HomeMy WebLinkAboutATLAS TECHNICAL CONSULTANTS, LLCN INSURANCE NOT ON FILE
L, WORK MAY NOT PROCEED
N CLERK OF COUNCIL
a DATE:
O:vWa(McVk orhL,)(I)u,
CONSULTANT AGREEMENT
CITY OF SANTA ANA
N-2021-053
THIS AGREEMENT is made and entered into this 4 h day of May , 2020 by and between Atlas
Technical Consultants, LLC, ("Consultant"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
geotechnical, special inspection, & material testing to provide quality assurance for its Capital
Improvement Program on an as -needed basis.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable
in its field and that any services performed by Consultant under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional consulting
firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF WORK
On an on -call basis, and at the City's sole discretion, consultant shall perform during the term of
this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental
customary work required to fully and adequately complete the services described and set forth in Scope
of Work - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant
under this agreement. Consultant shall be paid only of actual services performed under this
agreement at the rates and charges identified in Exhibit B. The total amount to be expended
under this Agreement shall not exceed $25,000 during the term of this Agreement, including
any extension periods exercised under Section 3.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
he made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term, unless
terminated earlier in accordance with Section 16, below.
4. PREVAILING WAGES
Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws.
Consultant 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
Consultant 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-employce relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided
in a manner consistent with all applicable standards and regulations governing such services. Consultant
shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
taxes relating to employees and shall be responsible for all applicable withholding taxes.
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 Consultant
under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant 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 Consultant'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,
and representatives as additional insured(s); (b) be primary and not contributory 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 provisions of Section 3700 of
the Labor Code, Consultant, if Consultant 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, Consultant agrees to
obtain and maintain any employer's liability insurance with limits not less than $1,000,000
per accident.
d. If Consultant 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 Consultant pursuant
to this section:
i. Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
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 canceled or reduced
in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance provides
coverage greater than those listed by this Agreement, the amounts provided by the
certificates of insurance shall be incorporated by reference into the Agreement.
V. Consultant shall supply City with a fully executed additional insured endorsement.
f. If Consultant 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 Consultant's right to be paid
for its time and materials expended prior to notification of termination. Consultant 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
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (e) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services. Conflict may be further
specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, 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.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto
and incorporated in this Agreement by reference.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant,
and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Consultant or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for
all services performed by Consultant prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
17. 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.
18. 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.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference. No Exhibit D is attached in the
absence of additional provisions.
b. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
21. 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
With courtesy copies to:
Nabil Saba, PE,
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
Kevin Ramirez
Senior Business Development Manager
Atlas Technical Consultants, LCC
14457 Meridian Parkway
Riverside, CA, 92518
Fax:951-888-3393
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
N-2021-053
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
°.•.
a;
Daisy Gomez U
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: Mf/W . -fw 4-
John Funk
Senior Assistant City Attorney
COMMENDED FOR APPROVAL:
Nabil Saba, PE,
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kri tine Ridge
City Manager
CONSULTANT:
Martin Lowenthal
Project Executive/General Manager
EXHIBIT A
SCOPE OF WORK
Appendix
ATTACHMENT
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
GEOTECHNICAL, SPECIAL INSPECTION & MATERIAL TESTING
FOR THE PUBLIC WORKS AGENCY
CAPITOL IMPROVE MENT PROGRAM
A. DESCRIPTION
The City desires to engage a professional consultant(s) to perform geotechnical, special inspection & material
testing to support delivery of the City's Capital Improvement Program (CIP), while maintaining the highest
quality construction standards.
The City is soliciting proposals to assist in the delivery of an ambitious $80 million CIP over the next five
years. Projects include street pavement, traffic signals, underground utilities, building, and park facility
improvements. The selected firm is expected to provide inspections and material testings for construction
involving grading, soils, base material, reinforced concrete and masonry, asphalt concrete, structural steel,
painting and to provide other quality assurance services when required.
The selected consultant may enter into an agreement with the City to provide inspection and material testing
services on an as -needed basis.
B. SCOPE OF SERVICES
1. GEOTECHNICAG, SPECIAL, INSPECTION, AND MATERIAL TESTING
The required services shall include, but not be limited to, the following:
SPECIALINSPECTION
1. Provide special field inspections and compaction tests for grading, trench backfill and asphalt
concrete pavement construction according to the project special provisions, the Standard
Specifications for Public Works Construction ("Green Book") and Caltrans Standard
Specifications. Submit daily field reports to the City and a final report after work is completed.
2. Provide inspections for installation of precast and cast in -place concrete, welding, high
strength bolts, structural steel, masonry, painting and other types of work in accordance with
the California Building Code (CBC) and the contract documents. Submit field reports to the
City immediately after inspections are completed. All deputy inspectors shall register with
the City's Planning and Building Agency prior to start inspection.
3. Perform tests on various construction materials as required by the City.
4. Inspectors who perform work in confined areas or at elevated levels shall be certified or trained for
confined space and fall protection.
5. Recommend testing method on defective work and advise the City of acceptance standards.
6. Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for
other materials at their source as required by the project specifications.
7. Provide other quality control services as requested by the City.
8. Field reports shall be submitted daily to the City. Submit and distribute typed inspection and material
testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance
with "Green Book" and "CBC" requirements and to other concerned parties within a week after the
work is performed.
9. Submit a final report to the City within five working days upon completion of each project.
MATERIAL TESTING
• Testing lab shall have the ability to perform a wide variety of construction material testing; i.e.
soils, Portland cement concrete, asphalt concrete, reinforcement, structural steel, welding, paint,
etc. as required for road widening projects, sub -surface projects, building, bridges, etc.
• Comply with the City's Quality Assurance Program (QAP). The City has adopted Appendix Y
of the Caltrans Quality Assurance Program with related attachments. A copy can be provided
upon request.
• Engineer of record for all inspection and materials testing services required under this contract
shall be registered as a professional engineer in the State of California.
• Possession of applicable certifications for all personnel and laboratories. Certifications shall be
valid, up-to-date, and a copy of each provided to the City at the award of the contract.
• Understanding of and extensive experience with Federal (FEMA), National and/or applicable
International (AASHTO and/or ASTM), State (Caltrans) and Local guidelines, procedures, and
certifications for laboratory and personnel assigned to projects.
• Laboratory facilities and staff shall have and maintain current Caltrans accreditation throughout
duration of contract. Verification of required qualifications for these accreditation is required to
be submitted with the proposal.
• All labs providing testing to primary consultant shall have the same licensing, accreditation, and
certification requirement as primary consultant.
ADDITIONAL REQUIREMENTS
Some of the city projects are funded by Federal or State grants, the selected consulting firm must
comply with all requirements of Caltrans Construction Manual including the following:
prtaficatipn of Egrrsgnnel
1. The personnel who will conduct the material sampling and testing must be certified. They must
be certified by Caltrans' District Materials Engineer, and, optionally, the National Institute
Certification of Engineering Technologies, or other authority acceptable by the Construction
Engineer of the City to be proficient in accepting sampling and testing.
2. A copy of each person's certificate must be on file in the office of the Principal Civil Engineer.
The certificate shall list the type of work which the individual is authorized to perform.
3. The testing laboratory must be under the supervision of a registered engineer with experience in
inspection and testing of construction materials. This engineer shall certify the results of all tests
performed by the lab personnel under his/her supervision.
4. The selected firm must maintain the laboratory testing equipment in accordance with recognized
national standards.
5. The selected firm must have an independent assurance testing and sampling program. This
program can be performed either by their own personnel not involved in the acceptance testing
and sampling, or by another quality assurance organization.
6. Correlation Testing Program: The Materials Laboratory shall be a participant in one or more of
the following testing programs:
a. AASHTO Materials Reference Laboratory (ARML)
b. Cement and Concrete Reference Laboratory (CCRL)
c. Caltrans' Reference Samples Program (RSP)
Aeggoance of Testing and Sampling
The selected testing laboratory shall conduct acceptance testing of materials on the first day when
work is performed, and continues daily until the work is completed.
Reporting Test Results
1. When aggregate samples are taken at the material source results of sand equivalent, cleanness
value, and sieve analysis shall be submitted to the Resident Engineer within 24 hours.
2. When soils and aggregate samples are taken at the job site, results of these tests shall be
submitted to the Resident Engineer within 24 hours.
3. Results of compaction and density tests taken at the job site shall be submitted to the Resident
Engineer within 24 hours.
4. When asphalt concrete samples are taken at the plant results of the gradation, oil content, and S-
value shall be submitted to the Resident Engineer within 96 hours.
5. When asphalt concrete compaction tests are done at the site the results shall be made
immediately available to the Resident Engineer.
6. All other tests required by the project shall be submitted to the Resident Engineer within 24
hours.
Independent Assurance Sampling and Testing
The selected firm shall establish and maintain an Independent Sampling and Testing (ISAT)
program:
1. To verify that the project's sampling and testing is performed correctly by the testers and
samplers.
2. To ensure the equipment is properly calibrated.
3. To provide the Resident Engineer with a copy of the program to ensure that the program is
carried out.
4. To provide the Resident Engineer with a report indicating actions to be taken by the selected
testing firm when discrepancies are found between ISAT and acceptance tests (AT).
C. CONSULTANT RESPONSIBILITIES
Consultant Audit and Review Process: Prior to
subject to an audit or review by Caltrans'
organizations, or the federal government.
D. CITY RESPONSIBILITIES
awarding the contract, the selected Consultant shall be
Audits or Investigations (A&I), additional state audit
1. Furnish construction plans and specifications to the consultant.
2. Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for
the required inspections and tests.
E. SPECIAL REQUIREMENTS
This agreement may be funded, in part, through Federal and Measure M2, therefore requiring
compliance with all requirements of Caltrans, OCTA and/or the U.S. Department of Housing and Urban
Development, Community Development Block Grant Program and as such is subject to the conditions
of the Section 3 Contract Clause. Proposer shall comply with all requirements as they pertain to the use
of these funds; refer to Appendix Attachment 5.
The following forms in the Appendix (Attachment 5) must be completed in their entirety and submitted
with your proposal:
■ LAPM Exhibit 10-H:
Fee Proposal
■ LAPM Exhibit 10-I:
Notice to Proposers, DBE Information
■ LAPM Exhibit 10-K:
Consultant Certification of Contract Costs & Financial management system
■ LAPM Exhibit 10-01:
Consultant Proposal DBE Commitment
IT SHALL BE THE RESPONSPILITY OF THE CONSULTANT TO VERIFY THAT THE LATEST
VERSION OF THESE DOCUMENTS IS USED IN THE PROPOSAL. LATEST FORMS CAN BE
FOUND CALTANS WEBSITE, CHAPTER 10: www.dot.ca. og v/hq/LocalPrograms/lam/CHI0.htm
If the project will be financed, in part, by federal funds all services rendered shall meet all required
federal requirements included 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 Business
Enterprise (DBE) Program. The DBE goal for this contract is 6%.
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or
their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Scope of
Work prior to submitting a response to this Request for Proposal (RFP).
• The Consultant shall perform work to produce a high quality, professional and complete work
product.
• Consultant must have experience with State and Federal funded projects. All work shall be
performed in conformance with all applicable regulations, policies, procedures and standards.
• The Consultant shall carry out the instructions received from the City and shall cooperate with the
City and other agencies.
• The Consultant has total responsibility for the accuracy and completeness of the work produced.
The work will be reviewed by the City for conformity with the requirements of the Agreement.
Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The
responsibility for accuracy and completeness of such items remains solely that of the Consultant.
• The Consultant shall be responsible for coordination and supervision of all work performed by its
sub -consultants. The Consultant shall review all work performed by its sub -consultants and the
responsibility for accuracy and completeness of work performed remains solely that of Consultant.
• The Consultant shall have a Quality Control Plan (QCP) in effect during the entire time work is
being performed under the Agreement. The QCP shall establish a process whereby work products
are independently checked, corrected and back checked. All projects related correspondences and
documents should be maintained and bound in appropriate project files. Additionally, all electronic
files shall conform to the City's file naming system. The consultant shall submit their QCP as part
of the response to this RFP.
• The Consultant shall diligently work on each assignment and complete each task in accordance with
the schedule and accommodate the City's needs.
• The Consultant's work will be subject to inspection and audit by City, County, State and Federal
representatives.
• Project files including copies of all correspondences, reports, documents, and electronic files shall be
submitted to the City when requested and electronically updated monthly.
• All work, including reports, analysis, data, and intellectual properties developed during the life of the
Agreement shall become the properties of the City.
• The Consultant will receive written notification of the award of the contract. Upon on such
notification, the Consultant will proceed with the services required by the Agreement.
• This agreement is subject to compliance, monitoring and enforcement by the State of California
Department of Industrial Relations. Consultants are required to inform themselves fully of the
conditions relating to labor under which the work will be performed. In accordance with the
California State Labor Code, prevailing wage rates apply per the following link.
http://www.dir.ca.voy/Rublic-workL/publicworks.html
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates
FEE SCHEDULE
MASTER FEE SCHEDULE
CITY OF SANTA ANA
ON -CALL GEOTECHNICAL, SPECIAL INSPECTION & MATERIAL TESTING SERVICES
NOT TO EXCEED $25,000.00 WITHOUT PRIOR AUTHORIZATION
a
Concrete and Aggregate Tests
ProfesslanalandProfeclManagement
Description
Unit
Rate Unit
Staff Type
Unit Rate Unit
Specific Gravity& Absorption Coarse Agg. ASTM C127
$
100.00 Each
Geotechnical/Civil Engineer
$ 165.00 Hour
Specific Gravity& Absorption Fine Agg. ASTM C128
$
100.00 Each
Principal Engineer/Geologist
$ 165.00 Hour
Lightweight Concrete Unit Weight ASTM C495
$
35.00 Each
Staff Engineer
$ 125.00 Hour
Sieve Analysis, Coarse Aggregate ASTM C136
S
100.00 Each
Project Manager
$ 100.00 Hour
Sieve Analysis, Fine Agg#4 to#200 ASTM C117/C136
$
100.00 Each
LA. Rattler, ASTM C131 or C535/Cal 211
S
300.00 Each
Inspection and Technicians
Unit Weight of Aggregates, ASTM C29
$
120.00 Each
Staff Type
Rate Cost
Moisture Content of Aggregate ASTM C29
$
70.00 Each
Concrete
Multi -Disciplined Lead Inspector
$ 95.00 Hour
Shrinkage, set of 3, ASTM C157
$
370.00 Each
Soils/Asphalt Engineering Technician
$ 92.00 Hour
Compression Cylinders ASTM C39
$
20.00 Each
Reinforced Concrete/Shotcrete Inspector
$ 98.00 Hour
Compression, 3X6 Cylinders Lightweight ASTM C495
$
35.00 Each
Batch Plant Inspector
$ 85.00 Hour
Compression, 2X2 Cubes, each age, ASTM C109
$
35.00 Each
Post -Tensioned Concrete Inspector
$ 92.00 Hour
Concrete Core Compression ASTM C42
$
45.00 Each
Reinforcing Steel - Off -Site Sampling
$ 85.00 Hour
Shotcrete Core Compression ASTM C42
$
50.00 Each
Anchor/Dowel installation Inspection
$ 88.00 Hour
Splitting Tensile, 6X12 Cylinders, ASTM C496
$
75.00 Each
Masonry Placement Inspector
$ 88.00 Hour
Unit Weight of Concrete Cylinders, ASTM C567
$
45.00 Each
Structural Steel Welding Inspection
$ 92.00 Hour
Unit Weight of Lightweight ASTM C495
$
55.00 Each
Structural Steel Shop Fabrication Inspection
$ 100.00 Hour
Flexural Strength of Concrete, ASTM C78 or C495
$
50.00 Each
Structural Steel Shop Fabrication Inspection - Out of Area
S 110.00 Hour
Moisture Vapor Emission- Calcium Chloride ASTM F1869
$
45.00 Each
Flberwrap Adhesion Technician
$ 100.00 Hour
Relative Humidity in Concrete ASTM F2170
$
60.00 Each
Firestopping Inspection
$ 110.00 Hour
Proof Load Testing- Equipment Included
$ 135.00 Hour
Masonry Tests
Floor Flatness Technician
$ 175.00 Hour
Description
Unit
Rate Unit
Ground Penetrating Radar
$ 175.00 Hour
Non -Destructive Testing(ASNT)
Grout Prism- Compression Test ASTM C1019
$
35.00 Each
Level III Review
$ 145.00 Hour
Compression, Mortar Cylinders, ASTM C39
$
25.00 Each
Magnetic Particle Testing Level ll
$ 95.00 Hour
Compression, Grout Cylinders, ASTM C39
$
25.00 Each
Ultrasonic Testing Level ll
S 95.00 Hour
Compression, Masonry Core, ASTM C140
$
75.00 Each
Dye Penetrant Level 11
$ 95.00 Hour
Shear, Masonry Core, CCR Title 24
$
100.00 Each
Radiographic Inspection
Quote Upon Request
Epoxy Grout 2x2x2 Cube Compression ASTM C579
$
35.00 Each
Coring
Masonry Composite Prism Compression ASTM C1314
$
160.00 Each
Coring Machine Operator
$ 130.00 Hour
Masonry Unit Compression Net Area ASTM C140
$
85.00 Each
Helper (Add Per Hour)
$ 8S.00 Hour
Absorption & Moisture of Block ASTM C140
$
120.00 Each
Wood Framing Inspection
S 92.00 Hour
Dimensional Measurement -Masonry Units ASTM C140
$
75.00 Each
Laboratory Technician - Rush Testing
$ 75.00 Hour
Masonry Unit Compression Gross Area ASTM C140
$
110.00 Each
Additional Inspection Services
Quote Upon Request
Glulam Fabrication Inspection
$ 120.00 Hour
Reinforcing Steel Tests
Description
Unit Rate Unit
SoilsandAsphalt
Bend Test of Rebar#11 ASTM A370
$
100.00 Each
Description
Unit Rate Unit
Bend Test of Rebar#14 ASTM A370
$
170.00 Each
Bend Test of Rebar#3-#10 ASTM A370
$
55.00 Each
Asphalt Content by Ignition
$ 160.00 Each
Tensile#11 Reber ASTM A370
$
100.00 Each
Burn -Off Method ASTM D6307
$ 300.00 Each
Tensile#14 Reber ASTM A370
$
170.00 Each
Bitumen Content (extraction), ASTM D2172
$ 200.00 Each
Tensile Test#3-#10 ASTM A370
$
55.00 Each
Bitumen Content Cal 382 Ignition Furnace
$ 150.00 Each
Gradation of Extracted Sample, ASTM C 136
$ 120.00 Each
Structural Steel Tests
Maximum Theoretical Specific Gravity ASTM D2041
$ 160.00 Each
Description
Unit Rate Unit
Compaction, Modified Proctor ASTM D1557/D698
$ 225.00 Each
Corrosivity D4972, G57, D4327, D46589M
Quote Upon Request
Hardness Test, Brinell ASTME 10
$
30.00 Each
Expansion Index Teat UBC 29-2/ASTM D4829
S 120.00 Each
High Strength Bolts/Nuts/Washer Compliance Test ASTM
$
285.00 Each
Liquid Limit, Plactic Limit and P.I. ASTM D4318
$ 100.00 Each
Chemical Analysis
Quote Upon Request
Particle Size Analysis of Soil 44 to Fines ASTM D422
$ 270.00 Each
Tensile Strength
$
200.00 Each
Particle Size Analysis of Sall 3" to Fines ASTM D422
$ 170.00 Each
Bolts Proof Load or Ultimate
$
115.00 Each
Percent Finer than#200 Sieve ASTM D1140
$ 75.00 Each
Nuts Proof Load
$
60.00 Each
Sand Equlvalent ASTM D2419
$ 120.00 Each
Washers Proof Load
$
60.00 Each
Sieve Analysis of Extracted Aggregate ASTM D5444
$ 100.00 Each
Hardness (Rockwell)
$
60.00 Each
Sieve Analysis, 3" to #200 Gradation ASTM C117
$ 95.00 Each
Weldment Testing (Mild Steel Not Over l"Thick)
Sieve Analysis Minus#200 by Wash ASTM D1140/C317
$ 65.00 Each
Transverse Tensile
$
120.00 Each
Soil Moisture/Density In Situ Sample ASTM D1587
$ 50.00 Each
Transverse Side Bend
$
80.00 Each
Marshall Compaction- tab Mix per Point ASTM D 1559
$ 200.00 Each
Transverse Root and Face Bend
$
80.00 Each
Marshall Compaction Lab Mix Set of 3ASTM D 1559
$ 225.00 Each
Macroetch
$
BO.00 Each
Marshall Stability& Flow per Point ASTM D 1559
$ 50.00 Each
0.505" Tensile Specimen
$
125.00 Each
Marshall Stability& Flow Set of 3 ASTM D 1559
S 165.00 Each
Charpy V-Notch Specimen
Quote Upon Request
Water Soluble Sulfate
$ 90.00 Each
pH ASTM D4972
$ 92.D0 Each
"R" Value ASTM D2844/CT 301
$ 250.00 Each
Soil Classification ASTM D 2487
$ 280.00 Each
CITY OF ANA ON -CALL GEOTECHNICAL, SPECIAL INSPECTION AND MATERIALS TESTING SERVICES 20
FEE SCHEDULE
MASTER FEE SCHEDULE
CITY OF SANTA ANA
ON -CALL GEOTECHNICAL, SPECIAL INSPECTION & MATERIAL TESTING SERVICES
NOT TO EXCEED $25,000.00 WITHOUT PRIOR AUTHORIZATION
Prestressing Steel Tests a
Description Unit Rate Unit Description Unit Rate Unit
Yield Strength, Breaking Strength, Elongation $ 300.00 Each
(add $ 25.00 per test; for Modulus of Elasticity)
Breaking Strength Only $ 195.00 Each
Fireproofing Tests
Fireproofing Adhesion/ Cohesion Test Kit ASTM E736
Fireproofing Density Test ASTM E605
Miscellaneous
Description
$ 45.00 Each
$ 35.00 Each
Unit Rate Unit
Pull -Off Strength ofCoa0ngs ASTM D4S41
$ 40.00 Per Set
Tensile Properties of Polymer Matrix Composite Materials
$ 650.00 Each
ASTM D3039
Concrete Mix Design Review
$ 150.00 Each
Preparation of WPS, FOR, or Welder Certificate
$ 150.00 Hour
Welder Qualifications
$ 150.00 Hour
Weld Procedure Review
$ 150.00 Hour
Certified Payroll Compliance
$ 100.00 Week
Outside Services/Reimbursables
Cast +15%
Shipping Charges
Cost+ 15%
Parking/Tolls
At Cost
Deputy Inspectors
Travel Time (Beyond 75-Mlle Radius of Project Site)
$ 50.00 Hour
Per -diem, Including Lodging (Beyond 75-Mile Radius)
Quote Upon Request
Nuclear Gauge Transportation Fee (if Not Stored Onsite)
Portal to Portal
Skidmore Wilhelm- Bolt Tension Equipment
$ 95.00 Day
Sample Pick -lip
$ 50.00 Trip
Work from D4 hours
4-Hour Minimum Billing
Work from 4-8 hours
8-Hour Minimum Billing
Work over 8 hours per day, or on Saturdays
Time and One -Half
Work over 12 hours per day
Double Time
Work on Sundays/Holidays
Double Time
Show -Up Time
2-Hour Minimum Billing
Shift Differential
$ 10.00 Hour
Same Day Callout
Time and One -Half
Personnel are billed in four (4) houraM eight (8) hour blocks. Work over eight (81 hours per day, the first twelve (12) hours of work on Saturday, and work over forty (40) hours perweek is billed at 1.5
times the above hourly rates. Any work over twelve (12) hours on Saturdays and work performed on Sundays or holidays is billed at 2.0 times the above hourly rates. Requested services which are
required to be subcontracted by Unked-Heider Inspection Group will be billed at cast plus fifteen percent (15%). A two(2) hour minimum is billed forcencellation of Inspection person col less than faur14)
hours in advance of the scheduled Inspection time. Steel fabrkatlon shop inspection that Is required at a distance greater than fifty (50) miles From our Riverside, California office will have billable trawl
costs including, but not limited to, commercial transportation at cost plus fifteen percent (15%), vehicle mileage at the above rate, travel time at the Inspector's hourly rate, and Per them expenses not to
exceed $120.00 per day. Approximately one (1) hour of engineering (registered geotechnicxl engineer for wik inspections and certified engineer for all other types of Inspections( Is billed for every fort,
(40) hours of Reid inspection time. Delinquent Invoices may bs subject to Interest service charges, and collection expenses, including attorney's fees, at our discretion. Interest is assessed at a rate of
0.03291%per day (12%annually) for each day the Invoice is past due. The date an Invoice Is due Is determined to be the Invoice date plus thirty (30) days.
Escabtlon In Prevailing Wage hourlyrates will be calculated using the percentage of Innease Issued by the State ojColUbmia Director of IndusMal RebWns
CITY OF ANA ON -CALL GEOTECHNICAL, SPECIAL INSPECTION AND MATERIALS TESTING SERVICES 21
EXHIBIT C
CERTIFICATIONS
Appendix
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
GEOTECHNICAL, SPECIAL INSPECTION, & MATERIAL TESTING
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid
is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or
solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or
agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has
not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other
BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false
certification may subject the certifier to criminal prosecution.
Signed
State of California
County of Riverside
Subscribed and sworn to (or affirmed) before me on this 14th day of August , 20-?g by Martin B. Lowenthal
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary Public Signature
Notary Public Seal
Appendix
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
GEOTECHNICAL, SPECIAL INSPECTION, Be MATERIAL TESTING
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and
belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure
of Lobbying Activities".
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of
this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify
and disclose accordingly.
Firm Atlas Technical Consultants, LLC
Signed and Printed Name: Martin Lowenthal
Title Project Executive/General Manager
Date
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
GEOTECHNICAL, SPECIAL INSPECTION, & MATERIAL TESTING
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
The Consultant shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without, regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the
Consultant, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of the Consultant's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole
or in part and the Consultant may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or
as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the
administering agency may direct as means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened
with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the
Consultant may request that the United States enter into such litigation to protect the interests of the United
States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works because of race, religious
creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such
persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject
to all the penalties imposed for a violation of the Chapter.
Signed:
Title: Project Executive/General Manager
Date: August 13, 2020