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AGREEMENT WITH AKEL ENGINEERING GROUP, INC. TO PROVIDE
ON-CALL WATER RESOURCES ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 18TH day of February, 2025 by and between Akel Engineering Group, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On June 25, 2024, the City issued Request for Proposals No. 24 -083, by which it sought Consultants to provide on-call water resources engineering services on behalf of the City of Santa Ana’s Public Works Agency.
B. Consultant submitted a responsive pr oposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24 -083 and attached as Exhibit A .
Consultant’s proposal shall be incorp orated by reference as though fully att ached here to this Agreement.
C. Consultant was selected as one of nine (9) vendors which qualified for this engagement.
Only those consultants approved by the City Council on February 18, 2025 shall be eligible to be engaged by the City for these services.
D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work require d to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of nine (9) consultants selected under RFP 24-083. The total compensation for these services provided by all such con sultants selected under RFP 24 -083 shall not exceed the shared aggregate amount of Two Million Dollars ($2,000,000) during the term of the Agreement, EXHIBIT 1
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including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationsh ip, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, eq uipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid
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under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its of ficers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City.
Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M -21), Santa Ana, CA 92701.
The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.
City reserves the right to require complete, ce rtified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, whic h may arise from the
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negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including cost s, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential
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information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
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15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the C ity unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
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To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days aft er it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
Akel Engineering Group, Inc.
Attn: Tony Akel, President
7433 N. First St., Ste. 103
Fresno, CA 93720
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Kyle Nellesen
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba, P.E.
Executive Director
Public Works Agency
Tony Akel, P.E., PACP, D.WRE
President
Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.01.29
13:25:20 -08'00'
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EXHIBIT A
SCOPE OF SERVICES
CITY OF SANTA ANA
EXHIBIT I - 1
Contractor/Consultant shall perform services as set forth below.
INTRODUCTION/BACKGROUND
The City of Santa Ana intends (City) to select several qualified firms to provide professional services for a variety of projects and program s on an as-needed or “on-call” basis. Each firm selected will enter into a Professional Services Agreement to provide such services. Throughout the term of the Professional Services Agreement, the City may request task order proposals for individual projects and/or programs as the need for such services arises. The task order proposal fee shall be based on the hourly rates provided by the firm in response to this RFP.
If a task order proposal is selected, a Notice-to-Proceed will be issued based on an agreed-upon specific scope of services and fee for that task order. The firm may utilize in-house staff and/or sub-consultants to complete each task order. For specialized work for which the prime consultant shall require a sub-consultant , the prime consultant shall serve as an administrative liaison between the City a nd the sub-consultant, and include these administrative costs in their proposed project management fees.
Prime consultant mark-ups for sub-consultant work will not be allowed.
SCOPE OF SERVICES
Provide professional engineerin g services for planning, desi gn, and construction support for domestic water, recycled water, sanitary sewer, storm sewer, and related facility projects.
In general, each task order shal l include, at minimum, th e following project management services:
Project Schedule
Create schedules with the critical milestones for the major tasks involved in a project.
Update the schedule monthly, or more often, as required by the City. Schedules shall be submitted in PDF format unless other format is requested by the City. Meetings
Attend meetings and/or job walks, as r equested by the City. Prepare meeting agendas and meeting minutes.
EXHIBIT I
SCOPE OF SERVICES
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EXHIBIT I - 2
Monthly Project Status Report
Prepare Monthly Project Status Reports that show an accurate accountability of work effort rendered and a continuous appraising and monitoring of both work progress and financial conditions on a project.
The fee for project management services, including time and related expenses, shall be included in each task order proposal.
Firms may propose on any category listed below (1-5). The services to be performed may include, but shall not be limited to, the following:
1. PLANNING, RESO URCES, AND DESIGN
Provide water engineering services to conduct water capital improvement projects, which may involve one or multiple disciplines, incl uding planning studies, hydraulic modeling, feasibility studies, design of pipelines, wells, pump stations, pressure regulating stations, reservoirs, water quality and water treat ment, waste and recycled water quality and treatment, hydrogeology, engineering support during construction, and encompassing associated services such as Architecture, Structural, Civil, Mec hanical, HVAC, Landscape Architecture, Geotechnical, Environmental, Electrical, Instrumentation, and Control. a. Planning Studies and Feasibility Studies
Provide engineering, financial, and planning se rvices to perform pipeline alignment and facility siting studies, water system planning studies, recycled water system planning and feasibility studies, water demand and supply studies, rate studies, asset management, and other studies that may be required in water system planning. Provide consulting services related to water resources and c onservation. Studies may include water supply assessments, water supply verifications , urban water management plans, water use surveys and others studies that may be required for water resources and conservation programs
b. Hydraulic Modeling
Perform Water System Master Planning in cluding Comprehensive Studies, Hydraulic Analysis, Transient Analysis, Fire Flow Analysis, and Flow Optimization. c. Condition Assessment
Provide comprehensive condition assessment of the City’s water system, including seismic, structural, security and vulnerability. Assessment of the structural integrity of the pipe shall include identifying leaks, pipe damage, pipe defect, loss of pipe wall thickness due to corrosion or erosion, etc., along the length of the pipe. Provide reports and memorandums with maps and exhibits as required to detail results of the study including likelihood of failure, risk and consequence of failure. Reports and/or technical memorandums shall also include detailed explanation of data collected and used for the study, any assumptions made as well as recommendations for short-term and long-term risk mitigation strategies.
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d. Design Services
Provide consulting services for the design of water facilities, including water wells, pump stations, pressure regulating stations, re servoirs, water quality and treatment, water mains, recycled water supply and distribution facilities, associated appurtenances, as well as other related components of the faciliti es such as buildings, landscape, grading, drainage, etc. for a complete and operative project.
e. Other Related Services
Provide other related services including, but not limited to, the following:
i. Architecture
Provide consulting services for architectural design, architectural renderings, line- of-sight analyses, building sections, code interpretation issues and other architectural related issue.
ii. Structural
Provide consulting services for structural investigations of the City’s existing facilities, seismic analysis, miscellaneous structural calculations, and design on the City’s existing and proposed systems and structures. iii. Civil
Provide consulting services for general engineering services as required for the project. Scope of work may include but is not limited to site design, street improvements, grading, dr ainage, preparation of Water Quality Management, Erosion Control, and Stormwater Poll ution Prevention Plans, and related calculations and reports as necessary.
iv. Mechanical, HVAC
Provide consultation, engineering, and design services on modification, upgrade, and replacement of existing mechanical and HVAC systems, including piping, plumbing, support systems, controls, code interpretation, and related calculations as necessary.
v. Landscape Architecture
Provide consulting services for landscape architecture design, including landscape planting plans, renderings and views of proposed landscape plantings, and landscape installation inspection servic es. Provide consultation for irrigation system design and inspection.
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vi. Geotechnical Engineering Services
Conduct geotechnical investigations, incl uding field explorations and tests, laboratory tests, and seismic investigations, to assess the general conditions of a project site area and prepare geotechnical reports of final design and construction recommendations. Field explorations may r equire drilling plans and classification of underlying soils and must be done un der the supervision of a licensed geotechnical engineer or regi stered geologist. Investigations may include slope stability analysis of reservoir embankm ents, foundations, retaining walls, and dams and earthen dam monitoring and inspec tion to comply with California Department of Water Resources, Division of Safety of Dams (DSOD) and other City requirements. Provide seismic hazard analyses and site-specific seismic criteria, as needed, for project design.
vii. Hydrogeology
Provide consulting services on groundwat er issues related to and including rehabilitation of existing potable water production wells, siting and design of new potable water production wells, destruction of inactive wells, evaluation of contamination plumes, and groundwater modeling. Evaluate the hydrogeology of proposed potable water production well si tes and investigate proposed wells.
Determine design parameters and requirem ents necessary to drill, operate, and maintain proposed wells; proposed well co nstruction (casing diameter, locations of perforated intervals); and proposed oper ation of wells. Prepare Drinking Water Source Assessment and Protection (DW SAP) plans for proposed potable water production wells.
Provide inspection, hydrogeologic anal ysis and recommendations during new potable water production well drilling and existing well destruction activities, including, but not limited to, on site consulting geologists, geological sampling and formation analysis, geophysical logging and interpretation, sieve analyses, final well construction recommendations, and qual ity assurance and assistance in achieving conformance with the construc tion specifications and applicable codes and standards.
viii. Environmental Compliance Services
Provide consulting services for the pr eparation of environmental documents and support studies to comply with California Environmental Quality Act (CEQA), which may include an Initial Study, Negative Declaration, Mitigated Negative Declaration, Addendum, or Environmental Impact Repor t, or Supplement or Subsequent EIR, National Environmental Policy Act (NEPA) when complying with federal grants, permit applications with support studi es, aesthetic simulations, and other environmental compliance tasks that may be needed.
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EXHIBIT I - 5
ix. Recycled Water Compliance
Provide assistance with compliance requirements for recycled water treatment and distribution system monitoring and reporting.
x. Electrical, Instrumentation & Control Services
Provide consultation, engineering, and design services on modification, upgrade, troubleshooting, restarting, adjusting control settings, and replacement of existing electrical systems, including motor contro l centers, motor starters, electrical panels, and instrumentation and control systems, including SCADA systems. xi. Engineering Support During Bidding and Construction Review and respond to RFI’s and review and approve shop drawings submitted by contractor for conformance with the contract documents. Review progress reports and payments as required. Prepare supplementary sketches and details, as required, to resolve field construction problems that may be encountered. Provide project inspection as needed. Provide assistance in ensuring regulatory compliance, as needed. Prepare the “as constructed” corrections to the original drawings and specifications . Attend meetings on behalf of the City and assist in Public Relations, as needed.
xii. Plan Check Services
Provide consulting services for plan c hecking improvement plans to determine compliance with applicable standards, guidelines, policies, rules, ordinances, and codes.
2. CONSTRUCTION MANAGEMENT
Provide construction management and inspection services during construction. The tasks of construction management and inspection shall include, but not be limited to:
a. Construction Management and Coor dination with Contractor Provide construction management and coordinate as needed for the project. Review and coordinate construction schedule and activitie s; conduct and attend meetings on behalf of the City. Provide permit compliance documentation, follow up, and support for all permits and clearances required on a project. The construction management team ma y also be asked to attend meetings and assist in maintaining public relations as needed.
b. Project Administration
Provide review of, recommend, and prepare change order(s) and/or extra work order(s) as needed on construction project. Coordi nate and process RFI’s and shop drawings submittals, and ensure construction conformanc e with the contract documents. Review and adjust progress pay estimates prepared and submitted by the contractor for conformance with the contract documents.
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c. Construction Inspection
Provide construction inspection by qualified inspectors and maintain daily inspection reports, construction progress reports, and proj ect logs, etc., of the progress of the construction work. Secure record drawing in formation from the construction contractor.
Provide start-up support for a Project, including final acc eptance testing, support, and final completion sign off. Prepare the Final Construction Report.
3. PIPELINE DESIGN
Provide consulting services for the design of water mains, transmission mains, siphons and associated appurtenances. Provi de preliminary and final design services including the preparation of plans, specifications, and cost estimates. Provide bidding assistance, construction support, and final as-builts as needed for projects.
4. ELECTRICAL, INSTRUMENTATION & CONTROL SERVICES
Provide consultation, engineering, and des ign services on modification, upgrade, troubleshooting, restarting, adjusting control se ttings, and replacement of existing electrical systems, including motor control centers, motor starters, electrical panels, and instrumentation and control systems, including SCADA systems components, instrumentation, communicati on system components, security cameras, door/gate access controls, information technology for SC ADA system and cybersecurity support for PLC/HMI/OIT software and custom applications for the City Water System.
5. GEOTECHNICAL ENGINEERING SERVICES
Conduct geotechnical investigations, including fiel d explorations and tests, laboratory tests, and seismic investigations, to assess the general conditions of a project site area and prepare geotechnical reports of final design and constr uction recommendations. Field explorations may require drilling plans and classification of underlying soils and must be done under the supervision of a licensed geotechnical engineer or registered geologist. Investigations may include slope stability analysis of reservoir embankments, f oundations, retaining walls, and dams and earthen dam monitoring and inspection to comply with California Department of Water Resources, Division of Safety of Dams (DSOD) and other City requirements. Provide seismic hazard analyses and site-specific seismic criteria, as needed, for project design.
Proposals shall explicitly state which category listed above (1-5) is being proposing on. If there are any exceptions to the core of requested services above, proposers shall list said exceptions in their proposal (matrix form).
GENERAL REQUIREMENTS AND PROJECT DELIVERABLES
The Consultant’s services for plans specifications and estimates (PS&E) for engineering projects and special studies/investigations shall be in conformance, if applicable, with the following: Title 24 of the California Code of Regulations (California Building Standards Code), American Water
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Works Association, California Department of Transportation, Americans with Disabilities Act, City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and any other federal, state, or local guidelines required in the project.
As part of the PS&E package, the Consultant shal l prepare the special provisions pertaining to the items of work included in t he plans that are not addressed on the latest editions of the applicable standards.
The Consultant shall have complete responsibi lity for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana DO NOT include detailed review or checking of design for the accuracy with which such designs are depicted in the documents and the plans. T he documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appear ance, well organized, technically and grammatically correct, checked and dated, and having the maker and checker identified.
The Consultant shall have project management c ontrol procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following:
Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the (PS&E) packages. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed
Deliverables
Quality Control/Quality Assurance (QA/QC) Plan
Project Schedule/Invoicing
Project Correspondence
In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification.
CITY RESPONSIBILITIES
The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
Furnish scope of work and provide general direction as needed for the assigned project All plan check coordination within the City
CITY OF SANTA ANA
EXHIBIT I - 8
Advertise, award, and adminis ter of construction contract Electronic files (sample plans & specificat ions, City of Santa Ana’s CADD Standards) Electronic files for title sheets and sheet borders
Facilitate meeting space and coordination and City facilities
FEE PROPOSAL
In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:
The fee proposal shall include the firm’s standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this document. A list of all positions and hourly rates required to perform the services described herein.
A more detailed scope of work will be provided when/if a Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project.
OTHER TERMS AND CONDITIONS
1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements.
2. The City regards the inclusion of Califo rnia based designs, engineering, and construction professionals, facilities, and services as par t of the Team to be hi ghly desirable, but not mandatory.
3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.
4. All reports, proposals, or other data or ma terials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.
5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.
6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises.
All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a “Certification of Non- Discrimination by Contractors” for each firm on their team.
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
RATE SCHEDULE
PERSONNEL
Support Staff Hourly Rate
Administrative $116
Technical Staff Hourly Rate
GIS Technician $146
Senior GIS Technician $176
Professional Services Hourly Rate
Engineering Assistant $135
Assistant Engineer $170
Associate Engineer $199
Senior Engineer $221
Principal Engineer $269
Senior Principal Engineer $298
EXPENSES
Category
Subconsultant / Other Direct Costs Cost plus 5%
Notes:
1. Software usage costs are included in hourly rates shown.
2. AKEL Billing Rates are subject to an annual increase at the end of the fiscal year, to reflect labor rates and related cost adjustments.