction. This work shall include but is not limited to:
surveys needed to establish and maintain benchmarks, to establish the limits of construction to establish setbacks (buffers) as applicable, to establish stationing and northings and eastings for equipment, piping, and appurtenances, and to make measurements to verify the location of completed construction. Survey of all underground piping termination points, angle points and connection locations not located as shown on the Approved for Construction drawings shall be provided before backfilling.
The DBE shall adhere to the limits of construction and shall provide adequate worker training, flagging, staking, and monitoring to assure that the limits of construction are observed in the field.
3.6.2.3 Site Access
The DBE shall submit a Construction Access and Traffic Control Plan for review and approval.
3.6.2.4 Site Safety and Security
The DBE shall comply with General Conditions for Protection of the Construction Site. The DBE shall be always responsible for Project Site safety and security from Notice to Proceed to Final Completion.
3.6.2.5 Allowable Days and Hours of Construction
Unless otherwise approved by COA, construction activities, including construction traffic to and from the project site shall only occur from 8:30 am to 3:30 pm, Monday through Friday and in compliance with any time restrictions imposed by ordinance or permit.
3.6.3 Site Environmental Protections
The DBE shall provide and maintain the following Site environmental protections for the duration of the Project.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 3 8
3.6.3.1 Construction Water, Temporary Drainage, Erosion and Sedimentation Control The DBE shall comply with General Conditions for Water Pollution Prevention and Best Management Practices (BMP’s).
The DBE shall provide for the infiltration, detention, treatment, and discharge of all water generated during construction. Construction water will include surface water runoff, and water removed from excavated areas (construction dewatering). The DBE shall plan and schedule its construction activities to reduce the amount of construction water to be managed in each period.
The DBE shall reduce water quality impacts associated with construction waters by minimizing facility footprints, locating spoil sites in designated locations, constructing modifications in the dry season if feasible, using sheet piling to limit excavation areas, seeding, or covering soil stockpile areas, and other measures to control erosion and sedimentation.
The DBE shall conform to the requirements of all construction permit requirements related to erosion and sediment control and control of construction water. The DBE shall consider the effects of impervious temporary cover when sizing temporary stormwater detention facilities and shall calculate capacities required during construction separately from long-term stormwater management requirements.
Temporary erosion control and protection measures shall be always in place and shall be inspected prior to and throughout construction.
3.6.3.2 Spill Prevention and Cleanup
The DBE shall comply with General Conditions for Clean Premises.
The DBE shall handle all petroleum and chemical products and provide suitable measures for the prevention and control of spills. All land and water petroleum/chemical spills shall be rectified immediately.
3.6.3.3 Dust, Smoke and Air Pollution Control
The DBE shall comply with General Conditions for Dust and Smoke Control and Air Pollution.
The DBE shall always keep the site free of rubbish. Burning is not allowed for any reason.
3.6.3.4 Noise Control
The DBE shall comply with General Conditions for Noise Control.
The DBE shall comply with all applicable noise regulations. Equipment shall include noise mitigation features, if available as options for sale. The DBE shall train all employees and subcontractors on applicable noise control requirements including applicable noise limits, disallowed activities, use of portable noise barriers, and techniques for reducing construction noise.
The DBE shall follow City of Anaheim normal work hours per Anaheim Municipal Code Chapter 6.70 Sound Pressure Levels. For impact generating equipment, work hours shall be further restricted to start no earlier than 9:00 a.m. and finish no later than 4:00 p.m., Monday through Friday. Any work in street right-of-way shall be further restricted from 8:30 a.m. to 3:30 p.m. Work is not permitted on City holidays.
3.6.4 Other Requirements
3.6.4.1 Field Offices
The DBE shall comply with General Conditions for Sanitary Facilities.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 3 9
The need for a field office at the project site shall be determined by the DBE. The DBE shall be responsible for providing all temporary utility potable water, power, telephone, and data communications (internet), service. The DBE trailer shall also include at least one space designated for COA’s Construction/Project Manager. The DBE shall be responsible to provide any security service. Any trailers provided shall meet current California Building and Fire codes for temporary structures, and any City of Anaheim Municipal Codes for Building and Fire. All field offices, utilities, and security shall be provided as part of the Design-Build Price. The DBE shall coordinate with COA for the location of the trailer.
3.6.4.2 Temporary Utilities
The DBE shall provide all temporary utilities required to support construction. The DBE shall be solely responsible for payment of any temporary utilities to support construction.
3.6.4.3 Site Cleanup and Maintenance
The DBE shall comply with General Conditions for Clean Premises.
Through all phases of construction, including suspension of Work and until Final Completion of the Work by COA, the DBE shall keep the worksite and other areas used by it in a neat and clean condition, and free from any accumulation of rubbish and debris. The DBE shall dispose of all rubbish and waste materials of any nature and shall establish regular intervals of collection and disposal of such materials and waste. The DBE shall also keep its haul roads free from dirt, rubbish, and unnecessary obstructions resulting from its operations. Care shall be taken to prevent spillage and/or tracking of soils off site. Any such spillage shall be immediately contained and removed, and the area cleaned.
Equipment and material storage shall be confined to areas accepted by the COA. Disposal of all rubbish and surplus materials shall be off the Site, at the DBE’S expense, all in accordance with local, state, and federal codes and ordinances governing locations and methods of disposal, and in conformance with all applicable safety laws, and the requirements of the Code of Federal Regulations, Title 29, Part 1910, U.S. Occupational Safety and Health Standards (OSHA), and Part 1926, U.S. Safety and Health Regulations for Construction (OSHA).
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 3 10
This page is intentionally left blank.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4: Submittals, Review Procedures, and
Workshops
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 2
This page intentionally left blank.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 3
Appendix 4. Submittals, Review Procedures, and Workshops
4.1 Purpose
The purpose of this appendix is to describe the City’s overall intent with respect to its review of various Project documents and submittals from the Design-Build Entity (DBE) through all phases of the Project. In general, the primary focus of COA’s review is to assure that: 1) Project documents conform to the requirements of the DB Agreement and Appendices (including consistency with the technical concept proposed by the selected DBE); and 2) the Project meets COA's expectations for performance and quality.
4.2 DBE and City Obligations
The DBE shall provide required Project documents and submittals for COA review consistent with the DBE’s approved submittal protocol, and with the baseline schedule. Should a submittal to COA be delayed beyond the dates shown on the applicable baseline schedule, the DBE shall promptly notify COA’s Representative of such a delay. In no case shall this notice be given less than 14 calendar days prior to the scheduled submittal date, and in no case, shall this relieve the DBE of its obligation to meet the minimum required submittal times set forth in this Appendix.
COA will provide timely review and comment on all required submittals. Unless otherwise specified or waived by the COA during the Project. COA will review all submittals and return consolidated comments to the DBE no more than 14 calendar days of receiving a submittal.
4.2.1 Web-Based Electronic Document Management System
The DBE shall utilize an electronic document control system for submission of all data and documents throughout the duration of the Contract. The Electronic document control system shall be made available by the DBE and to COA, COA’s Representatives, and Construction Manager . The city
utilizes Microsoft Teams, and the DBE is expected purchase the system and make it available to the city and the Construction Manager at no additional cost.
The joint use of this system is to facilitate electronic exchange of information, automation of key processes, and overall management of Contract Documentation.
DBE will arrange sessions of web-based training on the electronic document control system.
The DBE shall utilize the web-based document management system for all submittals, RFI’s, inspection requests, financial submittals, and any other official correspondence (i.e., daily reports, meeting agendas and minutes, all correspondence, and submittals).
Project Management Submittals
4.2.2 Communications Plan
The DBE shall submit its draft communications plan for COA review no more than 14 calendar days following Notice to Proceed (NTP). The communications plan, at a minimum, shall address the following:
• Organization of DBE’s Project team including names, roles, and contact information • Organization of COA’s Project team including names, roles, and contact information • Protocols for team communication and documentation of Project communication Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 4
COA will provide any comments to the DBE and the DBE shall finalize the communications plan. The DBE shall update the communications plan whenever material changes to the team, roles, contact information, or communication protocols occur.
4.2.3 Schedules
The DBE shall submit schedules as required.
4.2.4 Schedule of Values
The DBE shall submit the Schedule of Values required by the Agreement.
4.3 Permits/Approvals Submittals and Reviews
The DBE shall submit its draft and final permitting plans consistent with the permitting responsibilities set forth in the Appendices. The DBE’s permitting plan shall identify all required permits and approvals, associated technical or field studies, submittal dates to COA, submittal dates to the permitting or approving entity, anticipated date for receiving the permit or approval, contact information, and linked permits.
The DBE shall submit drafts of all permit/approval applications for which the DBE is responsible to COA for review and comment. COA will review such draft applications for the accuracy of information related to COA or to previous work conducted by COA. If COA signatures are required for application, the DBE shall submit the final application (or revised application if requested by the entity issuing the permit or approval) to COA for required signatures.
4.4 Design Submittals and Reviews
4.4.1 Design Review Intent
In accordance with the terms and conditions of the Design-Build Agreement, COA will review the Project design for consistency with the Contract Documents, The DBE shall collaboratively solicit COA’s input to the design development process on a regular basis, including during design progress meetings and in relation to the design submittal packages.
4.4.2 Engineering Studies, Reports and Calculations
Unless required as part of the 75 percent or 90 percent design submittals, the DBE shall submit those engineering studies, reports, and calculations.
4.4.3 Concurrent/Phased Design and Construction
COA recognizes that the DBE may elect to proceed with certain construction activities prior to completing design, provided that the DBE has obtained the appropriate permits and approvals to do so.
The DBE shall, as part of its 75 percent design package, include a Preliminary Design and Construction Phasing and Work Sequencing Plan that describes the DBE’s proposed approach to concurrent design and construction. At a minimum, the phasing plan shall describe the approach to executing each of the major areas of work.
Major work areas to be described in the Preliminary Design and Construction Phasing and Work Sequencing Plan shall include:
• Site Security
• Demolition
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 5
• Site grading and drainage improvements
• Access improvements
• Excavation and foundations
• Excavation of buried utilities
• Pipelines and appurtenances
• Electrical facilities
• Site restoration and other improvements
As part of its 90 percent design package, the DBE shall submit a final Design and Construction Phasing and Work Sequencing Plan showing any additional phasing of design and construction work since submittal of its preliminary plan.
In the event the DBE intends to implement concurrent design and construction, the procedures for design reviews shall be followed for each “issued for construction” design package.
4.4.4 Design Review Comments, Resolution and Related Workshops
4.4.4.1 General
COA’s review comments will consist of a single set of "red-lined" documents (reports, plans, specifications, drawings, draft permit applications, and where appropriate calculations), plus an executable tabular comment and response log COA comments will be unless a different coding system is agreed to by the COA and the DBE. The coding system is intended only for use by COA, as Project owner, in commenting on submittals from the DBE and does not apply to permit application reviews by other City of Anaheim agencies.
Comment Review Codes
Code Description
A
Design element is a material change from the Project described in DBE’s Proposal and incorporated into the Appendices to the DB Agreement. COA approval of the change, or modification and resubmittal is required by the DBE.
B
Design element is inconsistent with Basis of Design, Minimum Technical Requirements and/or other requirements of the DBE Agreement or appendices. Make correction or arrange for further discussion with COA.
C Provide additional information as requested in the next submittal of this document or indicate another document where the requested information will be provided.
D Make correction noted in the next submittal of this document or provide explanation (for approval by COA) as to why this correction cannot or should not be made.
E General comment, provide a response.
F General comment, no response necessary.
Following receipt of comments, the DBE shall respond to each comment on the comment/response log, and return the completed log to COA, along with the revised or final plan, report, or design document. The DBE shall respond to COA’s comments in writing.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 6
4.4.4.2 Design, Construction and O&M Review Workshops
For major design documents (i.e., Preliminary Design Report (PDR), 75 percent design, 90 percent design, “issued for construction” design package), the DBE shall schedule full-day workshops with COA to be held no later than five business days after providing each major design submittal document to COA for review. These workshops are intended to provide COA staff with an overview of the submitted documents and major aspects of the design to help facilitate COA’s review. The DBE shall also hold workshops to discuss COA comments no later than five business days following receipt of COA comments on the submittal. The intent of this second set of workshops is to clarify the intent of COA comments. The DBE shall hold these workshops at COA's offices or virtually, as determined by COA. Assume two half-day workshops (first to describe submitted documents; second to discuss COA comments) for each major design submittal package. If design submittal packages are submitted separately for each Project Site, assume two half-day workshops for each Project Site.
In addition to the major design submittal workshops, the DBE shall conduct workshops to collaborate with the City to include but not limited to:
1) Proposal design review
2) Risk management and mitigation
3) Construction sequencing/planning
4) Construction kickoff
5) O&M manual
6) Commissioning
The allocation of time between these topics shall be cooperatively decided between COA and the DBE.
No later than five business days following the workshops, the DBE shall submit draft minutes to COA for review and confirmation. COA shall comment on the draft minutes no later than five business days after receipt. The DBE shall prepare and distribute final minutes addressing the comments made by COA. Any design issues that cannot be resolved in the normal course of this process shall be resolved in one or more special design review meetings to be held at COA's offices or virtually, as determined by COA.
4.4.5 Design Submittal Protocol
The DBE shall submit a Design Submittal Protocol to COA. The Protocol shall identify:
• Each design submittal.
• The reports, calculations, other documents, drawings, and specifications to be included within each design submittal.
• The planned submittal dates for each design submittal (a one-week window of time may be indicated).
• Frequency and expected dates for design review meetings (a one-week window of time may be indicated).
The DBE may revise the Protocol from time to time; however, the original and revised Protocols shall conform to the “no later than” timeframes set herein. If the DBE wishes to deviate from those timeframes, COA concurrence shall be required.
COA’s preliminary identification of the contents of the major design submittal packages to be identified in the Design Submittal Protocol. If concurrent design and construction is proposed, submittals may be provided for each construction package. The DBE also may elect to provide Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 7
required documents in earlier submittal packages, at its discretion, and may be required to develop additional design packages to support permitting applications.
Major Design Submittal Packages
Submittal Package Minimum Contents
Preliminary Design Report
• Design Criteria
• Underlying code basis for design (all codes)
• Conceptual drawings/layouts
Approximately 75% Design
• Design Drawings
• Preliminary substructure and conduit plans for the respective segments, o Inclusive of the conduit alignment, electrical equipment, vaults, pull boxes, callouts, conduit end wall drawings, and layout of electrical, streetlight, and any and all related items as required. A civil utility base map in AutoCAD format has been prepared by City civil consultant and will be provided for substructure and conduit design. Construction plans shall be submitted for review on 24” x 36” sheets on a 1” = 40’ scale for plan view. Identify easement locations. DBE shall refer to City’s construction standards for details on types and installation of substructures including curve radius data and foreign (existing and new) utility crossing elevations.
o Show the easement location and size on the substructure drawing. DBE shall prepare and maintain a spreadsheet of easement and Right-of-Entry requirements with pertinent status information for this project. Consultant shall obtain easements for pad-mount equipment, including switches
and transformers. Meet with customers as necessary to
determine design locations for electrical equipment or to address easement concerns.
• Preliminary electrical single line design showing existing and proposed. o DBE shall coordinate and confer with other groups within the City’s Electric Utility, including Protection/Automation, Communications, Operations, Electric Field, System
Planning, and System Expansion. Consultant shall track and incorporate any comments into the design prior to the next submittal.
o DBE shall review the City’s construction standards, inventory maps, circuit maps, and customer load data to develop
optimized single-line diagrams. Single-line drawings shall include, but not limited to, circuit information, riser designations, conductor sizes, switch positions, protection coordination, fault indicators, automation provisions, and transformer voltage class and sizing.
o Designs shall comply with City Standards; General Orders 95 and 128 for overhead and underground construction,
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 8
Major Design Submittal Packages
Submittal Package Minimum Contents
respectively; and all other applicable standards, regulations, and practices; and as directed by the City.
o The City’s circuit and inventory maps will be provided to the DBE. However, field verification of existing facilities is required to ensure an accurate design.
• Submit plans for permit review through PW Go-Post online portal. • Preliminary Design and Construction Phasing and Work Sequencing Plan
Approximately 90% Design
• Updated Design Drawings based on plan review comments • Prepare Project Construction Specifications
• Preliminary Material and Equipment Lists
o DBE shall prepare a long lead materials list showing the types and footages for primary cables with cut reel lengths, based on substructure spacing and cable make-up
requirements; additionally, DBE shall provide types and quantities of pad-mount and/or subsurface equipment. Any adjustments to long lead materials must be proactively
called out to the City’s attention in order to have the appropriate lead time prior to construction.
• Finalize Design and Construction Phasing and Work Sequencing Plan • Draft reports, calculations, or other information as required. • Submit updated design plans for permit review through PW Go-Post online portal.
Issued for Construction
Design Submittal (95-
100% design)
• Final Drawings marked “Issued For Construction” and stamped by a Professional Electrical Engineer once approved by PW Permit:
• Final Specifications
• Final reports, calculations, or other information required for permitting. • Final easement and right-of-entry acquisitions.
4.5 Construction Submittals and Reviews
4.5.1 Construction Review Intent and COA Access to Project Site COA will review construction activities to verify compliance with the intent of the Design-Build Agreement and Appendices and with the DBE’s plans and specifications. In addition, COA will review construction activities to verify progress payments.
COA and its designated representatives shall have complete access to the sites. It is expected that COA will have onsite representatives throughout construction, including throughout startup and commissioning and verification of Final Completion.
The DBE shall be required to provide quality control, inspection, testing, daily reports, and other related services in support of construction. These self-performed or self-directed services shall be Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 9
independent of any COA provided services. COA will provide construction management, quality assurance and control, and inspection services.
4.5.2 Design Changes during Construction and Authority of the Engineer-of-Record Redesign work or changes following initiation of construction shall be issued under a Design Change Notice (DCN) or similar process that accurately tracks and documents changes to Project design.
Separate DCN logs shall be maintained for design changes related to each construction package.
The DBE shall provide COA with copies of all DCNs providing sufficient time to allow COA review and comment in advance of the affected work. Design clarifications shall be issued in a timely manner using a similar procedure.
Notwithstanding the responsibilities of COA and COA’s Engineer of the DB Agreement and General Conditions, the DBE’s Engineer of Record (EOR) shall be responsible for providing, and is authorized to make, those design changes necessary to complete the Project so that it can fulfill its intended purposes; however, the EOR is not authorized to unilaterally institute changes that result in a deviation from any of the Project requirements established in the Design-Build Agreement and Appendices unless such changes have been reviewed and approved in advance by COA. Further, any design change that would materially increase the Project’s operations and/or maintenance costs shall be reviewed and approved in advance by COA.
4.5.3 Construction Record Documents
As the construction work progresses, the DBE shall maintain a minimum of two duplicate sets of updated Record Documents, as required of the General Conditions. The DBE shall update these sets on a continuous basis and shall never be more than seven calendar days behind the current state of construction. Record Documents sets shall be maintained in sufficiently separate locations with sufficient protection measures to prevent simultaneous damage or destruction.
At a minimum, COA will verify that Record Documents are being kept up to date monthly as part of its process for verifying construction progress and approving payment.
Final Record Documents shall be submitted for COA approval, as a condition of final payment of the General Conditions.
4.6 Submittal Schedule and Review Times
The table below identifies major submittals required by the Appendices including the submittals identified in this Appendix, the required times for providing submittals to COA, and the required times for COA’s review and response. Note that these include times for COA review of draft permit applications but do not specify review times by the permitting agencies. The DBE shall consult with permitting agencies to establish review times within the DBE’s Permit Acquisition Plan and Schedule.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 10
Required Submittals [Days are calendar days unless otherwise indicated] Submittal Submittal to COA (1) Required Number of Copies Comments from COA (1) Reference Preliminary Submittals
Project Communication
Plan 10 days from Notice to Proceed
2 hard copies
One executable electronic copy
One PDF
5 business days after
date of receipt
Comments to be discussed
during the Initial Conference
required under the DB
Agreement
Schedule of Values 10 days from Notice to Proceed
2 hard copies
One executable electronic copy
One PDF
5 business days after
date of receipt
DB Agreement
Comments to be discussed
during the Initial Conference
and during the Preliminary
Submittal Conference
Design Submittal
Protocol 14 days from Notice to Proceed
2 hard copies
One executable electronic copy
One PDF
5 business days after
date of receipt
Comments to be discussed
during Preliminary Submittal
Conference
Detailed Resource-
Loaded Baseline
Schedule
10 days prior to the start of
construction for DBE’s initial
submittal. Expected that
agreement on the Detailed
Resource-Loaded Baseline
Schedule may require several
iterations
2 hard copies
One executable electronic copy
One PDF
10 days after date of
receipt
General Conditions
Comments to be discussed
during Preliminary Submittal
Conference
Proposed DB Progress
Report Format 10 days from Notice to Proceed
2 hard copies
One executable electronic copy
One PDF
5 business days after
date of receipt
Comments to be discussed
during Preliminary Submittal
Conference
Ongoing Management Submittals (with pay applications)
DB Progress Schedules Monthly with Progress Reports/Pay Applications
2 hard copies
One executable electronic copy
One PDF
14 days after date of
receipt
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 11
Required Submittals [Days are calendar days unless otherwise indicated] Submittal Submittal to COA (1) Required Number of Copies Comments from COA (1) Reference DB Progress Reports
and Pay Applications Monthly
3 hard copies
One executable electronic copy
One PDF
10 days to identify any
problems
30 days for after receipt
of complete and
acceptable pay
application
DB Agreement
General Conditions
Other Management Submittals
Draft Design Quality
Management Plan
including detailed
design and permitting
QC procedures
14 days from Notice to Proceed
2 hard copies
One executable electronic copy
One PDF
14 days after date of
receipt
General Conditions
Comments to be discussed o
be discussed during
Preliminary Submittal
Conference
Final Design Quality
Management Plan
including detailed
design and permitting
QC procedures
14 days after receipt of COA
comments
2 hard copies
One executable electronic copy
One PDF
NA General Conditions
Draft Construction
QA/QC Plan including
detailed construction
QC procedures
including testing
(concrete, earthwork)
90 days prior to the start of
construction
2 hard copies
One executable electronic copy
One PDF
21 days after date of
receipt General Conditions
Final Construction
QA/QC Plan
14 days after receipt of COA
comments
2 hard copies
One executable electronic copy
One PDF
NA General Conditions
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 12
Required Submittals [Days are calendar days unless otherwise indicated] Submittal Submittal to COA (1) Required Number of Copies Comments from COA (1) Reference Permitting, Site Investigations and Design Submittals
Preliminary Permit
Acquisition Plan(s) 30 days from Notice to Proceed
2 hard copies
One executable electronic copy
One PDF
14 days after date of
receipt
Final Permit Acquisition
Plan
14 days from receipt of City
comments
2 hard copies
One executable electronic copy
One PDF
NA
Draft Permit
Applications and
Associated Reports
As indicated in Initial and Detailed
Baseline Schedules
2 hard copies
One executable electronic copy
One PDF
14 days after date of
receipt of each draft
application
Permit Applications for
Signature
As indicated in Detailed Baseline
Schedules
Two copies (one to be retained
by COA)
3 business days after
date of receipt of each
final application
requiring signature
Engineering Studies
and Reports
As indicated in Detailed Baseline
Schedules but no later than 90%
design package
2 hard copies
One executable electronic copy
One PDF
14 days after date of
receipt
Arch flash study, surge
analysis report, geotechnical
evaluation report, and
potholing report
Preliminary Design
Report
As indicated in Baseline Schedule
and Design Submittal Protocol
2 hard copies
One executable electronic copy
One PDF
21 days after receipt
75% Design Package(s)
As indicated in Initial Baseline
Schedule and Design Submittal
Protocol
Responses to COA comments
within 14 days of receipt
2 hard copies including 2 hard
copies of half-size drawings
Also include 2 hard copies of
full-size drawings
One executable electronic copy
via submittal portal
One PDF
21 days after date of
receipt
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 13
Required Submittals [Days are calendar days unless otherwise indicated] Submittal Submittal to COA (1) Required Number of Copies Comments from COA (1) Reference 90% Design Package(s)
As indicated in Initial Baseline
Schedule and Design Submittal
Protocol
Responses to COA comments
within 14 days of receipt
2 hard copies including 2 hard
copies of half-size drawings
Also include 2 hard copies of
full-size drawings
One executable electronic copy
via submittal portal
One PDF
21 days after date of
receipt
“Issued for
Construction” Design
Package(s)
(Approximately 95-
100% design and as
required by entities
issuing
permits/approvals)
As indicated in Initial Baseline
Schedule and Design Submittal
Protocol
Responses to COA comments
within 14 days of receipt
2 hard copies including 2 hard
copies of half-size drawings
Also include 2 hard copies of
full-size drawings
One executable electronic copy
via submittal portal
One PDF
21 days after date of
receipt
Construction and Construction-Related Submittals
Construction surveys of
completed construction
As part of record document
submittal 14 days after date of
receipt
Construction Access
and Traffic Control Plan
(draft)
60 days prior to start of
construction
2 hard copies
One executable electronic copy
One PDF
14 days after date of
receipt
Construction Access
and Traffic Control Plan
(final)
14 days from receipt of comments
2 hard copies
One executable electronic copy
One PDF
NA
Construction Spill
Prevention,
Containment, and
Response Plan (final)
14 days from receipt of comments
2 hard copies
One executable electronic copy
One PDF
NA
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 4 14
Required Submittals [Days are calendar days unless otherwise indicated] Submittal Submittal to COA (1) Required Number of Copies Comments from COA (1) Reference Construction Record
Documents Condition of Final Completion
2 hard copies
One executable electronic copy
One PDF
Approval Required
Startup and Commissioning, Training and Operational Planning Submittals Initial draft Startup and
Commissioning Plan
No less than 120 days prior to start
of startup activities
2 hard copies
One executable electronic copy
One PDF
30 days after date of
receipt
Final Draft Startup and
Commissioning Plan for
concurrence
No less than 45 days prior to start
of startup activities
2 hard copies
One executable electronic copy
One PDF
7 days after date of
receipt
Final Startup and
Commissioning Plan
No less than 30 days prior to start
of startup activities
2 hard copies
One executable electronic copy
One PDF
NA
Final O&M Manuals No less than 30 days prior to start
of startup activities
2 hard copies
One executable electronic copy
One PDF
NA
Final Vendor Service
Manuals
30 days prior to start of
commissioning activities
2 hard copies
One executable electronic copy
One PDF
NA
(1) All days are calendar days unless otherwise indicated (2) See table Documents to be included with these submittals. (3) DBE may propose further breakdown 75% package into construction work packages as part of its preliminary Design /Construction Phasing and Work Sequencing Plan.
(4) DBE and may propose further breakdown 90% package into construction work packages as part of its final Design/Construction Phasing and Work Sequencing Plan.
(5) Multiple drafts may be required to obtain COA concurrence.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 5 1
Appendix 5: Permits and Approvals
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 5 2
This page intentionally left blank.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 5 3
Appendix 5. Permits and Approvals
5.1 Purpose
The purpose of this appendix is to define the responsibilities and allocation of risk between the City (COA) and the Design-Build Entity (DBE) regarding obtaining and complying with permits and approvals that are required for the Project.
5.2 Overall Responsibility of the DBE for Obtaining Permits and Approvals
Unless otherwise specified below, the DBE shall act as COA’s agent in obtaining permits and approvals and shall be responsible for obtaining all permits and approvals necessary for the design, construction, and operation of the Project.
In connection with these responsibilities, the DBE shall be responsible for performing all supporting studies, including fieldwork and analyses, and for preparing all required documents, including but not limited to 1) all environmental mitigation and monitoring plans required by Project CEQA documents; 2) all studies required to support permit applications; and 3) all studies and work necessary to comply with permit conditions. The DBE shall comply with the conditions of all permits and approvals, whether obtained by COA or by the DBE. COA will pay all permit and approval fees regardless of whether the permit or approval is obtained by the City or by the DBE through the prescribed Allowance.
5.3 COA Support for DBE’s Permitting Efforts
5.3.1 General
COA will assist the DBE by providing supporting information for permit applications where that information has been developed by or is readily available to COA. COA will also review permit applications, attend pre-application meetings, and permit hearings if any at the request of the DBE.
5.3.2 COA Efforts to Facilitate Required City of Anaheim Approvals Various departments within the City of Anaheim issue permits and approvals that will be required for the construction of the Project. These permits and approvals and the issuing departments are provided. Even though the Project will be owned and is being sponsored by APU, the DBE shall be responsible for obtaining all permits and approvals issued by the Anaheim Department of Public Works, the City of Anaheim Planning Department, and all other departments within the City of Anaheim. The City Representative (Project/Construction Manager) does not have any permitting privileges with other City departments and cannot expedite the permitting process. However, the City Representative (Project/Construction Manager) has taken several steps to facilitate the City permitting and approvals process. This includes holding meetings with the Anaheim Department of Public Works, the City of Anaheim Planning Department, and other departments to discuss the intent of the Project, the overall Design-Build Process, and requirements for application submittals.
5.4 Future Regulatory Changes
The DBE shall be responsible for monitoring the status of regulatory and permit program changes that may affect the development of the Project including but not limited to Project design and performance. The DBE shall promptly notify the City of such changes.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 5 4
5.5 DBE’s Permit Acquisition Plan
The DBE shall submit a Permit Acquisition Plan within 90 days of the NTP.
5.6 Project Permits and Approvals
The Table provided identifies major permits and approvals that will be required for the Project. The DBE shall be responsible for obtaining and maintaining any permits and approvals where the DBE is listed as the “application manager.”
5.7 GoPost and Electronic Plan Review for Public Works Permits For all required permits to be issued by the City of Anaheim Public Works Department, the DBE shall be required to comply with the Public Works Department’s permit application and plan review submittal requirements and procedures. Procedures for permit applications and plan reviews can be found on the City of Anaheim Public Works’ website:
https://www.anaheim.net/5761/Public-Works---Electronic-Plan-Review These requirements include the use of Eplansoft GoPost for the upload of applications and plans:
https://anaheim.eplansoftreview.com/#/login?portal=anaheim The DBE shall be responsible for accounting for intake and review time for all permit applications and plan reviews.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 5 5
Responsibilities for Permits and Approvals
Name of Approval Issuing Entity
Permittee/
Approval Holder
Application
Manager
Responsibility for Obtaining/Supporting
Permit Application Process
CEQA Documents
and
Environmental
Review Process
Anaheim Public
Utilities
Anaheim Public
Utilities
Anaheim Public
Utilities
APU: APU is responsible for preparation of CEQA documents and CEQA compliance requirements.
DBE: The DBE shall be responsible for compliance with those CEQA mitigation measures identified in the Mitigation
Monitoring and Reporting Plan related to design and
construction and will provide APU with supporting information as needed for APU to verify compliance. (Note to DBE: it is anticipated that this project will be CEQA Exempt)
Potholing permit City of Anaheim
Public Works
DBE or DBE
subcontractor
DBE or DBE
subcontractor
APU: APU is responsible for providing guidance and paying any applicable fees due to Public Works.
DBE: The DBE shall be responsible for applying and getting the potholing permit from City of Anaheim Public Works.
Permit requires the following: Locations maps of proposed potholes and detailed description of work to be performed.
DBE is also responsible for providing the proper insurance requirements needed by public works permit counter.
Right-of-way
Construction
permit. (RCP)
City of Anaheim
Public Works DBE DBE
DBE: The DBE shall apply for and obtain the required permit for this Project Site and shall submit all required drawings, specifications, reports and supporting calculations.
APU: APU will provide general support as described in this Appendix.
Storm Water
Master NPDES
California State
Water
Resources
Control Board
Anaheim Public
Utilities/City of
Anaheim Public
Works
APU/City of
Anaheim Public
Works
DBE: The DBE shall comply with City of Anaheim NPDES
permit conditions.
APU: APU will provide general NPDES conditions to DBE.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 5 6
This page intentionally left blank.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 6 1
Appendix 6: Sample Design-Build Agreement
Will be issued via Addendum
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
2 This page intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 7 1
Appendix 7: Sample Design-Build General Conditions
Will be issued via Addendum
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 7 2
`
This page intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 8 1
Appendix 8: Insurance Requirements
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 8 2
This page intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 8 3
MINIMUM INSURANCE REQUIREMENTS
The following supersede all insurance requirements listed elsewhere in the RFP and will be the minimum required insurance the City requires. If there are coverages that are not listed in Appendix 8 but described in other parts of the RFP and or the General Conditions of the Contract, then those coverages are to be provided. The selected Design Builder will be required to furnish all insurance that meets the minimum requirements prescribed in this exhibit as well as any other coverages mentioned elsewhere in the RFP.
The following represents the City's language for the insurance provisions in the Design- Build Agreement and is subject to change. The selected Design-Builder will be required to furnish insurance that meet the minimum requirements prescribed in this exhibit.
A. Design/Builder shall obtain and maintain for the term of the Project, or, with Anaheim’s prior written consent, cause to be obtained and maintained, the following insurance coverage:
1. Workers' Compensation Insurance Coverage in compliance with the Workers' Compensation law of the State of California, extended by the Broad Form All States Endorsement, and, on an if-any-exposure basis, the United States Longshore and Harborworkers’ Coverage Endorsement and the Voluntary Compensation Coverage Endorsement.
2. Employers’ Liability Insurance Coverage subject to the minimum limit of Primary Liability insurance required to support the purchase of the Excess Liability Insurance set forth in subparagraph A.5, but not less than $1,000,000 each accident, and $1,000,000 for illness/disease.
3. Commercial General Liability Coverage written on an occurrence form, covering all premises and operations, including without limitation independent contractors, subcontractors, and products and completed operations, and to be extended by the following endorsements or provisions, as applicable, in an amount not less than $5,000,000 per occurrence, $5,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible or self-insured retention is disclosed to ANAHEIM, in writing, at the inception of the Design-Build Agreement. (This coverage written with a Self-Insured Retention must be submitted for approval by the Risk Manager prior to the inception of the final Agreement.).
a) A Broad Form Comprehensive General Liability Endorsement (including Personal Injury and Blanket Contractual Liability Coverage);
b) An endorsement deleting the Explosion, Collapse and Underground Hazards Exclusion, if any;
c) An endorsement deleting the Employment and Contractual Exclusions with respect to Personal Injury Liability Coverage, if any;
d) If the Insurance is written with a general aggregate, the general aggregate shall be waived, by endorsement, to the extent available in the marketplace at commercially reasonable rates; and
e) If the Insurance is written with a general aggregate, an endorsement stating that the aggregate limits shall apply separately to this Project shall be provided. f) If the Insurance is written with a general aggregate, and if total incurred claims against the Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 8 4
policy exceed 50% of the required aggregate limit, then such situation shall be promptly reported to Anaheim and Design/Builder shall pay to have the required aggregate limit reinstated.
g) The coverage for completed operations shall not have an expiration date.
4. Comprehensive Automobile Liability Insurance Coverage written on an occurrence form, applicable to all owned, hired and non-owned vehicles subject to the minimum Combined Single Limit of Primary Insurance required to support the purchase of the Excess Liability Insurance set forth in subparagraph A.5 but not less than $2,000,000 per occurrence.
5. Excess Liability Insurance Coverage in excess of the Underlying Insurance described in paragraph A.1, A.2, A.3, and A.4 written on an occurrence form. The Limit of Liability shall be in an amount that when combined with the primary insurance in A.1, A.2, A.3, and A.4 will be not less than $5,000,000 per occurrence and, if applicable, an aggregate limit of not less than $5,000,000.
6. Professional Liability (E&O) Insurance covering all acts or omissions of Design/Builder and of Design/Builder’s architects, engineers, geo-techs, or other design professionals, of any tier or level, including any subcontractors or consultants of any tier or level. The applicable limit of liability shall be $4,000,000 and, if written on a claims-made basis, such insurance shall be maintained for no less than five (5) years after substantial completion of the Project.
B. All-Risk Builder’s Risk (Course of Construction) Insurance Coverage in an amount equal to the full cost of the project. Such insurance shall be written on an all-risk form and shall cover, at a minimum: all work, materials, and equipment to be incorporated into the project; all equipment typically covered under a commercial boiler and machinery insurance policy (with no exclusion for start-up or testing risks); the project during construction; the completed project until such time as it is accepted by Anaheim; and storage and transportation risks. Such insurance shall protect/insure the interests of the owner and the contractor, all subcontractors, and any architects or engineers hired by Anaheim to work on the project, as each of their interests may appear. Such protection/insurance shall be by way of a Loss Payable Endorsement, in favor of each party described in this sub-paragraph (I), but the issuance of such endorsement shall not relieve Design/Builder from its obligation to provide insurance protection as required herein. If such insurance includes an exclusion for "design error," such exclusion shall only be for the object or portion which failed. Such insurance shall include, by endorsement (or as otherwise provided for in the policy), an insurer's waiver of subrogation in favor of each protected/insured party thereunder as well as any construction managers or owner’s representatives. Insurance provided under this subparagraph shall be subject to a per-loss deductible not greater than $25,000.
C. Transportation Insurance on all property, goods, materials, and equipment (hereinafter referred to in this subparagraph as “Equipment”) for which Anaheim has an insurable interest, including without limitation Equipment on which Anaheim has paid an advance, made a partial payment, or otherwise spent money, directly or indirectly, on such Equipment, shall be insured against all loss or damage, in an amount equal to the full replacement cost of such Equipment, while in transit, including loading and unloading, from the location of sale (whether it be at the manufacturer, wholesaler, distributor, or other such location) to the Project site. Such Equipment shall be insured through the proper forms of both Ocean Marine/Ocean Cargo Insurance and Inland Marine Insurance, as applicable, and Anaheim shall be named, by endorsement, as a loss payee, as its interests may appear, on such insurance. In addition, such Inland Marine Insurance shall include Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 8 5
an Installation Floated covering all electrical equipment, including without limitation transformers, capacitors, breakers, and switch gear with a per-unit cost of at least $100,000.
D. With respect to the interests of the Additional Insureds or Loss Payees (as hereinafter defined), such insurance shall not be invalidated by any action or inaction of Design/Builder and shall insure such Additional lnsureds or Loss Payees regardless of any breach or violation of any warranty, declaration or condition contained in such insurance by the Design/Builder.
1. Additional Insureds. All insurance policies required pursuant to paragraph 1 of this Exhibit, except the policies in paragraphs A.1, A.6, and B. above, shall, by endorsement, include (i) Anaheim as an additional insured, as follows: “The City of Anaheim, its officers, agents, employees, and representatives are added, jointly and severally, as additional insureds as respects the acts, omissions, operations, and activities of, or on behalf of, the named insured, as respects any products supplied to, or work or services performed for, or related to, the City of Anaheim."; and (ii) any owner's representatives or construction managers hired by, or on behalf of, Anaheim to work on this project (hereinafter the “Additional lnsureds").
2. Special Insurance Provisions. With respect to the insurance specified in paragraph A of this Exhibit:
a) Such 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 prior written notice."
b) The insurers shall ha /e no recourse against the Additional lnsureds or Loss Payees for payment of any insurance premium; however, such Additional Insureds or Loss Payees shall have the option of paying any such premium in order to prevent cancellation of insurance for non-payment of premium.
c) Further, with respect to the insurance referred to in subparagraph A.6, any loss payable shall be adjusted with the Anaheim and, if the Design/Builder is the Named Insured, the Design/Builder and paid to the Design/Builder and Anaheim for the account of all parties as their interests appear.
d) The Design/Builder and any contractors or subcontractors shall evidence compliance with the California Workers’ Compensation Law by supplying the following attested documentation:
(i) A Workers' Compensation certificate prescribed for proof of compliance with the State Workers’ Compensation Law;
(ii) If the Design/Builder or any subcontractor shall claim that it is not required to carry a Workers’ Compensation Policy, a temporary permit shall be obtained by Design/Builder or subcontractor, which shall complete all requisite documentation and send one copy of the same to Anaheim. Design/Builder shall transmit the other copy of the completed documentation to the California Workers' Compensation Board for investigation and a report; and
(iii) If the Design/Builder shall be self-insured for Workers' Compensation, it shall present a certificate of self-insurance from the California Workers’ Compensation Board evidencing that fact to Anaheim.
E. The liability insurance as is afforded by the insurance set forth in subparagraphs A.1 through A.6 shall be primary to, without the right of contribution from, any other insurance or self-insurance carried or maintained by, or available to, an Additional Insured, and Design/Builder shall secure Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 8 6
an endorsement(s) to that affect.
F. Design/Builder shall arrange for certificates of insurance and endorsements (as required) to be issued to Anaheim and each Loss Payee by each insurance company, or their authorized representative, that issues any insurance policy set forth in paragraph 1 (the "Insurers”), evidencing compliance with the coverages, limits, and terms and conditions set forth herein.
G. Design/Builder shall carry the insurance required in this Exhibit with Insurers that (i) are admitted and licensed to do business in California, and (ii) have a Best’s rating of not less than A VII.
H. 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 rea sonable 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 Anaheim shall be fully defended, held harmless, and indemnified against any such claim or other legal action.
I. In addition to other remedies Anaheim may have if Design/Builder fails to provide or maintain any insurance policies or policy endorsements to the extent herein required, ANAHEIM may, at its sole option, order Design/Builder to stop work under this Agreement and/or withhold any payment(s) which become due to Design/Builder hereunder until Design/Builder demonstrates compliance with the requirements hereof. Exercise of this remedy is not the exclusive remedy Anaheim may have for Design/Builder’s failure to maintain insurance or secure appropriate endorsements.
J. Waiver of Subrogation. Design/Builder shall, on its own behalf and on behalf of its insurers, waive any and every claim for recovery from the Additional lnsureds for any and all loss or damage resulting from or arising out of the performance of this Agreement, which loss or damage is covered by insurance policies (or deductibles or self-insurance in lieu thereof). Design/Builder agrees (i) to give to such insurance company which has issued, or may issue in the future, policies of insurance, written notice of the terms of this waiver of subrogation, and (ii) to have said insurance policies properly endorsed, as applicable.
K. Insurance of Other Persons or Firms. In the event Design/Builder hires other persons or firms to perform some of the work related to this Agreement, Design/Builder 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 Design/Builder 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, Design/Builder shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to Anaheim.
L. Carrying of Insurance not Limiting. Nothing herein contained in this Exhibit shall be construed as limiting in any way the extent to which Design/Builder may be held responsible for payments of damages to persons or property resulting from Design/Builder’s, (or Design/Builder's contractors/subcontractor, if any) performance of the work covered under this Agreement.
M. Change in Requirements. Anaheim’s Risk Manager is authorized to reduce the requirements set forth herein in the event she/he determines that such reduction is in Anaheim's best interest.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 8 7
Exhibit RFI-2. 1
Indemnification provision; type of agreement: Standard (professional services)
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 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 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.
The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, CONSULTANT, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
P isi Management — 12/09
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 8 8
This page intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 9 1
Appendix 9: Rules Governing Confidentiality
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 9 2
This page intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 9 3
Rules Governing Confidential One-on-One Meeting(s)
APU will invite Respondents to Confidential One-on-One Meeting(s) to discuss the Project prior to the due date for the technical proposals. The topics discussed in these meetings will remain confidential and will not be disclosed to competing firms. These confidential meeting(s) are not scored or otherwise evaluated as part of the Proposal.
The meeting is for the sole benefit of the Respondent to be able to ask questions and have a dialogue with APU staff regarding the Project and project requirements, thus enabling the Respondent to better prepare its Proposal.
Confidential One-on-One Meetings will be scheduled on the dates shown in the RFP and will be limited to 1.5 hours in duration and no more than five members of the Respondent’s Team.
The purpose of these meetings is to give Respondents an opportunity to provide insight to its respective technical and delivery approaches to ensure compliance with APU’s Project objectives. In addition, each Respondent shall have an opportunity to (a) ask questions of APU to gain a better understanding of the Project and RFP requirements; (b) ask questions or raise concerns related to the procurement process or submittal requirements; and (c) ask any questions related to clarifying APU’s vision for the Project Any information presented by a Respondent will be preliminary and non-binding until formally offered in writing or set forth in its Proposal. Information regarding a Respondent’s individual approach and potential proprietary solutions will not be shared with other Respondents.
Confidential One-on-One Meeting Ground Rules
Confidential One-on-One Meetings will generally be structured according to the following ground rules:
• Apart from any Project update and introductory comments to be presented by APU and its Representatives, the agenda is at each Respondent’s discretion. • A confidentiality agreement will be signed by each meeting attendee, including APU staff and others attending on APU's behalf, prior to the start of each Confidential One-on-One meeting. • APU will not discuss any information submitted by other Respondents as part of this procurement, at any time. APU will discuss information related to the Respondent’s own submittal, as requested by the Respondent.
• APU will not provide, and Respondents shall not seek to obtain commitments during these meetings.
• Respondents shall not seek to obtain an unfair competitive advantage over any other Respondent.
These meetings are not intended to provide any Respondent with access to information that is not similarly available, or made available, to other Respondents. Accordingly, material information about the Project or procurement that APU reveals or discusses in response to questions raised in a Confidential One-on-One Meeting will be made available to the other Respondents unless APU, in its sole discretion, determines that disclosure of such information:
− would impair the confidentiality of information submitted as part of this procurement or reveal a Respondent’s confidential business strategies, − is not necessary to address an error in the RFP Documents, − is not necessary for purposes of fairness and transparency, and − is not required by the Public Records Act.
• The conduct and/or discussions that occur during Confidential One-on-One Meetings will not be considered during Proposal evaluations.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 9 4
CONFIDENTIALITY AGREEMENT
Underground Reliability Improvement (“Project”)
This Confidentiality Agreement (“Agreement”) dated this day of March 2024, is by and between _____________. (“Design Builder”) and the City of Anaheim, a municipal corporation (“City”).
WHEREAS, as part of the Request for Proposal solicitation for the Project, the Design-Builder has an opportunity to ask questions and have a dialogue with the City regarding the Project and Project requirements in a confidential setting and thus enable the Design-Builder to better prepare its proposal; and therefore, the parties listed above agree as follows:
1. Confidentiality. I, an individual participating in the City proposal and award process for the above-named project (the “Project”) understand and agree that my participation and services are in support of a highly confidential and source-sensitive competitive proposal process. As a result, and in recognition thereof, I acknowledge and agree that the existence, nature, and content of the following activities, materials, and communications are restricted and/or confidential, and shall be collectively referred to herein as “Confidential Information:”
(a) Any activities conducted by the named individual related to the competitive proposal process, including pre- proposal meetings, one-on-one meetings, proposal evaluations or related support activities; (b) Any materials or information related to the Project, the services, or the property that I obtain in connection with the Services including but not limited to any project innovations, cost estimates, specifications, samples, data, logs, records, reports, scopes of work, work plans, studies, proposals, findings, calculations, books, photographs, sketches, drawings, maps, slides, documents, notes, samples, product lists, pricing information, process information, equipment, inventions, computerized information, and the like, whether in written, electronic, or any other form, as well as any idea, innovation, conclusion, or information contained therein or evidenced thereby, collectively referred to herein as “Materials,” and; (c) Any communications engaged in prior to or subsequent to the execution of this Confidentiality Agreement, whether written or oral, between the individual and the City, which are related to the competitive proposal process, the services provided, or the Project, including but not limited to this Agreement itself, collectively referred to herein as "Communications."
2. Non-Disclosure. I shall not, without the express permission of the City and the Design-Builder, disclose, deliver, or otherwise communicate to any person whatsoever any Confidential Information.
3. Access. I shall restrict access to the Confidential Information to persons whose duties justify the need to know such Confidential Information, and who are advised of, understand, and agree to abide by the confidentiality obligations of this Agreement.
4. Ownership and Control. All Materials and written Communications shall be deemed and remain the sole and exclusive property of the City or the originating Design Builder, and all originals and any and all copies thereof, whether in written, electronic, or other form, shall be returned immediately upon individual’s receipt of a verbal or written request by the City or originating Design Builder.
5. Waiver. In no event shall either Party be liable to the other for consequential, special, indirect, incidental, punitive or exemplary loss, damage or expense relating to this Agreement.
6. Term of Agreement. This Agreement shall remain in full force for one (1) year after completion of the work hereunder, or until a contract is awarded and the subject Project materials become public information subject to the California Public Records Act, and the Ralph M. Brown Act; except to the extent permitted by law.
My signature below indicates my commitment to abide by this agreement.
(Print Name & Title)
(Authorized Signature)
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 10: Sample APU Direct Buried Cable
Replacement Project Construction Plans
Under separate folder.
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 10 2
This page intentionally left blank
Request for Proposals
Anaheim Public Utilities
Underground Reliability Improvement Project
Appendix 11: Abnormal 6.9 kV Risers List
Under separate folder.
Request for Proposals
Anaheim Public Utilities
Reliability Improvement Project
Appendix 11 2
This page intentionally left blank