HomeMy WebLinkAbout25I - AGMT - ENGINEERING SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 18, 2017
TITLE:
AGREEMENT WITH CARDNO, BA INC.,
AND C BELOW, INC., FOR ON -CALL
SUBSURFACE UTILITY ENGINEERING
SERVICES (BID NO. 16 -114)
{STRATEGIC PLAN 6�¢
1
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute agreements with Cardno, BA Inc., and C
Below, Inc., to provide on -call subsurface utility engineering services, for a three -year period beginning April
18, 2017, and expiring April 17, 2020, in an aggregate amount not to exceed $900,000 for the term of the
contract, subject to nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana Public Works Agency administers the design and construction of capital improvements
projects as part of the Capital Improvement Program (CIP). Some of these CIP projects include the repair
and /or replacement of subsurface utilities. Approval of the recommended action will allow the City to perform
subsurface utility engineering services to locate and identify underground utilities in the planning, design, pre -
construction, and construction phases, as needed. These services will assist staff in minimizing potential
conflicts between proposed improvements and other underground utilities, and reducing the potential of
unforeseen conditions during construction.
On September 14, 2016, the Public Works Agency released a Request for Proposals on the City's website
and notified qualified consulting firms. Four proposals were received and evaluated by a review committee
from the Public Works Agency. Each firm was rated according to its organization, credentials, resumes,
references, and rates to provide the required services. All four of the firms were responsive.
Following is the list of the firms and their respective scores:
FIRM
SCORE
Cardno
91.8
BA Inc.
85.8
C Below, Inc.
84.4
SPEC - Services Inc.
81.8
Based on the ratings, staff recommends that Cardno, BA Inc., and C Below, Inc., be retained to provide
subsurface utility engineering services. The cost proposals from these firms were negotiated to ensure the
City receives the highest quality and value.
251 -1
Agreements with Cardno, BA Inc., and C Below, Inc., For Subsurface Utility Engineering Services
April 18, 2017
Page 2
After awarding the agreements, the City will use a task -order system to ensure tasks are allocated to all
consultants. The actual costs will be based on the approved hourly rates and the time expended on a project.
The time and costs for each project will be closely monitored by City staff.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure,
Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest
resources and technology to extend the service life of existing infrastructure to protect the City's investment
and support a high quality of life standard).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for these on -call services are available for allocation as needed from various projects in the City's prior
year and FY 2016 -17 approved Capital Improvement Program (CIP). Funding will also be budgeted in future
CIP projects.
The following spending plan is subject to change, based on available funding. Any task order over $25,000, or
account number not identified below, will require Finance approval prior to issuance of the Notice to Proceed.
r)JA
Pre M s 'pour
Executive Director
Public Works Agency
FMMEG /JG /AF
APPROVED AS TO FUNDS AND ACCOUNTS:
, 2sz � L � � h � t
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: 1. Agreement — Cardno
Exhibit: 2. Agreement — BA Inc.
Exhibit: 3. Agreement — C Below, Inc.
251 -2
AGREEMENT TO PROVIDE SUBSURFACE UTILITY
ENGINEERING SERVICES ON AN ON -CALL BASIS
THIS AGREEMENT is made and entered into this 18th day of April, 2017 by and between
Cardno ( "Contractor "), 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 September 14, 2016, the City issued Request for Proposal No. 16 -114, by
which it sought Contractors to provide On -Call Subsurface Utility Engineering
Services for the City of Santa Ana Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the
City. Contractor represents that it is able and willing to provide the services
described in the scope of work that was included in RFP No. 16 -114 and attached
as Exhibit A.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a professional contracting 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 as- needed basis, and at the sole discretion of City, Contractor shall perform the
services that are described in Exhibit A. Contractor's proposal is incorporated by reference as
though fully set forth herein. When the need for services arises, City may initiate services
through use of a task or similar order issued to Contractor.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Contractor under this Agreement. Contractor shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Contractor is one of three Contractors selected to provide subsurface utility
engineering services on an as needed basis under RFP No, 16 -114. The total
compensation for services provided by all contractors selected under RFP No. 16-
114 is a collective amount not to exceed $900,000 during the term of the
Agreement.
b. Payment by City shall be made within forty-five (45) clays following receipt of
proper invoice evidencing work performed, subject to City accounting
Exhibit 1
Page 1 of
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procedures. Payment need not be made for work which fails to meet the
standards of performance set forth in the Recitals and Scope of Work, which may
reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and tenuinate on April
17, 2020, unless terminated earlier in accordance with Section 17, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title $, Section 16000, et seq.,
( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the
services being performed are part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless from any
claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws,
51 INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor 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 relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor 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.
6. 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 Contractor under this Agreement ( "Documents & Data ").
Contractor shall require all subcontractors to agree in writing that City is granted a non - exclusive
and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Contractor represents and warrants that Contractor has the legal right to license any
and all Documents & Data. Contractor makes no such representation and warranty in regard to
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251 -4
Documents & Data which were provided to Contractor 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.
7, INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to
bodily and personal 'injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the CITY, its officers, employees,
agents, volunteers and representatives as additional insurcd(s), (b) be primary
with respect. to insurance or self-insurance programs maintained by the CITY; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent Form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C, Worker's Compensation Insurance. In accordance with the California Labor
Code, Contractor, if Contractor has any employees, is required to be insured
against liability for worker's compensation or to undertake self - insurance. Prior
to commencing the performance of the work Linder this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not
less than $1,000,000 per accident.
d. If Contractor is or employs a 'licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
C. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
Pw,e 3 of 9
251 -5
(ii) Certificates of insurance shall be famished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) clays prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
if Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City's election, to forthwith terminate this Agreement. Such ternunation shall not
affect. Contractor's right to be paid for its time and materials expended prior to
notification of termination, Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
8. INDEMNI Ia ICA'I'ION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, 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, which may arise
from the negligent operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I 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 terns 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 Contractor 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 Contractor'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 of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
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251 -6
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shrill defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the
work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor 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 Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor render this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Contractor 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
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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which wound conflict in any manner with performance of services specified under this
Agreement.
2t1 -7
13. 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:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647 -6956
To Contractor:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714 - 647 -5635
Cardno
5622 Research Drive, Unit A
Huntington Beach, CA 92649
Attn: Matt Tomanek
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shill 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 after 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.
14. EXCLUSIVITY AND AMENDMENT
"Phis Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter herein, 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 terns 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 Contractor. The parties agree that any terns or conditions of any purchase order or other
Page 6 o r 9
251 -8
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or obligate Contractor 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 are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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.
1.6. 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. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay
Contractor compensation for all services performed by Contractor 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 Contractor to
deliver to the City all work product completed as of such date, and in such case
such world product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
Payment need not be made for world which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON- DISCRIMINATION
Contractor shall not discriminate because of mace, color, creed, relation, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employe- and shall comply with all applicable
federal, state and local laws and regulations.
291- 9�
19. JURISDICI"ION -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.
20. PROFESSIONAL LICENSES
Contractor 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. Contractor 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.
21. 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 shalt 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITE' OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
J n M. Funi<
Assistant City Attorney
GERARDO MOUET
Acting City Manager
CONTRACTOR
Name:
'Title:
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251 -10
RECOMMENDED FOR APPROVAL
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
25c -11
CITY OF SANTA ANA EXHIBIT
RIP NO.: 16 -114
SUBF'UR FACE UTII_.ITV ENGINEERING SEMI CES
SCOPIi OF WORK
RrltrodraCtion and Backt_Jround:
The City of Santa Ana is located in the County oMrange in Southern California. The City encompasses
27.5 square, miles and a population of over 325,000 people.
The City of Santa Ana Public Works Agency (PWA) is soliciting proposals for Subsurface Utility
Engineering (SUE) Services. These tastes include location and identifieatioa of underground utilities in
the planning, design, pre-construction, and construction phases. These services are on -call and on an as-
needed basis. This request for proposal (RF'P) provides interested qualified firms with the hnformation
enabling there to submit it Service Bid Proposal and to provide the services described heroin.
Dcscrlpilon o('Work:
On as needed basis, the selected firmis shall provide the City with the following services as describe([
herein.
tlnclergrouud Utility Locating: Determine the precise horizontal and vertical position, size,
condition, material, futility owner /s name and other characteristics Of underground utilities using vacuum
excavation and or other comparable means.
• Obtain and review plans provided by the City showing areas requiring locating (test boraholes)
sites as hdantified by the plans. 11
Excavate using a method to enable vertical and horizontal exploration and locating means,
Furnish and install permanent above ground marker and color code for each of the utilities (i.e.,
P,K. nail, peg,, steel pier, or hub) directly above the centerline of the structure and record the
elevation of the market, along with all the characteristics of the utility.
All horizontal and vertical data shall meet survey standards in accordance and as detailed by the
Engineer
Provide the following as part of the borehole test information
a. Elevation top and bottom of the utility tied to the daturu and or furnished
information by the Engineer. The accuracy of the vertical elevation shall be
within ( +/- ,1 ft).
b. Elevation of the existing grade over the utility test borehole and the pavomant
and back,fill material
c. Horizontal location refireneed to the provided datum and or as requestQd by the
Engineer
d. Obtain pipe, duct bank, encasement, and multi - conduit configuration vvidth
(outside diameter)
e. Provide utility structure material composition and condition
t. ldendly benchmarks used to deternune elevations and include it as part of the
final deliverable report.
s. Identify and provide pavement thickness, material and condition and soil type
characteristics.
251 -12
CITY O SArNTA ANA
RPP NO,: t6.I14
SUBFURFACE UTILITY ENGIN1."LU GSERVICES
• All completed reports shall be certified to be correct and sided by a professional land surveyor
registered in California. (Only if required by the Engineer). Work under this category will be
paid on hourly basis.
• Bacicfill all test holes shall be backfihed with in kind material and compact to a. relative
compaction of 90 %.
• Boreholes greater than 2ftx shall be paved and match existing pavement thickness section unless
stated otherwise and or approved by the Englnoer.
•
Clean and sweep work site at the end of the work day.
Provide additional surveying, and underground utility mapping services at an houriv rate
General Requirements and Prollect Deliverables'
• All work for this work for traffic control shall be done in accordance with the Federal Highway
Administration's Manual (NIUTCD)
• The selected ftrm�s shall obtain all necessary permits from the City and local jurisdiction prior to
commencing any of the work in Public Right of flay.
• Any work required on private property shall be authorized by the Engineer prior to commencement
of work.
• All work shall be done in accordance with ASCE Standard 3 8•02; Standard Guideline for the
collection and depiction of the existing suibsurfaee utility data.
• The firn,,s shah secure all permits to work in tae City, These fees are not reimbursable.
• All work shall be performed to the specific project and or location as detailed in the notice to
proceed and indicated by the Engineer.
• All reports and tealuueal memoranda shall be submitted electronically to City and shall include all
the information as required and detailed in the notice to proceed. All Computer Aided Drafting
Design (CADD) work shall be submitted on electronic format (Mierostation). In addition, a hard
copy of the project findings and a digital file in Mierostation shall be submitted to the engineer for
review before final approval and final payment is authorized.
A list oppositions and hourly rates shall be included as part of the proposal and included in the seal bid
Package, See Attachment 4 — ADDITIONAL .PROVISIONS for a sample breakdown.
The consulting f nn, ='s are responsible for any danla;e to utilities during the locating e #' For ts,
Consultant R0112Rsi11illtics:
Consultant Audits and Review Process; Prior to awarding the contract, the selected Consultant shall be subject to
an audit or review by Caltrans' Audits and Investigations {Acct), other state audit organizations, or the federal
government. The selected Consultant shall complete Exhibit 10 -IC— Consultant Certification Contract Costs
and financial, in the Appendix of this UP as Attachment 4,
Tirme is of the essence and work shall commence within 6 days o" the Notice to Proceed for phaurd
untlergr'ou.nd utility locating services.
251 -13
CITY OIr SANTA r \:tiA
RFP NO.: 1.6 -114
SI.iBFURI'ACL UTILITY ENGINEERINGSERVICES
The consultant shall be available to provide on -call services within 484iours for unplanned utility
locating services.
City Re ST0110bilitles:
The City will provide information in its possession relevant to tho preparation. of the required
information in the RFP, The City will provide only the staff assistance and the documentation
specifically in referred to herein.
Fee Lro gs 11,
In addition to Section IV.B3 (Submittal Requirements: Fee Proposal) Pee schedule shall be structured as Follows:
for Cahruts Funded projects, reference LAPM Exhibit 10- 1- 1 (sample cost proposal) and inclucle to
Attaclurtent 4.
• The City will select up to (three) firms to provide the services
+ The fee proposal shall include the fiirtn's standard hourly fee schedule, and /or project Pee
schedule whore applicable and as outlined in this this documents.
S1:taciall Recttiiruments (Attachment al):
Coniyal.tiance with heattirements of Fund my Alien fuse as approprinta /d,elete unused section;:
o IfCaltnins:
This project is herded through XXXX and shall comply with all requirements of X XX
The attached farms must be completed in their entirety and submitted with your proposal:
• LAP Exhibit IO -H: Sample Cost Proposal
• LAPM Exhibit 10 -1: Notice to Proposers, DBE. Information
• LAPVI Exhibit IO -Cl: Clonsul.taatt Proposal DBE Comnzittneitt
• LAP Exhibit 10 -h,: Consultant Cetlification of Contract Costs and Financial morlagemen', System
If the project will be financed by federal funds all services rendered shall meet all required Federal recpiiremtents
included in this request for proposal, COnSUltant5 are advised that, as required by federal law, the, City orSunta
Ana is implementing the new Race Conscious Disadvantaged. Business Enterprise (DISC) Program. The DBE
goal for this contract is 9,60'1,10.
251 -14
IMAH110 WWI
City of Santa Ana RFP NO 16 -114 for Subsurface Utility Engineering Services
2016 Cardno Rates
Subsurface Utility En in oring Services
Professional Service
Prevailing
Wa a Rate
PW
Overtime
Unit
Pothole Under Natural Ground ---_E50.00_
$850.00
er hole
Pothole Under Paving / Concrete
$850.00
$950.00
per hole
Pothole Exceeds 6.99 feet in De th
$140.00
$160.00
perfoot
Vacuum Excavation Truck Crew and E ul ment
455.00
455.00
_per hour
Utility Designatin & Investigation
Underground
$1.251
$1.50
er foot
Utilit
Desi natin
& Investi atinn
Overhead
$0.67
$0.80
perfoot
Utility
Deslanating
2 Man Crew and E ui ment
$365.00
$425.00
per hour
Utility Designating 1 Man Crew and E ui ment
$275.00
$335.00
per hour
Concrete /Asphalt Coring �_.�
$2'10.00
$270.00
per hour
Project En ineer
$225.00
$225.00
per
hour
Senior
Project
Maner
ag
500
$20.
$205.00
er
hour
Project
Manner
$135.00
$135.00
per
hour
SUE Mangier
,
120.00
$120.00
per
hour .
SUE Supervisor _ _
x$140.00
$210.00
per
hour
SUE Technician 111
$120.00
$180.00
er
hour
_
SUE Technician 11 ^ ��
$120.00
$180.00
-Per
hour
SUE Technician i^ _.._.._ _.._.
$105.00
157.50.
er
hour
CADD Technician
_. 85.Oq
,.
X127.50
per
hour
Technical Sr.ipport
$75.00
$112,501
per
hour
Expenses
Per Diern GSA rates
__ _ _ _
Encroachrnent and Traffic P_ ermits actual cost
Subcontractors_ cost plus 10%
_
Miscellaneous Expenses �� cnst plus 10 °/a
251 -15
251 -16
AGREEMENT TO PROVIDE SUBSURFACE UTILITY
ENGINEERING SERVICES ON AN ON -CALL BASIS
THIS AGREEMENT is made and entered into this 18th day of April, 2017 by and between BA,
Inc. ( "Contractor "), 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 September 14, 2016, the City issued Request for Proposal No. 16 -114, by
which it sought Contractors to provide On -Call Subsurface Utility Engineering
Services for the City of Santa Ana Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the
City. Contractor represents that it is able and willing to provide the services
described in the scope of work that was included in RFP No, 16 -114 and attached
as Exhibit A.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
teams and conditions hereinafter set forth, the parties agree as follows;
1. SCOPE OF SERVICES
On an as- needed basis, and at the sole discretion of City, Contractor shall perform the
services that are described in Exhibit A, Contractor's proposal is incorporated by reference as
though firlly set forth herein. When the need for services arises, City may initiate services
through use of a task or similar order issued to Contractor.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Contractor under this Agreement. Contractor shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Contractor is one of three Contractors selected to provide subsurface utility
engineering services on an as needed basis under RFP No, 16 -114. The total
compensation for services provided by all contractors selected under RFP No. 16-
114 is a collective amount not to exceed $900,000 during the term of the
Agreement.
b. Payment by City shrill be made within forty -five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting
Page. 1 of
251 -17
procedures. Payment need not be made for work which fails to meet the
standards of performance set forth in the Recitals and Scope of Work, which may
reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on April
17, 2020, unless terminated earlier in accordance with Section 17, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the
services being performed are part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless from any
claim or liability arising out of any failure or alleged £allure to comply with the Prevailing Wage
Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire tern of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer- employce relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor 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.
6. 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
ernbodied 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 Contractor under this Agreement ( "Documents & Data ").
Contractor shall require all subcontractors to agree in writing that City is granted a non - exclusive
and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Contractor represents and warrants that Contractor has the legal right to license any
and all Documents & Data. Contractor makes no such representation and warranty in regard to
Page 2 of 9
281442
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that ally such use not within
the purposes intended by this Agreement shall be at City's sole risk.
INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
I
. Commercial General. Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising fro n bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts
Of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the CITY, its officers, employees,
agents, volunteers and representatives as additional insured(s); (b) be primary
with respect to insurance or self- insurance programs maintained by the CITY; and
(c) contain standard separation Of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor
Code, Contractor, if Contractor has any employees, is required to be insured
against liability for worker's compensation or to undertake self - insurance. Prior
to commencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not
less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
o. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i)
Contractor shall maintain all insurance required above in hill force and
effect for the entire period covered by this Agreement.
pa , 3 ot'9
25 ; -19
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) clays prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
f if Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City's election, to forthwith terminate this Agreement. Such termination shall not
affect Contractor's right to be paid for its time and materials expended prior to
notification. of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, 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, which may arise
from the negligent operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, jest
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 Contractor 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 assorting 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 Contractor'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 of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
Page 4 of 9
251 -20
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the
work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor 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 Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor 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
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 shalt not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (c) is independently developed by the Contractor without reference to information
disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
Pa =e S of '9
25 -21
13. 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:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
To Contractor:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center plaza (M -21)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714 -647 -5635
BA, hrc.
800 W 6 "^ Street, Suite 400
Los Angeles, CA 90017
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 after 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.
14, EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter herein, 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 Contractor. 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
Page 6 of 9
251 -22
bind or obligate Contractor 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 are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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 litnit 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.
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. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay
Contractor compensation for all services perfomned by Contractor 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 Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor 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.
18, NON - DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities or in connection with any activities under this Agreement.
Contractor affirnns that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
Page 7 of 9
251 -23
19. 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 panties 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.
20. PROFESSIONAL LICENSES
Contractor 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. Contractor 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.
21, 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 injurics 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.
IN WITNESS WL-iEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
MARIA D. I-IUIZAR
Cleric of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By:
J n M. Funk
Assistant City Attorney
GERARDO MOUET
Acting City Manager
CONTRACTOR
Name:
Title:
pa'w 8 of'9
251 -24
RECOMMENDED FOR APPROVAL
FRET) MOUSAVIPOUR
Executive Director
Public Works Agency
Page 9 of 9
251 -25
CITY OF SAN] A ANA EXH I BIT A
RFP NO.: 16 -114
SUBFURFACE UTILITY ENGINEERING SERVICES
SCOPE OF WORK
Jntt- oduetion and I3ackarounr,9:
The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses
77.5 square miles and a population ofovor 325,000 people,
The City of Santa Ana Public Works Agency (PWA) is soliciting proposals for Subsurface Utility
Engineering (SUE) Services. These tasks include location and identification of underground utilities in
the planning, design, pre - construction, and construction phases. These services are on'catl and on an as-
needed basis. This request for proposal (REP) provides interested qualified firms With the information
enabling theist to subnut a Service 'Bid Proposal and to provide the services described herein,
Description of LN'nrlu
On as needed basis, the selected finufs shall provide the City with the following services as described
herein.
Underground Utility Locating: Determine the precise horizontal and vertical position, ,size,
condition, material, utility owner /s name and other characteristics of underground utilities using vacuum
excavation and or other comparable means.
Obtain and review plans provided by the City showing areas requiring locating (te.st'boreholes)
sites as identified by the plans,
Excavate using a method to enable vertical and horizontal exploration and locating means.
Furnish and install permanent above grormd marker and color code for each of the utilities (Le.,
PK, nail, peg, steel pin, or hub) directly above the centerline of the structure and record the
elevation of rho marker atong with all the characteristics of the utility.
• All horizontal and vertical data shall meet survey standards in accordance and as detailed by the
Engineer
• Provide the following as part of the borehole test information
a. Elevation top and bottom of the utility tied to the datum and or Furnished
information by the Engineer. The accuracy of the vertical elevation shall be
within ( +/- .1(i).
b. Elevation of the existing grade over the utility test borehole and the pavement
and backt:ill materiat
c. Horizontal location referenced, to the provided datuAn and or as requested by the
Engineer
d. Obtain pipe, duct bank, encasement, and multi - conduit configuration width
(outside diarneter)
Q. provide utility structure material composition and condition
G Identify benchmarks used to determine elevations and include it as part of' the
final deliverable report.,
g. (clentil:y and provide pavement thickness, material and condition and soil type
characteristics.
251 -26
CITY OF SANTA ANA
RFP NO,: 16.114
SUI3h[iI2TACFJIT'1'fh[T�'I YCdIItiE13ltI.tiGSLRVIChS
• All completed reports shall be certifiod to be correct and signed by a professional land surveyor
registered in California. (Only if required by the Engineer). Work under this category will be
paid on hourly basis.
• Backfrll all test holos shall be baekfilled with in -kind material and compact to a relative
compaction of 90 %.
• Boretwles greater than 2111 shall be paved and match existing pavement thickness section unless
stated otherwise and or approved by the Engineer.
Clean and sweep work site at the end of the work day.
• Provide additional surveying, and underground utility mapping services at uin hourly rate
GetieM LMgiremenfs rand Pa oiect i)elivea° abler°
All work for this work for traffic control shall be done in accordance with the Federal Highway
Administration's Manual (MCJTCD)
• The selected firaVs shall obtain all necessary permits from the City and local jurisdiction prior to
commencing any of the work in Public Right of Way.
Any work required on private property shalt be authorized by the Engineer prior to comniencem"nt
of work.
All work shall be done in accordance with ASCE Standard 38 -02; Suindard Guideline for the
collection and depiction of the existing subsurface utility data.
•
'file firr;rs shalt secure all permits to work in the City. These fees are not reirnbursable.
All work shall be perfom -tcd to the specific project and or location as detailed it,, the notice to
proceed and indicated by the Engineer.
+ All reports and technical memoranda shall be submitted etectrorucally to City and shall include all
the information as required and detailed in the notice to proceed, All Computer Aided Drafting
Design (CARD) work shall be submitted on electronic format (Microstation). In addition, a hard
copy of the project findings and a dighat file in. Microstatiou shall be submitted to the engineer for,
review before final approval and final payment is authorized,
A list of positions and hourly rates shall be included as part of the proposal and included in the seal bid
package, See Attachment 4 — ADI)rric)NAL PROVISIONS for a sample breakdown,
The consulting firms are responsible for anydaniage to utilities during the locating efforts.
C011Staltaant ResJoonsibil.1tics:
.Q()n3Ultlnt Auulit_a`tl Rey.izr+, Poce;is: Prior to awarding the con`.ract, the selected Consultant shall be subject to
an audit or review by Caltran. Audits and bnvestigatious (A8,t), other state wa(lit organizations, or the federal
government. The selected Consultant shall complete Exhibit 10 -F — Consultant Certificat'ion Contract GosU
and Financial, in the Appendix of this RFP as Attachment 4.
Time is of the asenco and work shall commence within .S days of the Notice to Proceed for planned
Underground utility locating S::I"V lcu "S,
251 -27
CITY OF SANTA ANA
R FP NO.: '16 -114
SUBFURFr1 CL'OTILITY ENGINF,.t;F ING SERVIC3ES
The consultant shall be available to provide on -call services within 44 -hours for unplanned utility
locating services.
City ResponMERies:
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.
Fee EE2posal:
In addition to Section IV,B,3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:
for Caltrans funded projects, referencc LAP.M Exhibit 10 -1.1 (sample cost proposal) and include in
Attachment 4.
• The City will select up to (three) firms to provide the services
• The f'ee proposal shall include the firm's standard hourly fen schadtile, and/or project fee
schedule where applicable and as outlined in this this documents,
IS
aecieclttirenaenls (Attaohn�ent 4):
Coa hti ce ryith. Requirements of Fundiati - n_eney use as appropriateldalete unused sections:
If Caltrans:
This project is funded through XXXX and shall comply with all reduiremonts of XXXX
The attached forms must be completed in their entirety and submitted with your proposal:
• LAPM Exhibit 10 -H: Sample Cost Proposal
• LAPM Exhibit 10 -I : Notice to Proposers, DBE Intbrination
• LAPM Exhibit 10-01: Consultant Proposal DBE Commitment
• LAPNI Exhibit I D -IC: Consultant Certification of Contract Costs and Financial rnaaagement Svstcm
If the project will be financed by federal funds all services rendered shall meet all required federal requirements
inchaded in this request for proposal Consultants are advised that, as required by federal law, the City of Santa
Ana is implementing the new 'Race Conscious Disadvantaged Bus nabs Enterprise (DBE) Program. The DBE
goal for this contract is 9.60 %.
251 -28
BA Inc.'s rate schedule reflects a communication to provide the City of Santa Ana with high-
quality service at a competitive rate. The following rates shown are effective until December
31, 2017:
Principal
$90.00 - $1105.00
$240.75 - $280,88
Chief Engineer
$80.00 - $90.00
$214.00 - $240.75
Director
$70.00 - $80.00
$187.25 - $214.00
Project Manager
$65.00 - $70.00
$173,88 - $187.25
Senior Project Engineer/
$55.00 - $65.00
$147.13 - $173.88
Lead Superintendent
Project Engineer III
$45.00 - $60.00
$120.38 - $160.50
Project Engineer 11
$35.00 - $45,00
$93.63 - $120.38
Project Engineer 1
$25.00 - $35.00
$66,88 - $93.63
Field Laborer
$20,00 - $30.00
$53.50 - $80.25
Administrative
$15.00 - $20.00
$40.13 - $53.50
City of Santa Ana
RFP 16 -'114: Subsurface Utility Engineering Services
251-29
251 -30
AGREEMENT TO PROVIDE SUBSURFACE UTILITY
ENGINEERING SERVICES ON AN ON -CALL BASIS
THIS AGREEMENT is made and entered into this 4th day of April, 2017 by and between C
Below, Inc. ( "Contractor "), 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 September 14, 2016, the City issued Request for Proposal No. 16 -114, by
which it sought Contractors to provide On -Call Subsurface Utility Engineering
Services for the City of Santa Ana Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the
City. Contractor represents that it is able and willing to provide the services
described in the scope of work that was included in RFP No. 16 -114 and attached
as Exhibit A.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a professional contracting 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 as- needed basis, and at the sole discretion of City, Contractor shall perform the
services that are described in Exhibit A. Contractor's proposal is incorporated by reference as
though fully set forth herein. When the need for services arises, City may initiate services
through use of a task or similar order issued to Contractor.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Contractor under this Agreement. Contractor shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B,
Contractor is one of three Contractors selected to provide subsurface utility
engineering services on an as needed basis under RFP No. 16 -114. The total
compensation for services provided by all contractors selected under RFP No. 16-
114 is a collective amount not to exceed $900,000 during the term of the
Agreement.
b. Payment by City shall be made within forty -five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting
Exhibit 3
251 -31
procedures. Payment need not be made for work which fails to meet the
standards of performance set forth in the Recitals and Scope of Work, which may
reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on April 3,
2020, unless terminated earlier in accordance with Section 17, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the
services being performed are part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless From any
claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire tern of this Agreement, be construed to be an
independent contractor 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 relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor 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.
6. 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 Contractor under this Agreement ( "Documents & Data ").
Contractor shall require all subcontractors to agree in writing that City is granted a non - exclusive
and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Contractor represents and warrants that Contractor has the legal right to license any
and all Documents & Data. Contractor makes no such representation and warranty in regard to
Page 2 of 9
251 -32
Documents & Data which were provided to Contractor 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.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the CITY, its officers, employees,
agents, volunteers and representatives as additional insured(s); (b) be primary
with respect to insurance or self- insurance programs maintained by the CITY; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor
Code, Contractor, if Contractor has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance, Prior
to commencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not
less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
Page 3 of 9
251 -33
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without tivrty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement,
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City's election, to forthwith terminate this Agreement. Such termination shall not
affect Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, 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, which may arise
from the negligent operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I 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 Contractor 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 Contractor'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 clahns that arise of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
Page 4 of 9
251 -34
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold hanmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the
work product or documents provided by Contractor to the City pursuant to this Agreement.
l ORIG \"
Contractor shall keep records and invoices in connection with the work to be performed
Linder this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred tinder this Agreement and any services, expenditures, and disbursements
charged to the City for a minimun period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor 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
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, t1irugh no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City,
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
Page 5 of 9
251 -35
13. 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:
To City: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714 - 647 -6956
To Contractor:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714 -647 -5635
C Below, Inc.
14280 Euclid Ave
Chino, CA 91710
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 after 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.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter herein, 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 Contractor. The patties 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
Page 6 of 9
251 -36
bind or obligate Contractor 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 are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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.
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, light or remedy. No waiver of any breach, failure or
Light, 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. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay
Contractor compensation for all services performed by Contractor prior to receipt of such notice
of termination, subject to the following conditions:
a. As a condition of such payment, the Exeoutive Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate,
Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON - DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital
statics, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
Page 7 of 9
251 -37
19. 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.
20. PROFESSIONAL LICENSES
Contractor 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. Contractor 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.
21. 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 Billy, 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 filly
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
fast above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALH0
City Attorney
By:U Jam,
ja M. Funk
Assistant City Attorney
GERARDO MOUET
Acting City Manager
CONTRACTOR
Name:
Title:
Page 8 of 9
251 -38
RECOMMENDED FOR APPROVAL
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
Page 9 of 9
251 -39
CITY OF SANTA ANA EXHI BIT A
RFP NO.; 16 -114
SUBFURFACE UTILITY ENGINEERING SERVICES
SCOPE OF WORT{
Introduction and BacicQrouud:
The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses
27.5 square iniles and a population of over 325,000 people.
The City of Santa Ana Public Works Agency (PWA) is soliciting proposals for Subsurface Utility
Engineering (SUE) Services. These tasks include Ioeation and identification of underground utilities in
the planning, design, pre - constriction, and construction phases. Those services are on -call and on an as-
needed basis. This request for proposal (RFP) provides interested clualifed firms with the information
enabling them to submit a Service Bid Proposal and to provide the services described herein.
Description ofWorl.:
On as needed basis, the selected flnr/s shall provide the City with the follow lag services as described
herein.
Underground Utility Locating: Determine the precise horizontal and vertical position, size,
condition, material, utility owner /s name and other characteristics of underground utilities using vacuum
excavation a xl or other comparable means,
Obtain and review plans provided by the City sbowing areas requiring locating (test boreholcs)
sites as identified by the plans.
• Excavate using a method to enable vertical and horizontal exploration and locating means.
• rv=lsh and install permanent above ground marker and color code for each of the utilities (i.e.,
PK nail, ,peg, steel pin, or hub) directly above, the centerline of the strrcture and record the
elevation of the marker along with all the oharactaristiw of the utility,
• All horizontal and vertical data shall meet survey standards in accordance and as detailed by the;
Engineer
• Provide the following as part of the borehole test infer-mation
a. Elevation top and bottom of the utility tied to the datuum and or furnished
information by the Engineer, The accuracy of the vertical elevation shall be,
within ( +/- l ft).
b, Elevation or the existing grade over the utility test borehole and the pavement
and backfill material
c Horizontal location referenced to the provided dawn and or as requested by the
Engineer
d. Obtain pipe, duct bEwk, encasement, and multi- conduit confrguratioa width
(outside diameter)
e. Provide utility structure material composition and condition
£ Identify benchmarks uscd to determine elevations and include it as part of the
final deliverable report.
g. Identify and provide pavement thickness, material and condition and soil type
characteristics,
251 -40
CITY OF SANTA ANA
RFP NO,: 16.114
SUEFURFACE UTILITY EiN'GINEERINGSERVICES
• All completed reports shall be certified to be correct and signed by a professional land surveyor
registered in California, (Only if required by the Engineer), Work under this category will be
paid on hourly basis.
• Backfrll all test holes shall be backfilled with in -kirrd .material and compact to a relative
compaction of 90 %,
• Borellolos greater than 2RI shalt be paved and match existing pavement thickness section unless
stated otherwise and or approved by the Engineer.
Clean and sweep work site at the end of the work day,
« Provide additional surveying, and undergrornd utility snapping services at an hourly rate
General R.eguirernettts and Pi,oiect Deliverables°
• All work for this work. for traffic control shall be done in accordance with the Federal Highway
Administration's Manual (MUTCD)
• The selected firrn/s shall obtain all necessary permits from the City and local jurisdiction prior to
commencing any of the work 11 P'ub'lic Right of Way,
• Any work required on private property shall be authorized by the Enjpleer prior to corrnnencement
o:f wad.,
• All wort. shall 'be, done in accordance with ASCE Standard 38.02; Standard Guideline for the
collection and depiction of the existing subsurface utility data.
• The firnr/s shall securc all permits to worlc in the City. These fees are not reimbursable.
• All work shall be performed to the specific project and or location as detailed ill the notice to
proceed and indicated by the Engineer.
• All reports and technical memoranda shall be submitted electronically to City and shall include all
the information as required and detailed in the notice to proceed, All Computer Aided Drafting
Design (CADD) work shall be, submitted on electronic format Whorostation). In addition, a hard
copy of the project findings and a digital file in Microstation shall be submitted to fhe engineer for
reviewbo[are final approval and final payinent is authorizers.
A list of positions and hourly rates shall be included as part of the proposal and included in the seal bid
package, See Attachment 4— ADDITIONAL PROVISIONS for a sample breakdown.
The consulting orris are responsible for any damage to utilities during the locating efforts.
Consultant Responsibilities:
Consultant Audit find Review Process: Prior to awarding the contract, the selected Consultant shall be subject to
an audit or review by Caltrans' Audits and Investigations (AM), other state audit organizations, or the federal
government. The selected Consultant shall cornptete Exhibit I0 -1{ — Consultant C:ertitioation Contract Costs
and Financial, in the Appendix of this RFP as Attacli vent 4.
• Time is of the essenco and work shall commence within 5 days of the Notice to Proceed for planned
underground utility locating services,
251 -41
CITY OF SANTA ANA
RFP NO,: 16 -114
SUBFURFACE UTILITY ENGINEERING SERVICES
The consultant shall be available to provide on -call services within 48 -hours for unplanned utility
locating services,
City Responsibilities:
The City will provide information in its possesslon 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,
Fee Proposal:
lu addition to Section IY,13,3 (Submittal Requirements: Fee Proposal) fee schedule shall be stiuctur•ed as follows:
• for Caltrans handed projects, ref recce LAPVl Exhibit 10 -H (samaple cost proposal) and hicl,ude ht
Attachment 4.
• The City will select up to (three) fines to provide the setvicas
• The fee proposal shall uiclude the firm's standard hourly fee schedule, and /or project fee
schedule where applicable and as outlined in this this documents.
Special Reguirement,s (Attachment 4):
_Compliance with Regu rements �U Avoncv use as appropriate /delete reused seotious:
If Ctu trans:
This project is funded through XXXX and shall comply with all requirements ofXXX'X
The attached forms must be completed in their entirety and submitted with your proposal:
LAPM E.xlaibit IO -H: Sample Cost Proposal
« LAPM Exhibit 10-1: Notice to Proposers, DBE Information
LAPM Exhibit 1.0.01:. Consultant Proposal DBE Commitment
• LAPM Exhibit 10 -Ii: Consultant CertiCeation of Contract Costs and Financial management System
Ir the project will be financed by federal farads all services rendered shall meet all required federal requirements
included in this request Pot proposal, Consultants are advised that, as required by federal law, the City of Santa
Ants is implementing the new Race Conscious Disadvantaged Business Enterprise (DBE) Program, The DBE
goal for this contract is 9.60 %.
251 -42
EXHIBIT B
j
L:
>
14280 Euolicl Ave
Chino, CA 91710
1. 888- 90.13EC,CW
* *Fee Proposal
Gode
service
Cost
Ground Penetrating
Radar
851
Supervising 'technician I Concrete I Masonry - Location of reinforcing steel, conduit....,,..
$
175.00
per hour
352
Travel Time I Per Man ................ ........... .. ....................... ..:............ .....................................
$
110.00
per hour
Utility Locating • 13164trohiagnotio Locator
$74
Stipervlsing Technlolan I Locate Electrical, Comm., Water, Power, Ges, Sewer& Storm..
$
175.00
per hour
975
Locating Tachnblan i See terms and conditions for requirements ... .... .............. ....... ..........
$
130.00
per hour
37eTravel
Time I Per Crew ..............-.:,....—..,..........:............,..:.,.::..,....., ..:..:.............
$
195.00
per hour
Mapping
282
Mapping Party.._ ............... - ........ ....,..,................... :...,..................... :.............. ........... .::....
$
215.00
per hour
383
AutoCAO drawings I Utilities ........... .... ...................... .:......... ........................ ...........:......
$
85.00
par hour
384
Travel Time l Per Man .. .... .......... .........:..............:................... ..... .... ..... ........ .........:..........
$
110.00
per hour
CCTV Pipe
inspection
385
Video Pipe Inspection .............:.... .. .............................. :...........;:.....:..:. .._..........- ...............,$
3'1 (L00
per hour
386
hllgh Pressure Hydro-Jelling .......... .... ..:..:............ ....... ........... ................... I ............ ..,..,:.....
$
300.00
per hour
387
Travel Time i CCTV Crew ..... ..... ....... ............,.................,............................ .... ... ...................
$
225.00
per hour
388
Travel 'rims i Water Jetting Crew........... ....... ............ .:.....:.. .... ......... . ..:.:........................ —.
$
225.00
per hour
Potholing
600
Standard Pothole V x 1 :x 5' .....:.......... .......... .... ... ..... ..:........ --- ....... ...... ... ............... .......
$
550.00
per hole
6P1Pothole
l' x t' x 5' -10' deep ........................................:........................ ..............................$
600.00
per hole
602
Pothole V x V x W-1.5' deep ..,..;�, .....: ... . .............................. ..........
g
650.00
per hole
603
Pothole Vx V x 15' -20' deep .......... .......... ......._....._.,.._...... �.,_........... ..............................
$
850:00
per note
604
Traffio Control - price mrjoet to ohangswlllxout notice ...................... .............._..�...,.....,.,$
800.00
per day,
606
Traffic Control Plains .... ..., .............:......... .................. — ...... — ... ,. , .........,.:,,........
$
600.00
par page
606
Pothollny ... , ... ., ... -:.................:.. ...,..,...:..... ... ...:.,......
$
475.00
par hour
607
Travel Time i Per Crew ..........:......._..................,.......—.............,.......:.... ...............................
$
225.00
par hour
Addition{ Porn
3$9 AdminNdritlan I Project Coordination--,.............
390 Per Olson I Per technician ..... ...............................
C Below terms R Condlllons apply to all services.
"Potholes I Trenching deeper than 20 feet must call for additional pricing
"16% Overtime charges applies to all services for Saturday Work
'%% Overtime charges applies to all servlces for Sunday work
251 -43
..,.,..--- ...............$ 95,00 porhour
...... ---- ., ... - ..... . $ 150.00 per day
wvamchelow.com Page 1
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251 -44