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HomeMy WebLinkAboutItem 10 - Agreements for On-Call Construction Management and Inspection ServicesPublic Works Agency www.santa-ana.org/public-works Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 3, 2023 TOPIC: Agreements for On -Call Construction Management and Inspection Services AGENDA TITLE Approve Agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering for On -Call Construction Management and Inspection Services in an Aggregate Amount Not to Exceed $3,000,000, for up to a Five -Year Term RECOMMENDED ACTION Authorize the City Manager to execute agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering to provide on -call construction management and inspection services for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning October 3, 2023 and expiring on October 2, 2026, with the provision for one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On July 18, 2023, the Public Works Agency (PWA) released Request for Proposals (RFP) No. 23-122 to select six consultants to provide on -call construction management and inspection services on an as -needed or on -call basis for the City of Santa Ana's PWA Construction Engineering division (Exhibit 1). These services are required to augment City staff efforts to complete delivery of capital improvement projects involving public works infrastructure and City facilities. The RFP was advertised on the City's online procurement management and publication system, PlanetBids, with electronic proposals due on August 8, 2023. Twenty-five responsive proposals were received and evaluated by a selection committee comprised of PWA staff and based on criteria outlined in the RFP, the top five consultants were selected. The following table summarizes the responding firms and their rankings: Firm City AKM Consulting Engineers Irvine, CA Anser Advisory Management, LLC Santa Ana, CA Agreements for On -Call Construction Management and Inspection Services October 3, 2023 Page 2 Firm City Ardurra Group, Inc. Newport Beach, CA Cannon Irvine, CA Willdan Engineering Anaheim, CA Based upon the scope of work and selection criteria outlined in RFP 23-122, Staff recommends awarding on -call agreements with the top five responding professional construction management firms, allowing the firms to bid on future engineering task orders (Exhibits 2-6). The selected proposals demonstrate that these firms have the necessary capacity and expertise to complete the required services. The consultants' rates are reasonable and within industry standard, the teams' qualifications are appropriate, and the selected proposals were determined to provide the best value for the City. FISCAL IMPACT There is no fiscal impact at this time. The Public Works Agency will follow the established on -call services process during the FY 2024-2027 contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on -call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $3,000,000. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. City Facilities License Agreement 01117605-62300 Traffic and Transportation Engineering 01117620-62300 Traffic Signal Maintenance 02917620-62300 Sanitary Sewer Enterprise 05417617-62300 Sanitary Sewer Enterprise 05517660-62300 Sanitary Sewer Enterprise 05617640-62300 Fed Clean Water Protection 05717640-62300 Residential Street Improvement 05817660-62300 Water Enterprise 06017645-62300 Water Enterprise 06617647-62300 Construction Engineering 08617611-62300 Design Engineering 08617612-62300 Traffic Engineering 08617620-62300 Administrative Services 10117601-62300 Development Engineering 10117605-62300 CIP Project Funding Various Agreements for On -Call Construction Management and Inspection Services October 3, 2023 Page 3 Division Street Lights Maintenance Account 01117630-62300 Roadway Marking/Signs 01117625-62300 Graffiti Abatement Program 01117642-62300 Street Trees 01117643-62300 Sidewalks 01117626-62300 Environment/Sanitation 06817640-62300 Roadway Cleaning 06817641-62300 Median Landscaping 02917635-62300 Roadway Maintenance PWA Right -of -Way 02917660-62300 01117622-62300 EXHIBIT(S) 1. RFP #23-122: On -Call Construction Management and Inspection Services 2. Agreement with AKM Consulting Engineers 3. Agreement with Anser Advisory Management, LLC 4. Agreement with Ardurra Group, Inc. 5. Agreement with Cannon 6. Agreement with Willdan Engineering Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 REQUEST FOR PROPOSALS (RFP) FOR ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO.: 23-122 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Edward Torres Senior Engineer (714) 647-5018 Office ETorres(&santa-ana.ore for Release: KEY RFP DATES (Sub ect to chance at discretion of City): Issue Date: July 18, 2023 Deadline for Requests for Information: August 1, 2023 Proposal Due Date: August 8, 2023 at 2:00 p.m. Projected Award Date: October 3, 2023 a Nabil Saba, .E. Executive Director Public Works Agency NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for On -Call Construction Management and Inspection Services. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than August 8, 2023 at 2:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following: "SEALED PROPOSAL FOR ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO.23-122 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Edward Torres Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For hard copy drop offs, visitors will be routed to deliver in the blue drop box on the 1st floor of Ross Annex across from the Public Works counter. Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at ho2s://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of Santa Ana RFP 23-122 Page 2 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 4 II. INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. CITY RIGHT TO REJECT I. BID PROTESTS III. SUBMITTAL REQUIREMENTS 8 A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD 10 A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION 10 A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS 11 VIII. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATION ATTACHMENT 4: PROJECT ATTACHMENTS City of Santa Ana RFP 23-122 Page 3 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana Public Works Agency (City) desires to enter into an agreement with a qualified consulting firm to lead efforts to provide on -call construction management and inspection services. Number of Proposals and Signature: Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company. The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum I I" x 17". Proposal Evaluation and Rating: The criteria for evaluating the RFP submitted will take the following items into consideration: • Firm/Team Experience 25% • Understanding of Need 30% • Relevant Project Experience 30% • Schedule of Delivery 10% • References 5% The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. City of Santa Ana RFP 23-122 Page 4 Project Funding: Funding sources for each project may vary and shall comply with the funding agency's requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP. Term of Contract Agreement: The City desires to enter into a contract with the top scoring firm for an initial three (3) year term with a City option for two (2) one (1) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this REP as Attachment 2. City of Santa Ana RFP 23-122 Page 5 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CoMPMID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. City of Santa Ana RFP 23-122 Page 6 F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." L CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 23-122 Page 7 III. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 1. STATEMENT OF QUALIFICATIONS a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. Exceptions taken to the proposed contract will contribute to overall proposal rating. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. City of Santa Ana RFP 23-122 Page 8 d. Understanding of Need/Schedule of Delivery: Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, and client name and contact information. City of Santa Ana staff may conduct site visits at select projects. f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include Scope of Services and Schedule which details the work phases to be completed, the task to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as "Fee Proposal." Cost, while not determinative, may be considered in the selection process. The selected firm will be expected to maintain the proposed billing rates throughout the first fiscal year of the contract, from June 19, 2023 through June 30, 2024. 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification City of Santa Ana RFP 23-122 Page 9 IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend award contracts to the three top-ranking proposers that will provide the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. For "On -Call" contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as -needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order. City of Santa Ana RFP 23-122 Page 10 VII. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 23-122 Page 11 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO.23-122 INTRODUCTION/PROJECT DESCRIPTION The City of Santa Ana intends to retain Construction Management firm on an as -needed or "On -Call" basis. A Professional Services Agreement will be entered into with multiple qualified firms to provide construction management services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may later be asked to provide construction management proposals on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. The firm shall provide general Construction Management services to support the construction efforts and serve as an extension of City staff to assist in the overall delivery of this project, including pre -construction tasks, managing construction and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Construction Manager or his authorized representative. City staff may assist in managing construction and will oversee the work of the Project Manager, Inspector, and Contract Administrator. Firms must provide construction management services and contractor administration in conformance with the requirements set forth in the State's Construction Manual, State's Local Assistance Programs and Procedures Manual, OCFCD encroachment permit/requirements, and other Agencies regulatory permits/requirements. The construction manager is expected implement contract requirements and comply with all Federal and local guidelines in order to execute successfully the project in a timely and cost efficient manner. City of Santa Ana RFP 23-122 Page Al-1 The majority of capital improvement and construction projects within the city includes, but is not limited to, the following: • Street rehabilitation • Sewer improvements • Storm Drain improvements • Bridge construction • New building construction • Water service and pipelines • Pump and motor improvements • Irrigation and landscaping • Site Improvements; concrete sidewalk, etc. • System controls and instrumentation • Streets and park lighting • Parks and Recreation facility improvements • Mechanical system • Electrical system • Traffic Signal Improvements Scope of Services The required services by the Project Manager, the Inspector and the Contract Administrator may include the following: RESIDENT ENGINEER / ADMINISTRATOR a. The PM shall represent the City Construction Manager in the field. The CM shall possess a minimum of (5) years' experience in construction management. b. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications or references that affirm the experience. 2. BID ANALYSIS a. Prior to the start of the project, the PM shall be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all sub -contractors have a valid City Business License. 3. STAFF REPORTS a. Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines. City of Santa Ana RFP 23-122 Page Al-2 4. GENERAL CONSTRUCTION ADMINISTRATION a. Coordinate with the City to define the roles and responsibilities during construction and develop a construction management plan. b. Co -lead pre -construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes. c. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements. d. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as- built records. e. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise. £ Manage the Construction Management Software PROCORE, coordinating with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team. g. Shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project. 5. SUBMITTAL/RFI REVIEW & PROCESSING a. The PM shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals"). Shall transmit the Submittals to City staffing for review and approval, and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals. b. PM shall develop, maintain, and manage all submittal/RFI logs. c. Determine the workflow on PROCORE for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team. 6. CONSTRUCTABILITY REVIEW a. Shall review project plans and specifications to determine its "constructability". Shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. Update the project schedule as required showing current conditions and revisions required by actual progress. City of Santa Ana RFP 23-122 Page Al-3 b. The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts. 7. CHANGE ORDER REVIEW a. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component. 8. SAFETY a. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations. 9. PROGRESS PAYMENTS a. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. b. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment. c. Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review. 10. INSPECTIONS a. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. b. Facilitate and coordinate inspection by representatives of other agencies. c. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections. d. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants. e. Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions. City of Santa Ana RFP 23-122 Page Al-4 11. CLAIMS a. Claims submitted by the contractor must adhere to the Public Contract Code Section 10240 and 20104. b. PM shall coordinate with City consultant on claim matters. c. Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim. Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions. 12. PREVAILING WAGE / LABOR COMPLIANCE a. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. b. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments. c. Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis. 13. CWA COMPLIANCE a. Shall monitor and enforce the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments. b. Outline responsibilities within the agreement and assist contractors in achieving the CWA goal. 14. PROJECT CLOSEOUT a. The PM shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue. b. Shall provide a close out report outlining any obstacles, violations, services performed, and final percentages achieved by the workforce as part of the CWA. c. Shall provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance. 15. COMMUNITY OUTREACH a. Attend and co -lead a pre -construction meeting with the community. Primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts. b. PM shall coordinate with the city's community liaison and communicate with the community regarding impacts related to the construction project. City of Santa Ana RFP 23-122 Page Al-5 16. FEDERAL REQUIREMENTS a. Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City. b. Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project. c. Compliance with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) authorized by the American Rescue Plan Act (ARPA). Review ARPA requirements for construction and enforce any regulations set forth by these funds. All tasks listed above shall be required on an as -needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project. Payment and Invoicing: Selected Construction Management Firm shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. A 10% retention will be held on every invoice through the project. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Consultant Responsibilities: Consultant shall provide all required insurance as outlines in Attachment 3 of this RFP. City of Santa Ana RFP 23-122 Page Al-6 Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CONSTRUCTION MANAGEMENT SERVICES RFP NO.23-122 THIS AGREEMENT is made and entered into on this day of , 2023 by and between ("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 o£ Constructability review, construction management, contract administration, inspection services and related construction activities for City capital improvement projects. 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 SERVICES 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 Services - Exhibit A, attached hereto and incorporated by reference. Page 1 of 11 Non -Fed Funding (6.1.2020) 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $xxxxxx 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 be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a with the option for the City to grant up to a renewals, exercisable by a writing by the City Manager and the City Attorney, 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 -employee 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. Page 2 of 11 Non -Fed Funding (6.1.2020) 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. 7. 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 Page 3 of 11 Non -Fed Funding (6.1.2020) of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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 Page 4 of 11 Non -Fed Funding (6.1.2020) 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; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 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 specified under this Agreement. Page 5of11 Non -Fed Funding (6.1.2020) 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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. Page 6 of 11 Non -Fed Funding (6.1.2020) 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. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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) Page 7 of 11 Non -Fed Funding (6.1.2020) M1901=00 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: 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. Page 8 of 11 Non -Fed Funding (6.1.2020) IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney BY: John Funk Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency (name) (title) Page 9 of 11 Non -Fed Funding (6.1.2020) EXHIBIT A SCOPE OF SERVICES Page 10 of 11 Non -Fed Funding (6.1.2020) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Page 11 of 11 Non -Fed Funding (6.1.2020) Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS 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 Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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 Signed and Printed Name: Title Date City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. 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 City of Santa Ana RFP Page A3-3 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: Firm: Date: City of Santa Ana RFP Page A3-4 EXHIBIT 2 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND AKM CONSULTING ENGINEERS TO PROVIDE ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 3rd day of October, 2023 by and between AKM Consulting Engineers ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 18, 2023 the City issued Request for Proposal ("RFP") No. 23-122 by which it desired to retain a consultant having special skill and knowledge in the field of construction management and inspection services on an on -call basis for the City's Public Works Agency. Said services are required to augment City staff efforts to complete delivery of capital improvement projects involving public works infrastructure and City facilities. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-122. 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 SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-122, 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 Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-122. The total compensation for services provided by all consultants selected under RFP 23-122 shall Page 1 of 10 not exceed the shared aggregate amount of $3,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on October 3, 2023 and end on October 2, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, 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 -employee 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. Page 2 of 10 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. (iii)Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. Page 3 of 10 (iv)Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. Page 4of10 (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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 Page 5of10 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 parry is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by City. Page 6 of 10 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 specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 consultant and/or contractors 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 Page 7 of 10 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. 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: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 8of10 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: Emin Kayiran, Vice President AKM Consulting Engineers 553 Wald Irvine, CA 92618 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. 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 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. [signatures contained on following page] Page 9 of 10 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND AKM CONSULTING ENGINEERS TO PROVIDE ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA JENNIFER L. HALL KRISTINE RIDGE City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ATHAN T. MART Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CONSULTANT: By:,"� Title: Page 10of10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO.23-122 The City of Santa Ana intends to retain Construction Management firm on an as -needed or "On -Call" basis. A Professional Services Agreement will be entered into with multiple qualified firms to provide construction management services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may later be asked to provide construction management proposals on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. The firm shall provide general Construction Management services to support the construction efforts and serve as an extension of City staff to assist in the overall delivery of this project, including pre -construction tasks, managing construction and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Construction Manager or his authorized representative. City staff may assist in managing construction and will oversee the work of the Project Manager, Inspector, and Contract Administrator. Firms must provide construction management services and contractor administration in conformance with the requirements set forth in the State's Construction Manual, State's Local Assistance Programs and Procedures Manual, OCFCD encroachment permit/requirements, and other Agencies regulatory permits/requirements. The construction manager is expected implement contract requirements and comply with all Federal and local guidelines in order to execute successfully the project in a timely and cost efficient manner. City of Santa Ana RFP 23-122 Page Al-1 The majority of capital improvement and construction projects within the city includes, but is not limited to, the following: • Street rehabilitation • Sewer improvements • Storm Drain improvements • Bridge construction • New building construction • Water service and pipelines • Pump and motor improvements • Irrigation and landscaping • Site Improvements; concrete sidewalk, etc. • System controls and instrumentation • Streets and park lighting • Parks and Recreation facility improvements • Mechanical system • Electrical system • Traffic Signal Improvements The required services by the Project Manager, the Inspector and the Contract Administrator may include the following: RESIDENT ENGINEER / ADMINISTRATOR a. The PM shall represent the City Construction Manager in the field. The CM shall possess a minimum of (5) years' experience in construction management. b. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications or references that affirm the experience. 2. BID ANALYSIS a. Prior to the start of the project, the PM shall be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all sub -contractors have a valid City Business License. 3. STAFF REPORTS a. Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines. City of Santa Ana RFP 23-122 Page Al-2 4. GENERAL CONSTRUCTION ADMINISTRATION a. Coordinate with the City to define the roles and responsibilities during construction and develop a construction management plan. b. Co -lead pre -construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes. c. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements. d. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as- built records. e. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise. £ Manage the Construction Management Software PROCORE, coordinating with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team. g. Shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project. 5. SUBMITTAL/RFI REVIEW & PROCESSING a. The PM shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals"). Shall transmit the Submittals to City staffing for review and approval, and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals. b. PM shall develop, maintain, and manage all submittal/RFI logs. c. Determine the workflow on PROCORE for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team. 6. CONSTRUCTABILITY REVIEW a. Shall review project plans and specifications to determine its "constructability". Shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. Update the project schedule as required showing current conditions and revisions required by actual progress. City of Santa Ana RFP 23-122 Page Al-3 b. The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts. 7. CHANGE ORDER REVIEW a. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component. 8. SAFETY a. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations. 9. PROGRESS PAYMENTS a. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. b. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment. c. Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review. 10. INSPECTIONS a. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. b. Facilitate and coordinate inspection by representatives of other agencies. c. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections. d. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants. e. Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions. City of Santa Ana RFP 23-122 Page Al-4 11. CLAIMS a. Claims submitted by the contractor must adhere to the Public Contract Code Section 10240 and 20104. b. PM shall coordinate with City consultant on claim matters. c. Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim. Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions. 12. PREVAILING WAGE / LABOR COMPLIANCE a. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. b. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments. c. Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis. 13. CWA COMPLIANCE a. Shall monitor and enforce the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments. b. Outline responsibilities within the agreement and assist contractors in achieving the CWA goal. 14. PROJECT CLOSEOUT a. The PM shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue. b. Shall provide a close out report outlining any obstacles, violations, services performed, and final percentages achieved by the workforce as part of the CWA. c. Shall provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance. 15. COMMUNITY OUTREACH a. Attend and co -lead a pre -construction meeting with the community. Primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts. b. PM shall coordinate with the city's community liaison and communicate with the community regarding impacts related to the construction project. City of Santa Ana RFP 23-122 Page Al-5 16. FEDERAL REQUIREMENTS a. Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City. b. Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project. c. Compliance with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) authorized by the American Rescue Plan Act (ARPA). Review ARPA requirements for construction and enforce any regulations set forth by these funds. All tasks listed above shall be required on an as -needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project. Selected Construction Management Firm shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. A 10% retention will be held on every invoice through the project. The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Consultant shall provide all required insurance as outlines in Attachment 3 of this RFP. City of Santa Ana RFP 23-122 Page Al-6 EXHIBIT B CONSULTANT'S PROPOSAL CITY OF SANTA ANA REQUEST FOR QUALIFICATION ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES — RFP No. 23-122 DUE: August 8, 2023 Submitted by: AKM CONSULTING ENGINEERS 553 WALD, IRVINE, CA 92618 Contact: Emin Kayiran, CPII Phone:949-753-7333 Fax:949-753-7320 ekayiran(aakmce.com Proposal AW �]VMMM r AKM Consulting Engineers 553 Wald Irvine, CA 92618 Telephone. 949.753.7333 Facsimile. 949.753.7320 www.akmce.com August 8, 2023 City of Santa Ana 20 Civic Center Plaza Public Works Agency, M-36 Santa Ana, CA 92702 Attn: Mr. Edward Torres Water Resources Infrastructure Construction Management Subject: Proposal to Provide On -Call Construction Management and Inspection Services (RFP No. 23-122) Dear Mr. Torres: In response to your Request for Proposal dated July 18, 2023, and Addendum 1, AKM Consulting Engineers (AKM), a SBA certified Small Business Enterprise, is pleased to submit this proposal to provide on -call construction management and inspection services to the City of Santa Ana (City). AKM certifies that we meet the minimum requirements of this solicitation. Our proposal reflects our understanding of the scope of work contained in the RFP, our previous experience providing construction management and inspection services under on -call contracts to public agencies, a review of the City's Capital Improvement Program, insurance documents, and information provided by the City. Contact information for this proposal is: Emin Kayiran, CPII Vice President / Director of Construction Management Services AKM Consulting Engineers, Inc. - 553 Wald, Irvine, CA 92618 Phone: 949-753-7333 — FAX: 949-753-7320 — email: ekayiran _akmce.com AKM is a full service organization which specializes in providing public infrastructure engineering, construction management and related services to a wide Southern California public agency client base since its inception in August 1990. AKM has a long and distinguished record of providing as needed professional services to public agencies including the City of Santa Ana. For the past 3 years, AKM has served as an on -call construction management consultant to the City, and in that time, we responded to every task order request that the City distributed. We commit to maintaining the necessary resources to continue to respond to all task order proposal requests. As we understand, the City plans to engage the services of qualified Construction Management consulting firms to partner with the City in delivering a variety of planned projects. The projects will vary in size and scope and will be initiated via task orders. Selected consultants will respond to task order requests via a concise, yet complete proposal. Responsiveness to task order requests is vital in order for the City to successfully deliver planned projects on time. In order to respond to this need and offer the City the highest quality of service, AKM has assembled a Project Team with extensive experience and expertise in all facets of planning, design, and construction management of public infrastructure projects. The proposed Project Team will be under the direction of Mr. Emin Kayiran, as Project Manager, who is AKM's Project Manager for our current On -Call Construction Management AKM Prop. 23-1061 Agreement with the City. He possesses over 19 years of public works infrastructure construction management and inspection expertise. He also serves, or served, as AKM's Project Manager for On - Call Construction Management Contracts for the City of Cypress, City of Stanton, City of Fontana, City of Corona, City of Long Beach, Ontario Municipal Utilities Company, South Coast Water District, Water Replenishment District, and West Basin Municipal Water District. Additionally, Mr. Kayiran served as a Subject Matter Expert for the American Public Works Association in support of an overhaul of their public infrastructure inspection training and certification material including co- authoring a new module on the inspection of treatment and pumping facilities. The team has been assembled based familiarity and knowledge with the City and their system, as well as technical expertise such as specific street, building, water, sewer, recycled water facilities construction experience, experience in coordinating with multiple outside agencies, treatment and wellhead experience, proficiency in electrical and automation systems such as programmable logic controllers, variable frequency drives and integration of electrical and instrumentation components into existing SCADA systems. The team also includes multiple experts in scheduling and delay analysis using both Primavera P6 and Microsoft Project, steel and concrete tank construction, as well as specialty coating applications. We have carefully reviewed the form Agreement provided in Attachment 2 of the RFP and concur with all provisions contained within the Agreement. AKM is prepared to execute the Agreement as written upon request from the City. We propose to provide our services to the City on a time and materials basis for not to exceed fees established for each project utilizing our schedule of hourly rates included in this submittal. Our submittal is valid for 120 days. Stated in the RFP, this proposal is to be 10 double sided pages, excluding forms and resumes. However, do to being submitted online, our proposal is 20 pages. It is AKM Consulting Engineer's intent for our proposal to be printed out as 10 double sided pages. We appreciate the opportunity to submit our proposal and look forward to continuing to serve the City of Santa Ana in completing construction management and inspection projects. Should you have any questions regarding our submittal or require additional information, please do not hesitate to contact the undersigned, who possesses full legal authority to bind AKM Consulting Engineers. Very truly yours, AKM Consulting Engi Emin Kayiran, C II Vice President / ftector of Construction Management Services AKM Prop. 23-1061 On -Call CM/I ZL AKM, a SBA Certified Small Business Enterprise, is a multi -disciplined professional organization that specializes in providing water resource infrastructure engineering and related services to public agencies. AKM has a current staff of thirty (30) employees who operate out of our office strategically located in Irvine at the intersection of the 5 and 405 Freeways. The scope of services offered by AKM includes all facets of planning, design and construction management for public works infrastructure. Legal Name of Firm: AKM CONSULTING ENGINEERS, INC. 553 Wald, Irvine, California 92618 Year Established: 1990 Contact Information: Mr. Emin Kayiran, Vice President/Director of Construction Management ekayiran akmce.com Phone: (949) 753-7333 FAX: (949) 753-7320 The focus of our experience is within Southern California, and all key project team members are fully acquainted with the local and regional issues affecting the planning, design and construction of water resource infrastructure in the area. This, along with the technical and managerial depth of the team, will ensure the successful implementation of any project assigned under this contract. Having been providing construction management related services since the firm's inception in 1990, AKM has completed construction management and inspection assignments for the following agencies: City of El Segundo City of Cypress City of Newport Beach City of Fountain Valley City of Ontario Garden Grove SD West Basin MWD City of Stanton Bellflower Somerset Mutual Water Co. City of Garden Grove City of San Clemente City of San Juan Capistrano City of Seal Beach City of Alhambra Orange County WD Moulton Niguel WD South Coast Water District City of Santa Fe Springs City of Tustin City of Palos Verdes Estates City of Corona City of Arcadia Orchard Dale WD City of Long Beach City of Santa Ana Additionally, AKM has completed or is engaged in On -Call Services contracts for the following agencies: City of Los Angeles City of Seal Beach City of Corona City of Ontario South Coast WD WBMWD City of Cypress City of Stanton City of Anaheim County of Orange WRD Fontana Los Angeles County DPW Garden Grove SD City of Huntington Beach Camarillo Sanitary District • City of Long Beach The scope of services offered by AKM includes all facets of planning, design and construction management for public works construction projects. We have a long and distinguished record of providing on -call services to public agencies. A full listing of services offered by AKM is as follows: CONSTRUCTION MANAGEMENT AND SUPPORT Contract Administration • Resident and Field Services • Project Close -Out Inspection • Procurement • Estimating Construction Management • Start -Up and Acceptance • Schedule and Delay Analysis STORMWATER, WASTEWATER, POTABLE WATER, AND RECYCLED WATER Master Plans • Storm Drains and Channels Deficiency Reports and Water Treatment • Detention Basins Inventories Water Reclamation . Permitting and Regulatory Capital and Facilities Odor Control Compliance Plans AKM Prop. 23-1061 On -Call CM/I ' - km JIF • Solids Handling • Outfalls • Collection Facilities • Pump and Lift Stations • Pipeline and Transmission Facilities • Wells • Storage Facilities TECHNICAL SERVICES • Improvement Plans • Hydraulic Analysis • Hydraulic Structures • Reservoirs and Lakes • Water Qualitv • Supervisory Control and Data • Geographic Information Systems • CADD (Microstation, Acquisition (SCADA) • Operations and Maintenance AutoCAD) • Scheduling PLANNING • Project Planning • Economic and Financial • Rate Studies • Potable Water, Recycled Planning • Urban Water Water, Waste Water, and • Conjunctive Use Planning Management Plans Storm Water Master Plans • Sewer System Management • Water Supply • Facility Planning Plans (SSMP) Assessments QUALIFICATIONS AKM Consulting Engineers, by virtue of its extensive relevant experience, specialized training, local knowledge, and technical competence, can provide the City with high quality construction management, and inspection services, quickly, and at a lower overall cost than our competitors. Our staff members possess experience directly related to all facets of construction management and inspection with significant experience with water, recycled water, wastewater, stormwater and stormdrain facilities. Further, AKM has been providing construction management services to the City of Santa Ana since 2020. During that time, AKM has successfully partnered with the City staff to complete several successful projects, while at times navigating through complex project issues. By virtue of this experience, our construction management staff possess intimate knowledge of the City's infrastructure, their organizational structure, and has a strong feel for the pulse of the residents and the community where their facilities are located Because AKM is a full service engineering firm, our team has an extremely well rounded background in all facets of public infrastructure engineering, many having worked on multiple design and master planning assignments. This level of experience enables our team to approach construction projects on a much deeper level, since they understand design and overall planning implications on City infrastructure and systems as a whole. AKM also retains an in-house staff of computer -aided drafting professionals and can support the District with any of their CAD needs. Summary of Unique Qualifications All proposed team members have served as both a construction inspector and construction manager, bringing a well-rounded background to projects AKM team members are recognized experts specializing in the field of public works infrastructure with an emphasis in water resource related projects We understand the organizational structure of the City as AKM specializes in public infrastructure and only works for public agencies Proposed team members have a strong feel for the pulse of the residents and the community where projects are expected to take place Unrivaled responsiveness to the City and project needs. Our day does not end at 5:00 PM Proven track record of being able to respond to both large projects spanning years, as well as small projects lasting only a few days The City will have access to a full Full client satisfaction is a corporate commitment at AKM. service engineering firm who can o also provide engineering support, This is reflected in a very high repeat client base (over 92 /o), design, CAD and planning our standing in the industry as a premier public infrastructure engineering company, low insurance rates, and a very stable work force. AKM Prop. 23-1061 4 On -Call CM/I - PROJECT TEAM City of Santa Ana Project Manager Emin Kayiran, CPII AKM Consulting Engineers (Irvine, CA) Construction Manager / Senior Construction Manager / Senior Construction Manager / Senior Construction Inspector Construction Inspector Construction Inspector Jacob Lillengreen, EIT-FE, CMIT Steve Patterson Mike Fredriksz AKM Consulting Engineers (Irvine, CA) AKM Consulting Engineers (Irvine, CA) AKM Consulting Engineers (Irvine, CA) Senior Construction Inspector / Senior Construction Inspector Specialty Inspection Robert Bostic Ryan Bigger AKM Consulting Engineers (Irvine, CA) AKM Consulting Engineers (Irvine, CA) Construction Inspector Construction Inspector / Special Construction Inspector Inspection CJ Ervin Jacob Huffman Brad Jackson AKM Consulting Engineers (Irvine, CA) AKM Consulting Engineers (Irvine, CA) AKM Consulting Engineers (Irvine, CA) Construction Inspector Frank Morales AKM Consulting Engineers (Irvine, CA) Construction Inspector Levi Harris AKM Consulting Engineers (Irvine, CA) AKM Consulting Engineers provides an in-house multi -disciplinary staff of professionals who are recognized specialists in public infrastructure planning, design, and construction management. The staff members have superb technical training and academic backgrounds. Furthermore, they regularly attend technical seminars to keep abreast of the professional developments in their fields. AKM's proposed Project Team members have a long and distinguished track record in the performance of high quality services, especially with respect to program/project management, construction management and inspection of public infrastructure improvements. The Project Team is well qualified to undertake the work and provide superior technical services. All key members will be made fully available to serve on any assigned project under the proposed on -call services contract. Key team members will not be substituted without prior written approval from the City. In the very unlikely event a key project team member becomes unavailable during a project do to an unforeseen circumstance, an equally or superiorly qualified replacement will be provided. AKM will submit a situation and project specific transition plan for the City's consideration in such an event. Resumes with relevant experience of key project personnel are included in an Appendix B. We stress that all of our proposed team members will be fully available for the duration of the Contract. The key to successful completion of the work for the City will be the Construction Managers and Resident Engineers/Inspectors. These team members will be responsible for day-to-day communications with Contractors during projects, and in many ways, their effectiveness will dictate how efficiently the projects are completed. The position requires persons who are knowledgeable of the project's plans and specifications; possess excellent communications skills, and are confident and capable of exercising basic fairness when confronted with conflicts or differences of opinions, while still protecting the City's interests and those of the projects at large. We have assigned eight (8) highly skilled, senior level construction professionals to this assignment. AKM construction management and inspection team includes the following members: AKM Prop. 23-1061 �4 On -Call CM/I • Emin Kayiran, CPII, Project Manager / Director of Construction Management Services (Primary point of contact) • Steve Patterson, Senior Construction Manager/Senior Construction Inspector (Secondary point of contact) • Mike Fredriksz, Construction Manager / Senior Construction Inspector • Jacob Lillengreen, EIT-FE, CMIT, Construction Manager • Ryan Bigger, Senior Construction Inspector / Specialty Inspection • Robert Bostic, Senior Construction Inspector • Brad Jackson, Construction Inspector • Jacob Huffman, Construction Inspector / Special Inspection • Frank Morales, Construction Inspector • Craig Ervin, Construction Inspector • Levi Harris, Construction Inspector All construction management and inspection services performed by AKM are structured to respond to the technical and managerial requirements of the project by assigning senior, highly qualified personnel to the scope of work tasks. They function in a simple organization with clear lines of delegated authority and responsibility. Our assigned Project Manager, Mr. Emin Kayiran, CPII, will be the principal point of contact with the City and have full technical and administrative responsibility for the projects. In the very unlikely event that Mr. Kayiran is temporarily unavailable, Mr. Steve Patterson will be the associate in charge and the City's contact. We stress that AKM's staff has the unique ability to inspect electrical and control systems, as well as coating and lining systems for water, wastewater and treatment applications. It is a requirement for all AKM Construction Management Team Members to possess the ability to inspect these aspects of construction. As such, there is a greater level of inspection continuity and quality assurance amongst the various aspects of construction since it inspected by the same individual. Often times when projects are staffed with multiple inspectors assigned to individual trades, inspection responsibilities become blurred and important details are over -looked. This also enables AKM to have greater control over the quality of inspections and translates to cost savings for the City Our construction management and inspection team is represented in the organization chart in this Section. The key team members for this project are listed at the end of this Section along with their detailed description and biography. We are able to provide additional superbly qualified resources that work with AKM on select projects if need be. MR. EMIN KAYIRAN, CPII - Role: Project Manager / Director of Construction Management Services Years of Experience: 19 Years with AKM: 19 Mr. Emin Kayiran, CPII, who has been a Construction Manager and Senior Resident Engineer with AKM for over 19 years, has a broad background in construction management, inspection, and scheduling. Mr. Kayiran's experience includes management and inspection of treatment facilities; wells; pipelines; pump and lift stations; street improvements including traffic striping; rehabilitation and slurry seal; reservoirs; concrete structures; protective coatings and linings; electrical, control and SCADA systems; management of hazardous materials removal; shoring systems; dewatering; and ground settlement monitoring. Additionally, Mr. Kayiran has provided shop drawing review, claims management, cost control, change order preparation, change order negotiation, startup testing and inspections, warrantee inspections, warrantee work coordination with contractors, utility coordination and constructability review services to municipal agencies. He is trained in schedule and delay analysis and well versed in Primavera P6. Mr. Kayiran has served as an on -call construction manager for West Basin Municipal Water District, South Coast Water District, Ontario Municipal Utilities Company, the City of Cypress, the City of Santa Ana, the City of Fontana, the City of Stanton, Water Replenishment District, the City of Long Beach and an on -call construction inspector for the City of Seal Beach. Mr. Kayiran recently served as a Subject Matter Expert for the American Public Works Association in support of an overhaul of their public infrastructure inspection training and certification material. During this effort, he co-authored a new training module on the inspection of pumping and treatment AKM Prop. 23-1061 �4 On -Call A(I � ,an. facilities for inclusion in the updated manual which was published in 2019. He was a co -presenter and speaker for "De -mystifying Risk" an Engineering News Record webinar. Mr. Kayiran will be responsible for developing project specific construction management and inspection procedures for any assignment. He will also ensure that field construction management and inspection work is being carried out in strict accordance with the project goals and scope of work. MR. STEVE PATTERSON - Role: Construction Manager / Senior Construction Inspector Years of Experience: 34 Years with AKM: 15 Mr. Steve Patterson, a Construction Manager/Senior Resident Engineer with AKM since 2008, has over 30 years of public infrastructure construction, operation, maintenance, and design experience. Mr. Patterson has significant experience managing and inspecting construction with an emphasis in public works capital improvement projects. He has served as a Utilities Operations Supervisor for a municipally owned water/wastewater utility in a coastal community. Additionally, Mr. Patterson has thorough knowledge of, and training in occupational hazards and safety precautions and requirements as they pertain to the construction, operations and repair of public works infrastructure. Mr. Patterson is also thoroughly familiar with the requirements of both Caltrans and the U.S. Army Corp. of Engineers for State and Federally funded local projects. MR. MIKE FREDRIKSZ - Role: Senior Construction Manager / Senior Construction Inspector Years of Experience: 30 Years with AKM: 6 Mr. Mike Fredriksz has more than 30 years of experience providing construction oversight of Capital Improvements and large residential development projects. Prior to joining AKM, he served as the Inspection Services Supervisor for Irvine Ranch Water District. Mike's project experience includes water, recycled water and wastewater facilities, reservoirs, pipelines, pump stations, sewer lift stations, buildings, treatment plants, street rehabilitation and slurry seal. He has been extensively involved with multiple stakeholders including the public, elected officials, developers, contractors, engineers and architects. His responsibilities have included monitoring construction activities, traffic control, preparing daily construction reports, verifying compliance with plans and specifications, maintaining record drawings, performing final inspections and presiding over facility startups. Mike has knowledge and experience with project management, submittal process, RFI and change orders. MR. JACOB LILLENGREEN, EIT-FE, CMIT - Role: Construction Manager Registration: Engineering in Training (CA); Fundamentals of Engineering; CMIT Level 3 Years of Experience: 6 Years with AKM: 1 Mr. Lillengreen has 6 years' experience in engineering and construction management working on various public works projects. He possesses communication and organizational skills to provide valuable support for construction projects. He is well versed in processing RFIs, submittals and change orders in a timely matter. Mr. Lillengreen has an extensive computing background and is highly proficient in AutoCAD, Bluebeam, and a range of Microsoft programs. He has experience in multiple project management software as well including Procore, EADOC, VPO and Unifier. MR. RYAN BIGGER - Role: Senior Construction Inspector / Specialty Inspection Registration: ICC Special Inspector Certification — Reinforced Concrete; Pre -Stressed Concrete; Structural Masonry; Spray Applied Fire Proofing; Structural Steel and Bolting Years of Experience: 10 Years with AKM: 2 Mr. Ryan Bigger is an experienced Construction Inspector who began his career as a materials testing technician and Special Inspector. Mr. Bigger has a strong background in reinforced concrete structures, geotechnical remediation, structural bolting, piping and protective coatings. Mr. Bigger has provided inspection services for pipelines, treatment plants, pump stations, road and highway work, grading operations, municipal buildings and airports. He applies a meticulous attention to detail to all of his projects. AKM Prop. 23-1061 r On -Call CM/I MR. ROBERT BOSTIC - Role: Senior Construction Inspector Registration: SWRCB Grade IV Water Treatment Operator; SWRCB Grade IV Water Distribution Operator Years of Experience: 17 Years with AKM: 3 Mr. Robert Bostic, a former United States Marine Corps Sergeant, has more than 17 years of experience providing construction management, inspection services and operations and maintenance services. Robert's project experience includes water treatment facilities, natural gas systems, street maintenance, desalination plants, as well as operations, and management. He is a licensed Grade IV Water Treatment Operator and Grade IV Water Distribution Operator. Having served as a construction manager and inspector, as well as a treatment plant and water distribution operator, Mr. Bostic brings a uniquely well rounded perspective to the projects he serves. MR. BRAD JACKSON - Role: Construction Inspector Years of Experience: 30+ Years with AKM: 1 Mr. Brad Jackson will serve as the Construction Inspector. Mr. Jackson has spent the past 30 years with the Irvine Ranch Water District. He has progressed from a position in the warehouse learning the basics of pipes, fittings and appurtenances to managing a team of dedicated construction inspectors overseeing and inspecting projects from housing tracts to the construction of District pipelines, reservoirs, pump stations, well rehabilitations and chemical feed facilities. He possesses excellent oral and written communication skills and take great pride in composing documentation and reports. Collectively, with his experience and education, he will provide excellence in inspection services. Mr. Jackson has inspected several pipelines, many of which required close coordination with the staff of other involved agencies, and were constructed within major arterial roads. MR. JACOB HUFFMAN - Role: Construction Inspector / Special Inspector Years of Experience: 20+ Years with AKM: 1 Mr. Jacob Huffman, a seasoned construction inspector, is a certified ACI Concrete Field Testing Technician, ICC Certified, and Caltrans Certified inspector who possesses over 20 years of experience in construction inspection for underground water, sewer, storm drain, and other utility work, as well as water resource related facilities such a pump stations, treatment plants and reservoirs. His experience also includes a variety of street rehabilitation work and municipal buildings. Mr. Huffman has inspected all phases of construction of new facilities, as well as rehabilitation of existing facilities from inception to completion. His in-depth knowledge of soils and construction related materials such as asphalt concrete, concrete and structural metals, make him a valuable asset to all projects he serves on. MR. FRANK MORALES - Role: Construction Inspector Years of Experience: 30+ Years with AKM: 4 With more than three decades of performance -based progression to senior -level executive management, Mr. Morales has a well -honed and proven background in construction management, construction supervision, inspector of record, owners' representative, architectural, civil engineering design skills, sales and customer service. His strengths include the ability to communicate on every level required to perform any given task. Mr. Morales is a inspector who is a highly motivated and results oriented professional possessing exceptional leadership and communications skills. He has a solid track record of consistently meeting and exceeding individual, departmental and company goals and expectations. His experience ranges from treatment plants, recycled water pipelines and pumping facilities to large commercial buildings and tenant improvements. MR. CRAIG (C.J.) ERVIN - Role: Construction Inspector Registration: Grade 3 California Water Treatment Operator; AWWA Grade 2 Distribution Operator Years of Experience: 30+ Years with AKM: 8 Mr. Craig (CJ) Ervin, a licensed Grade 3 California Water Treatment Operator who possesses over 30 years of experience in construction inspection for water reclamation plants, water and sewer pump stations, street improvements, building projects, pipelines and infrastructure. As a Construction Inspector, Mr. Ervin has inspected all phases of construction of new facilities, as well as rehabilitation AKM Prop. 23-1061 On -Call CM/I'-ri, of existing facilities from inception to completion, working closely with Contractors, Developers, public agency engineering teams and utilities. Additionally, Mr. Ervin has provided claims management, cost control, change order preparation, change order negotiation, warrantee inspections, warrantee work coordination with contractors and constructability review services to municipal agencies. MR. LEVI HARRIS - Role: Construction Inspector Years of Experience: 4 Years with AKM: 1 Levi Harris is seasoned construction professional who has a broad background in pipeline construction, treatment facilities, as well as building, programming, retrofitting, and repairing electrical and control panels. Mr. Harris previously worked for a construction contractor specializing in oil and gas pipelines. He leverages his well-rounded experience to provide exceptional inspection service to AKM's clients, and prides himself in thorough documentation practices. PROJECT-•. As we understand, The City plans to engage the services of qualified Construction Management consulting firms to partner with the City in delivering a variety of planned projects. The projects will vary in size and scope and will be initiated via task orders. Selected consultants will respond to task order requests via a concise, yet complete proposal. Responsiveness to task order requests is vital in order for The City to successfully deliver planned projects on time. AKM has a long history of providing first rate service to our clients through on -call engagements. We are therefore mindful of the need to maintain adequate resources to always be able to respond to the City when needed. Our Construction Management Team will diligently manage the project budgets so not to create budget overruns during the prosecution of our services. Although our assigned Project Manager will have ultimate responsibility for tracking, managing and reporting budget status to the City, every team member participates in project/budget management. Our Construction Managers, Field Engineers and Inspectors are required to thoroughly review and understand the project specific scope of work prior to beginning our services, and to log hours spent on the project daily. Our Project Manager reviews accrued project hours weekly. Additionally, the Project Manager carefully analyzes project costs and staffing requirements and assigns work hours to project team members the week before services are scheduled to be rendered. Adherence to our project budgets relative to construction percent completion based on schedule will be communicated to the City monthly for larger projects, weekly for shorter projects, or at any other interval desired by the City. The City will be notified in writing when reaching budget milestones of 25-percent, 50-percent and 75-percent of total cost exhausted. AKM will not exceed the budget limits agreed to. Regardless of the type or size of the project, AKM's goal is to always be effective. In order to be effective, our time and effort must be focused on items and tasks that advance project progress. AKM knows how important documentation is to the construction process. So to marry these two objectives, effectiveness and well organized documentation, AKM employs electronic document control systems to assist in managing projects. Our team has been successfully leveraging electronic document control systems to execute projects for over a decade, and have found success with Procore. Procore is designed to track, manage and store all project documentation. The System is web -based, requiring no enterprise software or servers, providing for turnkey deployment. System server hardware is managed by an independent third party avoiding any potential appearances of a conflict of interest. AKM has recently used Procore in support of the City Projects. Our team is intimately familiar with the system, and is able to provide hands on training to the City staff. The goals of implementing an electronic document control system will be to reduce document response turnaround time, eliminate redundant record keeping and data entry, improve transparency and accountability across project participants, and provide the City real-time access to all project AKM Prop. 23-1061 On -Call CM/I�� information, documentation and overall project status. The City will receive an archived version of the entire system via a flash drive at the conclusion of each project. Training of all project users will be provided. A critical component to any construction project, is the development and regular maintenance of a well-defined and coordinated Critical Path Method Schedule. The baseline CPM schedule will be the barometer from which Contractor's performance is evaluated. On any assigned project, as one of the first tasks, AKM will review the submitted qualifications of the Contractor's proposed Scheduler and address any issues regarding compliance with the Contract requirements. During the preconstruction phase of the project, the Contractor will be required to submit a baseline CPM schedule. For large complex projects, the baseline schedule will be refined following a scheduling meeting conducted between the AKM Construction Management Team, the City and the Contractor. The project specific scheduling requirements will be reviewed at the meeting. The goal of this very important meeting is to communicate all project requirements related to the development of the baseline schedule, as well as clarify any questions that the Contractor has. It will also serve as an initial review of the Contractor's proposed Work Breakdown Structure and activity ID/code structure. During this period, AKM will review the schedule for the overall feasibility and duration of specific activities as well as evaluate interrelated activity constraints and carefully verify all predecessor and successor activities. We will also verify that the baseline schedule does not contain unnecessary lead/lags, level of effort or hammock activities, and does not contain preferential logic and float suppression techniques. An example of this would be using preferred crew flow as a basis for logic ties. When reviewing a baseline schedule, it is critical that our team meticulously reviews the specifications to verify that all contractual work constraints are built into the schedule. For example, having the submission, review and approval of the MOP documents and subsequent safety checklists, tied to the actual shut downs when shutdowns are required on a project. This is also critical for startup activities including activities for pre -installation meetings, as well as activities for installation verification by manufacturer's representatives. Verifying that these critical activities and milestones are included in the baseline schedule and properly tied to other activities, is essential so that they can be carefully monitored during construction. When critical activities approach their completion dates, or when non -critical activities begin to use up the allotted float, AKM will immediately bring such issues to the attention of both the City and the Contractor. Such schedule issues will proactively be discussed during Schedule Progress Meetings or if necessary, special scheduling meetings to determine causes of potential or actual delays, as well as solutions to avoid delays or account for time lost due to a delay. All changes made to the schedule will be carefully evaluated for acceptability each month. We will also verify all as -built information included in the updates against information included in the daily reports and daily tracking. Our Project Manager and all of our Construction Managers are well trained and versed in Primavera P6. They will review time impact analysis (TIA) when submitted. It is acknowledged that smaller projects may be assigned that do not require the use of scheduling software. However, review and maintenance of the schedule during construction remains important despite the simplicity of the schedule. A scaled approach, similar to the one described above, will be implemented for smaller projects. AKM's Construction Management Team are equipped with tablets while in the field performing inspections. Unlike laptop computers, tablets are small, lightweight and therefore can accompany the field staff while inspecting most all locations on the project site, including excavations. This enables our field staff to document events in as close to real time as possible, as opposed to waiting for a break in the work and returning to the field office to utilize a laptop. It also allows field staff to AKM Prop. 23-1061 10 �4 On -Call CM/I send and receive emails while on site and complete the daily report as the day progresses. An additional benefit is that all project files will be stored on the tablet so that all project related documents can be accessed from anywhere on the site as opposed to keeping large, hard to transport file boxes requiring returning to the field office to search for documents. The tablets are all wi-fi enabled allowing direct access to our server and web based project document control system. This way, daily reports, photos and all other field generated documentation can be entered directly into the system rather than being saved on the laptop and then copied into the particular document control system. Our goal on any project is to see that quality facilities are constructed on time and within budget, so that such facilities will be a benefit to the City's customers for their full useful life. In order to effectively complete projects, AKM's Construction Management Team becomes a close partner and extension of our clients. We are sensitive to the fact that the City's internal staff has a variety of day-to-day responsibilities beyond any particular construction project. That being said, we have been extremely successful handling the project management workload for our clients during construction, yet still keeping assigned client staff fully abreast of project progress and status. AKM understands that no two agencies or projects are the same, all containing their own unique challenges and nuances. Our Construction Management services are specifically tailored for each client and project to properly serve their best interest and overall project success. For any task order assignment, the project is carefully examined so that the client's goals and objectives are clearly understood by the AKM Team prior to beginning our services. For proposed projects to be successful, detailed and timely attention must be given to the key issues unique to each project. Our methodology for successfully completing any assigned project involves promptly identifying and addressing the key project issues. AKM will begin all projects with identifying key project issues and take proactive measures and planning to mitigate potential impacts. The following describes our methodology for handling common issues that occur during construction projects: Changes in the Construction Industry The engineering and construction industry has seen more change during the past three years, than it had in perhaps the previous 10 years. Two of the most influential factors driving this rapid change have been the global COVID-19 pandemic, and world-wide supply chain issues/shortages of materials and equipment. Both of these factors have required a new way of planning, and approaching projects ranging from on -site safety, to dealing with abnormally long lead-times for materials and equipment. These impacts have required project teams to be adaptable and collaborative to overcome day-to-day effects on projects. The teams that have learned, adapted, and evolved, remain the best positioned to guide their clients through the obstacles that today's construction industry are now faced with. Construction Inconvenience The City's service area encompasses residential, commercial, industrial and retail areas and high traffic roads. All projects within the public right-of-way present a traffic burden to residents and businesses near the project areas. Projects near residents and business can affect normal traffic flows, parking, as well as impede ingress and egress to properties. Although Contractors are required to mitigate construction nuisances, it is the Construction Management Team's responsibility to enforce such mitigation measures. The potential always exists for dust and fine debris to create unfavorable conditions for the nearby public. Utility services may be interrupted at times during construction for activities such as tie-ins, service switch-overs and startup testing. The greater the inconvenience to the public, the more the public will become discontent with the projects. Minimizing the burden to the public during construction is instrumental in achieving successful projects. Construction Completion Time In construction, time is always of the essence. Due to the magnitude and potential impacts to the AKM Prop. 23-1061 11 �4 On -Call CM/I public of capital improvement projects and impacts while working with the City's existing facilities, there is an even greater need for completing the work within the allotted contract duration. Additionally, the longer projects extend, the greater the burden is to the public, increasing complaints, and overall dissatisfaction. This also holds true for the existing facilities as projects may require shutdowns to equipment or entire processes which can disrupt normal operations. Projects which overrun the schedule also tend to result in a higher overall cost when finally completed. Potential for Utility and Other Conflicts Anytime construction occurs within public right-of-way, or involves subsurface construction, an elevated level of risk for conflicts exists. Utility locations shown on the Contract Drawings usually are carefully located and plotted based on the available existing records. The accuracy of the locations represented on the Contract Drawings is contingent upon the accuracy of the available utility records, and potholing conducted during design. A potential utility conflict could result in a redesign of proposed facilities and/or relocation of interfering utilities creating schedule delays, increased costs and longer impacts to the public at large. Conflicts can also occur with nearby residential, commercial, and retail property owners where construction impacts to them are not realized until after construction commences. This can create public resistance to the projects and may cause delays while the impacts are mitigated. Coordination with Multiple Project Participants As AKM has learned on our previous construction management assignments, projects require close and cooperative coordination with outside agencies, the City's other departments, as well as the many utility agencies owning facilities within City boundaries. Different entities may have different project concerns and require varying levels of communication. Outside agencies will feel the most at ease and comfortable with projects when they receive clear, timely and accurate information regarding the project. It will also be paramount to understand each party's unique concerns and perspective regarding the project prior to the start of construction, to be able to best plan how to keep them informed. What are evident in the paragraphs above are the interrelationships of the key project issues. A direct effect of one of the issues results in an unintended effect to the others. As the City's Construction Management Consultant, AKM will effectively, promptly, and proactively monitor and manage project issues for the entire duration of our services on the projects. Our approach to our services is described in the paragraphs below. Evolve and Adapt In a rapidly changing construction industry, where wide ranging material cost fluctuations, local mandates and material shortages have become commonplace, the standard "playbook" often times does not apply, or does not produce results. For this reason, AKM adopts an "evolve and adapt" philosophy in the performance of our service. AKM carefully monitors trends in the industry and communicates regularly with our clients regarding how current events/industry changes might affect projects. When challenges on projects arise that are a result of such industry changes, we partner with our clients to suggest the best path forward. Often times this involves thinking differently about solutions and not being constrained by past ways of resolving such matters. In all cases, AKM always advocates for solutions that serve the best interest of the City and the project. A Commitment to Documentation AKM takes great pride in our project document control believing that effectively managing project documents reduces our client's risk, can help avoid and resolve project disputes, improves project lifecycles, and promotes Contractor accountability. We will keep project documentation in strict accordance with the project requirements. Such diligence is a representation to involved parties that prudent project management and administration is being implemented. Project documents will be AKM Prop. 23-1061 12 On -Call CM/I-ri, ready for review and/or audit anytime one is mandated or requested. Our commitment to documentation will also allow the Construction Management Team to verify that all required submittals, schedule updates, schedule narratives, monthly reports, shutdown plans/MOPs as well as red line drawings are being submitted in a timely manner by the Contractor so that construction progresses as planned. Be Responsive Capital improvement construction projects are a dynamic and ever evolving endeavor. Circumstances can change without warning and as previously mentioned, time is always of the essence. It is therefore a hallmark of the AKM Construction Management Team to be extremely responsive to the Contractor, the City, other City departments, Design Engineer, utility companies owning facilities within the project boundaries, as well as any other project stakeholders. We are committed to the projects we serve day and night; our day does not end at 5:00 PM. AKM will diligently and expeditiously respond to project participants, transmit necessary information, and coordinate between various project participants throughout the project. Our commitment to be as responsive as possible will aid in avoiding delays, as well as maintaining good project relationships with all involved parties. Being responsive also means that we are there for the City when needed, even when we are not actively working on a project. AKM will always respond to task order requests and has a history of quick turnarounds for task order proposals. We are also able to respond to work requests and mobilize on short notice. Communicate Early and Often AKM understands that it is part of a team that includes the Contractor, the City, the Design Engineer, residents, as well as the general public sharing in the common goal of project completion on time and within budget. Our communication efforts will begin from the commencement of projects, during preconstruction activities, and continue through completion. Coordination and cooperation amongst project participants is best achieved when relationships founded on open communication are established. Such communications will allow AKM to most effectively deal with problems identified with the schedule, delays, utility conflicts, differing site conditions and concerns related to construction and working with all involved parties. AKM employs a productive and efficient approach to project meetings in order to maximize communication. To accomplish this, all meetings hosted by AKM have a purpose and direction. A well thought-out agenda is prepared to facilitate meaningful discussions that inform the processes and are geared towards resolution of issues, rather than gathering a group of people in a room and permitting a free-for-all discussion. AKM advocates meeting with Contractors informally prior to the preconstruction meeting, so that our teams can meet and begin building a working relationship. This provides an opportunity for the Contractor to share project concerns, and AKM to express expectations prior to being in a room full of the design engineers, the City and outside agencies. The practice of this informal meeting has paid dividends on past projects, building trust between the construction management team and Contractor, as well as setting a collaborative tone for the project. Diligently Pursue Project Completion A lagging or drawn out project completion period can create a perception that an otherwise successful project is not successful. Project closeout within the schedule is of the utmost importance to AKM. We will diligently pursue all completion activities including collection of all final compliance paperwork from the Contractor, final payment quantities, operation and maintenance manuals, completion of as - built record drawings, final guarantees, warrantees, and final lien releases. Our diligence will help ensure that the project comes to an expeditious closure, that permit requirements are met and closed - out within the time limits specified, that the project presents no further burden to the public or existing facilities, and that the completed improvements turned over to the City for beneficial use is of the AKM Prop. 23-1061 13 On -Call CM/I AVX highest quality, and is properly tested to function as intended by the design. We understand that abbreviated proposals will be solicited from each selected Consultant for each specific Task Order. The City has developed a very detailed typical scope of services that would be requested for each Task Order which we acknowledge in its entirety. LONG BEACH MUNICIPAL STORMWATER TREATMENT FACILITY (LB -MUST) City of Long Beach — 411 W. Ocean Blvd., 5th Floor, Long Beach, CA 90805 Contact: Mr. Colin Averill (562) 570-6679 col in.averiII(a)_longbeach. gov Construction Cost: $45,000,000 A/E Fee: $2,000,000 (to date) Role: Prime Construction Management / Inspection Contractor: Phase I — All American, Phase II — Sully-Miller/Keller, Phase III — Shimmick Construction Co./E2 Construction AKM Staff: E. Kayiran (PM); S. Patterson (CM), J. Lillengreen (CM); CJ Ervin (Inspection); M. Fredriksz (Inspection); R. Bostic (Inspection); J. Huffman (Inspection); L. Harris (Inspection) COMPLETE UNDER THE OMCALL SERVICES CONTRACT AKM is currently providing construction management, inspection, and design quality control services for the City of Long Beach Municipal Urban Stormwater Treatment (LB -MUST) Facility. The project will intercept non-stormwater runoff and a percentage of the first -flush storm flows generated within the City of Long Beach urban watersheds prior to discharging to existing storm drain outfalls flowing into the Los Angeles (LA) River and the Los Angeles River Estuary. The project is divided into three (3) phases (clearing and grubbing/ initial site preparation (underground utilities and ground stabilization), treatment facility construction, and conveyance system construction). LB -MUST Street Improvements - AKM completed the construction management and inspection of the clearing and grubbing/initial site preparation phase in 2018. This phase included clearing and grubbing of the proposed site, initial rough grading of the site, removal of buried railroad tracks and ties, installation of K-rail and fencing around the site, establishment of long term stormwater best management practices (BMPs) for the disturbed area and weekly BMP inspections. The work also required the City to relocate a homeless encampment within the work zone. In 2020, AKM completed providing construction management services for Phase II of the program which included the construction of a new low voltage electrical service, reconstruction and realignment of the roadway fronting the proposed treatment plant site, underground utilities such as water, storm drain and recycled water, as well as the installation of 3,100 linear feet of the conveyance pressure pipe system. LB -MUST Ground Improvements — This phase of the project was completed in January 2021. Work included furnishing all plant, labor, equipment, and materials; performing all operations as required to construct the deep soil mixing (DSM) ground improvements; and providing all associated testing, monitoring, sampling, and recording. Specific work included: mobilization/demobilization; SWPPP; excavation and placement of 2 stockpiles; disposal of hazardous soil; surveying; Deep Soil Mixing construction in full compliance with bid documents; quality control; and construction of a load transfer platform AKM Prop. 23-1061 14 On -Call CM/I LB -MUST Treatment Plant and Wetlands - AKM provided quality control and constructability review of the proposed treatment plant and conveyance system design of the 90 percent design package and is currently providing construction management and inspection during construction. The treatment is designed with the ability to treat both brackish and non -brackish influent flows through separate treatment trains. The treatment process train consists of influent strainers, ceramic membrane ultra -filtration (UF), and an advanced oxidation process (UV/AOP). The ancillary processes include process pumping, process storage tanks, chemical feeding, and air supply. An RO system can be added to the treatment train in the future, downstream of the UV/AOP, to reduce TDS of the effluent and/or provide additional barriers for potential potable reuse. The ceramic membrane system, which consists of two (2) 1 million gallon per day (MGD) units as well as the UV/AOP were pre -purchased by the City. The treatment facility will be housed within a 9,000 square foot cement masonry unit building with electrical, chemical and control rooms, and will include an HVAC system. Also being constructed is a wetlands and walking path. EQUPPING OF WELL 16 AND TREATMENT PLANT CITY OF PARAMOUNT — 16400 COLORADO AVENUE, PARAMOUNT, CA 90723 CONTACT: MS. ADRIANA FIGUEROA, DIRECTOR OF PUBLIC WORKS (562) 220-2100 CONSTRUCTION COST: $6,800,000 A/E FEES: $1,000,000 ROLE: PRIME CONSTRUCTION MANAGEMENT / INSPECTION CONTRACTOR: MMC INC. STAFF: E. KAYIRAN (PM/CM); M. FREDRIKSZ (INSP.); R. BIGGER (SPECIAL INSP.); R. BOSTIC (INSP.) COMPLETE UNDER THE ON'CALL SERVICES CONTRACT AKM is currently completing Construction Management, Inspection and Testing services for the City of Paramount during the project which includes equipping City Well No. 16 with pump, motor, building, piping and appurtenances, and the construction of a Manganese (MN) and future Arsenic (AR) Treatment System to treat approximately 3400 gpm - e �•1 of flow from City Well No. 16. The treatment system raw water quality for design purposes was assumed to have an arsenic (AR) concentration of 12 pg/lit, and a manganese concentration of 59 pg/lit. Removals should provide a finished water quality with an MN of 2 pg/lit. The facility is designed for expansion to be able to treat and remove AR down to 2 pg/lit if in the future it exceeds the primary MCL level of 10 pg/lit in the well water. In addition, the work of this Contract will include the destruction of Well No. 13 and the demolition of the Well No. 13 site. The Contractor will be required to remove, salvage and transport to Well No. 16 several of the existing facilities/equipment at Well No. 13 including treatment vessels and the existing backwash tank. JOINT TRANSMISSION MAIN VAULTS UPGRADE South Coast Water District — 31592 West Street, Laguna Beach, CA 92651 Contact: Ms. Taryn Kjolsing, Engineering Manager (949) 499-4555 x3171 tkjolsing(cb-scwd.org Role: Prime Construction Management / Inspection Contractor: W.A. Rasic Const. Cost: $900,000 A/E Fees: $93,000 AKM Staff: E. Kayiran (PM); M. Fredriksz (CM/Inspector) COMPLETE UNDER THE OWCALL SERVICES CONTRACT AKM provided construction management and inspection services for the Joint Transmission Main Vault Upgrade Project for South Coast Water District. Work included construction of structural and mechanical improvements to four valve vaults, one water meter vault, and one drain unit. Scope of work included: removal of large diameter ball valves (24" and 30"), removal of 42" ball valve, removal of 24" water meter, extension of existing concrete vaults walls to above ground and installation of aluminum access hatches, installation of new ladders, vent pipes in the vaults, construction of 24" steel pipe AKM Prop. 23-1061 15 On -Call CM/I-ri, spools in the place of removed water meter and valve, installation of Owner provided 30" ball valve and miscellaneous site work. Problems/Issues: The major mechanical work was completed during a 14-day shutdown of the JTM line which required coordination with both SCWD and Moulton Niguel Water District operations staff as the JTM line is jointly owned and operated. In order for all work to be completed within the shutdown duration, and to the quality standards set forth in the Contract Documents, AKM's team conducted pre -shutdown field meetings and inspected all materials required for the work prior to the shutdown. The work during the shutdown was completed one day earlier than anticipated. The project was located within a private gated retirement community and required close coordination with the property management company and community representatves. With consistent and clear communication regarding the construction activities and their potential impacts, the community representatives were able to properly plan and communicate with residents. As a result, the project received no resident complaints. LOS ANGELES "SOFI" STADIUM AND ENTERTAINMENT DISTRICT AT HOLLYWOOD PARK RECLAIMED WATER PLANS PHASE 1 West Basin MWD — 17140 South Avalon Boulevard, Suite 210, Carson, CA 90746 Contact: Mr. Kevin Cullen (310) 217-2411 kevincCo)westbasin.org Role: Prime Construction Management / Inspection Contractor: Ferreira Costal Construction Construction Cost: $10,000,000 A/E Fee: $175,000 AKM Staff: E. Kayiran (PM); M Fredriksz (Inspection); F. Morales (Inspection) COMPLETE UNDER THE ON'CALL SERVICES CONTRACT AKM provided Construction Inspection for the project which involved the construction of approximately 13,500 lineal feet of 8 inch to 12 inch PVC recycled water pipe. Also included were valves, air/vacs and blow -offs, as well as hydr ostatic testing and flushing of the completed pipeline. The pipeline serves recycled water for irrigation at the new Los Angeles Rams/ Los Angeles Chargers "SoFF Stadium and Entertainment District, r as well as filling a lake within the entertainment district. The411y pipeline was constructed by Turner/AECOM, the developer of the stadium and entertainment district; yet will be owned and operated by West Basin Municipal Water District. With 49 different contractors working on the site each day, communication and coordination at the field level was critical to maintain schedule. The work on this portion of the project started and stopped at times to accommodate other work on the stadium. AKM therefore had to be extremely responsive to schedule changes and restarting work on short notice. CYPRESS WATER PRODUCTION FACILITY UPGRADES City of Lomita — 24300 Narbonne Avenue, Lomita, CA 90717 Contact: Mr. Mondher Saied, P.E., (310) 325-7110 x110 m.saied lomitacity.org Construction Cost: $3,571,000 A/E Fee: $500,000 Role: Prime Construction Management / Inspection Contractor: RC Foster AKM Staff: E. Kayiran (PM); R. Bostic (CM/Lead_ Insp.) AKM Consulting Engineers is currently providing construction management and inspection for the project which includes construction of a Granular Activated Carbon (GAC) treatment facility and associated ancillary equipment at the City of Lomita's Cypress Water Productions '*.. Facility. The facility is currently inoperable due to high sulfides which cannot be removed with the existing treatment equipment. The new GAC ` system will remove sulfides to within acceptable levels. Additional work+ also includes design, installation and commissioning of a security system; site work (demolition, work, excavations); pipelines; canopy; electrical, controls and instrumentation; startup testing, and training; potholing; a portable generator relocation; and site shoring. AKM Prop. 23-1061 16 10=4011 On -Call CM/l F PFAS/PFOA TREATMENT AT WELLS 11, 8, AND 5A Pico Water District — 4843 Church Street, Pico Rivera, CA 90660 Contact: Mr. Joe Basulto, General Manager (562) 692-3756 jbasultopicowaterdistrict. net Construction Cost: $5,000,000 A/E Fees: $250,000 Completion: 2023 (estimated) AKM Staff: E. Kayiran (PM), J. Lillengreen (CM); R. Bostic (Inspector) AKM is providing Construction Management _ and Inspection for the project includes the ' construction of lead -lag dual media pressure vessel systems with PFAS selective ion exchange resins, pre-treatment cartridge filters, and piping and appurtenances for PFAS r4 F i--, A treatment facilities at Pico Water District's Wells 5A, 8, and 11. AKM prepared an Engineering Report to be reviewed by the State Water Resources Control Board Division of Drinking Water, and assisted the District with coordinating the required pilot study with the resin manufacturer at of the District's Well 11. The improvements included new reinforced concrete foundation slabs, 2 to 4 ion exchange vessels and 2 to 3 cartridge filters per site, as well as new instrumentation and appurtenances, and the relocation of the disinfection chemical injection locations. AKM also prepared pre -purchase specifications for the dual media vessels, ion exchange resin, and the cartridge filters. The project is currently under construction. LEO J. VANDER LANDS WATER TREATMENT FACILITY CALCIUM CHLORIDE BULK STORAGE EXPANSION Water Replenishment District - 4040 Paramount Blvd., Lakewood, CA 90712 Contact: Jessica Koop (562) 275-4219 jkoop wrd.org Construction Cost: $ $650,000 A/E Fees: $ $197,000 Role: Prime Construction Management / Inspection Contractor: Pascal and Ludwig AKM Staff: E. Kayiran (PM). S. Patterson (CM/Inspector); C. Ervin (Inspector); R. Bostic (Inspection) AKM provided Construction Management and Inspection services for the LVL Calcium Chloride Bulk Storage Expansion Project which entailed an expansion of the existing calcium chloride bulk storage system within the Leo J. Vander Lans Advanced Water Treatment Facility (LVLAWTF). The Project provided a new 5,000 gallon tank resulting in total storage capacity of 10,000 gallons. Construction elements necessary for completion of the system expansion included demolition work and clearing of the proposed location of the expanded bulk storage system, relocation of an existing RO pilot system and termination of associated piping, conduit and wire; potholing of existing utilities and verification of the availability of existing spare electrical conduits; construction of a steel framed canopy and roof including a reinforced concrete slab and containment wall coated with a corrosion resistant coating; new double containment piping, chemical pipe trench, and valves including a new calcium chloride fill station and a connection to the calcium chloride metering system; installation of a new 5,000 gallon high density polyethylene calcium chloride storage tank; new electrical conduit and conductors, new instrumentation, as well as integration with the existing SCADA system. AKM Prop. 23-1061 17 On -Call CM/Iz BELLFLOWER / SPRING BRIDGE REPAIR City of Long Beach — 411 W. Ocean Blvd., 5th Floor, Long Beach, CA 90805 Contact: Mr. Alvin Papa, Deputy Director of Public Works for the City of Huntington Beach (714) 536-5503 alvin.PaPa(a_surfcity-hb.orq Construction Cost: $500,000 A/E Fee: $25,000 (to date) Dates: 2020 Role: Prime Construction Management / Inspection Contractor: Doty Bros. Construction Company AKM Staff: E. Kayiran (PM) AKM Consulting Engineers provided construction management and _-- - inspection services for the Project which involved repair of a damaged - a section of the Bellflower / Spring Bridge which also serves as a quadruple box culvert under the road. The culvert was damaged by a Contractor performing work at street grade for Southern California Edison (SCE) under a City issued encroachment permit. Because the City had jurisdiction of the bridge and street, and County of Los Angeles Flood Control District (LACFCD) owns and maintains the drain age culvert, SCE's repair contractor was required to obtain permits from both the City and LACFCD. The work entailed constructing a diversion of dry -weather drainage flows away from the culvert chamber where the repair was located, the erection of a designed falsework system within the culvert underneath the location of the repair, the demolition and removal of a 25 by 15 foot section of the bridge/culvert, sandblasting of existing reinforcement bar, doweling and epoxy setting new reinforcement into the existing concrete and placement of new concrete. The work required traffic control beginning at the 405 freeway as well as a full street closure during concrete placement, which was performed at night. Due to the urgency to complete the work within a dry weather window and relive the public of the burden caused by the work, Construction was performed in both day and night shifts, 7 days a week. AKM rotated inspectors to adequately cover the work which required close communication amongst the AKM team as well as all involved parties. NORTH HEALTH FACILITY City of Long Beach — 411 W. Ocean Blvd., 5th Floor, Long Beach, CA 90805 Contact: Nancy Villasenor nancy.villasenor(c'Dlongbeach.gov (562) 570-3165 A/E Fee: $160,000 Dates: 2020-2021 Role: Prime Construction Management / Inspection Contractor: HHJ Construction AKM Staff: E. Kayiran (CM) AKM Consulting Engineers provided construction management and inspection for the North Health Facility in the City of Long Beach. The project involves the rehabilitation of a City owned municipal building N ;n which formerly housed the City of Long Beach's Health Department *•" as well as a child day care. The building was not occupied at the - start of the project and will ultimately be occupied by a health clinic run by the City Health Department, as well as new offices for Health '' F Department staff. The tenant improvements include removal and replacement of the existing floor, asbestos abatement throughout the entire facility, replacement of exterior windows, the construction of new partition walls, the relocation and reconstruction of restroom facilities, the removal and reconstruction of kitchen facilities, construction of a new HVAC system, wiring for new electrical receptacles and data ports throughout the building, ADA improvements within the existing parking lot, the construction of a new roofing system and replacement of the building's drop ceiling. AKM Partnered with the City to implement a system of analyzing and providing recommendations for the change orders submitted by the Construction Contractor. The system proved very effective in eliminating change orders and claims that lacked merit. AKM Prop. 23-1061 18 On -Call CM/I AKM has entered into On -Call Contracts with the following agencies in the past 5 years: • City of Fontana (2020-Current) - On -Call (Construction Management and Inspection) • City of Paramount (2020-Current) - On -Call (Construction Management and Inspection) • City of Santa Ana (2020-Current) - On -Call (Construction Management and Inspection) • City of Corona (2019-Current) - On -Call (Inspection Services) • West Basin MWD (2016-Current; Third Tern) - On -Call Construction Management • Water Replenishment District (2018-Current) - On -Call (Construction Management Services) • South Coast Water District (2020-Current) - On -Call (Construction Management and Inspection) • City of Long Beach (2016-Current) - On -Call (Construction Management and Inspection Services) • Ontario MUC (2016-Current) - On -Call (Engineering Services for Construction Management and Insoection) AKM Consulting Engineers has completed, and/or is currently working on construction management assignments for the following clients. Contacts are listed for your reference to confirm the quality of our work and responsiveness provided by AKM. City of Long Beach — 333 W. Ocean Blvd., 9th Floor, Long Beach, CA 90802 Contact: Colin Averill (562) 570-6679 colin.averill@longbeach.gov Project: On -Call Construction Management and Inspection Services Water Replenishment District — 4040 Paramount Blvd., Lakewood, CA 90712 Contact: Mario Bautista (562) 275-4300 mbautista@wrd.org Project: On -Call Construction Management and Inspection Services West Basin Municipal Water District - 17140 S. Avalon Blvd., Suite 210, Carson, CA 90746 Contact: Ms. Veronica Govea, Project Manager (310) 660-6269 veronicaq(a-),westbasin.orq Project Title: On -Call Construction Management and Inspection Services City Of Paramount — 16400 Colorado Avenue, Paramount, CA 90723 Contact: Ms. Adriana Figueroa, Director of Public Works (562) 220-2100 Project: Equipping of Well 16 and Treatment Plant City Of El Segundo — 350 Main Street, El Segundo, CA 90245 Contact: Ms. Floriza Rivera (310) 524-2361 frivera@elsegundo.org Project: Various Street, Water and Sewer Improvement Projects South Coast Water District - 31592 West Street, Laguna Beach, CA 92651 Contact: Ms.Taryn Kjolsing (949) 499-4555 x 3171 tklolsing(@_scwd.org Proiect Title: Lift Station No. 6 Forcemain Replacement Proiect As previously mentioned in the scope of work section, AKM has a strong history of being able to quickly respond and mobilize for resolution of all issues. AKM is able to do this by not over committing our resources. We have analyzed our current workload and are offering an elite team who will maintain the necessary availability for the life of the Contract. Additionally, responsiveness is a hallmark of our team. We understand the importance of being responsive to our clients in order to facilitate timely commencement, progress, and conclusion of the project. While the project schedule will largely be driven by contractually required milestone dates, and the construction schedule developed by the awarded contractor, AKM will maintain consistency in our response timeframes to ensure we are playing an active role in advancing the project forward. The following are our proposed response times or deliverable timeframes for the project. • Response to Change Order Proposals: 1 to 3 business days depending on size, scope and complexity of the change order. • Submission of Daily Reports: All Daily Reports will be submitted by 9:00 AM the following business day. In most cases, the Daily Report will be provided the same day. AKM Prop. 23-1061 19 On -Call CM/I-ri, • Baseline Schedule Review: 1 to 5 business days depending on size and complexity of the schedule submitted. • CPM Schedule Update: 1 to 2 business days depending on number of changes made in the schedule. • Monthly Report: 5 business days following the last working day of the Month. • Field Compliance Documents: Field compliance documents such as materials certificates, material tickets and testing reports will be kept in the master project file and made available to the City within 2 business days. Additionally, a copy of the documents will be included as an attachment in the Inspector's Daily Report. • As -Built Drawings: 2 business days once reconciled with the Contractor's records. • Closeout Documents: 1 business day once received from the Contractor. • Request to Mobilize for the Project: 1 business day. • Deployment of Web Based Project Management or Document System: 2 to 4 business days. • Meeting Minutes: 1 to 3 business days depending on length and complexity of the meeting. Rate schedule is being provided under separate file as requested in the RFP and on Planetbids. This schedule is valid for three years. The forms requested in the RFP can be found in Appendix A, which include Non -Collusion Affidavit, Non -Lobbying Certification, and Non -Discrimination Certification. AKM Prop. 23-1061 20 Forms Appendix FNT 3 1: NON-COLIATSI<ON AFFIDAVIT': 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 refiain 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 MalM* a false certification bje I. the certifier to criminal prosecution, Signed State of California County of Subscribed and sworn to (or affirmed) before ine on this day of 2W by Si r proved to me on the basis of satisfactory evidence to be the per'sa s) who appeared before me. Y ary ftblic Signature A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this Certificate is attached, and not the truthfulness, accuracy, orvalidiiyMhatdocument. JUDY A. SfURDIVANT ° Y: _ COMM. #2331402 z Notary Public • California o Orange County My Comm, Expires Aug. 11, 2024 Notary Public Seal City of Santa Ana RPP Page AM Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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 AKM Signed and Pisnted Name: Emin Kayiran Title Vice President / Director of Construction Management Date 8-8--2023 City of Santa Ana RPP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. 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 ConsuItant'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 City of Santa Ana RFP Page A3-3 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 "iolation of the Chapter. Signed: —� Title: Vice President / Director of Construction Management Firm: AKM Consulting Engineers Date: 8-8-2023 City of Santa Ana RFP Page A3-4 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable AW = r*r �= mom r! MMs � s MMM AKM Consulting Engineers 553 Wald Irvine, CA 92618 Telephone: 949.753.7333 Facsimile: 949.753.7320 www.akmce.com August 8, 2023 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attn: Mr. Edward Torres Water Resources Infrastructure Construction Management Subject: Proposal to Provide On -Call Water Resources Construction Management and Inspection Services (RFP No. 23-122) Dear Mr. Torres: In response to your Request for Proposal dated July 18, 2023, AKM Consulting Engineers (AKM), a SBA certified Small Business Enterprise, is pleased to submit this proposal to provide on -call construction management and inspection services to the City of Santa Ana (City). These rates will be valid for three years. We appreciate the opportunity to submit this fee proposal and look forward to working with the City of Santa Ana. If you have any questions or require any additional information, please do not hesitate to contact the undersigned. Very truly yours, AKM Consulting Engineers Emin Kayiran, CPII( Vice President / Director of Construction Management Services AKM Proposal No. 23-1061 On -Call CM/I AKM CONSULTING ENGINEERS RATE SCHEDULE .. Title Principal Fixed Hourly Rate $269 Principal Engineer $269 Project Manager $261 Project Engineer $248 Senior Construction Manager $220 Construction Manager $195 Senior Engineer $228 Senior Field Engineer / Inspector $190 Field Engineer / Inspector $165 Associate Engineer $177 Staff Engineer $157 Financial Analyst $144 Senior Designer / Senior CADD $124 Designer / CADD $115 Assistant Engineer $114 Engineering Tech $105 Engineering Aide $89 Office Support $89 Data / Word Processing $86 Out of pocket expenses (blueprinting, reproduction and printing, delivery, etc.) will be invoiced at cost plus 10%. Subcontracted services will be marked up 10% in order to cover costs associated with administration, coordination and management of subcontractors. Mileage will be invoiced at $0.70/mile. This schedule of rates is in effect until December 31, 2026, at which time it may be adjusted. AKM Proposal No. 23-1061 2 EXHIBIT 3 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ANSER ADVISORY MANAGEMENT, LLC TO PROVIDE ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 3rd day of October, 2023 by and between Anser Advisory Management, 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. On July 18, 2023 the City issued Request for Proposal ("RFP") No. 23-122 by which it desired to retain a consultant having special skill and knowledge in the field of construction management and inspection services on an on -call basis for the City's Public Works Agency. Said services are required to augment City staff efforts to complete delivery of capital improvement projects involving public works infrastructure and City facilities. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-122. 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 SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-122, 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 Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-122. The total compensation for services provided by all consultants selected under RFP 23-122 shall Page 1 of 10 not exceed the shared aggregate amount of $3,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on October 3, 2023 and end on October 2, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, 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 -employee 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. Page 2 of 10 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. (iii)Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. Page 3 of 10 (iv)Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv) Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. Page 4 of 10 (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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 Page 5 of 10 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; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by City. Page 6 of 10 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 specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 consultant and/or contractors 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 Page 7 of 10 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. 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: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 8 of 10 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: Tyson Atwood Principal -in -Charge Anser Advisory Management, LLC 2677 N. Main Street, Suite 400 Santa Ana, CA 92705 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. 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 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. [signatures contained on following page] Page 9 of 10 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ANSER ADVISORY MANAGEMENT, LLC TO PROVIDE ON - CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ?NATHAN T. MART Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: TYSON C. ATWOOD Title: Senior Vice President Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO.23-122 INTRODUCTION/PROJECT DESCRIPTION The City of Santa Ana intends to retain Construction Management firm on an as -needed or "On -Call" basis. A Professional Services Agreement will be entered into with multiple qualified firms to provide construction management services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may later be asked to provide construction management proposals on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. The firm shall provide general Construction Management services to support the construction efforts and serve as an extension of City staff to assist in the overall delivery of this project, including pre -construction tasks, managing construction and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Construction Manager or his authorized representative. City staff may assist in managing construction and will oversee the work of the Project Manager, Inspector, and Contract Administrator. Firms must provide construction management services and contractor administration in conformance with the requirements set forth in the State's Construction Manual, State's Local Assistance Programs and Procedures Manual, OCFCD encroachment permit/requirements, and other Agencies regulatory permits/requirements. The construction manager is expected implement contract requirements and comply with all Federal and local guidelines in order to execute successfully the project in a timely and cost efficient manner. City of Santa Ana RFP 23-122 Page Al-1 The majority of capital improvement and construction projects within the city includes, but is not limited to, the following: • Street rehabilitation • Sewer improvements • Storm Drain improvements • Bridge construction • New building construction • Water service and pipelines • Pump and motor improvements • Irrigation and landscaping • Site Improvements; concrete sidewalk, etc. • System controls and instrumentation • Streets and park lighting • Parks and Recreation facility improvements • Mechanical system • Electrical system • Traffic Signal Improvements Scope of Services The required services by the Project Manager, the Inspector and the Contract Administrator may include the following: RESIDENT ENGINEER / ADMINISTRATOR a. The PM shall represent the City Construction Manager in the field. The CM shall possess a minimum of (5) years' experience in construction management. b. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications or references that affirm the experience. 2. BID ANALYSIS a. Prior to the start of the project, the PM shall be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all sub -contractors have a valid City Business License. 3. STAFF REPORTS a. Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines. City of Santa Ana RFP 23-122 Page Al-2 4. GENERAL CONSTRUCTION ADMINISTRATION a. Coordinate with the City to define the roles and responsibilities during construction and develop a construction management plan. b. Co -lead pre -construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes. c. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements. d. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as- built records. e. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise. £ Manage the Construction Management Software PROCORE, coordinating with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team. g. Shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project. 5. SUBMITTAL/RFI REVIEW & PROCESSING a. The PM shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals"). Shall transmit the Submittals to City staffing for review and approval, and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals. b. PM shall develop, maintain, and manage all submittal/RFI logs. c. Determine the workflow on PROCORE for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team. 6. CONSTRUCTABILITY REVIEW a. Shall review project plans and specifications to determine its "constructability". Shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. Update the project schedule as required showing current conditions and revisions required by actual progress. City of Santa Ana RFP 23-122 Page Al-3 b. The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts. 7. CHANGE ORDER REVIEW a. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component. 8. SAFETY a. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations. 9. PROGRESS PAYMENTS a. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. b. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment. c. Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review. 10. INSPECTIONS a. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. b. Facilitate and coordinate inspection by representatives of other agencies. c. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections. d. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants. e. Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions. City of Santa Ana RFP 23-122 Page Al-4 11. CLAIMS a. Claims submitted by the contractor must adhere to the Public Contract Code Section 10240 and 20104. b. PM shall coordinate with City consultant on claim matters. c. Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim. Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions. 12. PREVAILING WAGE / LABOR COMPLIANCE a. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. b. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments. c. Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis. 13. CWA COMPLIANCE a. Shall monitor and enforce the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments. b. Outline responsibilities within the agreement and assist contractors in achieving the CWA goal. 14. PROJECT CLOSEOUT a. The PM shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue. b. Shall provide a close out report outlining any obstacles, violations, services performed, and final percentages achieved by the workforce as part of the CWA. c. Shall provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance. 15. COMMUNITY OUTREACH a. Attend and co -lead a pre -construction meeting with the community. Primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts. b. PM shall coordinate with the city's community liaison and communicate with the community regarding impacts related to the construction project. City of Santa Ana RFP 23-122 Page Al-5 16. FEDERAL REQUIREMENTS a. Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City. b. Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project. c. Compliance with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) authorized by the American Rescue Plan Act (ARPA). Review ARPA requirements for construction and enforce any regulations set forth by these funds. All tasks listed above shall be required on an as -needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project. Payment and Invoicing: Selected Construction Management Firm shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. A 10% retention will be held on every invoice through the project. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Consultant Responsibilities: Consultant shall provide all required insurance as outlines in Attachment 3 of this RFP. City of Santa Ana RFP 23-122 Page Al-6 EXHIBIT B CONSULTANT'S PROPOSAL On -Call Construction Management and Inspection Services A NA M rr T I for the City of Santa Ana RFP No. 23-122 ANSER"' ADVISORY Anser Advisory Management, LLC 2677 North Main Street, Suite 400 Santa Ana, CA 92705 714.276.1135 Table of Contents 1. Statement of Qualifications.....................................................................................................................................1 A. Cover Letter.................................................................................................................................................................................................... 1 B. Contract Agreement Statement..................................................................................................................................................................... 3 C. Firm and Team Experience............................................................................................................................................................................. 3 FirmOverview............................................................................................................................................................................ 3 RelevantFirm Experience........................................................................................................................................................... 3 ProjectTeam Overview.............................................................................................................................................................. 4 D. Understanding of Need/ Schedule Delivery.................................................................................................................................................. 7 E. Relevant Project Experience.......................................................................................................................................................................... 7 F. References......................................................................................................................................................................................................9 2. Scope of Services and Schedule...............................................................................................................................10 1. Resident Engineer/Administrator...................................................................................................................................................................10 2. Bid Analysis.................................................................................................................................................................................................... 10 3. Staff Reports.................................................................................................................................................................................................. 10 4. General Construction Administration............................................................................................................................................................10 5. Submittal/RFI Review & Processing............................................................................................................................................................... 12 6. Constructability Review..................................................................................................................................................................................12 7. Change Order Review....................................................................................................................................................................................13 8. Safety............................................................................................................................................................................................................. 13 9. Progress Payments.........................................................................................................................................................................................13 10. Inspections................................................................................................................................................................................................... 14 11. Claims........................................................................................................................................................................................................... 14 12. Prevailing Wage/ Labor Compliance............................................................................................................................................................15 13. CWA Compliance.......................................................................................................................................................................................... 16 14. Project Closeout........................................................................................................................................................................................... 16 15. Community Outreach...................................................................................................................................................................................17 16. Federal Requirements...................................................................................................................................................................................17 a. Anticipated Approach.............................................................................................................................................................18 b. Necessary Tasks for Successful Completion.............................................................................................................................18 c. Deliverables............................................................................................................................................................................18 d. Suggestions or Special Concerns.............................................................................................................................................19 e. Assumptions and/or Exclusions...............................................................................................................................................19 3. Fee Proposal *(individual attachment).................................................................................................................................................................................. 4. Certifications........................................................................................................................................................... 21 5. Resumes.................................................................................................................................................................. 24 CITY OF SANTA ANA I RFP NO: 23-122 Anser Advisory A. Cover Letter 1. Statement of Qualifications August 8, 2023 City of Santa Ana, California Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Attn: Edward Torres, Senior Engineer (714) 647-5018 1 ETorres@santa-ana.org Re: Request for Proposals (RFP) for On -Call Construction Management and Inspection Services (RFP No. 23-122) We at Anser Advisory Management, LLC, dba Anser Advisory (Anser) are pleased to present the following proposal to provide On -Call Construction Management and Inspection Services to the City of Santa Ana (City) for the City's Capital Improvement Plan (CIP) Projects. We recognize that the level of staff required to best address the diversity of anticipated upcoming projects with the City of Santa Ana will vary based on each project's size as well as the availability of the City's internal resources to also support these anticipated projects. Anticipated projects span from street improvement, storm drain, traffic safety, utilities, lighting, water, sewer, parks, trails, and other public work projects as well as various public facility improvements to include the City Hall, zoo, community centers, and recreation facilities, highlighting the need for a highly experienced team of experts with a broad range of aptitudes. The City will benefit from a local Santa Ana firm (headquartered in Santa Ana) who is able to provide flexible and skillful staffing solutions to fit each project's unique needs. Anser can and will provide these solutions, with a diverse skillset and solid reputation for offering similar services within the City as well as to other similar -sized local municipalities and public agencies throughout Southern California. Serving as a local leader in construction management and inspection for public agency projects throughout Southern California, our proposal demonstrates a selection of our experience in providing these services on similar contracts and projects, highlights our proposed staff's education and experience, details our understanding of the scope of services and methodology of performing these services, and also confirms to the City our cost-effective rates and fees. Our team's combined experience, coupled with a deep understanding of best practices in coordination of diverse, complex, simultaneously occurring projects, enables us to confidently offer the following key traits to the City of Santa Ana: Experience, Commitment, and Responsiveness. Experience: Our team's Principal -in -Charge, Tyson Atwood, PE, QSD, a local Orange County resident, brings 20 years of broad experience in managing over $500 million of increasingly complicated projects heavily focused on public facilities, multi -modal path and trail systems, roadways, grade separations, infrastructures and other public works construction. Tyson's recent experience includes the $23.7million North Sphere Fire Station for the City of Palm Desert, the nearly $100 million 40-mile multi -modal corridor CVLink project for the Coachella Valley Association of Governments, and the $14 million 1-10 at Alabama Street Improvement Project for San Bernardino County Transportation Authority (SBCTA). Tyson is supported by a range of other highly experienced subject matter experts addressing each of the potential upcoming projects described in the City's Capital Improvement Plan. These leaders include: Jonathan Smith, PE, QSD, who is a former Director of Public Works and who brings over 30 years of engineering, design oversight, and project and construction management experience with a particular emphasis in public works infrastructure - oriented projects; Stephen Mutch, PE, CCM, Associate DBIA, QSD, who provides over 34 years of diverse experience with a particular emphasis on municipal projects, including libraries, municipal administration buildings, parks, and recreation facilities; Sunil Mallaiah, MSCE, Associate DBIA, LEED GA, whose background serving as a Regional Director of Construction for Los Angeles Unified School District (the second largest school district in the CITY OF SANTA ANA I RFP NO: 23-122 1 1 Anser Advisory A. Cover Letter 1. Statement of Qualifications U.S.) and over 25 years of industry experience lends itself to the efficient oversight of construction management on vertical construction projects; and Lucas Rathe, PE, QSD, whose focus in transportation and infrastructure projects over the last 16 years has positioned him as a construction management expert for roadway, bridge, grade separation and other transportation -oriented projects. In addition to these key proposed staff, we have included several other highly qualified construction managers and inspectors, many of whom reside in Orange or Riverside Counties and all of whom are based out of our Santa Ana office. Commitment: The Anser team goes above and beyond for our clients. Our team commits to supporting the City's goals as follows: ■ Work collaboratively and proactively with all stakeholders Work collaboratively with construction contractors to deliver projects on time and within budget ■ Comply with all applicable codes and regulations, permits, and mitigation monitoring requirements ■ Comply with the Prevailing Wage, Davis Bacon, Disadvantage -Business Enterprise (DBE), and Project Labor Agreement requirements, as applicable ■ Provide inspection in compliance with all federal, state, and local standards for right-of-way, street use, and other permits issued to private utilities or contractors ■ Provide the right expertise and resources to address each project need 0\0/0 Responsiveness: Information, decisions, cost, and time are all drivers by which our clients assess our performance. Bringing project and construction My management veterans with extensive knowledge, combined with technical expertise and wide-ranging experience in similar work, assures the highest 4( � level of performance and the best resources throughout each City project. We appreciate this opportunity to provide our qualifications, and further appreciate the opportunity to partner with the City of Santa Ana on your future work ahead. We look forward to the next steps in this solicitation process, and thank you for your time and consideration. Sincerely, Tyson Atwood, PE, QSD Principal -in -Charge, Senior Vice President/Managing Director tyson.atwood@anseradvisory.com 1 (714) 276-1135 2677 N. Main Street, Suite 400, Santa Ana, CA 92705 CITY OF SANTA ANA I RFP NO: 23-122 2 1 Anser Advisory )>)) 1. Statement of Qualifications B. Contract Agreement Statement Anser Advisory has no concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix C. Firm and Team Experience Firm Overview Anser Advisory is a national firm specializing in project, program and agency construction management and controls as well as capital program advisory and consulting services, including strategy, funding, process, and organization preparedness. Our services cover the capital development cycle from planning through construction and closeout. Our services begin with early phase strategic, organizational and program planning and continue through managing the tactical execution of each project or initiative. We operate nationally, with a diverse, talented staff of over 1,200 professionals, however, we leverage our local offices to support Southern California clients, including offices located in Santa Ana, Los Angeles, San Diego, and Palm Desert, encompassing over 250 employees including construction managers, program and project managers, inspectors, schedulers, architects, engineers, estimators, management consultants, claim specialists, financial analysts, procurement specialists, system configuration specialists, and construction auditors. Anser Advisory is a California Limited Liability Company. We were established over 27 years ago, previously known in the Southern California area as Simplus Management Company (Simplus). In June 2018, Simplus was co -joined with a series of other firms as Anser Advisory, LLC as part of a strategic growth and service offering enhancement. This acquisitive growth, coupled with our focus on our client's needs, provides our team with the diverse and robust expertise required to deliver it necessary services to our clients. CITY OF SANTA ANA I RFP NO: 23-122 TOP WORK PLACES 2023 ANSER ADVISORY 1996 Established 2018 Reorganized as Anser Advisory 1,200+ National Personnel 250+ Local California Personnel Regional Offices Los Angeles Santa Ana Palm Desert San Diego Relevant Firm Experience Anser is a national firm specializing in project, program and agency construction management and controls as well as capital program advisory and consulting services, including strategy, funding, process, and organization preparedness. Anser services cover the capital development cycle from planning through construction and closeout. Based on the needs of our clients, we have the capability, experience, and expertise to provide the following services: ■ Program Management ■ Project and Construction Management ■ Resident Engineering ■ Structure Representative ■ Office Engineering ■ Quality Assurance ■ Risk Mitigation Management ■ Project Controls ■ Cost Estimating ■ Scheduling ■ Inspection ■ Constructability Review ■ Utility Relocation Management ■ Claims Analysis and Support ■ Stormwater Compliance Monitoring ■ Contract Administration ■ Sustainability Program Planning and Support ■ Traffic Control Support ■ Construction Cost Accounting/Auditing $113+ Anser approaches management with a unique style, directed towards extensive communication, efficiency, Current Municipal Capital Project value engineering, and risk analysis, assessment, and Construction Value mitigation early in the project. We focus on being proactive and extremely responsive to our clients. We combine ' Industry Recognition an assertive attitude, practical field knowledge, and an in-depth understanding of cost control and schedule 20 ; ENR adherence Anser utilizes the most used accounting % software in the A&E industry, Deltek Vision to control Hot Firm our cost accounting and generate invoices. In addition, - spending curves will be generated with each invoice which will depict our planned versus current spend rate. 3 1 Anser Advisory C. Firm and Team Experience 1. Statement of Qualifications Project Team Overview with Project Anser is dedicated to supporting the! any contract that we commit to. Anser's staff and resources provide m flexibility to meet our clients' schedul, Water/ Sewer/ Utilities Parks/ Facilities Buildings 30C Michael Kalemkaryan Commissioning Agent Lynn Capouya Inc. Patricia Lear Assistant Project Manager Cong Phui Irrigation Designer Additional Support Services Available As -Needed MBI Media P2 Brad Jensen Lars Henderson Steven Burman Senior Resource Project Electrical Engineer Security System Designer Manager Scott Newman Benjamin Wong Kristyn Bogda Mechanical Engineer Technology System Designer Deputy Project Manager Eric Gomez Elizabeth Mazariegos Plumbing Design Engineer Project Manager Karl Von Der Linden Noemi S. Luna Technology Consultant Project Manager -ure of our work requires us to pally provide services on an expedited )ur typical backlog is made up of many duration assignments and therefore, Ilood varies on a weekly basis. Road Infrastructure/ Bridges Pacifica Services Edith Bolanos Labor Compliance Analyst Majorie Gayle Labor Compliance Officer Matthew Ibaven Labor Compliance Analyst STC Traffic Brett Hansen Construction Manager Kevin Stone Construction Engineer/ Sr. Inspector Rob Blough Principal Engineer CITY OF SANTA ANA I RFP NO: 23-122 4 1 Anser Advisory TYSON ATWOOD, PE, QSD I PRINCIPAL- IN- CHARG i7Tyson will be the Principal -In -Charge, Resident Engineer, and Contract Administrator for these projects. For over 20 years, Tyson has worked in the construction industry managing increasingly complex projects, managing multiple projects over $100 million in construction value. He has a diverse background managing projects in the municipal, transportation, aviation, energy, and water/wastewater industries. Tyson also has vast experience in Active Transportation (ATP) construction having managed over 50 miles of Class I, II, and IV facilities. He is highly experienced with both the Caltrans Standard Specifications and "Greenbook." Tyson is also an advanced user with software, including Bluebeam Revu, Primavera P6, e-Builder, AutoCAD, Microsoft Word, and Excel. X Jonathan is a hands-on, results -oriented leader with a proven history of productivity and an ability to take complex issues and get to a consensus quickly. During his 30 plus -year career, he has worked for numerous agencies throughout Southern California in roles varying from Director of Public Works to Senior Civil Engineer. He has experience related to construction management and design of water/wastewater projects, roadways, sound walls, retaining walls and buildings. He has served as Project Manager, Resident Engineer, Construction Scheduler, Estimator and Construction Inspector. Jonathan has been responsible for roadway design and construction, storm water pollution prevention plan preparation and compliance, various other experiences. Jonathan is a highly effective manager with an extensive amount of experience and skills. STEPHEN MUTCH, PE, CCM, ASSOC. DBIA, QSD I SUBJECT MATTER SPECIAL Stephen has over 34 years of broad civil design and construction management experience for various types and sizes of public agency capital V.improvement projects and Federal facilities. His background includes environmental system design and operations, vertical building, heavy horizontal, and underground utility projects. Clients rely on his expertise in permitting, sighting of facilities, project commissioning, coordination and oversight of design teams, stakeholder and third -party coordination, and environmental compliance. With Stephen's depth of experience in leading teams, he offers another level of redundancy in the overall program management of our team. SUNIL MALLAIAH, MSCE, A. DBIA, LEED GA I SUBJECT MATTER SPECIALIST AA to,I)Sunil is a civil engineer with over 25 years of construction and management experience, including work for the Port of Los Angeles, Los Cu Angeles County Metropolitan Transportation Authority, Loyola Marymount University, as well as the Los Angeles Unified School District, for which he has managed over $2 billion in capital improvement programs as their Regional Director of Construction. Sunil is based in the Santa Ana office of Anser. Hiss technical abilities and project scheduling background allow him to identify issues early and initiate timely mitigation efforts. He emphasizes an in-depth understanding of contract specifications concerning quality and compliance, which reduces and mitigates potential impacts on the project and minimizes project costs. LUCAS RATHE, PE, QSD I SUBJECT MATTER SPECIALIST I Lucas is a multi -disciplined resident engineer and project manager who possesses the experience, lessons learned, and communication skills to lead and manage any construction project. Lucas has managed a large variety of construction projects of various sizes and scopes. Regardless of the cost, scope or complexity, Lucas implements the fundamentals of construction management to maintain safety, quality, schedule and compliance on any project. These fundamentals are rooted in communication and decision making for what is best for the project to move forward to maintain schedule, reduce risk, and maintain budget. 1. Statement of Qualifications D. Understanding of Need/ Schedule of Delivery Anser will provide its best professional advice and consultation in a timely manner concerning construction management (CM), contract administration, planning, organizing, implementing, monitoring, and managing the construction of the City of Santa Ana's Capital improvement Projects. The City contemplates a substantial Capital Improvement Program over the next several years and the program will consist of a variety of construction projects. Anser has reviewed the City of Santa Ana Capital Improvement Projects and has identified potential projects for the on -call Professional CM support services contracts. Projects are expected to include Street Improvements (improvement of pavement conditions, sidewalk and alleys), Traffic Improvements (evaluate traffic collisions and congestion, identify and map safe routes to schools, and provide walkable and bikeable streets), utility/drainage/ lighting improvements (delivery of water and sanitary sewer services to the City's customers, address aging storm drain system and reduce storm water runoff), and City and park facilities (identifying deferred maintenance and capital projects to support facilities such as City Hall, Ross Annex, forty-seven (47) parks, six (6) joint -use facility sites, thirteen (13) community centers, two (2) tennis centers, five (5) municipal swimming pools, bicycle & recreational trails and the Santa Ana Zoo. The City requires its on -call CM consultant to support the City, represent its interests, and lead the everyday efforts in the planning, entitlement, design, construction, and oversight of assigned projects for various Capital Improvements within the purview of the Public Works Department. A successful project is achieved by fostering good relationships between project team members, including City staff, the design firm, and the Contractor. As the Owner's Representative, we will help establish good relationships with all team members, creating efficient chains of communication and treating all parties fairly and with respect. Our goal is for all parties to work cohesively as one project team to make sure that the project is constructed to the required quality, economic, and safety standards. Before we can accomplish these goals, we must first understand the viewpoints of not only the City but also, just as important, perspectives of the A&E firm. This allows us to analyze critical situations from all views and work with the project team to develop the best solutions throughout the project life cycle, from design to commissioning and close-out. E. Relevant Project Experience WateP IZOIAler/Utilitie- • City of Corona: Arantine Hills Sewer & Water Project I Prime Water and Sewer Inspection Services Anser has been providing inspection services for the Arantine Hills project for over a year. Project elements "` r involve water and sewer pipelines, lift T stations, reservoirs, streets, roadways, streetlights, facilities, parks, land development, and utility relocations. - In addition to providing inspection services, Anser staff coordinates with approximately five merchant builders that requires regular and constant communication to coordinate overlapping construction activities. • Wardlow Park Community Center Roof Replacement ($750K) 2023 -Current I Prime, JOC This project will remove and replace the community center's existing gravel roof system, HVAC equipment and furnishings, including additional water drainage building improvements. Anser will be providing construction management services throughout all phases of this project. Anser will provide part time support to manage site work and all project document control management for the City of Long Beach. Anser is currently awaiting additional project details to review plans and meet with the City to discuss finalized scope of work. • City of Corona: Keith 1220-Zone Potable Water Storage Tank and Pump Station Project • City of Huntington Beach: Slater Lift Station I ($4M) • City of Huntington Beach: Edwards/Varsity Water Main Replacement) ($1.8M) • City of Corona: Prado Dam Flood Inundation Utility Retro CITY OF SANTA ANA I RFP NO: 23-122 7 1 Anser Advisory E. Relevant Project Experience 1. Statement of Qualifications of Long Beach: Davenport Park Phase II - Park Expansion ter_ 4a ' s ' - 2024 IPrime ,($8.4M) 2023 Construction Management -- — This project will expand upon the existing j 5.5-acre park to 11.5 acres of total park area. The project will include a natural "J turf sports field, lighting, outdoor seating, fitness stations, walking trails, storm water "'`, 'improvements, new landscaping, and a new asphalt road and parking area. This project is currently in the pre -construction phase and is part of a multiphase program to improve this site. Anser is actively providing preconstruction planning and construction management services. • City of Long Beach: El Dorado Park Artificial Turf Soccer Field ($3.1M) March - September 20211 Multi -Prime, Project Management The project provided an artificial turf soccer field with an integrated high pressure cooling system, new portable goals, new protective netting behind goal, and new decorative fencing. New ADA curb ramps, pathways, and parking was added. Landscaping and site improvements included trees, sod, irrigation, multiple retention basins, field drainage network, decorative etched boulders, sidewalks, parking lot speed bumps, and a new hydration station. The project also included adding a new City meter, backflow, and wi-fi landscape irrigation controllers. Anser completed $1.2M under construction budget and on schedule and coordinated added scope for a new water meter and backflow assembly. • City of Long Beach: Admiral Kidd Park Playground Rebuild Phase 1 ($750K) 2022 - Current I Prime, Construction Management • City of Long Beach: Recreation Park Playground Renovation ($1.9M) 2021 - 2022 1 Prime, Project Management • San Gabriel Valley Council of Governments: Diamond Bar Golf Course Improve ments($40M) I Prime, Construction Management • Citywide ADA Parks Project ($440K) I Prime, Inspection Services • Citywide ADA Parks Project ($440K) I Prime, Inspection Services • San Diego: BayShore Bikeway -Barrio Logan Project ($18.4M) I Prime, Inspection Services CITY OF SANTA ANA I RFP NO: 23-122 Buildings • City of Long Beach: Michelle Obama North Branch Library ($34.6M) 2012 - 2016 1 Prime, Project Management The new LEED Silver certified North Branch Library is a state-of-the-art 24,655 square -foot single -story facility incorporating a historic tower and associated site work and street improvements. The new library includes areas for children, teens and adults, as well as three public community meeting spaces. Acting as an extension of City staff as the City's project manager, Anser staff was responsible for the overall successful completion of the project. • City of Los Angeles: LA Metro -Emergency Security Operations Center ($1.1M) Prime Construction Management The project consists of a minimum 80,000-square-foot, four -story -tall building that will be built in phases. The first phase consists of the core and shell of the building with a minimum of 91 at -grade parking stalls, ground floor lobby, EOC, and new Security Operations Center (SOC) Im- co-located on one floor. The second phase will include the tenant improvements for the Rail Operations center (ROC) and Bus IIIIII141j1j111111111 Operations Center (BOC), and all associated work. The project will achieve a Leadership in Environmental and Energy Design (LEED) v.3 Gold certification at a minimum, with ;�' a target of LEED v.3 Platinum certification, ' incorporating sustainable design features where appropriate, to minimize non- renewable energy consumption, reduce waste, and conserve water. • City of Long Beach: Emergency and Communication Center ($38.2M) Prime Construction • City of Long Beach: Scherer Park Community Center Renovation ($1.5M) 2022 - Current I Prime, Construction Management • City of Murrieta: Murrieta Senior Center Improvements Project ($400K) I Prime, Construction Management • City of Murrieta: CIP 21-04 Fire Station No. 5 ($8.6M) I Prime Construction Management, Inspection Services • City of Signal Hill: Police Station & Emergency Operations Center ($9.1M) I Prime Construction Management g I Anser Advisory E. Relevant Project Experience 1. Statement of Qualifications Arterials. Of San Bernardino: Traffic Signal Hardware Upgrade I Project i Cost: NTE $3.79M 1 2022 - 2023 LAnser was recently selected by the City of San Bernardino to provide construction management, inspection, and source inspection services for the upgrades to various traffic signal hardware at 224 signalized intersections, in partnership with the City's Public Works/Engineering Division. Through HSIP Cycle 9 funding, the City received grants to upgrade Various Signal Hardware at 224 Signalized Intersections on Various This project will enhance traffic safety Citywide. Environmental clearance was completed in early 2021, and the construction contract was awarded in December 2021. • City of Murrieta: Jackson Avenue Widening, Extension, and Bridge Project ($8M) I Prime, Construction Management Construction of the structural concrete support components of this 195' cast -in -place arch -culvert structure, consisting of six 24' wide arch cells that extend over Warm Springs Creek at the City of Murrieta's border with Temecula. This 12-month project connected Murrieta's Jackson Avenue with Temecula's Ynez Road and replaced the existing "Arizona Crossing." Responsibilities included daily observation, documentation, and digital recording of the erection of the concrete falsework and formwork, steel rebar installation, structural concrete placement, scheduling of concrete material sampling and testing, quality control monitoring and logging of concrete materials, pour dates, and laboratory test break results, organization of applicable RFI's, and submittals, concrete pour schedule review, and coordination with the design engineer, City Project Manager, and City Engineer. • San Diego Association Of Governments (SANDAG), 1-805/SR-94 Transit Only Lane Project Cost: $311M I Timeline: 2020 - 2021 • Coachella Valley: CV Link Multi -Modal Transportation Facility Project Cost: $100M 1 2020 - 2024 • City of Irvine: Irvine Boulevard Improvements ($12M) I Prime, Inspection Services • Riverside County: Avenue 66 Grade Separation ($35M) 2019 - 20221 Prime, Construction Management/Inspection Services • City of Irvine: Five Points Development ($150M) I Prime, Inspection Services • SBCTA: North First Avenue Bridge I Prime Construction Management CITY OF SANTA ANA I RFP NO: 23-122 rences Client Project Contact City of Corona, CA On -Call Project (951) 817-5741 Jeff Nelson, Management,Construction Jeff.nelson@ Public Works Management, and Superintendent Inspection coronaca.gov City of Oceanside, CA (760) 435-5030 Paul Pham, City Land Development ppham@oceansideca. Development org Engineer City of Murrieta, CA On -Call Project (951) 461-6076 Jeffrey Hitch, PE, Management,Construction J hitch@muriettaca. Principal Engineer Management, Inspection, gov and Labor Compliance City of Temecula, As -Needed Construction (951) 693-3917 CA Nick Minicilli, Senior Management and Nick.minicilli@ Traffic Engineer Inspection Services temecula.gov As -Needed Project City of Irvine, CA Management, (949) 724-6442 Alex Salazar, PE, CIP, Construction, asalazar@cityofirvine. Administrator Management, Inspection, org and Administrative Services County of Riverside Transportation On -Call Construction (951) 850-6068 Department (RCTD) Management Services edatuin@rivco.org Elmer Datuin, Materials Manager City of Menifee, CA On -Call Project (951) 672-6777 Carlos Geronimo, Management, cgeronimo@ PE, Principal Construction cityofinenifee.us Engineer Management, Inspection, and Labor Compliance 9 1 Anser Advisory 2. Scope of Services and Schedule 1. Resident Engineer/ Administrator Anser services cover the capital development cycle from planning through construction and closeout. Our services begin with early phase strategic, organizational, and program planning and continue through managing the tactical execution of each project or initiative. We operate nationally with a diverse, talented staff of over 1,200 professionals. However, we leverage our local offices to support Southern California clients; our office located in Santa Ana possesses over 200 employees, including construction managers, program and project managers, inspectors, schedulers, architects, engineers, estimators, management consultants, claim specialists, financial analysts, procurement specialists, system configuration specialists, and construction auditors. Our firm has provided staff who live in the area and contribute to the City and surrounding area. Anser has a strong advantage in servicing the City of Santa Ana's needs for long-term and short-term assignments. In staffing our team, we have assigned key personnel within the firm who have proven track records in successfully delivering these services to the City of Santa Ana and others. This results in Anser providing excellent local knowledge to the City with trouble - free results. We at Anser propose a unified team _ representing some of the industry's best projectt; Igo- ,- management professionals for this contract. The majority of the Anser team members listed have worked together previously on contracts i s� with other Cities and Agencies. 2. Bid Analysis Anser recognizes that the City will take the lead during the bid phase of the project. While we believe that our constructability review should minimize questions to the plans and specifications during the bid phase, Anser will be prepared to help respond to any bidder questions regarding questions on the plans or specifications. Anser will provide clear and concise responses to the bidder questions which the City can use to response in an amendment to the bid. Our project planning and approach are focused on minimizing risk of cost and schedule impacts by implementing a thorough constructability/ coordination review prior to the release of the bid documents Anser will assist the city with the final preparation of the construction documents in preparation for bidding. This support will include assistance with any pre job walks, review and response to bidders questions, review of contractors bids and we will make recommendations on the selection of the successful bidder. CITY OF SANTA ANA I RFP NO: 23-122 3. Staff Reports Anser will review the Construction Plans at key milestone dates to confirm that all major features of the design are progressing in accordance with Value Engineering decisions. A formal constructability review will be completed at this point to flag any discrepancies between documents and to verify the design is buildable. Anser will make sure comments provided during previous reviews are incorporated as well. In support of Bid Document preparation, Anser will perform a final verification that all constructability review and City comments have been addressed and incorporated. 4. General Construction Administration Pre -Construction Meeting & Schedule Review A Pre -construction Scheduling Conference will be held with the City, design team, contractor, and all applicable stakeholders to discuss the project. We will review the proposed baseline schedule with the contractor during such time. At that time, we want to understand the approach to the sequencing of work and minimize resubmissions of the baseline schedule. Opportunities to reduce the overall schedule and reduce the risk of schedule delays will be discussed. It is imperative to the project's success for the parties to agree upon a reasonable baseline schedule; this is the basis of regularly evaluating progress and apportioning responsibility for any delays. Weekly Meetings Anser will schedule and chair weekly progress meetings with the City, contractor, designer, and all applicable stakeholders to the project. The weekly meetings will include, at a minimum, the following items: comments on previous meeting minutes, health and safety issues, weather and SWPPP and AQMD, contract financial status, progress and schedule review, including four -week look -ahead schedule, submittal and RFI review, schedule QA/QC activities, QA/QC results and discussion of any key observations, (i.e., test failures and how they will be addressed) and any task -specific issues. I Monthly Meetings T_1, I ` Monthly Cost and Schedule Update Meetings will be held and will include at a minimum the following items: "sER' overall project schedule status, overall project budget status, contract time summary to date, progress payment (if applicable), change order requests, and associated costs. A monthly report summarizing the above will be issued with each meeting. 10 I Anser Advisory )>)) 2. Scope of Services and Schedule Special Meetings Special meetings may be required to address significant events or findings during construction that warrant special attention or pose potential problems or hazards to the completion of the project, particularly those which may result in significant change orders or claims. Special issues will be discussed as they arise and will also be addressed during the weekly construction progress meetings. Anser will promptly investigate each special issue and make recommendations as to a possible resolution. When and if a particular matter is in dispute, early identification and settlement of conflicting issues will be sought by conferring with the A&E firm and Contractor and, if necessary, resolution meetings will be scheduled. Detailed documentation will be maintained. Each special issue will be flagged, carefully tracked, and logged. Periodic summaries of special issues, including the disposition of each, will be generated and used for discussion with the City and during weekly progress meetings. • Previous Meeting • Overall Project Schedule Special meetings may be Comments Status required to address significant • Health and safety overall Project Budget events or findings that • Weather Status warrant special attention or • SWPPP • Contract Time Summary pose potential problems or • AQMD Progress Payment of hazards to the completion of • Contract Finan[ialStatus applicable), theprojecl,particularlythose • Progress Change Order Requests which may result insubstantial • Schedule review and Associated Costs change orders orclaims. • Submittal and RFI review ■ Summary Report of Detailed documentation will • Schedule QAIQC Previous Month be maintained. Each special activities, QAJQC results issue will be flagged, carefully • Any task -specific issues tracked, and logged. Progress Reports Anser will submit monthly progress reports to the City for review. This report will give a comprehensive overview of the project financials, schedule, change orders, and project risks. Additionally, this report will detail major milestone activities achieved for the past month, as well as planned activities for the following month. Project Administration and Document Control The Anser team understands that for the City to receive full funding reimbursement for any federally funded projects, our team will have to create and maintain hundreds of documents throughout the life of each project duration to provide proof that the project was administered in accordance with State and Federal guidelines. There are several reports that the construction management team will prepare for both the overall project team as well as the contractor. The reports below are some of the necessary reports to keep a record of the project as well as notify the contractor, City, and third -party personnel of project information, issues, and concerns. As -built Documents and Project Records Throughout the project, we will keep and maintain redlined (as -built) project plans and specifications documenting all changes during construction. At project closeout phase, we will review Contractor's redlined as -built plans and specifications submittal in comparison with our as -built plans and specifications prior to sending Contractor's submittals to the Design Consultant. After receiving record documents from Design Consultant, we will verify all record documents and record these documents to City project records. We will obtain and turn over all other project closeout documents, O&M manuals and all closeout deliverables as required in Construction Contract Documents. We will coordinate with the Design Consultant to review and accept project closeout documents. Schedule Control and Risk Mitigation Anser practices a style of construction contract administration called active risk mitigation management that emphasizes implementing best practices, recognizing change, actively managing risk mitigation (i.e., averting claims), and maintaining comprehensive progress documentation. Anser has a proven track record of proactively helping public agencies mitigate and resolve disputes during the construction period. Anser strongly advocates the use of the project critical path method (CPM) schedule as the primary tool for collaborative planning and coordination with the general contractor, documenting and reporting progress, scenario -testing, decision -making, and measuring delays. Throughout the project, Anser will review, analyze, and comment on the CITY OF SANTA ANA I RFP NO: 23-122 11 1 Anser Advisory 2. Scope of Services and Schedule Contractor's weekly and monthly updates submitted. Anser will closely monitor the Contractor's activities and make sure that the field activities and the duration of those activities match the information presented in the construction schedule. Any deviations should be incorporated into the Contractor's subsequent monthly update. This includes the cause of the delay, the duration of the delay, the corrective action planned by the contractor, and the budget and schedule impacts on the City. Permitting Our experience with permitting projects will allow our staff to closely monitor the progress of the design through the permitting phases. This is considered with local agencies and potentially with the state architect. The need to address the various agencies in the permitting phase is critical to make sure that we take advantage of every opportunity. Hence, you get the project out to bid as soon as possible and keep the various permitting phases from slowing down the work's design, pre -bid, and construction phases. Submittal/ RFI Review & Processing The Anser team reviews, investigates, and recommends action on submittals and information based on information presented in the Contract plans and specifications. We are experienced and comfortable coordinating with project designers and structures representatives on design related RFIs and submittals RFIs impacting the design or contract of a project are always reviewed with the engineer of record prior to a response being issued to the Contractor. Our approach is that the response should meet the terms of the contract unless the proposed solution is an overall benefit to the project. Submittal and RFI logs will be developed and maintained, and all RFIs and submittals are logged and tracked according to when they are received from and returned to the contractor and their approval or answer status. In addition, a list of required submittals based on the contract documents is developed for each project to assist both the construction management team and contractor in providing timely submittals and reviews, so as not to delay the work. Constructability Review Design Phase Upon contract award, our Project Manager will lead a series of kick-off meetings with the City and the design firm. The kick-off meetings will provide an opportunity to align on the project scope, communication protocols, project risk, safety, security, and schedule. They will also be a pivotal opportunity to level -set the roles and responsibilities between the City, Anser, and the design firm. A successful project is centered around four key principles: collaboration, cooperation, communication, and chemistry. A clear understanding of all team's primary responsibilities and interrelationships is critical and must be identified early. Anser can assist in developing a Responsibility Assignment (RACI) Chart. We can use our RACI Chart to track stakeholder commitments and obligations as contained in all applicable agreements by using team member responsibilities and functional relationship skills to set forth the project objectives and team control mechanisms. ROLE PLANNING& ExE[IITION IMPIEMENTATION DEFINITION &CLOSURE A C ProjectCounty - C A C C c C A Anser Project Manager Anser Project Team SME (Utility Programs) SME (Gmnts) Facilities Management AHl Utility Rebate/ incentive Staff Network Service Providers Design Development In this phase, the Anser team will lead Design Development meetings to help guide the design firm, review design documents and offer recommendations representing the City's interests. We will assist with periodic design reviews to verify technical accuracy in conjunction with the design team. A value engineering (VE) and constructability workshop will be organized with the design team to confirm the design is biddable, constructible, and cost- effective. This workshop will also identify discrepancies between drawings, which can help minimize future change orders. Anser will provide a formal report approving design development documents at this stage and an updated independent cost estimate (ICE) incorporating any value engineering (VE) options from the workshop. Anser will also review and approve the draft bid packages completed by the design firm. Construction Plans & Documents In this phase, Anser will review the construction plans at key milestone dates to confirm that all major features of the design are progressing in accordance with value engineering decisions made in the previous phase. A formal constructability review will be completed at this point to flag any discrepancies between documents and to verify the design is build -able. Anser will make sure comments provided during previous reviews are incorporated as well. In support of Bid Document preparation, Anser will perform a final verification that all constructability review and City comments have been addressed and incorporated. CITY OF SANTA ANA I RFP NO: 23-122 12 1 Anser Advisory )>)) 2. Scope of Services and Schedule Constructability Review The Anser team firmly believes in the ongoing review of the project documents during this phase. These reviews provide a structured format to evaluate the project plans technical specifications, contract documents, and bid schedule which are all critical in supporting construction. These documents must be coordinated so the future contractor understands the project's requirements. This effort will reduce project impacts and save time and money during construction. Anser utilizes Bluebeam RevuTM software for its constructability review comments on the project plans and specifications. Anser will mark up a set of plans on the PDF editor as shown in the example drawing. There are two benefits with this software which can improve efficiency and reduce review times between the project team. First, we can place the drawings in a cloud -based server where multiple team members can comment directly on the PDF. This will allow simultaneous reviews rather than back and forth commenting between the team. Second, once all the comments are compiled on the marked -up PDF set, the software can export a review sheet which clearly identifies the page number, comment and most importantly a picture of the item being discussed. This report is to supplement or replace the excel spreadsheet typically issued as the tracking log for the Constructability comments. When reviewing comments, there is no need for a set of plans and excel sheet. This report will combine both and make for more efficient, productive meetings with the team. Additional sketches and drawing details containing recommendations for package improvements will be provided to supplement the comment log to ensure clarity. The comment/ response log will be supplemented with full-size sheet plans with markups for each project. Anser very successfully utilized this system when completing reviews on all of our projects with very positive feedback from all parties. 7. Change Order Review In the construction industry, change can cause costly delays and challenge the team from fulfilling contractual obligations. At Anser Advisory, we understand that changes in the requirements of a project, the availability of resources and other unforeseen conditions can create real problems for your construction project. The combination of our construction manager and Cost Estimating Group has the proven experience and the expertise you need to help you navigate these issues and to provide you with the change order analysis you need to determine the changes have merit and are fair and reasonable so that costs are kept under control. Directed changes are typically originated by the client to add, remove, or alter a portion of the contract. These changes must be agreed upon by both or all parties to the contract. We assist our clients in resolving all change orders, regardless of the reason so that the client is aware of the fair and reasonableness of any change order requests for the program. The Anser team can provide you with guidance on the legitimacy/merit of the change order as well as if the cost is fair and reasonable. We provide you with the most effective strategies to address cost issues and to ensure that your project is completed on time. Our change order evaluation team can assist you to identify the most appropriate solutions and the best way to approach potential change related issues. We take pride in helping our clients receive fair and reasonable change order pricing while achieving greater productivity on their project in a competitive marketplace. Our goal is always to add value to the program's bottom line. If you need help in figuring out change orders and ensuring the most cost- effective solutions for these unexpected situations, we have the experience and can help with the best options in the industry. 8. Safety Safety will be a significant focus for our entire field management team. Safety is the prime responsibility of the general contractor and its subcontractors. As such, they will be required to provide a site -specific health and safety plan which is to include OSHA guidelines. If, during a site inspection, a perceived safety violation is occurring or has occurred, the team will immediately notify the general contractor of the safety violation for immediate action. A safety log will be maintained and discussed at each progress meeting to verify safety violations are addressed immediately and not made again. Our field management staff have been trained and will monitor for safety standards, and all possess a minimum of OSHA KIM 10-hour training. 9. Progress Payments Upon submittal of the Contractor's monthly invoice, Anser will verify work performed during that period and compare it against the approved schedule of values. Anser will resolve discrepancies with the Contractor and once verified and agreed upon, will process the payment application through the Owner's process. Anser will make a written recommendation for payment to the City. CITY OF SANTA ANA I RFP NO: 23-122 13 1 Anser Advisory )>)) 2. Scope of Services and Schedule 10. Inspections Anser offers experienced and qualified inspectors with extensive experience with Greenbook, CaIOSHA, and Work Area Traffic Control Handbook (WATCH) standards, and California Building Code (CBC). Our proposed inspectors, will provide daily on -site observation and inspection of required materials, equipment, and methods of construction Anser's inspectors are equipped with: • Vehicles with beacons • Levels • Measuring tapes • Cameras ■ Laptops and assure that the project remains in compliance with all contract documents, permits and regulations. Our daily inspection reports discuss conversations, labor, equipment, and work completed during the shift as well as adherence to the compliance aspects of the Contract backed up with photographs. Our work plan is to eliminate surprises to the City by being proactive in working with the Contractor to identify and resolve deficiencies or problems as quickly as possible at the field level. Our inspectors will utilize the 3 week -look -ahead - schedule to properly advance the construction effort by looking ahead, and by assisting the Contractor in resolving issues before they become problems. All work will be inspected for conformance with contract plans, specifications, and current specified and standards. Inspection documentation, processes, materials testing, and quality assurance will all be in accordance with our Quality Assurance Workplan. Comprehensive and accurate daily records of field activities become the go -to document when a dispute comes to light. Early recognition of an issue allows added opportunities for resolution. If extra work is required, accurate documentation is critical to determine the actual costs incurred and come to an accurate evaluation of cost. When disputed work is not resolved by change order, it must continue under a potential claim. In this case, the Anser Team will create a file number to track the Contractor's effort with added scrutiny. Accurate documentation of manpower, equipment, and materials will allow us to disallow or minimize the cost of disputed extra work. Coordinate QA/QC & Inspection Activities Anser will provide continuous QA Inspection per the Contract Documents. The contractor's activities, material deliveries, equipment and work force will be tracked on a daily basis and reviewed for compliance with the approved plans and specifications. Anser will coordinate and set up meetings or other activities othas necessary to make sure that QA/QC procedures are followed, and deficiencies are resolved in a timely and efficient manner. Anser will assist with coordinating the scheduling of Construction Inspectors and track visits, approvals and deficiencies from the start of construction through issuance of the Certificate of Occupancy. Initiate & Maintain Photo Documentation Photo documentation is very important to record progress on site. Photo documentation will be done regularly from agreed upon vantage points throughout the project site to establish a progress history. We utilize digital cameras to take photographs on an as needed basis to document daily activities, deficiencies, irregularities and as -built conditions. All digital photographs will be logged and placed in an electronic photo album on SharePoint. As an enhancement to traditional photo documentation, at the option of the City, Anser can utilize 360 degree image capturing during the course of construction. 360 capture technology gives the distinct advantage of knowing that the project is being fully captured at 360' View all stages of construction. Anser has found immense value in such software and the return on investment has nearly always exceeded the software costs as it has resolved multiple disputes which otherwise may have resulted in costly claims. 11. Claims Anser's goal is to resolve disputes at the field level as much as possible by facilitating an understanding of the contractual obligations and providing creative opportunities to achieve win -win outcomes. If appropriate, we will work with the contractor to come to a fair and reasonable settlement of the issues, which are acceptable to all parties. Anser believes in and practices proactive communication and proactive management, which promotes collaboration on the job and we will make every attempt to resolve issues before they become disputes. We will vigorously defend the interests of the City and explicitly enforce the contract documents. Our team employs claims experts with a proven track record with public agencies on projects of all sizes. The Anser team brings valuable "lessons learned" and advice on resolving and mitigating potential contractor claims. CITY OF SANTA ANA I RFP NO: 23-122 14 1 Anser Advisory )>)) 2. Scope of Services and Schedule The Anser team provides two key differentiators that deliver particular value to our clients: First, our team is dedicated to "Project First" thinking. This means that we consistently observe the best interests of the project in every action. Second, we practice a style of contract administration that emphasizes the implementation of best practices, recognizing change, mitigating risk (i.e. averting claims), and maintaining comprehensive progress documentation. 12. Prevailing Wage/ Labor Compliance Certified Payroll Records Pacifica will monitor and review weekly certified payroll records, labor compliance forms, and one-time submittals and to monitor and ensure timely submittal of weekly payroll records, in compliance with the following regulatory drivers: State Prevailing Wage Determinations Pacifica will ensure that the selected Contractor complies with all applicable State Prevailing Wage requirements for all work covered by the Department of Industrial Relations (DIR), which includes but is not limited to non- traditional craft work such as Land Surveying, Fields Soils and Materials Testing, Commissioning, and Inspection Services. Pacifica shall verify the selected Contractor's compliance with new requirements, such as legislation SB 854, as well as new scopes of work and trade classifications issued by the DIR. Our team will also be requesting, as needed, worker canceled checks or additional documentation that confirms of payment of Prevailing Wages (both Basic Hourly Rate and Fringe Benefits). Federal Davis -Bacon Related Acts (DBRAs) For contracts that have both State and Federal funding, we will coordinate with the City for verification of bidding information and documents to ensure that the correct applicable federal Wage Decision was included at the time of bid. Additionally, our team will perform a courtesy check to ensure that any federal Wage Decision Modifications issued within ten (10) days of the Construction RFP's bid due date is applied to the project accordingly pursuant to Federal 29 CFR Section 1.6(c)(3). During construction of a federally funded project, our team will be ensuring monitoring payment of both State Prevailing Wage and Federal Wage Decisions as well as related Federal Wage Modifications by including both wage types within the Contractor Compliance packet that will be provided to all contractors performing on the project. Should there be a difference between the state and federal prevailing wages rates for a similar or equal classification of labor, the Contractor shall pay not less than the higher wage rate. Additionally, Pacifica will work with the Prime Contractor and the City for any federal conformances for trade classifications (i.e. Land Surveying) that are not published within federal wage decisions but are published with State Prevailing Wage determinations. Our team will provide the City with status updates as necessary for any conformances. Payment of Fringe Benefits portion of Prevailing Wages At minimum, all contractors performing on a public works project will be required to provide proof of payment of Fringe Benefits contributions for at least one reporting period month in which work was by the contractor. Acceptable forms of Fringe Benefit payment confirmation include but are not limited to worker canceled checks (front and back), Financial Statement for a credit banking institution, Union Employer Contribution Reports and Union Status Letters with corresponding canceled checks, and/or online payment confirmation of Training portion to the California Apprenticeship Council (CAC), applicable Union Trust Fund, or State approved apprentice program noted on the Division of Apprenticeship Standards (DAS) section of the DIR website. Employee Field Interviews & Site Visits To proactively address any potential labor issues early on, Pacifica proposes conducting monthly field interviews during integral phases of the construction schedule. Pacifica will secure the Construction Schedule from the Contractor and/or the City's designated Project Manager and with best efforts, coordinate on -site field interviews within the first week or month of work performed. Pacifica will verify the Construction Schedule throughout the project to coordinate on -site field interviews for various trade crafts mobilizing on -site for the first time (i.e. stripers, roofers, painters). Additional field interviews can be conducted for any of the following reasons: ■ Formal and Informal Working Complaints; ■ Discrepancies identified in Contractors' submittals of required forms, as well as Contractor Certified Payroll Records indicating possible violation(s); Funding Source requirements (i.e. Grants); and ■ At the request of the City. CITY OF SANTA ANA I RFP NO: 23-122 15 1 Anser Advisory )>)) 2. Scope of Services and Schedule Discrepancy Notifications As noted above, Pacifica's proposed team will conduct Employee Field Interviews and verify worker information against Certified Payroll Records submitted by the selected Contractor and their Subcontractors, to ensure compliance with all state and federal regulations, laws, and provisions. Upon review of Contractor submitted documentation via U.S. Mail, and/or third - party electronic system. Pacifica shall develop, prepare, and electronically issue monthly Compliance Discrepancy Notifications and corrective action measures to the Contractor for immediate action and resolution, as necessary. Pacifica will inform the City of all Contractor delinquent requirements, suspected violations, and underpayment of workers. 13. CWA Compliance Anser will monitor and enforce the City's Community Workforce Agreement forms and requirements to ensure compliance. We will do so with our weekly progress reports, and will also provide those in our monthly reports. We have the necessary staff to monitor compliance and give accurate reports to assist the contractors in achieving the CWA goal. 14. Project Closeout fi Our goal for the Project Closeout phase is to — { provide the City with a complete, value-added, set of documents and tools to manage your projects well into the future. We will make sure the quality of the final output is aligned with the project requirements and your vision. We will perform project closeout in compliance with the Construction Contract Documents. Preliminary and Final Punch Lists We will conduct inspections of the Project site to determine dates of substantial completion. We will continuously coordinate with all project stakeholders, so we have preliminary and final punch list walks documented that comply with the Construction Contract Documents. Throughout the project, we will communicate efficiently with the Design Consultant so that we have the preliminary and final punch lists prepared and delivered to the Contractor. As the Construction Manager, it is our responsibility to communicate with both the designer and the contractor. We will monitor and ensure that the Contractor addresses all punch list items in compliance with Construction Contract Documents and Design Consultant's comments and recommendations. Finally, we will review written guarantees and related documents assembled by Contractor and shall recommend to Project Manager the issuance of the final certificate for payment. As -built Documents and Project Records Throughout the project, we will keep and maintain redlined (as -built) project plans and specifications documenting all changes during construction. At project closeout phase, we will review Contractor's redlined as -built plans and specifications submittal in comparison with our as -built plans and specifications prior to sending Contractor's submittals to the Design Consultant. After receiving record documents from Design Consultant, we will verify all record documents and record these documents to City project records. We will obtain and turn over all other project closeout documents, O&M manuals and all closeout deliverables as required in Construction Contract Documents. We will coordinate with the Design Consultant to review and accept project closeout documents. Final Payment When the contractor has notified Anser and has confirmed that all punch list items are complete, we will make a recommendation, in writing to the City, in connection with the final payment to the contractor. To support this recommendation, Anser will assemble all documents relating to final payment, including retention, unresolved change orders, and unpaid invoices, for approval by the owner. Once approval is received for the final payment, which resolves all outstanding financial obligations with the Contractor, the payment is processed, and the contract closed. If the Contractor requests any claims or adjustments, the contract cannot be closed until these are completely resolved. Final Cost Report Anser will summarize total project costs in a final report, listing all change orders, and identifying any unresolved issues, which may have a post - construction cost impact, such as a claim or other dispute. Anser will communicate this information in a summary narrative, including assumptions on any post construction cost impacts, and support this information with a cost and change spreadsheet of final project accounting. Operation and Maintenance (O&" Manuals and Training In coordination with the Contractor and design firm, Anser will prepare and submit all O&M manuals and training program documentation and confirm all specified training programs for the City's staff are completed CITY OF SANTA ANA I RFP NO: 23-122 16 1 Anser Advisory )>)) 2. Scope of Services and Schedule per the contract requirements. The specifications will address the systems and subsystems for which manuals and training are required, the media for these materials, quantity, schedule, formatting standards, and other detailed requirements. Anser will document all closeout procedures, tests, training, and documentation in the Project Management Plan and submit a finalized Plan to the City. Notice of Completion We will provide a recommendation to the City on Notice of Completion (NOC) date, prepare a NOC document, and record the NOC with the City at the end of the project. Project Acceptance and Turnover Finally, we will collect, prepare, and submit to the City all Project documentation, electronic files, brochures, material records, final as -built plans from Contractor, warranties, operations and maintenance manuals, final punch -list, and all other closeout documents to turn -over a successful Project to the City. 15. Community Outreach Our proactive approach to communication and community engagement assists and supplements the City's efforts to best provide transparency and enable holistic support for your the project. Our members of our CM team will be able to attend and co -lead a pre -construction meeting with the community to discuss the major anticipated construction impacts. Our PM and PIC will coordinate with the city's community liaison and communicate with the community regarding impacts related to the construction project. Anser will also be working with Mel Media to assist with our marketing and outreach needs within the community. With more than 34 years of expertise, MBI has taken part in some of California's most high -profile projects, facilitating community dialogue about complex and sensitive issues throughout the region. Our team of professionals is made up of individuals with diverse various cultural backgrounds, allowing MBI to provide a wide range of services I that are strategic, innovative, and effective. UPI These services range from public outreach, community and stakeholder engagement, Virtual Meeting Rooms (VMRs), media relations, campaign development, and branding that are supported by our industry -leading, in-house design studios, which specialize in graphic design, digital photography, web design, video production, and 3-D animation, along with technical writing, copy editing and copywriting. We bridge the gap in communications for our clients and engage with Southern California communities that are large and small, contentious and exuberant, multicultural and multilingual. 16. Federal Requirements The Anser team is familiar with preparing all the financial and bid documents in accordance with LAPM Chapter 15 "Advertise and Award Project". We will utilize the checklists (15-A; 15-13; and 15-C) from the chapter to verify that critical contract items, such as Prevailing Wage Rates, FHWA-1273, DBE commitment/goals, permits, rightof-way acquisition, and Caltrans Authorizations to Advertise (E-76) are completed. Our team will also prepare a Quality Control Management Plan (QMP) that outlines our testing frequencies and processes to ensure material and construction quality as well as a Source Inspection Quality Management Plan (SIQMP) that will outline inspection and release procedures for specialty fabricated items such as post tension assemblies, light poles, and bearing pads. The LAPM submittals, QMP, and SIQMP will be given to the Caltrans Local Assistance Engineer to review and concur with the advertisement of the project. Contract Administration Administering the contract includes managing and meeting all contractual Commitments while allowing the contractor to focus on completing the project without unnecessary delay or cost. Parties to these related commitments include Caltrans Local Assistance, Cities, various permitting agencies, affected utilities, the design team, and associated funding agreements. We adhere to the Caltrans Local Assistance Procedures Manual (LAPM). All materials and work performed will be documented through daily diaries, logs, reports, certificates, and all required forms to ensure all cooperative agreement, permit, and funding requirements are met. Document Control and Filing The Anser team understands that for the City to receive full funding reimbursement for any federally funded projects, our team will have to create and maintain hundreds of documents throughout each project duration to provide proof that the project was administered in accordance with State and Federal guidelines. The requirements of the Caltrans LAPM provide the minimum filing system that we must adhere to,but most of the proposed City projects are large and complex in nature and the full 63-category fling system established CITY OF SANTA ANA I RFP NO: 23-122 17 1 Anser Advisory )>)) 1. Statement of Qualifications in the Caltrans Construction Manual will be implemented. The Anser team has several office engineers and administrators who are experienced in utilizing the Caltrans filing system and will establish and maintain the documents such that they are accessible, orderly, and retrievable at any time for the Anser team, City, Caltrans, and auditing personnel. a. Anticipated Approach A successful project is achieved by fostering good relationships between project team members, including City staff, the design firm, and the Contractor. As the Owner's Representative, we will help establish good relationships with all team members, creating efficient chains of communication and treating all parties fairly and with respect. Our goal is for all parties to work cohesively as one project team to make sure that the project is constructed to the required quality, economic, and safety standards. Before we can accomplish these goals, we must first understand the viewpoints of not only the City but also, just as important, perspectives of the A&E firm. This allows us to analyze critical situations from all views and work with the project team to develop the best solutions throughout the project lifecycle, from design to commissioning and close-out. b. Necessary Tasks for Successful Completion Anser's CM will be the main point of contact for the city during the construction phase of the project. The CM will maintain all required project logs RFls submittals change orders design bulletins as built documents pay applications. Anser's CM will be responsible for execution of the construction phase of the assigned project reporting directly to the project manager. In this role the CM will be the eyes and the ears for the PM addressing many similar issues at field level such as monitoring schedule construction activities quality control and budgets. Field Observations - the CM will closely monitor the construction team and ensure that all parties are working collaboratively and optimally. If a conflict arises, the CM should reach out to the project manager to help resolve the conflict. Monitoring Budgets, Reporting - the CM will monitor the construction contract to ensure that the contractor is following all requirements identified there. These tasks also include monitoring the construction budget schedule labor compliance. The CM will also review the payment application from the contractor before making final recommendations and approval for this PM's review. Coordination - the CM will also be responsible for coordinating between various city agencies and departments as well as outside third -party permitting agencies to ensure compliance with all of the contract and permitting/ inspection requirements. The CM must be knowledgeable of the plans and specifications and have experience dealing with multiple tasks and be able to coordinate effectively to ensure a positive project outcome. c. Deliverables The lifeblood of any project is the field inspectors. For the Construction Manager, the inspection staff are the eyes and ears of the progress in the field and are first to identify any issues that pertain to quality or compliance with the contract. The Anser team has a robust team of road infrastructure and bridges, facilities and structures, landscape, park, drainage, and utility inspectors to support each City project. Anser will ensure that our field inspectors are prepared with both hard and electronic copies of plans, contact lists, copies of applicable specifications, and standard plans, and have a full understanding of the scope of work they are about to inspect. The assigned Construction Manager will be responsible to sit down with each new inspector and give them an indoctrination on safety, quality, compliance, traffic control, and any other information they will need for their assignment. In addition, each inspector will be equipped with the tools required to do their job. These tools include a vehicle with safety lighting, PPE, a laptop or Wad for their daily reports, a cell phone, and a camera. Anser inspectors always carry a tape measure with them, as well as a notebook and pen. These are the standard tools of an inspector and must always be in the possession of the inspector. Other tools that our inspectors will be equipped with are a builders/laser level, straight edge, measuring wheel, string lines, and stakes. Our inspectors are ready to provide continuous inspection during the standard eight -hour shift, but we recognize that the contractor's shift times may vary due to the time of year or special operations. The Anser team will provide CITY OF SANTA ANA I RFP NO: 23-122 18 1 Anser Advisory )>)) 2. Scope of Services and Schedule inspection support during all the contractor's shifts. d. Suggestions or Special Concerns When it comes to project management, construction management, and inspection of capital improvement projects in the City of Santa Ana, there are several suggestions and special concerns to keep in mind. These considerations are vital to ensure the success and timely completion of projects while adhering to safety standards and legal requirements. Below are some key points to consider: 1. Thorough Planning and Scope Definition: Before starting any capital improvement project, conduct a detailed planning phase to define the project scope, objectives, budget, and timeline. Engage with stakeholders, including residents, businesses, and other relevant authorities, to understand their needs and concerns. 2. Legal and Regulatory Compliance: Ensure that all projects comply with local, state, and federal regulations, including building codes, environmental regulations, and safety standards. Obtain all necessary permits and approvals before commencing any construction activities. 3. Risk Assessment and Mitigation: Conduct a thorough risk assessment for each project to identify potential risks and challenges. Develop effective risk mitigation strategies to minimize the impact of potential issues on the project. 4. Budget and Cost Management: Implement effective cost control measures to keep the project within budget constraints. Monitor expenses closely and identify any cost overruns early on to take corrective actions promptly. S. Stakeholder Communication: Maintain open and transparent communication with all stakeholders throughout the project lifecycle. Regularly update them on project progress, potential disruptions, and any changes to the schedule or scope. 6. Quality Assurance and Control: Implement a robust quality assurance and control program to ensure that construction work meets the required standards and specifications. Conduct inspections at various stages to catch and rectify any defects or issues. 7. Safety Measures: Place a strong emphasis on safety during construction. Ensure that all workers are properly trained, follow safety protocols, and use appropriate personal protective equipment (PPE). Regular safety audits and training sessions should be conducted. S. Environmental Impact: Capital improvement projects can have environmental implications. Consider sustainable practices, such as green building materials, energy -efficient designs, and waste reduction strategies, to minimize the project's ecological footprint. 9. Community Impact and Engagement: Keep the local community informed about the project's progress, timelines, and potential disruptions. Address any concerns they may have and involve them in the decision -making process when appropriate. 10. Project Tracking and Reporting: Implement a robust project tracking and reporting system to monitor progress, identify deviations from the plan, and take corrective actions in a timely manner. 11. Collaboration and Coordination: Encourage collaboration and coordination among different project teams and contractors to ensure smooth execution of the project. 12. Lessons Learned: After project completion, conduct a post -project review to identify lessons learned and best practices. Use this feedback to improve future capital improvement projects. e. Assumptions and/or Exclusions Anser Advisory has no assumptions or exclusions to include in our proposal. CITY OF SANTA ANA I RFP NO: 23-122 19 1 Anser Advisory 2. Scope of Services and Schedule Example Project Schedule The following is an example of a project schedule to align with the above described scope of services. 11— ..mono All 11: ll Ml 1, M—V3 20 M., 11/30/2o 4 111 4n111 Fa 411o/21 1 —P, F.- Od .3aviz3I =MC.."".-l' (C"R) we 2/2g/n v2.p3 r-1h, '/a/21 M., a/I/n wawad H/./. .. W/7/U ll Z:p-li= . .�—A 1.. I dll, M.n /�/l I — 121- -1— .1 -R.- . mwzna - 1-20 17 I I d., Fll:VMA. 12/7/20 18 —, / 1.1. (.—r --dl 3 d­ '. 1v./zO ,.,mono 1A I., I... Ill ,Vllp. M..oain 2� —1 — 4/1/21 �1 —8. 1 —Ift SU Ul- / D-1.1-11 . , ­ ... 6na3 —4/ 21 4/8121 22 8d d:, —11 14 W.d 4/2V21 —4/11/ 1 2� I d., —/zV2, wMw=sin 2. 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O.M T.l­ f—TA 2 :� :.3/� . 3P012 FFa3/31/23 79 C-1 A, VIQ/23 —nW3 74 t W—nh— 1--1 Ill, 1,. 11 ­ wvzsiz374 � d:, �:: V1 123 1.1/11/13 12 C.A. , , vz'P3 1. 3/2n' Ill,= I., Fa 3n123 1. 3/A/23 .4 F�M1,.— d- rrl 3n.n3 1. 3n3/21 .1 CITY OF SANTA ANA I RFP NO: 23-122 20 1 Anser Advisory" Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS 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 5 afakAtiveml State of)&YdKKMP"6H Virginia County of (Mgmg� cH Prince William Subscribed and sworn to (or affirmed) before me on this 7th day of August , 20 23 by Tyson Christopher Atwood , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature E"i`TI"I/I///� Op Emon Christian Moore a f REGISTRATION NUMBER �m v 8033469 111pl �111\\P COMMISSION Sept mbeEXPIRES 30, 2026 Notary Public Seal City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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 Anser Advisory Management LLC Signed and Printed Name: Title Senior Vice President Date 08/07/2023 Tyson Atwood City of Santa Ana RFP Page A3-2 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: Senior Vice President Firm: Anser Advisory Management LLC Date: 08/07/2023 City of Santa Ana RFP Page A3-4 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable Schedule of Fixed Hourly Rates Firm Name A N S E R ADVISORY Job Title Principal • Hourly (Sept1 •2024) $255 Technical Expert $240 Project Manager, II $240 Project Manager, 1 $225 Construction Manager, Senior $195 Construction Manager, 111 $175 Construction Manager, 11 $160 Construction Manager, 1 $135 Office Engineer $110 Inspector (Prevailing Wage) $185 Inspector $165 Scheduler, Senior $195 Scheduler, 11 $145 Estimator, Senior $185 Estimator, 11 $160 Admin, Senior $110 Admin, 11 $95 Labor Compliance Manager $135 Labor Compliance Analyst $105 Vehicles Other Direct Cost's POV Mileage Exp. $1,300 Fully Burdened Rate per IRS rate Subconsultant Mark -Up 10% LYNN CAPOUYA INC. LANDSCAPE ARCHITECTS 2023 HOURLY RATE SCHEDULE Attachment A Classification Hourly Rate Principal $ 275.00 Certified Irrigation Designer / Auditor $ 180.00 Sr Project Manager $ 180.00 Project Manager / Landscape Architect $ 170.00 Design Staff II $ 120.00 Design Staff 1 $ 105.00 Admnistrative Staff $ 95.00 Reimbursable expenses related to the project, whether for in-house, consultant or client use will be billed at 1.15 times direct cost. Such expenses include, but are not necessarily limited to: • CAD plotting of check sets and presentation drawings • Outside service scanning, printing, copying of drawings and documents of any size. • In-house project related printing / copying (black/white and color), including draft and final reports, specifications, and drawings. • Postage, delivery, and messenger service (prior client approval) • Renderings, physical and digital scale models and animations. • Videos, web services, opinion surveys. • Travel expenses, including mileage, tolls, lodging and meals. • Presentation boards. • Software purchase and licensure on behalf of the client. Hourly Billing Rates will be updated no more than once a year from the date of executed agreement. 2023 Rates effective through 12/31/2023 PACIFICA HOURLY RATES (08/01/2023) 7Laborompliance Manager $125 ompliance Analyst $95 Fee Proposal 1 3QC Inc. 3QC provides quality services at highly competitive rates. Hourly rates and fees include all overhead expenses — travel, administrative support, etc. POSITION Commissioning Authority RATE 235.00 ning Agent Sr. Commissioning Provider 231.00 223.00 i Sr. Project Manager i 206.00 Project Manager Commisgbning Provider Staff Engineer Commissioning Tech II Commissioning Tech 1 i i 189.00 165.00 151.00 Low Voltage Cx Provider 212.00 Fire Protection Cx Provider LEED Consultant LEED Administrator Sr. Administrator 238.00 211.00 147.00 100.00 Administrator i 82.00 EmployeeMBI Job Title Hourly Rate 2023 Principal in Charge $ 198.44 Communications, Marketing and Outreach Senior Project Manager $ 162.05 Communications, Marketing and Outreach Senior Resource Project Manager $ 149.82 Communications, Marketing and Outreach Project Manager $ 112.83 Construction Relations Representative $ 109.16 Communications, Marketing and Outreach Deputy Project Manager $ 88.67 Communications, Marketing and Outreach Account Coordinator II $ 77.36 Communications, Marketing and Outreach Account Coordinator I $ 73.38 Graphic and Web Design Sr. Graphic Designer $ 130.29 Sr. Web Designer $ 130.29 Deputy Graphic / Web Designer $ 76.92 Social Media Specialist $ 72.21 Photography Photographer $ 95.00 Photo Assistant $ 75.35 Library Administrator $ 72.21 Media and Animation Production Producer and Editor $ 120.75 Camera Operator $ 168.17 Production Assistant $ 95.00 Animation and Virtual Production $ 130.29 Other Jobs Copy/Technical Writer, QAQC $ 86.34 Translator / Interpretor $ 94.79 Administrative Support $ 72.21 Daily and Equipment Packages Daily Camera and Production Crew (inclds equipment and 2 staff) $ 1,800.00 Camera Equipment Package $ 850.00 Direct Cavassing/Noticing (centralized areas) less than 500 Count per Day (not incld mileage) $ 800.00 Direct Cavassing/Noticing (centralized areas) less than 1000 Count per Day (not incld mileage) $ 1,400.00 Direct Cavassing/Noticing (centralized areas) over 1000 Count per Day (not incld mileage) $ 3,200.00 Monthly Web Update/Maintenance (up to 8 hours per month) $ 1,000.00 Monthly Social Media Specialist (up to 12 hours per month) $ 800.00 Other Direct Costs - Estimate Mileage and Parking (IRS rate) current IRS rate Printing - External TBD MBI Internal Printing - Color .45 - .85 MBI Internal Printing - Black and White .15 - .25 Venue Rental TBD Audio Visual TBD Meeting Supplies TBD Translation/Interpretation Services TBD Court Reporter TBD Rentals TBD Mailing Postage (up front costs by others) TBD Noticing / Distribution TBD Web streaming/Internet cost TBD Food and Drinks for meetings TBD Total Other Direct Costs - Estimate TBD *ODCs to be invoiced, at time of service, at cost with 10% Fee P2S INC. RATE SCHEDULE FOR ENGINEERING SERVICES ON A TIME AND EXPENSE BASIS Category Rate PRINCIPAL ENGINEER $341 ENGINEER GRADE 05 $288 ENGINEER GRADE 04 $279 ENGINEER GRADE 03 $239 ENGINEER GRADE 02 $220 ENGINEER GRADE 01 $195 DESIGN ENGINEER GRADE 05 $239 DESIGN ENGINEER GRADE 04 $220 DESIGN ENGINEER GRADE 03 $195 DESIGN ENGINEER GRADE 02 $173 DESIGN ENGINEER GRADE 01 $154 DESIGNER GRADE 04 $164 DESIGNER GRADE 03 $154 DESIGNER GRADE 02 $141 DESIGNER GRADE 01 $135 CAD/BIM DESIGNER GRADE 04 $136 CAD/BIM DESIGNER GRADE 03 $123 CAD/BIM DESIGNER GRADE 02 $110 CAD/BIM DESIGNER GRADE 01 $100 COMMISSIONING GRADE 05 $288 COMMISSIONING GRADE 04 $250 COMMISSIONING GRADE 03 $213 COMMISSIONING GRADE 02 $170 COMMISSIONING GRADE 01 $146 PROJECTASSISTANT $100 In addition, for direct out-of-pocket expenses (when they occur), we quote the following 1) Automobile: at current IRS rate per mile from home office for travel outside Los Angeles, Orange, San Diego, San Bernardino, Riverside & King counties 2) Travel Expense: at Cost 3) Subsistence: While away from home office for more than 1 day: at Cost, but not to exceed $275 per day per person. 4) Plan Check Fees: at Cost plus 10% markup 5) Third -Party Services: at Cost plus 10% markup • Printing and copy services • Consultant and subcontract professional fees • Surveying / Soils Investigation • Testing Laboratory Work LIABILITY LIMITS Professional Liability $ 2,000,000. General Liability $ 5,000,000. Effective January 1, 2023 - December 31, 2023 RT-223 IIII�*7T�,G FEE SCHEDULE Executive/Management Classifications Hourly Rate Principal -In -Charge $270 Senior Principal Manager $250 Principal Manager $230 Senior Project Manager $210 Project Manager $200 Deputy Project Manager $190 Professional Engineering Classifications Principal Engineer $230 Senior Project Engineer $200 Project Engineer III $180 Project Engineer II $150 Project Engineer 1 $130 Professional Planning Classifications Principal Planner $190 Senior Project Planner $170 Project Planner 111 $160 Project Planner 11 $130 Project Planner 1 $110 Technical/Specialized Classifications Senior Systems Engineer $200 Construction Manager $200 Systems Engineer $180 Construction Engineer/Senior Inspector $170 Other Classifications Intern $90 Expert Witness $350 STC Traffic is a local business and there are no direct costs for mileage. Outsourced reimbursable expenses such as printing and reproduction, deliveries and overnight shipping, computerized plotting, materials, etc., will be charged to the client at the consultant's cost without mark- up. EXHIBIT 4 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ARDURRA GROUP, INC. TO PROVIDE ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 3rd day of October, 2023 by and between Ardurra Group, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 18, 2023 the City issued Request for Proposal ("RFP") No. 23-122 by which it desired to retain a consultant having special skill and knowledge in the field of construction management and inspection services on an on -call basis for the City's Public Works Agency. Said services are required to augment City staff efforts to complete delivery of capital improvement projects involving public works infrastructure and City facilities. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-122. 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 SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-122, 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 Services - Exhibit All, attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-122. The total compensation for services provided by all consultants selected under RFP 23-122 shall Page 1 of 10 not exceed the shared aggregate amount of $3,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the tenn of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall continence on October 3, 2023 and end on October 2, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, ct 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 -employee 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. Page 2 of 10 6. OWNERSHIP OF MATERIALS This Agreement creates a nonexclusive 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 nonexclusive 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to continence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall. be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. (iii)Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. Page 3 of 10 (iv)Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Page 4 of 10 (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. S. 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 Page 5 of 10 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; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by City. Page 6 of 10 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 specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 consultant and/or contractors 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 Page 7of10 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 maybe 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. 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: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 8of10 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: Dino D'Emilia CA Public Works Practice Director Ardurra Group, Inc. 1960 E. Grand Avenue Suite 300 El Segundo, CA 90245 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, communicationn 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. 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 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. [signatures contained on following page] Page 9 of 10 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ARDURRA GROUP, INC. TO PROVIDE ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By• ONATHAN T. MART EZ Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: By: Dino D'Emilia Title: California Public Works Practice Director Page 10of10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT I SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO. 23-122 INTRODUCTIONIPROJECT DESCRIPTION The City of Santa Ana intends to retain Construction Management firm on an as -needed or "On -Call" basis. A Professional Services Agreement will be entered into with multiple qualified firms to provide construction management services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may later be asked to provide construction management proposals on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. The firm shall provide general Construction Management services to support the construction efforts and serve as an extension of City staff to assist in the overall delivery of this project, including pre -construction tasks, managing construction and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Construction Manager or his authorized representative. City staff may assist in managing construction and will oversee the work of the Project Manager, Inspector, and Contract Administrator. Firms must provide construction management services and contractor administration in conformance with the requirements set forth in the State's Construction Manual, State's Local Assistance Programs and Procedures Manual, OCFCD encroachment permit/requirements, and other Agencies regulatory permits/requirements. The construction manager is expected implement contract requirements and comply with all Federal and local guidelines in order to execute successfully the project in a timely and cost efficient manner. City of Santa Ana RFP 23-122 Page Al-1 The majority of capital improvement and construction projects within the city includes, but is not limited to, the following: • Street rehabilitation • Sewer improvements • Storm Drain improvements • Bridge construction • New building construction • Water service and pipelines • Pump and motor improvements • Irrigation and landscaping • Site Improvements; concrete sidewalk, etc. • System controls and instrumentation • Streets and park lighting • Parks and Recreation facility improvements • Mechanical system • Electrical system • Traffic Signal Improvements Scope of Services The required services by the Project Manager, the Inspector and the Contract Administrator may include the following: 1. RESIDENT ENGINEER / ADMINISTRATOR a. The PM shall represent the City Construction Manager in the field. The CM shall possess a minimum of (5) years' experience in construction management. b. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications or references that affirm the experience. 2. BID ANALYSIS a. Prior to the start of the project, the PM shall be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all sub -contractors have a valid City Business License. 3. STAFF REPORTS a. Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines. City of Santa Ana RFP 23-122 Page Al-2 4. GENERAL CONSTRUCTION ADMINISTRATION a. Coordinate with the City to define the roles and responsibilities during construction and develop a construction management plan. b. Co -lead pre -construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes. c. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements. d. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as- built records. e. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise. f. Manage the Construction Management Software PROCORE, coordinating with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team. g. Shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project. 5. SUBMITTAL/RFI REVIEW & PROCESSING a. The PM shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals"). Shall transmit the Submittals to City staffing for review and approval, and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals. b. PM shall develop, maintain, and manage all submittal/RFI logs. c. Determine the workflow on PROCORE for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team. 6. CONSTRUCTABILITY REVIEW a. Shall review project plans and specifications to determine its "constructability". Shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with Iong lead-time. Update the project schedule as required showing current conditions and revisions required by actual progress. City of Santa Ana RFP 23-122 Page Al-3 b. The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts. 7. CHANGE ORDER REVIEW a. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component. 8. SAFETY a. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations. 9. PROGRESS PAYMENTS a. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials,. or other work requiring accounting records. b. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment. c. Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review. 10. INSPECTIONS a. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. b. Facilitate and coordinate inspection by representatives of other agencies. c. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections. d. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants. e. Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions. City of Santa Ana RFP 23-122 Page Al-4 11. CLAIMS a. Claims submitted by the contractor must adhere to the Public Contract Code Section 10240 and 20104. b. PM shall coordinate with City consultant on claim matters. c. Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim. Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions. 12. PREVAILING WAGE / LABOR COMPLIANCE a. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. b. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments. c. Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis. 13. CWA COMPLIANCE a. Shall monitor and enforce the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments. b. Outline responsibilities within the agreement and assist contractors in achieving the CWA goal. 14. PROJECT CLOSEOUT a. The PM shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue. b. Shall provide a close out report outlining any obstacles, violations, services performed, and final percentages achieved by the workforce as part of the CWA. c. Shall provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance. 15. COMMUNITY OUTREACH a. Attend and co -lead a pre -construction meeting with the community. Primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts. b. PM shall coordinate with the city's community liaison and communicate with the community regarding impacts related to the construction project. City of Santa Ana RFP 23-122 Page Al-5 16. FEDERAL REQUIREMENTS a. Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City. b. Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project. c. Compliance with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) authorized by the American Rescue Plan Act (ARPA). Review ARPA requirements for construction and enforce any regulations set forth by these funds. All tasks listed above shall be required on an as -needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project. Payment and Invoicing: Selected Construction Management Firm shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. A 10% retention will be held on every invoice through the project. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Consultant Responsibilities: Consultant shall provide all required insurance as outlines in Attachment 3 of this RFP. City of Santa Ana RFP 23-122 Page Al-6 EXHIBIT B CONSULTANT'S PROPOSAL - A - V 5 Proposal to Provide ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (RFP No. 23-122) Submitted to the City of Santa Ana _August 8, 2023 5h .N QL This page intentionally left blank 1. STATEMENT OF QUALIFICATIONS a. COVER LETTER August 8, 2023 City of Santa Ana Attn,: Edward Torres Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Subject: Proposal to Provide On -Call Construction Management and Inspection Services, RFP No. 23-122 Dear Edward Torres and Selection Committee Members; As the second most populous city in Orange County, the City of Santa Ana has a diverse range of capital improvement projects to maintain its mission "to deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents." Ardurra Group, Inc. can help! Our basic philosophy focuses on understanding our client's goals, enabling us to successfully serve as an extension of your staff. Our experience encompasses each area of your CIP program —from street and traffic improvements to utility, drainage, and lighting, as well as parks and facility improvements. We appreciate the opportunity to present our qualifications for on -call construction management and inspection services. As an experienced and reliable civil engineering, construction management and inspection firm, we are ready to support the City Public Works Agency's efforts in the construction and oversight of various capital improvement projects. Selecting the Ardurra team offers the City the following benefits: ■ Strong leadership enables smoothly run projects, Dino D'Emilia will serve as the principal -in -charge, and Omar Alameddine will serve as contract manager. With substantial experience on a variety of complex, high -profile projects, they will lead this comprehensive team of local professionals covering the wide range of resources needed to augment the City's Public Works Agency with experts in their respective fields. With our team, you get industry leaders looking for cost-effective and time -sensitive solutions to your toughest challenges, ■ The capacity to provide the right staff at the right time. Client service is a core value for us, and we understand the importance of responsiveness, With more than 120 professionals in Southern California, we have a deep bench of in-house project managers, construction managers, contract administrators, public works inspectors, and project controls specialists. We have the depth of resources and expertise to respond quickly to your needs. ■ Experience that delivers quality. Ardurra offers an experienced team that is responsive, flexible, helpful, financially responsible, and quality conscious. Our team is knowledgeable of and conforms to local, state and federal regulations, codes and ordinances, federal grant requirements, Caltrans Local Assistance Procedures Manual (LAPM), Greenbook, APWA/ AWWA standards, as well as LEED, DSA, and OSHPD standards. As you will see in this ARDURRA 7 TABLE OF CONTENTS 1. Statement of Qualifications a. Cover Letter b. Contract Agreement Statement c. Firm and Team Experience d. Understanding of 7 Need/Schedule of Delivery e. Relevant Project 13 Experience f. References 19 2. Scope of Services 20 and Schedule 3. Fee Proposal (separate PDF*) Appendix A A-1 Certifications Appendix B B-1 Resumes August 8, 2023 Page 2 proposal, our experience encompasses various construction management and inspection services on projects ranging from street, bridge and sidewalk rehabilitationlimprovements; water and sewer infrastructure; public buildings and facilities; parks, sports fields and playgrounds. ■ Peace of mind through each phase of your projects. Our professionals have years of experience managing a wide variety of public works projects —from scoping to design to construction to closeout and commissioning. Our time -tested, proactive approach serves to anticipate and expeditiously address challenges to keep your projects moving forward. Our proven process eliminates surprises, provides predictability, and streamlines delivery. Ardurra has authorized Dino D'Emilia to sign this proposal and bind the firm. We acknowledge receipt of Addendum 1, dated August 3, 2023, containing the City's Community Workforce Agreement; and we acknowledge receipt of three sets of Q&A responses (issued July 27, 2023; July 31, 2023; and August 3, 2023). We look forward to serving the City of Santa Ana on this as -needed contract. Please feel free to contact Dino at 714.458,0703 or ddemilia@ardurra.com or Omar Alameddine at 949,533.3012 or oalameddine( ardurra.com if you have any questions or need additional information. Respectfully submitted, Dino D'Emilia, PE, F. ASCE, QSD Omar Alameddine California Public Works Practice Director Project & Construction Management Group Leader 1960 E. Grand Avenue, Suite 300 1 El Segundo, CA 90245 1 310.359,1203 � wwvu.ardurra.com b. CONTRACT AGREEMENT STATEMENT Ardurra accepts the Consultant Agreement as provided in the City's RFP Appendix, Attachment 2. c. FIRM AND TEAM EXPERIENCE COMPANY OVERVIEW Ardurra offers the resources of a large national firm with more than 1,250 employees in 72 offices across the country. Our core service areas include: public works/civil planning, design, construction management and inspection; water/wastewater planning design, construction management and inspection; environmental; land development; emergency management; structural engineering; survey; as well as public outreach, plan review and plan check, code compliance enforcement, labor compliance, and grant administration. Ardurra is currently ranked 89th in Engineering News-Record's Top 500, 34th in Zweig Groups Best Firms to Work For and 4th in Hot Firms. Being listed among Zweig's preferred employer's list for the last 5 years means we have been growing consistently, and we are adding amazing people every week. This gives you direct access to more help, more unique solutions, and a small army of professionals. Financial Capacity Ardurra is a firm of strong financial health, including steady revenue, strong backlog, stabilized expenses and positive cash flow. The business has grown substantially since its roots dating back more than 65 years. Incorporated in 1977, Ardurra has maintained profitability and built positive net worth on its balance sheet. There is no history of bankruptcy and no pending bankruptcies, no planned office closures or impending merger plans, and no litigation that would affect the successful delivery of this contract. We are in good standing with the State of California and in full compliance with state and federal Equal Employment Opportunity laws and regulations. Comprehensive Local Resource As neighbors —with our nearby offices in Newport Beach and El Segundo and many of our team members being residents of surrounding communities —we are deeply invested in the City's success. With more than 120 professionals in Southern California, we have the depth of resources to respond quickly to your needs. With an emphasis on practical, proven, and cost-effective solutions, our capabilities are focused on the planning, design, and construction of roadway, utility, and public facility improvements, as well as managing multi -project capital improvement programs for public agencies. Our clients get successful projects and services, well -managed budgets, and thoroughly satisfied stakeholders because we work side -by -side with local and regional agency staff. This close working relationship develops collaboration with community and business stakeholders, and partners effectively with state and federal regulatory agencies. Local agencies like you get our unique management approach, which carefully monitors program effectiveness and closely tracks work quality and cost. Capabilities to Meet Your Needs As you will see in our organization chart on page 4, we have assembled a comprehensive team to enable us to support the City's construction efforts and serve as an extension of City staff to assist in project delivery. Our team is well -versed in city codes and ordinances, Caltrans, Greenbook, Americans with Disabilities Act, AASHTO, AWWA and APWA standards, as well as LEED, DSA, and OSHPD standards and permitslrequirements of various agencies. Some of our team members are already familiar with the City of Santa Ana Municipal Cade (SAMC), Since Ardurra works mostly for municipalities, we have extensive familiarity with local, state and federal procedures, both in helping to obtain funding and in delivering the pertinent documentation. We coordinate successfully with these agencies by communicating early and addressing their requirements to achieve a smooth approval process. Our team has worked on many federally funded projects over the years. Caltrans has even used our well -established and proven templates as examples. We have an excellent track record for delivering exception -free federally funded project oversight reviews and federal audits. The team has a keen understanding of the Local Assistance Procedures Manual (LAPM) and Caltrans oversight review process. As a result, we deliver well -organized projects with complete documentation to meet federal compliance requirements. Proposal � City of Santa Ana j 08-Oa-2023 ARDURRA TEAM ORGANIZATION Dino D'Emilia, PE, F.ASCE, QSD Omar Alameddine * Dino D'Emilia, PE, F.ASCE, QSD John Wolitarsky, CCM Mark Lewis, PE, TE Gafur Oyewo' Karen Brown -Castro Arash Rostamian, PE, QSP, CPII Mahina Siu, CMIT' Dee Yeh, CMIT * Joe Stoakley, PE, QSD Bradley Waldrop, PE Amy Czajkowski, PE, CCM, QSDIP Scott Adamson, PE, QSDIP Jeff Moody, PE, CCM, QSDIP Ken Beck Brad Holmes Lucas Findlay, PE, QSDIP REPRESENTATIVES Project Manager Omar Alameddine INSPECTION SERVICES MANAGER Gafur Oyewo John Dela Cruz, QSP' Eric Egurrola * Arash Rostamian, PE, QSP, CPII Miguel Alvarez, PE Brian Briones Manuel Briones Eric Nunez Joe Stoakley, PE, QSD Chip Vanderbeek, QSP Nathan Wolitarsky Douglas Davidson Brian Dong Naomi Johnson Matt Reagan, QSP Dennis Rodriguez Don Wren, Jr. Dustin Bender Jay Jordan Joe McMahon Dina D'Emilia, PE, F.ASCE, QSD r Authorized Re prose ntative[Pri nci pal -in -Charge 'r ARDURRA California Public Works Practice Director 1960 E. Grand Avenue, Suite 300 El Segundo, CA 90245 Telephone: 714.458.0703 Email: ddemiliaCardurra.corn Carmen Kasner, PE PROJECT CONTROLS/ DOCUMENTS CONTROL Dee Yeh, OMIT * Karen Brown -Castro " Dustin Blackwell, CMIT Rakan Khraisat, CMIT Kelly Leyva, CMIT Russell "Rusty" Rapp, EIT, CMIT Naomi Johnson LABOR COMPLIANCE Nancy Cambra Robin Babka * Key personnel OmarAlameddine Contract Manager/Primary Contact ARDURRA PM/CM Group Leader 1960 E. Grand Avenue, Suite 300 El Segundo, CA 90245 Telephone: 949.533, 3012 Email: oalameddineoardurra.com ARDURRA Q Proposal I City of Santa Ana 108-08-2023 A COMPREHENSIVE TEAM COMMITTED TO YOUR SUCCESS We understand the key issue for providing effective services is to be highly responsive and have the depth of resources locally available to fulfill your project needs. Ardurra has assembled a team knowledgeable and experienced in all aspects of capital improvement construction and inspection for public agencies. Not only is Ardurra successful at delivering CM services, but our CM professionals are considered leaders in the industry. Some of our team members instruct CMAA Certified Construction Manager (CCM) Contract Administration classes, provide construction management best practices training to agency public works staff, and serve as guest lecturers at local colleges, All Ardurra construction personnel are well -versed in CPM scheduling, construction means and methods, web -based documentation (Procure), WATCH requirements, Greenbook and Caltrans specifications, and OSHA Construction Safety Orders. Our inspectors are knowledgeable of California Building Standards Code/Title 24, local agency codes and ordinances, federal grant requirements, State of California LAPM, Greenbook, APWA standards, and, where appropriate, LEED, DSA, and OSHPD standards. This team is well-known and liked by the local agencies we serve. We are team players who can act as an extension of City staff and engage with key stakeholders and the community. We are there when you need us! Our team is available and ready to start working immediately on any task defined by the City. Ardurra's wide range of in-house capabilities enables us to provide the right staff at the right time. Ardurra has a vast pool of resources, and we are committed to providing appropriate staffing for each task order assigned through this contract, Below are summary qualifications for our key personnel, along with their estimated percentage of availability. Availability ranges are subject to change based on the timing of the project. Resumes that include references for our key personnel are included in Appendix B of this proposal. We would be happy to provide more detailed resumes or resumes for additional team members at the City's request, DINO D'EMILIA, PE, F.ASCE, QSD j 30-40% Authorized Rep, Principal -in- Charge, Construction Manager Ardurra's California Public Works Practice Director, Dino D'Emilia has delivered public works infrastructure projects valued at more than $1 billion for public agency clients. He has played critical roles on infrastructure projects to build, renew and upgrade freeways, city streets, transit centers, pedestrian paths, light rail, water mains, sewers, storm drains, greenbelts, soccer fields, and recreation centers. He is also recognized by peers and clients for his expertise in compliance with federal contract requirements and the Caltrans LAPM. In keeping with his passion for building infrastructure, Dino actively participates in local chapters of the American Public Works Association, the American Society of Civil Engineers and Construction Management Association of America. He supports the growth and development of emerging engineers as a mentor to colleagues, provides construction management best practices training to agency public works staff, and serves as a guest lecturer on construction management at the University of Southern California, Loyola Marymount University and California State University, Long Beach. OMAR ALAMEDDINE 1 30-40% Contract Manager, Primary Contact, Construction Manager Omar Alameddine is Project/Construction Management Group Leader at Ardurra. He brings an extensive background in construction management and inspection on public works and Caltrans projects. Omar has delivered projects to renew city streets and freeways, applying his firm grasp of Caltrans and Greenbook standards. He has also managed and inspected construction of recreational facilities such as soccer fields, public parks and a dog park, public facilities, domestic water, sewer, and drainage improvements. As contract manager, Omar is prepared to respond to a variety of requests from the City to execute each task order to meet your diverse needs. Once a task order is received, Omar will review/ develop the scope with the task leaders and provide the City with resumes of available staff with the best mix of experience and expertise for the task assigned. JOHN WOLITARSKY, CCM 1 40-50% Construction Manager John Wolitarsky has delivered critical public facility, recreation, aquatics, roadway, water and utility improvement projects for many Southern California cities and regional agencies in his 37-year career, He has managed high -profile arterial roadway improvements, such as the City of Fountain Valley's $3.2-million, Edinger Avenue -Harbor Boulevard rehabilitation. John's equally extensive water project background includes the renewal and replacement of domestic water and sewer lines and reservoirs. For the City of South Pasadena, John directed the $20-million Garfield Reservoir replacement. His public facility improvement work also includes recreation complexes, fire stations, fountains and parks and aquatic centers, such as the $12-million City of Santa Monica Aquatic Center. Proposal I City of Santa Ana 1 08-08-2023 / // ARDURRA MARK LEWIS, PE, TE 1 20% Construction Manager Mark Lewis is Municipal Services Project Director at Ardurra. He is a proven leader with 38 years of engineering experience. Slaving begun his ambitious career with the City of Fountain Valley including 13 years as director of public workslcity engineer, Mark brings a perspective from a public agency professional, which has led to improved solutions, cost-effectiveness, and more robust protections against change orders and claims. He provides insight and guidance to a number of cities and water districts where he has provided onsite program and project management; staff assistance; organizational review; mentoring; capital project development; preparation of capital project bid packages; guidance on water and wastewater collection systems and design strategies to maximize cost efficiency and minimize ongoing maintenance; creative project funding strategies; review and strategy for development of municipal buildings; preparation of multi -year CIPs; landscape concept strategies; and preparation of traffic control, striping, and detour plans. Mark was a four -time chair for Orange County Transportation Authority's (OCTA) Technical Advisory Committee and Technical Steering Committee. He participated in drafting language for OCTA Measure M2 and met with government and business leaders throughout its development and ultimate passage. Mark has also been the chair of the Laguna Beach Water Commission, president of the OC City Engineers Association and president of OC Traffic Engineering Council. GAF'UR OYEWO ! 40-50%a Construction Manager, Inspections Manager Gafur Oyewo is Inspection Services ManagerlSenior Construction Manager at Ardurra and brings 13 years of project and construction management experience. He has proficiency in large-scale public works project administrative/management processes such as critical path management (CPM), project scope management, payment/requisition processing, and safety management. Gafur has extensive knowledge in commercial and residential property rehabilitation and restoration as well as floating and fixed marine asset dry-docking and repair. His experience spans projects involving a diverse range of installations, which include landscaping, roofing, asbestos abatement, masonry, steel structure erection, concrete, electrical, plumbing, and interior renovation. ARASH ROSTAMIAN, PE, QSP, CPII 1 100% Construction Manager, Inspector Arash Rostamian brings 18 years of experience in heavy civil engineering projects, construction, project management, drafting and design, estimating, inspection and quality control. He has extensive knowledge in heavy civil engineering projects, commercial and residential property, as well as steel, masonry, concrete and material construction. Arash has expertise in creating detailed reports, site supervision, quality control, managing budgets, and working closely with contractors, clients, and vendors. He is skilled in administration, inspection, and cost estimates for large and small projects; and he is proficient in Microsoft Office, AutoCAD, Primavera P6, MS Project, V360 and Sage 100 Contractor, MAHINA SIU, OMIT 1 50-75% Construction Manager Mahina Siu obtained her civil engineering degree from California State University at Long Beach and is a Construction Manager -In - Training. Mahina is proficient in Procore, AutoCAD, MATLAB, and ArcGIS. She excels at providing timely, accurate documentation and maintaining project controls to help deliver projects on time and budget, and she has assisted clients implement project management tools. Mahina is very familiar with the City of Santa Ana, having provided as -needed contract administration services to the City's CIP Engineering Department. ERIC EGURROLA 1100% Inspector Eric Egurrola is a senior construction inspector with 25 years of experience on public works projects. For more than a decade, Eric served as a staff construction inspector with the City of Fullerton. Eric has also inspected public works construction for the Cities of Irvine, Brea, Ontario and South Gate. Eric brings significant roadway project experience. He has inspected road widenings and extensions, pavement rehabilitation, and the removal and replacement of curb, gutter, sidewalk. He is proficient in the Caltrans LAPM and WATCH manual. Equally strong is Eric's project background in water infrastructure construction and rehabilitation. His inspections have involved water and sewer lines, storm drains, pump stations, reservoirs and wells. He has also inspected projects involving public buildings, residential developments, schools and landfills. To all projects, Eric brings meticulous attention to detail and the ability to communicate clearly and courteously with all project stakeholders, including residents and business owners impacted by construction. JOHN DELA CRUZ, QSP 1 100% Inspector John Dela Cruz has more than 45 years of public works project inspection and CM experience. His project background includes roadways, highways, bridges, retaining walls, residential, commercial, medical facilities, water treatment/storage facilities, bridges, wet and dry utilities, grading, pipelines, and /�/ ARDURRA Proposal I City of Santa Ana 1 08-08-2023 environmental projects. His experience includes bid phase management; submittal, RFI, and change order processing; daily field inspection; and project closeout. John has acquired a thorough knowledge of the Caltrans Standard Plans and Standard Specifications, Greenbook, Caltrans Construction Manual, electrical, plumbing and HVAC systems, building codes, and OSHA safety orders. DEE YEH, CMIT 1 50% Assistant Construction Manager Dee Yeh has 11 years of experience providing project support in both publicly and privately funded construction and design projects delivered through various methods. Dee produces, processes, and archives construction documents related to cost estimates, project progress, payroll management, change orders, RFIs and submittals. KAREN BROWN-CASTRO 1 100% Assistant Construction Manager Karen Brown-Castro's 37-year career includes project leadership for major educational facilities capital improvements, as well as project and construction management experience in light commercial properties and residential single-family and multi -family home renovation projects. She excels at program design and implementation, impact measurement and outcomes, compliance oversight, budget development and adherence, and building strong relationships, Karen's expertise includes administering and overseeing construction contracts and change orders, drafting designs, hiring subcontractors, pulling permits, meeting with city planning/design review/historic preservation on variance requests, meeting with building inspectors and supervising corrections as needed —all while maintaining budgets and schedules. d. UNDERSTANDING OF NEED/ SCHEDULE OF DELIVERY Ardurra understands that the City of Santa Ana is seeking professional construction management and inspection services to support the City in the timely and cost-efficient delivery of a variety of projects, reporting directly to the City's authorized representative. This contract is an initial three-year term with City option for two, one-year extension periods. According to the RFP, as -needed construction management efforts may include pre -construction tasks, managing construction so that the work complies with the contract documents, and supporting project closeout and the commissioning phase. Work will conform to requirements presented in the State's Construction Manual and the LAPM, as well as OCFCD encroachment permit and other agencies' regulatory permits. Types of projects may include street rehabilitation; sewer improvements; storm drain improvements; bridge construction; new building construction; water service and pipelines; pump and motor improvements; irrigation and landscaping; site improvements; concrete sidewalk; system controls and instrumentation; streets and park lighting; parks and recreation facility improvements; mechanical system; electrical system; and traffic signal improvements. Ardurra has experience with these types of projects and with various funding sources —from the local, state and federal levels. Our team understands public project delivery and has managed projects of all sizes and complexities using time -tested, customizable processes and procedures. Our approach is proactive, not reactive, This proactive philosophy will keep your project moving, your team engaged, and potential conflicts with the contractor to a minimum. Our goal is to be a true partner with the City, and we share your commitment to maintaining Santa Ana's infrastructure and quality of life. Ardurra accepts the scope of work included in Appendix Attachment 1 of the RFP. Below is our approach to critical elements of CM and inspection —delivering success through each phase of the project. Contracts for Public Works Inspection: For contracts involving public works inspection services, Ardurra requires the awarding public agency to complete DIR form PWC-100 solely for Ardurra Group, Inc. as the Prime Contractor specific to the awarded contract name and amount. Community Workforce Agreement (CWA) Compliance: Ardurra understands that should the City require the consultant to utilize resources through the CWA for its inspection services needs, the consultant will be reimbursed for any resulting costs associated with its compliance with the CWA. CONSTRUCTION MANAGEMENT SERVICES Safety. First and foremost, Ardurra always considers safety the most important issue on any construction project. Ardurra managers and inspectors are at a minimum 10-hour OSHA -certified. Our team will recommend key safety provisions to require the contractor to have competent safety personnel and site -specific safety programs employed on the project at all times and will monitor the contractor's operations for compliance with the project safety requirements and requisite provisions of state and federal law. Public Relations, The Ardurra team is empathetic to the motorists, pedestrians, cyclists, residents, and businesses that are affected by construction operations, and we will take a lead role to address public relations concerns. All inquiries and issues will be listened to and documented with accurate contact information for prompt follow-up. We are adept at mitigating impacts throughout the construction process and addressing issues expeditiously for Proposal I City of Santa Ana 108-08-2023 /��j' /ARDURR/A resolution in the field whenever feasible. Any issues that cannot be immediately addressed in the field will be communicated through appropriate protocols with recommendations for the most efficient resolution. Ardurra will expedite implementation of the solution that serves the project's best interests, as mutually determined with the City, contractor, and affected parties. We take a proactive approach to reach out to the public, resulting in the successful completion of public works improvement projects in close proximity to adjacent property owners. Strict adherence to allowable working hours, and noise and dust control requirements will be imperative to minimize impacts, Protocol and Communication. Timely and concise communications are essential to the successful completion of any construction project. Protocol will be determined as appropriate for each project and maintained for the project duration. Communications and correspondence will be handled in a professional and respectful manner. Ardurra equips its CM team with state-of-the-art electronic management hardware and software, such that electronic documentation is utilized for as much of the required documentation as possible. The Ardurra CM team is experienced with serving as the primary project contact, acting as the hub of communication with timely distribution of requisite correspondence and documentation to all respective stakeholders as applicable. In addition to time -tested and efficient construction administration and project controls procedures, documents, and programs, Ardurra offers the web -based collaboration of Procore. Procore is a widely used cloud -based construction software that maximizes the efficiency of managing construction projects while connecting project participants to critical project documents and real-time project data. Constructability Review of Bid Documents. Constructability reviews will be conducted as directed by the City. A punch list of comments and recommendations will be submitted to the City for consideration and implementation by the project architect/ engineer. The CM team will review the plans for biddability and constructability and identify potential value engineering solutions, ambiguities, conflicts or omissions apparent during its review. The bid documents and technical specifications will also be reviewed for potential duplication and overlap of clauses, conflicts, proper placement of critical requirements within the order and precedence of documents. Ardurra will also recommend key contract provisions to provide the necessary controls and remedies for the City to maintain a proactive approach on the project. Material Price Escalation Issues for Construction. As the City has been experiencing, many of the most basic materials have had exponential cost accelerations due to lack of raw materials. Many contractors cannot get purchase orders from material suppliers since they cannot guarantee a cost for a period over fi weeks. Our constructability reviews will explore this cost rise to ensure a more realistic cost for any City project. A mitigation for this issue is the City can authorize appropriate adjustments to design, completion date, and payments to accommodate, or work around, these impediments. For projects that have not been awarded or started, Ardurra will assist the City with realistic expectations about current costs and the likelihood of increases and in which areas of the bid are at risk. Ardurra will assist the City to provide potential bidders with accurate and complete design information to enable bidders to prepare bids that minimize the likelihood of unpleasant surprises for the City. The City may want to consider price -adjustment clauses that would protect both parties from unanticipated swings in material prices. Such contract terms can enable the contractor to build in a smaller contingency in their bid. Price -adjustment clauses are now becoming industry standard, which includes contract document language that addresses price escalation but requires the contractor to provide more documentation as a part of their original bid. These clauses can be optional or mandatory but provide the City more flexibility and add another layer of protection against claims. Integration and Implementation of Project Permit Requirements. The Ardurra team has a keen understanding of how timely and clear incorporation of permit requirements can set up the project for success. Integration of critical mitigation and permit conditions into the plans and specifications prior to bid is essential to ensure marked bid pricing on permit conditions, minimizes the potential for budget and schedule impacts due to permit requirements, and optimizes relations with agencies having jurisdiction throughout the project implementation. Pre -Construction Conference. Ardurra will coordinate and conduct the pre -construction meeting. This will include notification to contractor, utility agencies, and other stakeholders, and prepare the meeting agenda and minutes. The agenda and minutes typically include, but are not limited to, the following items: introductions of key personnel; safety; project overview, scope, schedule; Notice to Proceed ; chain of communication; public relations; discussion of the baseline schedule; change order, submittal and RFI process; identify long lead and any substitution and/or equal items; inspection and testing -- review call -out requirements and deputy/ special and testing requirements; progress payment procedures; labor compliance; Community Workforce Agreement (CWA) requirements; and placement of signs. Construction ProgresslCoordination Meetings. The following meetings will be held on site, as required: ■ Periodic project team/stakeholder meetings will focus on the following: progress during the period; planned vs. actual schedule; current or unresolved problems; anticipated or pending change orders; impacts of problems or change orders on schedule and budget; discussion of new goals, planned vs. actual budget analysis; scheduled concurrent /\l/ ARDURRA Proposal I City of Santa Ana 1 08-08-2023 with a weekly meeting to save time and cost; contractor's detailed four -week look -ahead schedule; progress and major decisions during the last week. ■ Special meetings to discuss importantlurgent issues or which require detailed discussion or review of plans and specifications Safe Conditions. Ardurra will monitor project work and adjacent areas for unsafe conditions, promptly require corrective measures to be addressed by the contractor in compliance with the contract documents and report such issues and corrective measures taken to the City, One of the most pervasive job hazards across all public works projects is construction adjacent to live traffic lanes. Ardurra inspectors are intimately familiar with monitoring and enforcing proper traffic controls per the WATCH handbook, MUTCD and/ or project -specific traffic controlltraffic handling/detour plans. Inspectors drive and/or walk the project limits at the start, during, and before leaving the site each day to monitor proper and/or necessary corrections to the required traffic control measures. Project Controls. Office engineering duties will include attending meetings to take notes; preparing meeting minutes; updating the weekly statement of working days; tracking and logging all preliminary notices, stop notices, releases, correspondence, submittals and RFIs; quality control of inspection reports; prevailing wage inspection labor compliancelCWA administration; and change management documentation. Office engineers may also be asked to assist with the review and analysis of schedule updates, RFIs, submittals, and cost estimates. Quality Assurance. Ardurra will implement the City's established Quality Assurance Plan (QAP), Ardurra will coordinate QA1QC activities daily and review activities as they happen to make sure that QA/QC procedures are followed and deficiencies resolved in a timely and efficient manner. Testing and Observations. Ardurra will coordinate laboratory, job site, and offsite/source inspection and testing of construction materials and required observations per the QAP, construction documents, construction codes, and jurisdictional agencies. We will monitor testing services, track documentation, and record testing results. When necessary, corrective measures will be implemented and re -inspected to verify acceptable completion. Ardurra will reject work that does not conform to the requirements of the contract documents and will promptly report unacceptable work to the City and contractor. Rejected work will be thoroughly documented, photographed, and tracked until repaired or replaced to the satisfaction of the City. Materials and Workmanship. Ardurra CM staff will recommend approval of materials and workmanship that meet the contract requirements, in coordination with the authority of the consulting engineer, architect, fire inspector, deputy inspector, or other authorized representative or regulatory authorities having jurisdiction. Utility Coordination. Ardurra will assist the contractor in dealing with local utilities to coordinate and expedite temporary and permanent utility installations, utility relocations and utility access structure adjustments. Submittal Processing. The construction manager will track all correspondence and submittals on this project. Ardurra will receive all contractor submittals and review them for completeness and general conformance with the contract documents. All shop drawings, samples and other submittals received from the contractor will be logged in and routed to the City and the architect. Responses will be logged and transmitted to the contractor. Submittals will be tracked throughout the project to ensure timely response to avoid contractor claims for delay. All submittals will be expedited utilizing electronic delivery whenever possible (except for shop drawings, large format documents), Additionally, Ardurra will recommend key contractual requirements for the contractor to clearly indicate submittal processing requirements in the project schedule. Submittal content and review comments will be monitored to identify potential impacts to quality, cost, or schedule, with recommended alternatives and/or solutions. Materials Control. The CM team will establish a materials receiving process onsite such that all materials deliveries are accompanied by proper delivery documentation satisfactory to confirm that all products comply with the plans and specifications, approved submittals and bear the requisite certificate of compliance for source, product type, and "Buy America," as applicable. Materials delivered to the site lacking proper documentation will be flagged as unacceptable and not allowed to be incorporated into the work until proper documentation is provided and verified, RFIs. Upon receipt, the CM team will log, distribute, and respond to each RFI as required, It is anticipated that most will be handled upon receipt. However, if the design engineer or City staff are required to answer questions, the project manager will coordinate a timely resolution. Ardurra will identify potential impacts to cost or time that may result due to issues identified in RFIs, with recommended alternatives or solutions to mitigate the potential impacts. Document Interpretation and Technical Assistance. Ardurra staff coordinates and expedites between the contractor, design team, and City staff to clarify any questions for interpretation of the construction documents. Timely, firm, and fair determinations will be processed to minimize cost and time impacts to the project. Problems/Solutions. The Ardurra proactive approach serves to anticipate and expeditiously resolve field problems. Our team is well trained in problem solving. All issues are processed with a sense of urgency and presented to the City with suggested alternatives, cost and schedule impacts, and recommended solutions. The CM team will quickly implement the alternative that best suits the interests of the project and the City. Ardurra Proposal I City of Santa Ana 108-08-2023 /\\,j ARDURRA will effectively and expeditiously communicate with City staff, design consultants, and the contractor, as applicable, to identify conflicts, construction problems, and coordination issues, and will obtain the needed action and response to submittals, RFIs, and supplemental design documents. Written Instructions. Ardurra will issue written instructions (via email, transmittal letter, field speed memo) to the contractor regarding routine matters and/or follow-up of verbal instructions as necessary to properly document project issues. Document Tracking System. Complete and current project files shall be kept at the job site, or at a location agreeable to the City, and shall always be available to the City. These files will consist of the contract, correspondence relating to or modifying the contract, proposal requests, clarifications, permits, logs, reports, RFIs, field orders, change orders, claims inspection reports, and test reports. The Ardurra project controls process includes a detailed file indexing system for all project hard files. Ardurra has already developed customized forms, a reports database structure, and work breakdown structure well suited for typical public works projects. We will adapt our system to the specific needs of the project to monitor, track, and control the project. This detailed tracking system will enable us to provide an accurate assessment of the progress to the City with recommendations to maintain or improve adherence to the approved project schedule. The table below illustrates the typical deliverables implemented on Ardurra CM projects, TYPICAL DELIVERABLES Schedule Review/Control. Ardurra is intimately familiar with mainstream scheduling software utilized by the public works contracting industry, including, but not limited to, Primavera P3®, Suretrak® and Microsoft Project®. The Ardurra construction manager will review the baseline construction schedule, including activity sequences and duration, schedule of submittals, and schedule of delivery for products with long lead times. The CM team will evaluate the baseline project schedule for the following: consistency with the contract schedule (completion within the contract time); accurate startUcompletion dates, and other dates detailed in the contract; any impacts of weather and change orders; sufficient detail, including submittal process and procurement requirements; sequence of construction and correct schedule logic; identification of the critical path and project float. The schedule will not be recommended for approval as the baseline until all discrepancies are resolved. During the progress of construction, the Ardurra CM team will compare the contractor's monthly schedule updates to the baseline schedule and any approved time extensions, note any shortcomings, and monitor and track corrections by the contractor to keep the project schedule on time. A 4-week look -ahead will be required from the contractor, updated weekly, and presented at the weekly construction progress meetings. This tool will keep the entire team looking one month ahead of the project and will facilitate proactive handling of project activities and issues. If Correspondence OutiooklSpeed Memos/Formal Letters DailylConti%OuslAs Needed Project Documentation Procore Daily/Continuous Submittals Procore Daily, as required; 72-hour turnaround RFIs Procore Daily, as required; 72-hour turnaround Progress Payments Excel Measurements - Daily; Quantity Measurement Report- Monthly Inspection Reports Adobe Fillable Forms or Procore Daily Weekly Statements of Working Days Excel Weekly SWPPPIBMP Compliance Excel Weekly Public Relations Inquiries Log - Excel Daily, as required Photos and Video ProcorelExpforer Video Pre -Project, Photos Daily Progress Reports Word/Publlshef- Monthly and as required Project Contacts Outlook Daily Project Calendar Outlook Daily Meetings Procore/Zoom Weekly and as required /�/, ARDURRA Proposal I City of Santa Ana 1 08-08-2023 necessary, Ardurra will negotiate time extensions due to change orders or other delays. 5WPPP. Ardurra will enforce all provisions of the Storm Water Pollution Prevention Plan and/or other requisite requirements set forth in the specifications. Ardurra CM staff is well -versed in SWPPP monitoring through provision of dedicated services for oversight of developers and contractors on behalf of several public agencies. At a minimum, SWPPP requirements will be monitored and a specific SWPPP checklist will be compiled. Any deficiencies noted will be addressed with the contractor for immediate remedy. Upon a weather report of expecting rain, a site walk will be conducted to ensure that SWPPP measures are in place and well maintained. Additionally, if desired by the City, the Ardurra team can be assigned as the data submitter for the project to implement the N01 application, uploading of various reports, and processing of the NOT on the SMART website, Change Management. Ardurra will establish, implement, and coordinate systems for consideration, negotiation, processing, and implementation of change orders, Each issue, which is identified as a potential change to the design, scope, cost, or contract time will generate a uniquely numbered potential change order (PCO), The construction manager will determine whether a change notice should be considered. The plans and specifications will be reviewed against the change notice. If the issue does not appear to be included in the plans or specifications, the construction manager will negotiate the scope and cost for the most efficient, cost and quality appropriate solution with the contractor and City. Any credits for work deleted because of the change will be required at this time as well. The construction manager will maintain a trend log, listing potential changes as identified, either formally or informally. This trend log shall be used such that potential change items are not overlooked or deferred until the end of thejob. Ardurra will prepare independent cost estimates as required for contract change orders. Upon approval by the City, the construction manager will prepare, log, and process change orders for full execution and administer their implementation. Once fully executed, the CM team will expedite and review the timely completion of the work and coordinate inclusion of the change order in the appropriate payment application. Claims Avoidance. Ardurra will assist the City with claims filed by the contractor in accordance with the guidelines set forth by the general specifications and the standard specifications. Ardurra is well -versed at negotiating and resolving claims amicably between contractors and public agencies. Should a claim require work in addition to Ardurra's contract, Ardurra will be available on a time - and -materials basis if desired by the City, including assistance with processing required forms and coordinating with the DLAE, and processing additional funding if applicable. The provision of any legal advice or services is specifically excluded. Daily Extra Work Reports. The Ardurra CM team will verify and sign contractor's daily extra work reports documenting force account (time and materials) work. Ardurra will monitor that only appropriate worker classifications necessary for approved time and materials work is included on extra work reports. Any inappropriate workforce and/or equipment charges will be promptly rejected and removed from extra work reports. Progress Payment Processing. A cost control system, based on the contractor's schedule of values, approved change orders and the contract amount shall be developed and implemented to monitor progress costs, Monthly cost reports will be submitted to the City as a component of the monthly progress report. Ardurra will establish quantity measurement forms and methods for each bid item. The resident engineer will coordinate with the City's inspector and Ardurra's alternate inspectors to provide detailed quantity measurements for work as it is installed. Quantity measurements will include the specific location placed, field measurement and quantity calculation in accordance with the specified measurement and payment provision for each bid item, and any backup documentation such as certificate of compliance, materials delivery ticket, as appropriate for the item measured. The contractor's representative will be required to acknowledge daily quantities measured, to eliminate the need for post -installation revisits of bid item quantities. All quantities will be properly documented on inspector daily reports and tied to a quantity measurement report that will be certified by the inspector, resident engineer, and City representative. The Ardurra CM team will review the payment applications submitted by the contractor and determine whether the amount requested reflects the progress of the contractor's work and verify CWA compliance. Appropriate adjustments to each payment application will be required by the contractor. When the payment application is acceptable and all backup documentation is verified (certified payrolls, lien releases), Ardurra will prepare and forward to the City a progress payment report. The report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. The Ardurra team is experienced with evaluating complex pay applications. It is critical to the City's best interest that payment application review be performed accurately and prudently to maintain the prime and subcontractor incentives to perform on the projects. Cash Flow Management (Preliminary Notices, Releases and Stop Notices). Ardurra recognizes that the diligent monitoring and tracking of preliminary notices, conditional and unconditional releases is an important component of public construction management, enables the team to stay abreast of the construction contract cash flow, and provides for excellent documentation of prompt payment as required by federal funding. Proposal I City of Santa Ana 1 08-08-2023 /�/ ARDURRA The CM team will maintain a detailed log of preliminary notices and require conditional and unconditional releases from the contractor for all first -tier subcontractors and any -tier subcontractors that submit a preliminary notice. Proactive monitoring of releases typically minimizes the incidences of stop notices. Should any stop notices be received, Ardurra will work proactively with the contractor to address release of the stop notice and withhold 150% of the stop notice amount from progress and/or retention payments until the proper unconditional release is documented. Labor Compliance. Ardurra's labor compliance specialists work proactively and cooperatively with contractors to monitor and enforce the municipality's and funding agency's requirements. Our experts have a working knowledge of CWA requirements and labor compliance requirements on State DIR-controlled projects, as well as Federal Davis -Bacon controlled projects necessary to assist the City with ensuring compliance with project funding requirements. Items regularly reviewed and documented as part of these services include project signage and posting of proper notifications, apprentice request submissions, initial labor compliance documentation, DIR registration, weekly certified payroll submission, and labor compliance field interviews. Plans, Specifications, and As-Builts. Ardurra will periodically review the contractor's as -built updates on the approved job plan set, identify missing items, and require the contractor to keep as -built records up to date throughout the project, Ardurra CM staff keeps its own set of as -built plans that will note the location of subsurface utilities encountered and/or installed, identify where any design or field changes were required (utilizing the corresponding RFI and/or change order numbers), and note the location of critical building components that are covered by finish work. At the end of the project, the final as -built plans are submitted to the City. Delivery of As-Builts and Closeout Documents, Ardurra will periodically review the contractor's as -built updates on the approved job plan set, identify missing items, and require the contractor to keep as -built records up to date throughout the project as required by the specifications. Ardurra will review the contractor's submittal of "as -constructed" conditions and compare this submittal to Ardurra's own documentation. Discrepancies will be discussed, resolved, and recorded. Completed "as -constructed" plans will be submitted to the City. The Ardurra team will enforce the provisions of the specifications to require the contractor to submit well -coordinated operations and maintenance manuals, warranties and guarantees, bonds, extra stock, and/or other items required by the contract documents such that a timely closeout of the project is implemented. Ardurra will perform closeout duties, including final organization of project files, and submit to the City for final approval. Ardurra will also assist with the filing of the Notice of Completion and Release of Retention. Post Construction Support. Ardurra can assist the City with resolution of post -construction issues such as user department inquiries and issues, resolution of stop notices or notices from the labor commissioner on a time -and -materials basis upon the City's request. INSPECTION SERVICES Daily Inspection. inspection services will include, but are not limited to, the tasks listed below and will be performed daily. ■ Review and familiarize contract documents. ■ Participate in pre -construction meetings, other meetings, and conferences, as required. ■ Be present at all times, including weekends (if necessary), when construction is in progress. ■ Review and in conjunction with the City's project manager, enforce the contractor's proposed construction schedule. ■ Monitor and document the contractor's compliance with plans, specifications, and referenced standards. ■ Assist in the review of "submittals" required by the specifications. ■ Assist with coordination between City's project manager, contractor, and any other entities that may be involved. ■ Review contractor performance and expedite corrective measures for discrepancies as they occur, ■ Coordinate surveys and staking, furnishing grades as necessary to the contractor, and check all structure -related surveys. ■ Coordinate and provide assistance and direction to technicians performing material tests. Measure the work -in - place to verify quantities. ■ Closely monitor testing results and require contractor to take corrective actions if results are unsatisfactory. ■ Assist with public outreach. Document and respond to public inquiries, monitor, and document compliance with working hours, noise levels, and dust mitigation requirement. * Review and make recommendations for the processing of payment requests. • Assist with the consideration, negotiation, and processing of change orders. ■ Conduct employee interviews in conformance with the Davis -Bacon Act and/or other funding agency requirements. /�/ ARDURRA Proposal I City of Santa Ana 1 08-08-2023 ■ Prepare daily inspection reports (daily activity report, weekly statement of working days) including photographs. ■ Measure and track quantities of satisfactorily completed improvements. ■ Monitor contractor's implementation of approved traffic control measures. Drive routes with active detours and/or lane closures daily to confirm or require correction in compliance with approved traffic control plans, WATCH Manual, Manual on Uniform Traffic Control Devices (MUTCD) and/or Caltrans Traffic Control Manual, as applicable. ■ Review items requiring corrective action with the contractor and the City and develop punch list items and monitor corrections made. ■ Issue field correction notices and respond to RFIs, ■ Prepare redline set of as -built plans. ■ Coordinate inspection activities with otherjurisdictions, if applicable. ■ Strictly enforce requirements for health and public safety on the project. ■ Perform inspection for line and grade, earthwork, grading, excavation, backfilling of utility trenches, asphalt paving, concrete form work reinforcement, and other related work. ■ Landscape architect review and approval of materials for all landscape features on the project (plant/tree selection, product submittal and sample reviews, irrigation installation inspection and coverage test, proper installation and plantings and maintenance). ■ Maintain a redline set of as -built (record) information. ■ Prepare project punch list at substantial completion and follow-up. Traffic Management Coordination. Ardurra will oversee proper implementation of the traffic control plans by the contractor and require corrections and diligent maintenance when required. Ardurra will coordinate review of any traffic control plans required to address special situations and monitor the contractor's compliance with the Traffic Handling Plans, the MUTCD, or as otherwise provided for in the specifications and in accordance with Section 16.16 of the LAPM. Apparent conflicts with adjacent or nearby projects will be addressed and coordinated. The contractor will be required to clearly correlate traffic control phasing in the CPM schedule work breakdown structure. Traffic control will be a standard discussion and coordination item at weekly progress meetings. Daily Construction Observation Reports. Ardurra and/or the deputy/specialty soils and materials inspectors will compile daily observation reports documenting the contractor's workforce, material and equipment used, a summary of construction activities, field problems, disputes or claims, resolutions of issues, and directions given to the contractor. Completed daily reports will be transmitted to the City on a weekly basis. Photographs. Ardurra prepares and maintains an electronic photojournal documenting the construction progress. Photos shall be taken before construction begins, during construction, and upon completion of the project. Weekly Statement of Working Days. Ardurra will prepare a weekly statement of working days (WSWD), in conformance with documenting the construction progress, time of completion, delays and time extensions, and submit to the contractor and the City on a weekly basis. The WSWD is typically discussed and agreed upon at each progress meeting and transmitted as an attachment to the minutes. Pre -Final Inspection. The construction manager and inspector will coordinate with appropriate project stakeholders, perform the final job walk, and prepare the punch list (deficiency list). Ardurra will coordinate, expedite, and observe completion of required corrections, Final Inspection. Satisfactory completion of all punch list items is verified before Ardurra recommends processing of the Notice of Completion. Ardurra is noted for attention to detail. Not only have we excelled at closing out our own projects, but we have been requested to and successfully closed out problem city projects in which our services were not initially utilized. Upon completion of the punch list and final sign off by all project stakeholders, Ardurra will make recommendation to the City regarding the contractor's final progress payment request and prepare the final progress payment report for submission to the City. e. RELEVANT PROJECT EXPERIENCE Our reputation for providing quality services has been confirmed by our ongoing relationships and extended on -call contracts with numerous agencies throughout the region. Our team's experience, together with our constant team communication and our quality control approach, has provided us with a solid track record of meeting schedules, effectively adapting to unforeseen challenges, and maintaining costs. Ardurra has successfully delivered hundreds of projects to numerous public agencies through our as -needed contracts —projects such as road widening, street resurfacing and rehabilitation, drainage improvements, traffic signals/safety enhancements, sidewalks, pedestrian accessibility improvements, water and sewer infrastructure, as well as facility and park improvements. Some example assignments similar to the City's RFP are highlighted below. Proposal I City of Santa Ana 1 08-08-2023 /\ ARDURRA Capital Improvement Projects CM & Inspection Anaheim, CA Client: City of Anaheim Contact: Jake Hester, Water Engineering and Design Manager; 714.231.5625; jhester@a naheim, net Brenda Medina, former Anaheim Construction Contract Administrator (currently with UC Irvine); 714,679.1231 Services: CM, Inspection, Contract Administration Start: 03/2017 Complete: Ongoing Project Value: $90M Ardurra provides CM services to oversee completion of more than $90 million in capital improvement projects involving telecommunications, structural, waterlwastewater, and utility undergrounding. Challenges have included existing utility conflicts and the coordination with outside utility companies for their existing utilities as they relate to the project. Our proactive approach, constant communication including several meetings prior to construction help facilitate and expedite permit reviews and approvals, as well as schedule of work coordination. Some representative projects include: ■ Orangewood Avenue Improvements. Contract administration and construction management for this multi -faceted road widening project on Orangewood Avenue from State College Boulevard to the Santa Ana River. This project spans a largely commercial area within proximity to several freeways and highways along the south entrance to Angel Stadium of Anaheim. This widening project consists of electrical undergrounding with telecommunication lines relocation, installation of new City of Anaheim and City of Orange water mainline, traffic signal improvements, and a new variable message board. Widening improvements include roadway widening and paving, sidewalks, slough walls, curbs and gutters, retaininglblocklsoundwalls, driveways, cross gutters and spandrels, drainage improvements, catch basins, WQMP BMP improvements, Disney Resort -Style hardscape and landscaping, irrigation improvements, and signing and striping. ■ Indiana Street Water Main Replacement. Contract administration and construction management for one of the City's first design -build projects, which consisted of the construction of approximately 2,400 Ll= of 6-inch ductile iron CL 52 zinc -coated water main, and 200 LF of 8-inch ductile iron CL 52 zinc -coated water main located along Indiana Street between Broadway and South Street. The project also included the replacement of fire hydrants, valves, water services, and appurtenant structures. ■ Fire Station No. 5. Contract administration and construction management for the $5.4-million design -build construction of a 9,400-square-foot fire station on one acre. The station can house up to eight firefighters, Station design included parking, driveways, sidewalks, walls, fences, landscaping, water, sewer gas, telephone/cable and electrical utilities, transmissions lines and facilities. Winner of 2018 BEST Award from the Southern California chapter of the American Public Works Association. ■ Citywide Sanitary Sewer Improvement Program/ Projects, Group 6. Contract administration and construction management for $2-million project to build more than 4,200 linear feet of 24-inch,18-inch,l5-inch and 10-inch vitrified clay pipe (VCP) sewer mainline. Project constructed 19 manholes, removing the existing mainline and manholes, rebuilding the street and installing new traffic loops, striping and pavement markers, Underground Conversion Plan Projects. Contract administration for three projects that are part of a City five-year program, The initiative is relocating overhead power and communications systems underground. The work is intended to improve aesthetics, replace antiquated equipment and enhance the reliability of the area's electrical system. Typical work includes undergrounding 69kV transmission and 12kV distribution systems, installing streetlights and service connections and demolishing overhead power, telephone and cable television lines. ■ La Palma Water Complex — Reservoir Rehabilitation and Pump Station Replacement, Contract administration for $9.3-million reservoir and pump station project, Managed demolition of 3-mg reservoir and pump station. Directed rehabilitation of 4-mg reservoir, construction of new pump station and abandonment of inactive well. ■ Rehabilitation of Pressure Regulating Stations (PRS) 30 and 31 and Relocation of PRS-32 and -43 and Construction of New PRS-73. Contract administration and CM services for completion of various on -call water utilities projects for the Water Utilities Engineering group. The work consists of contract administration and construction management services for PRS 30, 31, 32, 43, and 73 project, and construction management services overseeing the closeout of the PR-58, M-2 and M-8 projects, ■ Gene Autry Way Widening. Construction management for this $6.8-million City of Anaheim project to widen and make significant related improvements to portions of the two arterials. The project, scheduled for 236 working days, is intended to make major strides in easing traffic congestion. /�/ ARDURRA Proposal I City of Santa Ana 1 08-08-2023 On -Cali Public Works CM & Inspection Long Beach, CA Client: City of Long Beach Contact: Eric 0, Lopez, Public Works Director; 562.570.5690; Eric,LopezC long beach. gov Services: PM, CM, Inspection Start: 08/2016 Complete: Ongoing Project Value: $30M Ardurra is providing the City with on -call CM and inspection services geared toward a wide range of public works projects, from street rehabilitation to storm drains. Example projects include: ■ Belmont Myrtha Pool Repairs, Phase 1 & 2. CM services to oversee $2.6M construction activities for the maintenance and repairs required to address deteriorated pool amenities and to ensure continued operation. Improvements for both phases include spalled and cracked deck concrete; exposed deck reinforcing steel; spalled and cracked concrete stair treads; corroded stair steel pans; corroded stair steel structural support; upgraded drainage system; removal and replacement of existing bleachers; removal and replacement of damaged concrete deck; and removal and replacement of existing corroded fencing. ■ 3rd and Broadway Cycle Track. The City of Long Beach has led Southern California in building innovative, bike -friendly roadways. Ardurra helped the City improve the safety and convenience of two existing protected bike lanes (called cycle tracks), each about one mile long, in Downtown Long Beach passing through the city's core. The area is home to dozens of businesses, restaurants, hotels, condos, homes, police station, churches, libraries, parking structures and new developments. Before this project, the cycle tracks ran along the left-hand sides of two busy one-way streets, 3rd Street and one block south, Broadway. Now, each cycle track will be moved to the right side of the road, where drivers anticipate seeing bicyclists. ACEC California recognized this project with a 2020 Engineering Excellence Award. ■ Daisy -Myrtle Bicycle Boulevard. Managed construction of this 9,5-mile, north -south bikeway extending from downtown Long Beach to north Long Beach. This project, part of the City's Bicycle Master Plan, creates a safer way for cyclists to reach the Wrigley, Los Cerritos and Bixby Knolls neighborhoods. The Class 1 bike path bikeway runs along Daisy Avenue to the south and Myrtle Avenue to the north. ACEC California recognized this project with a 2019 Engineering Excellence Award. ■ Seaside Way Pedestrian Bridge. Project and construction management and inspection services on this 605-foot-long pedestrian bridge spanning East Seaside Way. The bridge shortened the walk from the Long Beach Convention Center walkway near Pine Avenue to the Long Beach Performing Arts Center. Beyond function, the bridge sports a breaking wave -inspired design and includes a deck, canopy of LED lights, seating and landscaping. This project was awarded the 2017 APWA BEST Project Award for Traffic, Mobility and Beautification and the 2018 Engineering Excellence Award at the state and local levels by the ACEC. ■ Drake Soccer Field Project. CM for $3.8M completion of two soccer fields, a basketball court, parkway with trail, parking lot, new lighting and landscaping. In addition to providing the community with a new recreational area, the project conserved energy and reduced waste by using a significant percentage of recycled construction materials, drought -tolerant landscaping and by separating and recycling at least 60% of all construction debris. ■ Rainbow Harbor Commercial Sewage EVAC System Replacement. CM for $700,000 replacement of 20-year sewage EVAC pump -out that serves the vessel operators at Rainbow Harbor, Oversaw such tasks as abandonment of the previous pump -out system, valve installation and hose replacement. ■ Beach Maintenance Clarifier Project. CM & inspection for installation of a water recovery system that collects and treats wastewater overflow. On -Call Construction Management/Engineering SupportlTesting and Inspection Services Cypress, CA Client: City of Cypress Contact: Nick Mangkalakiri, City Engineer; 714.229.6729; nmangkal@cypressca.org Services, CM, Inspection, Engineering Support Start: 06/2022 Complete: Ongoing Project Value: $2.2M Ardurra provides professional construction management/testing and inspection/engineering support services, on an "as- needed" basis for various CIP projects. Construction management services include construction management, pre -construction meetings, utility coordination, monitoring of construction schedules, shop drawing review, submittal review, public notification, public complaint resolution, traffic coordination, coordination with other City departments, interpretation of PSE, analysis of changed conditions, development of corrective actions, and negotiation of change orders. Testing and inspection services include construction inspection, QAIQC, GPS enabled site photography, field visits, pre -construction job walks, emergency and night inspections, material and laboratory testing, structural calculations geotechnical investigations, potholing, exploratory investigations, and underground utility research. Proposal I City of Santa Ana 1 08-08-2023 /\\,1. ARDURRA ■ Street Rehabilitation, Project 313. Construction inspection, material testing, and project controls services to assist with the implementation of street rehabilitation improvements including slurry sealing of various streets within the City right-of-way, The scope of work for this project includes mobilization, surveying, traffic control, edge grind, crack sealing, remove and replace AC paving, removal of existing traffic striping and markers, Type I and II RPMS, replace traffic striping, markers, and other incidental items of work. ■ Oak Knoll South Parking Lot Seal Coat Project 332. Construction inspection and project controls services for the rehabilitation of the entire parking lot surface, replacement of signs, and other incidental items of work. ■ Concrete Rehabilitation Project 293. Construction inspection, materials testing and project controls services to assist with the implementation of the citywide concrete rehab improvements. ■ Arterial Rehabilitation, Project 316. Full-time inspection services, project controls to assist our inspector in the field, and material testing. ■ Non-CIP Project Inspection Services. Part-time and intermittent inspection services. On -Call Construction Management/Engineering Support/Testing and Inspection Services Hawaiian Gardens, CA Client: City of Hawaiian Gardens Contact: Neema Ghanbari, Public Works Manager; 562.420.2641 ext. 206; nghanbari@hgcity,org Services: Construction Management, Inspection Start:04/2023 Complete: Ongoing Ardurra provides the City with public works inspection for citywide CIP construction projects. Work has included residential street rehabilitation and roofing projects, such as the following: ■ Residential Street Rehabilitation, Project 101. Construction inspection for this project that consists of full roadway reconstruction of various streets in Hawaiian Gardens within the City right-of-way. The scope of work includes traffic control, protect in place various items; removal and construction of concrete sidewalk, curb and gutter, driveway approaches, curb ramps, parkway drain; 2" deep cold mill; furnish and place 6" thick crushed miscellaneous base (CMB), 2" ARHM overlay; adjust manhole and cover to finish grade, adjust water valve can and cover to finish grade; adjust water meter box and cover to finish; provide construction survey; install traffic signal loop detector, traffic striping, signing and marking, ■ C. Robert Lee Roof Replacement, Project 102. Construction inspection for roof replacement improvements that include removal and replacement of the existing roof, air ducts, rain gutters, and all other appurtenances, miscellaneous replacement of structural plywood, electrical disconnectionslreconnections, and mechanical disco nnectionslreconnections. On -Call CM & Inspection Services Ontario, CA Client: City of Ontario Contact: Bryan Lirley, PE, QSD, Assistant City Engineer; 909.395,2137; blirley@ontarioca.gov Services: Construction Management, Inspection Start: 07/2021 Complete: Ongoing Project Value: $1,2M Ardurra provides public works inspection for the City's annual pavement rehabilitation and slurry seal project as well as permit inspection. Work includes, but is not limited to, maintaining more than 1,200 lane miles of pavement within the city, rehabilitating existing street pavements, sidewalks, handicap ramps, curb and gutter, and related appurtenances; repairing or constructing storm drain improvements at various locations throughout the City; and providing engineering contract management and field services support for all construction work within the public right-of-way. On -Gall Municipal Engineering/Staff Augmentation Lake Forest, CA Client: City of Lake Forest Contact: Tom Wheeler Director of Public Works/City Engineer; 949.461.3480; twheelerglakeforestca,gov Services: Project Management, Engineering, Staff Augmentation, Traffic Engineering, Flood Control, Inspection Start: 0612011 Complete: 06/2024 Project Value: $163M Ardurra is responsible for managing plan checking and inspection of various residential developments and the single -property developmentlremodels throughout the city. Tasks include short- and long-term CIP planning and budgeting, researching matters related to regulations and ordinances, funding options, assistance with the operating budget, and any other needs of the City. Deliverables are varied and include plan and reports for rough grading plans, precise grading plans, street and alley plans, storm drain plans, hydrology reports, hydraulic reports, street lighting plans, traffic signal plans, traffic control plans, landscape and irrigation plans, retaining and MSE wall plans, and water and sewer plans. Work includes inspection for ADA ramps, street lighting installations, all encroachment permit projects, grading, storm drain, wet and dry utilities, curb and gutter projects, sidewalk projects and all restoration projects within an encroachment permit. Wet utility agencies include El Toro Water District, Irvine Ranch Water District, Santa Margarita Water District and Trabuco ARDURRA Proposal I City of Santa Ana 108-08-2023 Canyon Water District. Dry utility agencies include The Gas South Bay Regional lntermodal Transit Center Project Company, AT&T and Cox. Redondo Beach, CA Our team also provided inspection of the Baker Water Treatment project that involved working in conjunction with the Irvine Ranch Water District and installation of 36-inch CMCL pipe. Police Department Seismic Retrofit, Emergency Operations Center, and Modernization Cypress, CA Client: City of Cypress Contact: Nick Mangkalakiri, City Engineer; 714.765.5157; nmangkalgcypressca.org Services: Construction Management, Inspection Start: 2020 Complete: 0112022 Project Value: $4.7M Ardurra performed biddability and constructability reviews and peer cost estimating services. The existing Police Department structure was an approximately 20,000-square-foot, single -story building with a partial basement. The City used a roof -stiffening system for seismic strengthening. The improvements entailed relocating interior walls and making lighting upgrades, ADA improvements and architectural enhancements. Each design submittal biddability/constructability review is a result in Ardurra's submittal of redlined plans and a punch list of comments and recommendations for the City's consideration and implementation with the project architect/engineer. Ardurra reviewed the plans for biddability and constructability and identified potential value engineering solutions, ambiguities, conflicts and/or omissions that became apparent during its review. The bid documents and technical specifications were reviewed for potential duplication/ overlap of clauses, conflicts, proper placement of critical requirements within the order and precedence of documents. Ardurra recommended key contract provisions to provide the necessary controls and remedies for the City to maintain a proactive approach on the project. Ardurra also provided construction management and inspection services to oversee the successful completion of construction activities associated with this project. The project included interior improvements, structural improvements, exterior improvements, and tern porarylp hased improvements. This project was quite unique in that it required the temporary relocation of the entire Cypress Police Department during the construction phase. Temporary trailers and an existing senior center were used to provide temporary housing. Subsequent to approval of the initial project schedule, monthly updates were provided, and any deviations from the critical path were mitigated by modifying other parts of the schedule. All in all, even with the pandemic and the ensuing supply chain issues, the project was completed on time, 2022 Project Achievement Award, Construction Management Association of America, Southern California Chapter Client: City of Redondo Beach Contact: Andrew Winje, City Engineer; 310.749.4000; Andrew.Winje@)redondo,org Services: Construction Management, Inspection Start:0612020 Complete:1212022 Project Value: $13,2M Ardurra provided construction management and inspection along with other professional services required to undertake and successfully manage construction of this modern LEED Silver multimodal transportation facility. Phase one of the project included construction of a new Transit Center to replace the existing antiquated Transit Center, which now consists of a 2,900-square-foot building housing an operator lounge, private restrooms, passenger waiting area with public restrooms, and offices. Other improvements include a kiss -and -ride parking area, a 320-space upper -level parking lot, bicycle storage lockers, 12 new bus bays, signalized crosswalks, traffic signals, striping, as well as a TAP vending machine and CCTV security cameras. This project had some major unforeseen conditions affecting the grading, location of detention basin, and other underground utilities that were initially designed. We kept change orders at 15% in spite of increased scope as directed by the agency and major unforeseen conditions. Using a thorough schedule of values, we were able to control costs on this lump sum project. The project received the 2023 project award for Transportation: Roads and Highways in the range of $10M - $50M from CMAA Southern California Chapter. Torrance Transit Regional Park -and -Ride Terminal Torrance, CA Client: City of Torrance Contact: Craig Bilezerian, PE, City Engineer; 310.618.3054; cbilezeriamPtorranceca.gov Services: Construction Management, Inspection Start: 1012016 Complete: 06/2023 Project Value: $22M Ardurra provided construction management, inspection, and special/deputy inspection and testing services for this 15,000-SF regional terminal on 15 acres along Crenshaw Boulevard near the 405 Freeway. The hub for Torrance Transit, the City of Torrance's multi -line bus service, will connect the carrier's routes with those of other providers. The Torrance Transit Center is also anticipated to connect with the Metro Green Line as part of the Green Line Master Plan, The terminal was constructed to LEED Gold standards and will be served by eight bus bays. The transit center includes a passenger drop-off zone, layover space, and a parking lot with about 250 spaces. The project was constructed in two phases. Phase 1 focused on rough -grading the site and building the underground drainage system. Phase 2 included the buildings and parking lot, as well as circulation roads and utilities. Related Proposal I City of Santa Ana I 08-08-2023 /^v ARDURRA offsite improvements included construction of a cul-de-sac extension of 208th Street and widening of Crenshaw Boulevard for a new right turn pocket and traffic signal improvements. One of Ardurra's first tasks was a constructability review of the project's plans (273 sheets) and specifications. Ardurra assisted the City during the bid phase, coordinating responses to bidder questions, substitution requests and compiling and issuing bid addenda, Ardurra also assisted the City With evaluation of submitted bids, as well as addressing a bid protest and assisting with preparation for City Council award of the construction contract. Ardurra construction phase services included assisting the City with establishing an efficient web -based project administration portal, and coordinating with a multitude of project stakeholders. Project stakeholders include City Departments, utilities, adjacent property owners, contractors and subcontractors, as well as the project architect and subconsultants. Other tasks entailed performing schedule and budget reviews, processing/coordinating RFI responses, submittals and change management, Signal Hill Dog Park Signal Hill, CA Client: City of Signal Hill Contact: Kelli Tunnicliff, former Public Works Director (currently City of Lakewood Deputy Director of Public Works); 562.209.0037; ktunnicliifglakewoodcity,org Services: Construction Management Start: 1112017 Complete: 03/2018 Project Value: $2M Ardurra managed construction of a dog park for the enjoyment of the area's canine residents and their owners. Dog park features include new artificial turf, landscaping, a parking lot, and sidewalks. The park is enhanced with play mulch, crushed -granite walkways, seating, lighting, fencing, and drinking fountains. Throughout the project, Ardurra's construction manager worked closely with the City's inspector and public works director. As part of construction management services, Ardurra provided public outreach in the field, quality assurance of work performed, participated in progress meetings, and ensured safe conditions as well as compliance with plans and specifications. Heritage Point Park & Stormwater Infiltration Project Signal Hill, CA Client: City of Signal Hill Contact: Thomas Bekele, PE, Director of Public Works; 562,972.8516; tbekele@cityofsignalhill.org Services: Construction Management Start: 03/2021 Complete: 1112022 Project Value: $2.2M Ardurra provided construction management services for this $2.2 million park project. The project involved construction of a new public park and stormwater infiltration system to restore a barren brownfield area to provide much needed open space, wildlife habitat, and environmental education opportunities. The project also provided enhancement of the City's trail network for outdoor recreation in an urbanized, industrial area. The passive new park and miscellaneous related work included grading, oil operations access roadway, a park entry monument and gate, stacked stone retaining walls, drainage and 'infiltration system, hardscape, decomposed granite walkways, passive park amenities, bollards and lighting, irrigation, trees and planting, dog valet station, and miscellaneous related work, Responsibilities Included submittal and RFI reviews, conducting weekly progress meetings, change order management inclusive of merit determination and independent cost analysis and negotiation, payment applications, overseeing and coordination of inspection and subconsultant services for survey and geotechnical inspection, Polliwog Park Lower Playground Replacement Project Manhattan Beach, CA Client: City of Manhattan Beach Contact: Katherine Doherty, PE, ENV SP, City Engineer; 310.802.5352; kdoherty@manhattanbeach.gov Services: Construction Management, Inspection Start: 1012021 Complete: 05/2022 Project Value: $2M Ardurra provided CM and inspection services for this project that included the removal and replacement of play equipment and the play surface, as well as fencing surrounding the lower play area near the pond. The play structure was last replaced with modernized equipment in 2003, so the existing playground equipment and padded surface had become in a state of disrepair due to the extensive wear and tear of heavy use by the public over the last 18 years. And due to safety concerns, a substantial portion of the existing play equipment was placed off limits to users. In addition to revitalizing the play equipment and surface, the project also involved replacing portions of sidewalk between the play area and parking on Herrin Avenue and upgrading the existing accessible parking stalls on Herrin Avenue in compliance with current ADA standards. Ardurra worked diligently and closely with all shareholders to expedite the submittal, plan check, and approval of shop drawings and procurement of the shade sails in an effort to meet the contractual deadline for project completion. Firestone Boulevard Regional Corridor Capacity Enhancements South Gate, CA Client: City of South Gate Contact: Kenneth Tang, City Project Manager; 323.563.9574; ktang@sogate.org Services: Inspection Start: 0112018 Complete; 0812019 Project Value: $20M Ardurra conducted construction inspections for the City of South Gate's $15-million overhaul of three segments of Firestone /\\,/ ARDURRA Proposal I City of Santa Ana 1 08-08-2023 Boulevard. The project significantly increased Firestone's traffic - handling capacity by adding a third lane in each direction. This project received the APWA Project of the Year award. Firestone, a busy arterial in South Gate west of the 1-710 Freeway and south of Lynwood, was suffering from traffic congestion, heavily worn pavement and lane markings that could be hard to see, Ardurra's full-time inspector monitored and proactively ensured the work complied with plans and specifications. Priorities included monitoring traffic control, stormwater plan implementation, and quality assurance. The project included repaving, concrete repair, and installing landscaped medians. Other upgrades included new ADA-compliant ramps and new traffic loops. Repaving entailed building a leveling course, then placing a rubberized hot mix asphalt cap. Plans called for restriping lane fines and illuminating crosswalks with small lights inset into the pavement. The project also included installing a new traffic signal at Firestone and San Miguel Avenue. In addition, traffic signals were synchronized to promote increased traffic flow. Traffic signal poles were installed at six intersections. The corridor's appearance and functionality were enhanced with new bus shelters, bike racks, trash receptacles, and concrete benches. Ocean Place Development Construction Phase Plan Check/inspection Seal Beach, CA Client: City of Seal Beach Contact: Iris Lee, PE, Public Works Director/City Engineer; 562.431.2527 ext.1322; ilee@sealbeachca.gov Services: Plan Checking, Construction Inspection Start: 0912018 Complete: Ongoing Project Value: $518,699 Ardurra is providing plan checking and inspection for grading and construction of the road and utility infrastructure that will support Ocean Place, a neighborhood of 30 luxury homes in an environmentally sensitive beachfront location. Services are focused on the grading and construction of street improvements, storm drains, domestic water and sanitary sewer lines. Of importance will be ensuring the use of stormwater management best practices and compliance with the terms of a State coastal development permit. The project will include a 5.5-acre public park to be turned over to the City by the developer. EXPERIENCE WITH FUNDING REQUIREMENTS Capital improvement projects are funded through a variety of sources. For example, some of the funding sources for Santa Ana's capital projects include General Fund — PWA Road Maintenance; Active Transportation Program; Refuse Maintenance; Federal Clean Water Enterprise; Cannabis — Public Benefit Fund; Cannabis — Library Youth Services; General Fund — PWA Sidewalk Service Enhancements; General Fund — PWA Service Enhancements; SB 1 Road Maintenance and Rehabilitation Account; and Drainage Area Fee IV. We are very familiar with various funding sources and their requirements, We work cooperatively with City subject matter expert consultants and contractors to monitor and document compliance with Section 3, Build America, Buy America, Davis - Bacon, DBEIUDBF, and CDBG funding requirements. Ardurra has recently completed documentation required by Caltrans for federally funded projects for the Cities of Long Beach, Carson, Alhambra, Manhattan Beach, Torrance, Redondo Beach, and Lake Forest. Documentation prepared includes Exhibits for Notice of Contract Award (Exhibits 3-0, 15- B,15-G, 151,15-M, along with all appropriate bid documents and good faith effort report if necessary), Exhibits for Progress Payments ( Exhibits 5-A, Attachment A, 5-J, 5-K, City Invoice, Invoice Summary Spreadsheet B-3, 15-M, 17-C,17-F, and 17-0), and Exhibits for the Final Report (Exhibits 17-A through G). Our team has worked on numerous federally funded projects over the years and has well -established and proven templates that have been used as examples by Caltrans. We have an excellent track record for delivering exception free federally funded project oversight reviews and federal audits. The team has a keen understanding of the Local Assistance Procedures Manual and Caltrans Oversight three review process. As a result, projects are delivered with well -organized and complete documentation that includes all of the requirements to ensure compliance with federal requirements such that reimbursements are processed in a timely manner. f. REFERENCES Our history of successfully delivering projects efficiently and within budget is the reason clients continually return to Ardurra. We are proud of our track record of providing quality services, to which our references listed below will attest. Agency/Address Anaheim Public Utilities Jake Hester, Water EngineeringlDesign 201 S. Anaheim Blvd. Manager, jhesterganaheim net Anaheim, CA 92801 On -Call CIP CM Services City of Cypress Nick Mangkalakiri, City Engineer, 5275 Orange Avenue nmangkal9cypressca.org Cypress, CA 90630 Ors -Call City Engineering/CM/Testing & inspection: Police Dept. Modernization City of Long Beach Eric 0. Lopez, Public Works Director, 333 W. Ocean Blvd. Eric.Lopezc}longbeach.gov Long Beach, CA 90802 On Call Public Works CM & inspection Proposal I City of Santa Ana 1 08-08-2023 /\./ ARDURRA 2. SCOPE OF SERVICES AND SCHEDULE Below is an example scope that contains potential phases of work. Section "T of this proposal discusses our general approach to delivering these phases. A sample schedule is also provided below that illustrates managing project milestones, summary activities, permits, and submittals. Pre -Bid Phase ■ Provide a comprehensive biddability, constructability review of the plans and specifications. ■ Review plans and prepare a probable cost of construction taking into account current construction costs. ■ Assist the City with contractor pre -qualification process. Bid Phase ■ Monitor and document that all funding requirements are included in the bid documents. ■ Establish public outreach plan. ■ Assist the City with required bid advertising. ■ Attend bid opening and prepare matrix reflecting bid results. • Check references of apparent low bidder. Pre -Construction Support ■ Assist City in preparing agreement with selected contractor, ■ Monitor and document that all documents for funding agencies have been signed. ■ Schedule pre -construction meeting and prepare agenda. ■ Review/approve schedule of values, ■ Reviewlapprove baseline schedule. Design Phase ■ Work closely with design -build team to clearly define the design intent, establish expectations, and implement milestone deadlines. ■ Several design workshops (30%, 60%, and 90% complete) will be held to discuss any design alternatives and plan review comments, and address any concerns. * Shop drawing review and procurement of long lead items as needed to adhere to the project schedule. ■ Monitor budget and schedule for conformance to the plan and established milestones. Construction Phase ■ Provide CM/contract administration services. • implement web -based CMIS (Procure) for team collaboration and real-time access to project -related documents. ■ Assign a team member specifically dedicated to monthly baseline construction schedule review as well as look -ahead schedule and report findings to all parties, ■ Provide document controls to track ongoing project correspondence, RFIs, submittals and all project -related documents. ■ Coordinate geotechnical and material testing services as required and file reports. ■ Coordinate deputy inspection for required special inspection. ■ Provide full-time inspection services to monitor daily progress and prepare daily inspection reports, ■ Establish a comprehensive public outreach plan. is (Optional) Deploy and maintain site web cameras for real- time monitoring of construction operations and progress. .w vmed.ra»mM1A�ele we ,�.,�em[e,W, I m..xx txxs da^ _ � Nh�FMAMJlA6 ND , ] .Wry o Porn nKPmay..srlmaPk MilaeMABS ... ,i NaNI1, Ree��a; lernow miaFe aewmlaa,�s- p��rmieamra..aq� s a omco-ma r+d eaa{I i : i i ::::: raeze]eenmetn w.�,ba.-x�•e o muwu -s, r i i { I . 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F9IpIMi lu : fs'ei Mlal��pjl9LlLk�Alxsli , 1�.%wdPivtire�0e'niFS-------i �T--- i-- feI©IM Fe'.w'LM w-@w�Maalpsmoi�-E'MIIRa]t I. 131 1 m4w2fA 61-dnII A+WPxI Et vmvrea@�.-L4vieaaMwrleSrpplel]1ETlmnell Ml OQ.§rvII 6Nze•II -1 -----..:_� - PioduKe 4'YbrLljarja�MQb'p5?Dj rlt � Pena i oral lkmenMNas T1Siim-.I Fapl {u M1SK M1Tu muAnr+ ® iMrre V.eM • •Mmm.e oo-de ra�� /�/ARDURRA Proposal I City of Santa Ana 1 08-08-2023 - - ' — - • - e , , .- . ...c _ - y4�C jam'.;' 7ryy i/i .��, _ �� slam �Fa�f �~ IAL APPENDIX A CERTIFICATIONS This page intentionally left blank Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS 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 Nan -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 cerqfrotion may subject the certifier to criminal prosecution. Signed State of California County of _ Subscribed and sworn to (or affirmed) before me on this day of � 20___, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. See Attached Certificate Notary Public Signature Notary Public Seal City of Santa Ana RFP Page A3-1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of� ) On l 3E�v _ ^ _ before me, 1, i (insert name and title of the officer) personally appearea c-v cv ��� a who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capecity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MRUNALDESHMUNH WITNESS my hand and official seal. Notary public • California *my orange County Commission # 2443292 Cam", Expires Apr 3, 2027 A Sianatude oqA _ _IN! (Seal) Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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 unposed 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 Ardurra Group, Inc, Signed and Printed Name: Title Vice President, Regional Director Date August 8, 2023 Lisa M Penna City of Santa Ana RFP Page A3-2 This page intentionally left blank Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. 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. 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 City of Santa Ana RFP Page A3-3 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: /�- Lisa M. Penna Title: Firm: Vice President, Regional Director Ardurra Group, Inc. Date: August 8, 2023 City of Santa Ana RFP Page A3-4 r ,jam �- .- _ -i .7C,� ,�'�' '. � .. � - ■p'1 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable ARDURR/A August 8, 2023 City of Santa Ana Attn.: Edward Torres Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Subject: Fee Proposal to Provide On -Call Construction Management and Inspection Services, RFP No. 23-122 Dear Edward Torres and Selection Committee Members: Enclosed is Ardurra Group, Inc.'s fee proposal for On -Call Construction Management and Inspection Services for the City of Santa Ana, Attached is a schedule of hourly rates for our team. We look forward to serving the City of Santa Ana on this as -needed contract Please feel free to contact Dino at 714,458.0703 or ddemilia@ardurra.com or Omar Alameddine at 949.533.3012 or oalameddine@ardurra,com if you have any questions or need additional information. Respectfully submitted, C� Dino D'Emilia, PE, F. ASCE, QSD California Public Works Practice Director OmarAlameddine Project & Construction Management Group Leader 1960 E, Grand Avenue, Suite 300 ; El Segundo, CA 90245 I 310.359.1203 1 www.ardurra.com Ardurra Group, Inc. Standard Billing Rate Schedule City of Santa Ana ARDURRA On -Call Construction Management& Inspection Services Effective through June 2024 Staff Rate' Principal $320 Principal Program Manager $280 Project Executive / QA/QC Manager $280 Sr. Program Manager $240 Program Manager $220 Principal Project Manager $280 Sr. Project Manager $250 Project Manager $220 Asst. Project Manager $175 Principal Construction Manager $280 Structures Representative $260 Sr, Construction Manager $250 Construction Manager $220 Asst. Construction Manager $175 Project Controls Engineer, Labor Compliance $160 Documents Control, Administration $130 RegularTime Overtime Staff Rate Mon — Fri 2 Sat 2 Sunday/ Holiday PE Licensed Inspector (Prevailing and Non -Prevailing Wage) 3'1'6 $185 $259 $259 $333 PE Licensed Inspector (Prevailing and Non -Prevailing Wage — Special Shift) 3,4,5,6 $190 $266 $266 $342 Public Works Inspector (Prevailing Wage) ''5'6 $175 $245 $245 $315 PublicWorksInspector (Prevailing Wage — Special Shift) ''4'S'6 $180 $252 $252 $324 Accessibility Expert /CASpInspector 6 $294 $412 $412 $529 DSA / OSHPD Inspector of Record 6 $205 $287 $287 $369 Deputy Inspection (Prevailing Wage)''6'6 $146 $204 $204 $263 NDTTesting (Prevailing Wage) ''6'6 $175 $245 $245 $315 Public Works Inspector (Non -Prevailing Wage) 5 $155 $211 1 $217 $279 Fee Proposal I City of Santa Ana l 08-08-2023 /��, ARDURRA Notes/Assumptions: The above hourly rates include wages, fringe and general and administrative overhead and fee, as well as typical supplies, tools and equipment required to perform services. Construction management software is not included in the base rate. 2. Rate applies to the first four hours of overtime during the week and/or first eight hours of overtime on Saturdays; all overtime in excess of four hours during the week or eight hours on Saturdays is paid at the Sunday/holiday rate. 3. Prevailing Wage Rates are subject to increases pursuant to the State of California's Department of Industrial Relations Wage Rate Determinations. Ardurra's Billing Rates will increase in proportion to the DIR increase, plus overhead and profit. The current rates are based on Determination # SC-23-63-2-2023-1 D Issued 2/2212023, 4. A Special Shift is any shift that starts after 5:00 PM and before 6:00 AM. 5. The following minimum callout applies to Inspection staff, in accordance with Industrial Welfare Commission Order #16-2001: ■ Cancellation of 8 hours scheduled inspection after inspector's arrival on site: 4-hour minimum ■ Cancellation of 4 hours scheduled inspection after inspector's arrival on site: 2-hour minimum 6. For contracts involving public works inspection services, Ardurra requires the awarding public agency to complete DIR form PWC-100 solely forArdurra as the prime contractor specific to the awarded contract name and amount. A half-hour per week, per inspector labor compliance charge will be billed for all Prevailing Wage inspection assignments. Web -Based Contract Administration: Selected/specified cloud -based service billed at cost plus fifteen percent (15%). Reimbursable Expenses (Other Direct Costs): Ordinary identifiable non -salary costs that are directly attributable to the project, such as regular commuter travel costs, standard equipment, tools and software, etc., are included in the fee estimated above. Extraordinary expenses, such as oversized and/or color reproduction costs, vehicle identification decals, site facility hard phone line and/or internet service charges, non - commuter project miles and/or other travel expenses to remote (over 50 miles one-way) fabrication yards/batch plants, overnight postagelcouriers, etc., are billed at actual cost plus fifteen percent (15%) to cover overhead and administration. Travel charges to a casting/fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Mileage is billed at the current IRS rate (currently $0.655/mile). An allowance for extraordinary charges is included as Other Direct Costs (ODC) in the fee table above. Extraordinary charges above and beyond the estimated ODC allowance will not be billed to the client unless specifically included in the contract or requested and approved by the client in writing prior to incurring the additional expense. Fees for Subconsultant Services: Billed at actual cost, plus 15 percent (15%) to cover overhead and administration. Escalation: This rate schedule is effective January 1, 2023 through June 30, 2024, except as noted above for Prevailing Wage covered classifications. Should the contract duration be extended beyond June 30, 2024, rates will be subject to prevailing wage increases as noted above, non -prevailing wage salary increases and overhead increases based on current Los Angeles - Riverside -Orange County Consumer Price Index to accommodate inflationary trends, salary adjustments and the general cost of doing business, as mutually agreeable to the parties and approved via contract amendment prior to implementing higher rates. In the event the contract is subject to delays that are beyond Ardurra's control, a request will be made to increase the billing rates to Ardurra's current standard rates and the client will use all reasonable effort to allow such billing rate increase. Exclusions to Scope and Fee: The following items are specifically excluded: ■ Legal advice ■ Surveying ■ Temporary field office facilities, equipment, furniture, utilities and/or services ■ Materials, soils and/or hazardous materials testing or monitoring ■ Construction labor, materials and/or equipment ■ Copies of plans and specifications or other oversized drawings ■ Additional services not specifically called for in the proposal ■ Expert witness services ■ Standby services Fee Proposal I City of Santa Ana 1 08-08-2023 /t/ ARDURRA Adurra - jtm - CAO signed Final Audit Report 2023-09-11 Created: 2023-09-11 By: Emerson Frankston (EFrankston@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAALGauXiuUA43Ffv90AJ-1-5E883cwEFZb "Adurra - jtm - CAO signed" History Document created by Emerson Frankston (EFrankston@santa-ana.org) 2023-09-11 - 2:26:10 PM GMT Cy Document emailed to ddemilia@ardurra.com for signature 2023-09-11 - 2:27:28 PM GMT Email viewed by ddemilia@ardurra.com 2023-09-11 - 3:19:22 PM GMT 6o Signer ddemilia@ardurra.com entered name at signing as Dino D&#39;Emilia 2023-09-11 - 3:22:04 PM GMT dQ Document e-signed by Dino D'Emilia (ddemilia@ardurra.com) Signature Date: 2023-09-11 - 3:22:06 PM GMT - Time Source: server Agreement completed. 2023-09-11 - 3:22:06 PM GMT 0 Adobe Acrobat Sign EXHIBIT 5 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CANNON TO PROVIDE ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 3rd day of October, 2023 by and between Cannon ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 18, 2023 the City issued Request for Proposal ("RFP") No. 23-122 by which it desired to retain a consultant having special skill and knowledge in the field of construction management and inspection services on an on -call basis for the City's Public Works Agency. Said services are required to augment City staff efforts to complete delivery of capital improvement projects involving public works infrastructure and City facilities. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-122. 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 SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-122, 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 Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-122. The total compensation for services provided by all consultants selected under REP 23-122 shall not exceed the shared aggregate amount of $3,000,000.00 during the term of this Page 1 of 10 Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on October 3, 2023 and end on October 2, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, 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 -employee 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, Page 2 of 10 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. (iii)Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv)Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Page 3 of 10 (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: Page 4 of 10 • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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 Page 5 of 10 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; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by City. Page 6 of 10 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 specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 consultant and/or contractors 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 Page 7 of 10 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. 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: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-19 8 8 Page 8 of 10 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: Patrick Riddell Director, Construction Management Division Cannon 16842 Von Karman Avenue Suite 150 Irvine, CA 92606 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. 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 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. [signatures contained on following page] Page 9 of 10 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CANNON TO PROVIDE ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ' B JONATHAN T. MARTI Z Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: By: Pat Riddell Title: Director, Construction Management Division Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO.23-122 INTRODUCTION/PROJECT DESCRIPTION The City of Santa Ana intends to retain Construction Management firm on an as -needed or "On -Call" basis. A Professional Services Agreement will be entered into with multiple qualified firms to provide construction management services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may later be asked to provide construction management proposals on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. The firm shall provide general Construction Management services to support the construction efforts and serve as an extension of City staff to assist in the overall delivery of this project, including pre -construction tasks, managing construction and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Construction Manager or his authorized representative. City staff may assist in managing construction and will oversee the work of the Project Manager, Inspector, and Contract Administrator. Firms must provide construction management services and contractor administration in conformance with the requirements set forth in the State's Construction Manual, State's Local Assistance Programs and Procedures Manual, OCFCD encroachment permit/requirements, and other Agencies regulatory permits/requirements. The construction manager is expected implement contract requirements and comply with all Federal and local guidelines in order to execute successfully the project in a timely and cost efficient manner. City of Santa Ana RFP 23-122 Page Al-1 The majority of capital improvement and construction projects within the city includes, but is not limited to, the following: • Street rehabilitation • Sewer improvements • Storm Drain improvements • Bridge construction • New building construction • Water service and pipelines • Pump and motor improvements • Irrigation and landscaping • Site Improvements; concrete sidewalk, etc. • System controls and instrumentation • Streets and park lighting • Parks and Recreation facility improvements • Mechanical system • Electrical system • Traffic Signal Improvements Scope of Services The required services by the Project Manager, the Inspector and the Contract Administrator may include the following: RESIDENT ENGINEER / ADMINISTRATOR a. The PM shall represent the City Construction Manager in the field. The CM shall possess a minimum of (5) years' experience in construction management. b. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications or references that affirm the experience. 2. BID ANALYSIS a. Prior to the start of the project, the PM shall be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all sub -contractors have a valid City Business License. 3. STAFF REPORTS a. Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines. City of Santa Ana RFP 23-122 Page Al-2 4. GENERAL CONSTRUCTION ADMINISTRATION a. Coordinate with the City to define the roles and responsibilities during construction and develop a construction management plan. b. Co -lead pre -construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes. c. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements. d. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as- built records. e. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise. £ Manage the Construction Management Software PROCORE, coordinating with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team. g. Shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project. 5. SUBMITTAL/RFI REVIEW & PROCESSING a. The PM shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals"). Shall transmit the Submittals to City staffing for review and approval, and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals. b. PM shall develop, maintain, and manage all submittal/RFI logs. c. Determine the workflow on PROCORE for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team. 6. CONSTRUCTABILITY REVIEW a. Shall review project plans and specifications to determine its "constructability". Shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. Update the project schedule as required showing current conditions and revisions required by actual progress. City of Santa Ana RFP 23-122 Page Al-3 b. The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts. 7. CHANGE ORDER REVIEW a. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component. 8. SAFETY a. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations. 9. PROGRESS PAYMENTS a. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. b. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment. c. Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review. 10. INSPECTIONS a. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. b. Facilitate and coordinate inspection by representatives of other agencies. c. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections. d. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants. e. Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions. City of Santa Ana RFP 23-122 Page Al-4 11. CLAIMS a. Claims submitted by the contractor must adhere to the Public Contract Code Section 10240 and 20104. b. PM shall coordinate with City consultant on claim matters. c. Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim. Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions. 12. PREVAILING WAGE / LABOR COMPLIANCE a. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. b. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments. c. Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis. 13. CWA COMPLIANCE a. Shall monitor and enforce the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments. b. Outline responsibilities within the agreement and assist contractors in achieving the CWA goal. 14. PROJECT CLOSEOUT a. The PM shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue. b. Shall provide a close out report outlining any obstacles, violations, services performed, and final percentages achieved by the workforce as part of the CWA. c. Shall provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance. 15. COMMUNITY OUTREACH a. Attend and co -lead a pre -construction meeting with the community. Primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts. b. PM shall coordinate with the city's community liaison and communicate with the community regarding impacts related to the construction project. City of Santa Ana RFP 23-122 Page Al-5 16. FEDERAL REQUIREMENTS a. Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City. b. Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project. c. Compliance with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) authorized by the American Rescue Plan Act (ARPA). Review ARPA requirements for construction and enforce any regulations set forth by these funds. All tasks listed above shall be required on an as -needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project. Payment and Invoicing: Selected Construction Management Firm shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. A 10% retention will be held on every invoice through the project. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Consultant Responsibilities: Consultant shall provide all required insurance as outlines in Attachment 3 of this RFP. City of Santa Ana RFP 23-122 Page Al-6 EXHIBIT B CONSULTANT'S PROPOSAL r� El I 6,TH�U TRAFFI.( Table of Contents 1. Statement of Qualifications a. Cover Letter b. Contract Agreement Statement c. Firm and Team Experience d. Understanding of Need e. Relevant Project Experience f. References 2. Scope of Services and Schedule Appendix Key Personnel Resumes Certifications 3-1 Non -Collusion Affidavit 3-1 Non -Lobbying Certification 3-3 Non -Discrimination Certification Fee proposal submitted as a separate file. a. Cover Letter Mr. Edward Torres, Senior Engineer City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Subject: On -Call Construction Management and Inspection Services Dear Mr. Torres and Members of the Selection Committee: August 8, 2023 The City of Santa Ana has a tremendous responsibility to provide and maintain critical and essential infrastructure for its residents. This construction management and inspection services agreement is a great opportunity for the City to strengthen its resources in anticipation of completing its various construction projects in a timely and efficient manner. The City needs a dependable and qualified construction management team that can provide on -call construction management services for a variety of projects including street improvements and potable and wastewater infrastructure. Characteristics of a qualified construction inspection team include reliability, responsiveness, and availability. Our team will operate as a seamless and scalable extension of the City, respond proactively to concerns, and understand the City's standards, guidelines, and construction inspection methods. Proof of these characteristics is in the quality of the finished product, Cannon's schedule and cost control abilities, and our diligence in documenting the project. The following Statement of Qualifications demonstrates our ability to provide the characteristics you seek. During the past 47 years, Cannon staff have had many opportunities to work in an on -call capacity, providing engineering, surveying, and construction management and administration services for municipalities and utility providers. An abbreviated list of clients who have selected Cannon to provide on -call construction management and inspection services in the last five years can be found on page 2. Our interest in this RFP stems from our construction management division's current experience working with the City on the Well No. 29 Improvements project and successful history of working on public improvement projects similar to those proposed by the City. Our extensive knowledge of construction management practices for public works projects, established communication strategy, and success in reducing exposure to claims and litigation will support the City's goals for this agreement. The following response demonstrates our qualifications. I am available to answer any questions through the contact methods provided below, or to further discuss this proposal. Sincerely, 1��Y� ��� Patrick Riddell, PE, CPII, QSD* Director, Construction Management Division acknowledge 16842 Von Karman Avenue, Suite 150, Irvine, CA 92606 Addendum 2 949.753.8111 ® 805.235.0576 M PatR@CannonCorp.us o f Santa Ana CWA *Authorized representative to legally bind firm. Page intentionally left blank Services for the City will be performed primarily from our Irvine office with support from our other offices. Cannon office locations include the following: Irvine Los Angeles 16842 Von Karman Ave. 11900 West Olympic Blvd. Suite 150 Irvine, CA 92606 949.753.8111 San Luis Obispo 1050 Southwood Drive San Luis Obispo, CA 93401 2 805.544.7407 Suite 530 Los Angeles, CA 90064 310.664.1166 Ventura 305 South Kalorama Street Suite A Ventura, CA 93001 2 805.503.4590 Experience Counts Cannon offers relevant expertise in the following areas: b. Contract Agreement Statement Cannon acknowledges and concurs with the City of Santa Ana's provisions contained in the issued Attachment 2 Sample Agreement, located in the Appendix of the City's RFP. c. Firm and Team Experience Cannon Corporation — Providing Reliable Responsive Solutions since 1976 Firm Background Since 1976, Cannon has provided services to clients throughout Southern and Central California. Our staff of professionals includes registered civil, structural, mechanical, and electrical engineers; construction managers and inspectors; funding administrators; instrumentation and controls (SCADA) specialists; and licensed land surveyors. In addition, we employ experts in 3D scanning and modeling, permitting and compliance, Low Impact Development (LID), and the LEED certification process. As a full -service construction management, civil engineering, surveying firm, with more than 135 professionals, Cannon can provide services from grant management and project planning through design, construction, and project closeout. We have specialists in street rehabilitation, water resources, drainage design, sewer design, roadway design; hydrology and hydraulics; resource coordination; and construction scheduling and inspections. We have extensive experience in construction management and inspection, design, plan checking services, and surveying services, for street rehabilitation, widening and improvement projects and major street, storm drain, right-of-way, water, sewer and dry utility design. Cannon provides preliminary engineering studies and master planning for drainage facilities, hydrology and hydraulics, water utilities, sewer and dry utilities. Additionally, we have strong experience in the preparation of engineering documents for all phases of design and construction: conceptual design, preliminary design, final engineering, construction documents, construction support, and construction management. Our skilled team includes construction managers, construction inspectors, resident engineers, office engineers, and funding administrators. Our team also provides technical support services for special inspections and materials testing. Strength and ct-9bility As a growing, financially stable organization, we are proud of the good credit rating we have earned from Dunn & Bradstreet in an industry dominated by fair and poor ratings. Cannon has not been debarred, suspended, or otherwise declared ineligible to contract by any federal, state, or local public agency, and has not had a contract terminated for breach with a client. Cannon has the financial resources and regular staffing to provide responsive, reliable services to the City of Santa Ana, and is able to maintain our proposed project team (including subconsultants) to facilitate the timely and continuous performance of work. At Cannon, we believe empowering our staff with opportunities for educational and technical growth fosters a continuously evolving, collegiate working environment. Our engineers, surveyors, construction managers, and other staff regularly attend workshops, training courses, and affiliate programs in order to keep abreast of the latest technologies, methodologies, and respective industry standards and regulations. We strive to maintain sufficient, adequate, and suitable equipment and facilities to provide our clients with state -of -the art, quality products and services, and hold our subconsultants to the same high standards. w, h. V ARTESIA PILAR � _ 20 Civic Center Plaza a f`� _P s= Sunta Ana HENlq--,ER t Superce Nter Ui Ij•n Ai.� 7 W IA�F•jd.�Ar. +rage MUSeurn SANTA ANA )rangecowy MEMORIAL PAP BRISTOLIWAR NER THORNTON PARK - ng w AL 4.. na CrumblCookies Bristol Place Orange County `Museum of An � I 1\ ' 15• LT IRY PARK III �s@r + c- II E4=h gTrader Jots al San a-A.rta6o Tustin Tuslrn Ranch Golf LYON STREET x"1� ��- A TUSiIr z y� Spons'� Crevier6Mw�J+j` � �� 4 ilfba � l/ 7 Marconi Automo�we� M. eum I� � Qa �21 min o / HUNTLEY TUSTIN LEGACY 99 Ranch n \` Cannonylue IRVINE BUSINESS _... Yi�g SO5il1•B�r� UOM PLEM / ®WESTPARK a Wine ft An abbreviated list of clients where we have provided similar on -call servil^-- within the last five years is as follows: • City of Yorba Linda, Construction Management and Inspection • City of Santa Monica, Construction Management • City of El Monte, Construction Management, Inspection, and Observation • Santa Clarita Valley Water Agency, Construction Management, Inspection, and Observation • Golden State Water Company, Construction Management, Inspection, and Observation • Goleta Water District, General Inspection • Camrosa Water District, Construction Management and Inspection • City of Pismo Beach, Construction Management, Inspection, Administration, and Materials Testing • City of Santa Maria, Construction Inspection and Administration • City of Paso Robles, Construction Management • County of San Luis Obispo, Civil Engineering and Construction Services • City of San Luis Obispo, Civil Engineering and Construction Management • City of Chino, On -Call Construction Management • County of Santa Barbara, Construction Management • City of Paso Robles, Construction Management • County of Ventura, Construction Management and Inspection Cannon CM TEAM STATISTICS 47 230+ 6 years in construction miles from the business management/ City office inspection projects Experience Working with Public Agencies / Authorities Cannon has been committed to providing engineering services since 1976. Our reputation is a direct result of our consistent attention to our clients' needs. A majority of our firm's business is from repeat clients who trust in our integrity, as well as our professional competence. We have a team with direct recent relevant experience. We have a proven record for timeliness and the capacity to complete projects in a timely manner. Cannon has had the opportunity to build professional relationships with many cities, counties, and local agency representatives throughout Southern California. The following abbreviated list presents a summary of some of the municipal entities we have worked with: • City of Santa Ana • City of Garden Grove • City of Irvine • City of Anaheim • City of Fullerton • City of Arroyo Grande • City of Atascadero • City of Bakersfield • City of Beverly Hills • City of Buellton • City of Carpinteria • City of Chino • City of Delano • City of Diamond Bar • City of El Monte • City of Glendale • City of Goleta • City of Gonzales • City of Grover Beach • City of Guadalupe • City of Hemet • City of Huntington Beach • City of Lake Forest • City of Lancaster • City of Lompoc • City of Long Beach • City of Los Angeles • City of Los Banos • City of Lynwood • City of Manhattan Beach • City of McFarland • City of Menifee • City of Santa Monica • City of Monterey • City of Moreno Valley • City of Morro Bay • City of Paso Robles • City of Pico Rivera • City of Pismo Beach • City of Pomona • City of Rancho Palos Verdes • City of Redondo Beach • City of Salinas • City of San Luis Obispo • City of Santa Fe Springs • City of Santa Maria • City of Santa Monica • City of Simi Valley • City of Soledad • City of Solvang • City of South Pasadena • City of Ventura • City of Vernon • County of Riverside EDA • County of San Luis Obispo • County of Kern • County of Los Angeles Department of Public Works • County of Santa Barbara • County of San Bernardino • Orange County Public Works • Santa Ynez Community Services District • Santa Clarita Water District • San Luis Obispo Council of Governments • Nipomo Community Services District • Ventura County Waterworks District No. 8 • Newhall County Water District • Los Angeles Community College District • Los Angeles Unified School District • Port of Long Beach Organizational Chart (VaySanta ?*w -------------------------- Principal -in -Charge Project Manager/ Patrick R. Riddell, PE, QSD, CPII P Senior Resident Engineer Ernesto Ferrer, PE, QSD Assistant Resident Engineer Michael Petrovich, PE Water / Wastewater Mike Kielborn, PE, LEED, AP Instrumentation / Traffic Signals Jeff Spannbauer, PE Electrical Engineer Derek Romer, EE Structures / Bridges Marshall Pihl, SE Mechanical Engineer Nick Hopkins, PE, LEED AP Jameson Farr, CPII f Antonio Branic Mossad Rizkalla Key Team Members Percentage of Time Devoted to Project Engineer Assistant II Marcia Bohac Landscape Design Julianna Welch Cannon's current and anticipated workload allows us to completely and comprehensively fulfill on -call services that may be assigned by the City of Santa Ana. As an on -call service provider for many clients throughout Southern California, we understand the importance of meeting project schedules and deliverable deadlines. Our key team members are qualified construction management and inspection staff that will provide needed reviews in an efficient, timely, cost-effective manner. The following table illustrates percentages of time our personnel, as identified in the organizational chart, will be assigned to the project. Team Members / Role % Available Ernesto Ferrer, PE, QSD Project Manager / Sr. Resident Engineer 75 Patrick R. Riddell, PE, QSD CPII, Principal -in -Charge 25 Michael Petrovich, PE Assistant Resident Engineer 75 Jameson Farr, CPII Inspector 100 Antonio Branic Inspector 100 Mossad Rizkalla Inspector 100 Derek Romer, EE Electrical Engineer 25 Nick Hopkins, PE, LEED AP Mechanical Engineer 25 Marshall Pihl, SE Structures / Bridges 25 Mike Kielborn, PE, LEED, AP Water / Wastewater 25 Marcia Bohac Office Engineer 50 Julianna Welch Landscape Design 50 Construction Management Services We have selected our key personnel for this on -call contract based on their extensive construction management and inspection experience. They each have significant experience working with public agencies during their tenure and have worked together on most of our projects. Cannon's construction management and inspection team is experienced in the Standard Specifications requirements for Public Works Construction (Greenbook) materials sampling and testing. Often, the timeliness of inspection and testing is critical to confirming each project remains on schedule. Our inspection staff are well versed in public works inspection methods and thoroughly trained in performing required testing and inspection procedures. We are committed to providing the City an efficient construction management and inspection process, and aim to avoid potential delays. Pre -Construction Activities • Construction Management Procedure Preparation • Constructability Review • Bid Preparation, Evaluation, and Administration • Bid Analysis • Contract Document Evaluation • Pre -Construction Conference • Project Budget Review/ Preparation • Baseline Schedule Analysis • Storm Water Pollution Prevention Plan (SWPPP) Review • Pre -Construction Submittal Reviews Contract Administration • Contract Management Plans • Contract Change Management • Construction Records and Procedures Progress Documentation • Weekly Progress Meetings • Look Ahead Schedule • Weekly Statement of Working Days • Photo and Video Documentation • Weekly/Monthly Progress Reports • Daily Construction Reports Quality Assurance • Construction Inspection • Special Inspection • Contract Compliance Monitoring • QA/QC Monitoring • Independent Assurance Coordination • Submittal Review • Request for Information (RFI) Processing • Construction Document Review Coordination and Compliance • Third Party Coordination • Utility Coordination • Environmental Compliance Assurance • Storm Water Pollution Prevention Plan (SWPPP) Monitoring and Reporting • Labor Compliance Programs • Federal Funding Requirements • Materials Expertise/Selection • Materials Inspections and Records • Compaction Records • Sampling and Testing Records • Hazardous Materials Management • Construction Waste Monitoring Surveying • Quantity Surveys • Horizontal and Vertical Control • Construction Staking and Layout • Grade Checking Cost Controls and Claims • Payment Request Review • Quantity Calculations • Materials on Hand Payments • Progress Payments • Contract Change Order Management • Extra Work/Adjustments of Compensation • Retention/Deductions/ Liquidated Damages • Claims Review and Negotiations Schedules • CPM Scheduling • CPM Baseline and Updates • Time Impact Analysis • Project Closeout • Final Payment • Final Inspection of Work • Punch Lists • Substantial Completion and Contract Acceptance • As -Built Record Drawings • Final Documents and Construction Records • Final Project Report(s) d. Understanding of Need The City is anticipating a variety of construction projects to commence soon, and is seeking a consultant that has demonstrated familiarity and experience with construction management and inspection. The City will evaluate consultants for their experience and ability to provide construction management for variously funded projects. We are aware that the City intends to contract with multiple consultants with the goal of obtaining services in a timely manner. Cannon is prepared to serve as an extension of the City's staff by providing the following services: • Constructability review • Oversight of construction surveying and material testing (testing services provided by others) • Pre -job coordination and administration activities • Construction partnering • Construction coordination • Construction inspection • Construction management and contract administration • Resident engineer / owner's representative • Construction engineering • Cost and schedule control • Change orders and claims • Project close-out 1 Tailored Project Approach Since no two projects are exactly alike, we believe that a tailored approach is necessary to meet the City's needs and budget, as well as the requirements of each project. The specific approach will depend on the nature of the project. 2 Forward Thinking Being able to proactively work with the contractor and anticipate project challenges before they impact the critical path schedule separates a "good" resident engineer from one that simply "observes and reacts." The right resident engineer for the City will have a thorough understanding of project phasing and design to confirm that items (such as existing utilities) are properly marked, and discrepancies identified before construction begins; underground work is completed in advance; and coordination with utility providers is established. 3 Information and Participation from City Staff Since each project is distinct, the specific information required from City staff will be determined at the onset of each project. In general, for each project, we will facilitate a kick-off meeting with City staff. At that time, specific information and/or participation of City staff will be further developed. 4 Communication Strategy As is true with most projects, communication is essential in successfully avoiding or resolving problems that may be encountered during the course of a project. Understanding our role in relation to those of the City's director of public works, design engineer, and contractor is paramount. On -site staff are responsible for keeping parties informed as to the progress of the project. We recommend clear and concise procedures for communications that will expedite and facilitate project work. Confirming that information is available to the construction team in the shortest possible time is essential. In collaboration with the City, Construction Manager/ Resident Engineer Mr. Ernie Ferrer, PE will establish procedures for recording and distributing correspondence, meeting minutes, reports, and other conversations to promote open channels of communication on a construction project. Standards for recording, maintaining, and distributing this correspondence will be established at the onset of the project. We recommend these standards be maintained throughout the course of the project. Cannon In line with communication is record keeping. The more complete the documentation, the more effective Mr. Ferrer will be in resolving problems. In addition, this information can be used to avoid claims if the evidence is sufficient and clear. Written correspondence and notes are of the highest importance. Communications with the contractor in meetings or over the telephone will be summarized in writing. We will coordinate with the City and project contractor for payment estimates, change orders, project meetings, submittals, RFI's, and as -built drawings. Mr. Ferrer is typically responsible for project coordination and communication with project stakeholders. He implements record keeping procedures and construction administration systems and is responsible for project management. He keeps the City and Assistant Construction Manager, Michael Petrovich, updated on a project's status to maintain proper quality control. Documentation Timely, detailed, and accurate documentation of the implementation and progress of the work is paramount. Done well, written documentation tells the "story" of the project and brings issues to the forefront for early and quick resolution. Weekly progress meetings, schedule reviews, processing of RFI's, submittals, and change orders help to facilitate open and complete communications throughout projects. 6 Interagency / Stakeholder Coordination Working closely with project stakeholders from beginning to end on City projects is very important. Stakeholders include City staff, the design team, local and regional government agencies involved with the project, residences and businesses, the local community, tourists, and patrons from surrounding communities. It is imperative that the resident engineer stay attuned to the impacts of the project on each of these stakeholders and be able to communicate effectively (verbally and in writing) in the event adjustments are necessary. 7 Public Inconvenience Construction activities are often scheduled to occur through the high tourist season and have potential to impact nearby businesses and residences. To reduce disruption on a project, our proposed resident engineer will be responsible for confirming that the project contractor provides a clean and safe project site, and provides effective communication with the nearby businesses, should the need arise, to discuss potential inconvenience during the duration of construction. 8 Local Assistance Procedures Compliance When handling a project using Federal Highway Safety Improvement Program (HSIP) funding, the provisions of Chapters 16 and 17 of the LAPM will be in strict compliance for the construction records, procedures, and documentation. As a matter of practice, Cannon implements a construction management system based on the Caltrans Construction Manual and Oversight Engineer Field Guidelines. 9 Funding Requirements State and Federally funded projects form a distinct subset of transportation projects that must comply with specific rules and laws (in addition to those of the California Public Contracts Code), and other regulations. In California, Caltrans has been given the authority to oversee the administration of projects that include State and Federal funding sources. 10 Traffic Control and Public Safety A key component to understanding most construction projects is having a solid foundation of knowledge in MUTCD and Caltrans requirements. Disruption to the flow of traffic must be reduced to avoid public discontent and complaints. We have recent experience with Caltrans highway projects involving signal and curb ramp replacements and understand the importance of these public safety requirements. In addition, we have worked with the Caltrans Lane Closure System and Caltrans Right -of - Way (ROW) and permitting staff, and we understand the methods and processes required should there be a need for lane closures within State highway ROW for City projects. 11 Construction Schedule and Budget A properly managed schedule is instrumental in maintaining project progress and establishing a common basis on which time and cost issues or disputes may be negotiated. To keep a project on schedule and budget, the City must select an experienced and proven management team. As implemented successfully on similar projects, we will implement a systematic process for keeping construction records, procedures, and materials sampling and testing in service at times for the duration of a project. Likewise, the firm selected should be well established in the community with a strong local presence and readily available resources to support the efforts required for City projects. Having worked with numerous local and regional public agencies, we clearly understand the need to work within available budgets while providing value on projects. We understand that the immediate and long-term value may not be represented by the lowest fee estimate. We have developed effective cost -saving strategies that have been successful for our private industry and public clients alike. Our initial project reviews include assessing optional approaches for cost saving strategies. A detailed understanding of a project allows for development of alternatives that may save costs while achieving goals. These strategies may include the following: • Invite experienced staff to review projects and identify key factors that helped increase efficient project delivery for similar projects in the past. • Provide research using Cannon's Project Database System to identify existing surveying and other site data for the project. • Provide Cost -Benefit Analysis and Value Engineering Reviews. • Review projects for possible alternative technologies or innovative approaches. Early, clear, and concise communication with impacted private property owners, utility providers, or Caltrans facilities on anticipated projects will pay dividends in delivering projects on time. At the onset of the project, we recommend making these types of determinations to reduce project schedule risks. Assigning team roles with the City, other consultants, and in-house staff to overcome these obstacles will be critical on each project. 12 ADA Compliance Compliance with the Americans with Disability Act (ADA) is critical to the successful completion of most street improvement projects. New concrete ramps, sidewalks, and islands will require grades and slopes to be verified to confirm minimum ADA requirements are being met. In addition, the location of new signal poles and signal features such as pedestrian push buttons (PPB) also fall under requirements of ADA for clearance, reach, and height requirements. We have successfully provided construction man-agement and inspection on transportation projects with these compliance requirements. 13 TecRecord Keeping - PROCORE Project documents, drawings, contract change orders, contractor submittals, shop drawing and correspondence will be maintained in electronic form and hard copy. Submittals, RFIs, and other documents will be maintained using PROCORE, a cloud -based project management software. We will maintain an "as current" basis, a record copy of contracts, drawings, specifications, addenda, and change orders. 1 Quality Assurance / Control Procedures 4We are prepared to provide our clients services for each phase of their project, from bid support through preconstruction preparations, construction, and project close-out. As the first order of work on a project, we develop a custom Construction Management Plan, developed for the type of work, the plans and specifications, and contractual requirements of the project (see sample in Figure 2). So that we can assign sufficient staff for your projects, this checklist will be used in collaboration with the City during scoping meetings to determine which specific tasks are needed for each project. Figure 2. Sample Construction Management Plan Checklist Construction Management Plan Checklist Design Phase: 1. Provide design staff with constructabllity reviews of draft plans and specifications during design ❑ phase. CM Responsibilities Prior to Construction: 1. Review project plans and contract documents ❑ 2. Review questions with City's project manager and project engineer/architect ❑ 3. Review pay quantities for awareness El4. Prepare and maintain Project Binder- to be tabbed as follows; ❑ e. Relevant Project Experience The City of Huntington Park (City) was awarded a grant from the Community Development Block Grant Program (CDBG) to upgrade and replace various components of the City's infrastructure system. Improvements included pedestrian safety and mobility enhancements, ADA-compliant pedestrian ramp upgrades, striping, and removal and replacement of existing water and sewer service laterals. Cannon provided construction management and inspection services and monitored compliance with Greenbook standards, public contracting code, and procurement requirements. Cannon provided construction management and inspection services for the demolition of an existing pump building with associated pumping equipment and piping; construction of a new pump building with a conference room, office, and restroom; installation of three new pumps and motors including suction header piping, discharge header piping, and other associated piping; electrical upgrades including a MCC, power distribution, and a diesel emergency back-up power system complete with an automatic transfer switch; instrumentation upgrades including a new SCADA panel; landscaping and irrigation improvements; and site improvements. Work also included coordination with the City of Whittier for obtaining the permits and connection of the on -site sewer to the City's sewer system. Cannon provided full-time on -site observation and inspection, daily reports, weekly progress meetings, agency coordination, as well as coordination of RFIs and submittals. Procore was used as the software for organizing the project files and communication. Fee: $ 25,078 / Year Completed: 2022 (projected) In order to re-classify Bastanchury Road as a Modified Primary Arterial, the City of Yorba Linda selected Cannnon to provide construction management and inspection services for the pre - construction phase. The overall project scope included modifying the vertical curve of the roadway to improve sight distance for motorists, elevating portions of the roadway centerline to 6-feet, constructing retaining walls to accommodate the raised elevation, and installing traffic signals at the intersection of Bastanchury Road/Casa Loma Avenue and Bastanchury Road/Eureka Avenue. The project also involved adding new bike lanes, a multi -purpose trail, and sidewalk/parkway improvements with new irrigation and landscaping. Our team coordinated utility relocations (specifically Southern California Edison (SCE) power poles), with SCE and other utilities prior to the Bastanchury Road widening. The City of Monterey Park enlisted the services of Cannon to provide construction management and inspection services to help accelerate the construction of the Monterey Pass Road transmission main project which included replacement of an existing 12-inch water transmission main and installation of two new transmission water mains parallel to one another in a single trenchline. The existing water transmission main provided water and fire service to residences and businesses. Due to the numerous breaks within the previous year, this was an emergency project and was being fast -tracked to mitigate the loss of water and manpower needed to make recurring repairs to the existing water transmission main. The project included approximately 4,800 linear feet (LF) of existing 12-inch pipelines with approximate-ly 4,800 LF of two new 12-inch water lines (both lines to be utilized as transmission lines and as distribution mains). Both new water lines provided water and fire service to the residences and businesses along The City of Gardena made improves to the existing roadway and associated infrastructure along Budlong Avenue and Halldale Avenue. The improvements included cold milling, ARHM overlays, various concrete improvements, traffic signal improvements, striping and raised pavement markings, and tree removal and planting. The City selected Cannon to provide construction management and inspection services. The project consisted of the installing approximately 780 tons of asphalt concrete (AC), 3,250 tons of asphalt rubberized hot mix (ARHM), 144,400 square feet (SF) of slurry seal, 215 linear feet (LF) of curb & gutter, 980 SF of sidewalk, 2,430 SF of concrete driveway, and 420 SF of alley approach. The project was completed in 75 working days. The Van Ness Avenue and 139th Street Improvements will improve pedestrian safety and traffic circulation for motorists, as well as improve drainage patterns. Cannon provided construction management and inspection services to assist in implementing the project. Improvements included replacing non- compliant ADA ramps; edge grinding; cold milling of the existing pavement with localized removal; replacing the existing asphalt/structural section of the highway; repaving; removal and replacement of curb, gutter, and sidewalk; removal and replacement of trees; resetting valve boxes, manhole frames, and covers; and modifying striping and signals. The project also requires extensive coordination of traffic control and close coordination with emergency services, local agencies, utility companies, and the public in this high traffic location. Currently the Contractor has completed each of the removals on the project, including the grinding of asphalt. The contractor has also completed the concrete work and is scheduled to start paving on Feb 17, 2022. This will be followed by installing signing, striping, traffic loops, and traffic signal modifications. Project limits extend along Van Ness Avenue from 135th street to Marine Avenue and along 139th Street from Van Ness Avenue to Western Avenue. f. References The following is a list of clients we've worked with in the recent past who can attest to our commitment to excellence, reliability, and responsiveness. Please feel free to contact them as you see fit. Gilbert Castillo Senior Engineer Public Works Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 W 714.647.5400 E gcastillo@santa-ana.org • Cannon is currently providing Construction Management and Inspection Services for Santa Ana Well 29 Improvements, presently in pre -construction phase. Cesar Roldan Public Works Director Public Works Department City of Huntington Park 6900 Bissell Street Huntington Park, CA 90255 2 323.584.6320 V�] croldan@hpca.gov • Construction Management and Inspection Services for CIP 2021-01 SB1 CDBG Street Reconstruction Project Frank Sanchez Senior Civil Engineer Public Works Department City of Gardena 1717 W. 162nd Street Gardena CA 90247 W 310.217.9568 E fsanchez@cityofgardena.org • Construction Management and Inspection Services for Budlong and Halldale Street Improvements. Scope of Services and Schedule Scope of Work The following scope of services demonstrates Cannon's approach to completing tasks that may be needed by the City. We look forward to working with the City to identify and develop a specific scope to meet project and scheduling needs: Phase 1 - Preconstruction Services Task 1.1 - Resident Engineer/Administrator A project manager (PM) will be assigned to the project and will represent the City throughout the project's life cycle. The PM will have over five years of experience and possess relevant certifications and credentials. All inspectors and administrators will have relevant construction management experience, certifications, and references that demonstrate their experience. Task 1.2 - Bid Analysis We will attend the pre -bid conference and the bid opening as part of the bidding process. The PM will assist the City and design engineer in evaluating and reviewing bid proposals, subcontractors, suppliers, and requests for substitute materials and equipment. We will examine, organize, and inventory bid documents (certificates of insurance, bonds, and "New Vendor Packet") submitted by all bidders and determine the lowest responsible bidder. Task 1.3 -Staff Reports After the lowest responsive bidder has been confirmed, we will prepare a staff report for the recommendation of contract award to the City. Additionally, if requested, we will coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines. Task 1.4 - Constructability Review The PM shall assist the City and design engineer in a review to determine the constructability of proposed project. We will give attention to potential construction schedules, activity sequences, and duration, while considering long lead time items. We will provide feedback to City and design engineer on likely construction timelines of proposed projects. Task 1.5 - Preconstruction Conference We will conduct a pre -construction conference and site tour with the City, involved agencies, utilities, and the contractor's team as they prepare to mobilize for the project. The RE and support staff will review plans and specifications with the contractor to facilitate the contractor's understanding of the project. In addition, we will do the following: • Review the contractor's construction schedule for the project, including equipment, labor, and supervision planning. • Review appropriate protocols and procedures detailed in the construction documentation. • Apprise the contractor of contract requirements regarding security matters such as fences, lighting, and posting of signs. • Prepare the meeting minutes for the pre - construction meeting. Task 1.6 - Preconstruction Documents Upon award of the contract, we will review the contractor's surety bonds, certificates of insurance, preliminary schedules, building permits, special permits, and other documents required prior to construction for general compliance with the contract documents and authorities with jurisdiction. We will provide the City with recommendations based on the findings of the preconstruction documents review. Task 1.7 - Community Outreach Assistance We will co -lead community outreach efforts with the City, coordinate with the City's community liaison, and incorporate community messaging into our day-to-day activities. We will wield our extensive experience working on highly visible projects to keep messaging clear, current, concise, and correct. Temporary message boards, traffic signs, and public notifications will be reviewed with the City's input and communicated with the contractor in advance, so the community stays well informed. Our team is well -versed in interacting with the public during construction. We will be the first line of contact in addressing community concerns and complaints with the attention that the citizens of Santa Ana deserve. Our goal is that safety and public convenience be addressed at each location. We will meet that goal through our systematic construction management program and effective communication in partnership with the City. Cannon Phase 2 - Construction Services TM-'. " Scheduling We will review the contractor's schedule to confirm the project is in accordance with the contract document requirements. We will complete the following tasks associated with confirming the overall schedule: • Review the contractor's schedule to determine that it is properly prepared, that the milestones dates meet the overall schedule, and that there are no major conflicts. • Review progress against the approved schedule to adequately record work -in -place, detect potential delays, and review the contractor's plan for implementation of remedial measures, when appropriate, to recover or maintain progress. • In conjunction with the City, negotiate schedule adjustments with the contractor, which may be required due to weather, change orders, or other impacts requiring schedule adjustments. Alternatively, if requested by the City, Cannon will develop a schedule that details the work phases to be completed, the task to be accomplished, the deliverables to be provided, and the schedule/ timeline to complete the project, based upon the requested Scope of Work details in Attachment 1 of this RFP. T--�� 2.2 - Progress Meetings We will conduct weekly progress meetings with the contractor and the City representatives. These meetings will include the following tasks: • Review progress and quality of work. • Review submittal and RFI logs. • Notify the attendees of construction deficiencies. • Discuss labor, material, and equipment related to • upcoming work. • Address team coordination matters. • Review maintenance of "as -built" drawings throughout construction. • Conduct each meeting according to a published agenda and prepare and promptly distribute meeting summaries. Meeting summaries will detail action items, the discussions that ensued, and announce the time and date of the next meeting. Task 2.3 - Special Meetings We will attend and conduct up to ten meetings with the project team and contractor to address special issues such as pre -submittals, mobilization of major subcontractors, change order negotiations, and startup. Task 2.4 - Project File Database We will provide a web -based, centralized document system using PROCORE. The development and implementation of the centralized document system will include the following: • Design of the centralized document system to support project file database. Procurement of the software and licenses for the system. We will administer the project database by establishing access and read/write permissions to the City, contractor, and design engineer. Documents to be tracked in the system include the following: • Project drawings • Project specifications • Drawings and specification addenda • Correspondence • Submittals/shop drawings • Requests for information (RFI) • Change orders and change order requests • Meeting agendas and meeting summaries • Daily reports • Daily Photos • Inspection reports • Testing reports • Project schedules • Progress payments • Permits • Warranties The centralized document system will be web - based The City will require the contractor to use the centralized document system for management and transfer of the project related documentation and correspondence. Task 2.5 Submittal Management Cannon will provide timely coordination with the City's designated design engineer for submittals of materials not supplied by the City, operations and maintenance manuals, and shop drawings. In addition, we will perform the following tasks associated with the management of project submittals: • Verify that the contractor's look -ahead schedules contain critical submittal dates. • Confirm that submittals are reviewed in accordance with the contract documents • Update submittal logs on a regular basis. • Ensure that shop drawings have been reviewed and returned before associated work has begun • Maintain a copy of completed submittals in the project records. After submittal review is complete, we will return the submittal to the contractor and forward a copy to the City for record. While most submittals will be transmitted to the design engineer for an official response, Cannon will also review submittals and provide feedback to the City/design engineer, as applicable, prior to returning to the contractor. We can review and provide an official response to submittals the design engineer would typically not review, such as stormwater pollution prevention plans (SWPPP), traffic control plans, contractor safety programs, and other work plans. Task 2.6 - Construction Observation We will implement observation guidelines for monitoring the quality of the contractor's work. We will conduct field observation and prepare documentation, in the form of daily reports, of construction tasks including but not limited to construction staging, utility coordination, mechanical and electrical equipment, instrumentation, vehicular and pedestrian access, drainage, NPDES requirements, concrete, grading, building construction, paving, lighting, and landscaping and irrigation. Should materials, installation processes, or levels of quality not comply with construction contract doc- uments, Cannon will first discuss with the City, then issue a non-conformance report notifying the con- tractor of deviation and inquire about the contractor's proposed corrective action. Copies will be for -warded to the City. The contractor has sole responsibility for compliance with safety requirements on the construction con- tract. Cannon's staff will monitor the contractor's general compliance with its safety program and advise the City of observed deficiencies. We will take the necessary steps to confirm the jobsite conditions are compliant with OSHA regulations. We will obtain and manage delivery slips for checking payment requests, maintain a photographic log of construction activities, and provide the City copies of significant photographs. We have assumed 75% of the time will be on -site observation during an assumed 12-month construction phase. Task 2.7 - Construction Surveys and Staking Coordination We will observe and review the contractor's surveys and staking, and coordinate with the contractor and licensed surveyor to quantify and confirm quantities of work provided by the contractor. Task 2.8 - Stormwater Pollution Prevention Plan We will review the Storm Water Pollution Prevention Plan (SWPPP) submitted by the contractor and will monitor and document the contractor's general conformance with the SWPPP. We assume that the City will file the SWPPP with the State Water Resources Control Board SMARTS System. Task 2.9 - Request for Information (RFI) We will maintain a log of contractor's Requests for Information (RFI), and will review, coordinate, and respond to RFIs. When appropriate, recommendations, suggestions and alternatives will be provided to the contractor and/or the City. Task 2.10 - Change Orders We will investigate proposed change orders submitted by the contractor or requested by the City. Change order submittals will include supporting records. Our investigation will include the impacts on the project schedule and budget and will include a recommendation for approval or disapproval. We will complete the following tasks associated with change orders: Assemble documentation to include, such as inspection reports, test reports, drawings, sketches, photographs, and other materials, as required. Prepare change order cost estimates conforming to the City's procedures and forms; assess the impacts of the proposed change on the contractor's schedule and operations; and prepare a written report summarizing the impact of the proposed change on cost, schedule, and contractor's obligations. • Confirm the contractor's price proposals are reasonable and accurate for construction quantities, rates and unit prices, and time and schedule. • Maintain a change order log to track change order proposals through the review and approval process. Task 2.11 - Claims Assistance We will coordinate with City consultant on claim matters. Claims submitted by the contractor must ad -here to the Public Contract Code Section 10240 and 20104. Documentation must be provided and re -viewed to support a claim. We will review claims and provide an evaluation to the City and coordinate the resolution of each claim with the project team. Task 2.12 - Progress Pay Estimates We will review the contractor's monthly progress payment requests, construction contract records, and reports for general compliance with contract documents. We will maintain an estimate of overall construction cost based on contractor's bid and earned value of completed work, and compile and forward recommendations for contractor payment to the City. Phase 3 - Specialty Services Task 3.1 - Materials Testing and Special Inspection If needed, a geotechnical subconsultant will provide materials testing and special inspections during construction. The materials testing and special inspections will be conducted in accordance with the City -approved frequencies and procedures, the construction contract plans and specifications, and applica-ble materials testing manuals. We will review the results of materials testing and quality inspections, and will recommend acceptance of work in general compliance with the contract documents or remedial ac-tions required to correct unacceptable portions of the contractor's work. Task 3.2 - Labor Compliance We will provide a labor compliance program to monitor the contractor's labor compliance, which includes the following: Pre -Job Conference: Conduct a pre - job conference with the contractor and subcontractors listed in the bid before commencing work. Labor compliance requirements will be discussed and copies of the suggested reporting forms furnished. Records of the conferences will be kept on file. Monthly Audit of contractor Certified Payroll: Review certified payrolls submitted by the contractor and subcontractors to confirm compliance with the requirements of prevailing wage. Monitor that apprenticeship requirements are being met. Monthly On -Site Interview: Conduct random on -site contractor employee interviews monthly, as required by the labor compliance program. • Violation Enforcement and Recommendations: Communicate potential violations to the City and provide recommended action. Annual Reporting to the Department of Industrial Relations (DIR): Compile and submit a summary report to the DIR. The report will be submitted annually during construction and at the conclusion of the project. Task 3.3 - City's Community Workforce Phase 4 - Post Construction Services Agreement We will confirm compliance with the City's Community Workforce Agreement (CWA) forms and requirements. We will provide verification of compliance with monthly progress payments. We will also provide an outline of responsibilities to the contractor to assist them in achieving the CWA goal. Task 3.4 - Start-up and Commissioning Coordination We will serve as the start-up and commissioning liaison coordinating with the contractor to develop and implement a start-up and commissioning plan. We will observe, monitor, and accept the operational testing of various components, and will perform the following tasks: Coordinate contractors' start-up and commissioning activities and compare to contract document requirements, operations plan, and acceptance plan, and advise the City of non- conformance is -sues. • Coordinate with the City staff, contractor(s), systems integrator, and construction management team start-up specialists. • Review the contractor's operational testing plan and acceptance plan, and advise the City as to sta-tus of the scheduled tasks. Coordinate up to six contractor/client meetings to review start-up status. Task 3.5 - State and Federal Requirements We prepare Caltrans documentation, including award package, interim reports, and final report (close out) to be reviewed by the City. We will coordinate with the City to confirm the Disadvantaged Business Enterprises (DBE) goal is met by contractors and document changes throughout the length of the project. We will confirm compliance with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) authorized by the American Rescue Plan Act (ARPA). We have reviewed ARPA requirements for construction and will confirm compliance with regulations set forth by these funds. Task 4.1 7inal Inspection and Punch List We will evaluate the substantially complete facilities to confirm general compliance and/or identify discrepancies and deficiencies in the work completed by the contractor. We will compile a punch list, transmit to the contractor, and monitor completion of the punch list items. We will report to the City upon the completion of the project, and make recommendations regarding project acceptance, retention of funds, and final payment to the contractor. Task 4.2 - Project Close-out We will coordinate project close-out negotiations with the City and contractor. We will provide recommendations to the City addressing payment, lien releases, and final change orders. Task 4.3 - Final Report We will prepare and submit a final construction report, including the following: Operations manuals for equipment furnished by the contractor • Testing records Task 4.4 - Processing of Record Drawings We will maintain a hard copy file of the construction drawings at the on -site office for the purpose of documenting field changes, as -built conditions, and approved changes. We will provide the City with monthly as -built updates as part of progress payment packages. After receiving the contractor's mark- ups of changes and as -built conditions, we will transmit the final as-builts to the design engineer for processing of record drawings. Task 4.5 - Warranty Period Review We will visit the project with the City and engineer prior to the end of the one-year warranty period to observe any apparent defects and make recommendations for required replacements or corrections. Example Schedule City of Lompoc Proposal forCor_ction Mangement & Inspection Services Lompoc Landfill Drainage Improvements PRELIM INARY CONSTRUCTION SCHEDULE ID Task Name Duration tart Finish Predecesmrs Cos[ Feb Mar Ann May Jun Jul AUR Sep Oc[ 1 Lompoc Landfill Drainage Improvements, City Project No. 155 days Mon 3/20/23 Fri 10/20/23 $5,202,954.00 FY-20-LF-1 jRFP-20.LF-lb) 2 ***City Executes Construction Management Contract*** 0days Mon 3/20/23 Mon 3/20/23 $0.00 31M 3 Pre -Construction Services 20 days Mon 3/20/23 Fri4/14/23 $0.00 4 Submittal Preparation 10 days Mon 3/20/23 Fri 3/31/23 2 $0.00 5 Submittal Re view Construction 30 days 125 days Mon 4/3/23 Fri 4/14/23 4 Mon 4/17/23 Fri 10/6/23 $0.00 $5,202,954.00 6 7 *•*City Issues Notice To Proceed`*" 1-Mobilization/Demobilization 0days 3days Mon 4/17/23 Mon 4/17/235 Mon 4/17/23 Wed 4/19/23 7 $0.00 $500,000.00 4117 8 9 2- Layout of Work Surveys 3- Clearing, Grubbing, and Stripping Iday 2days Thu 4/20/23 Thu 4/20/23 8 Fri 4/21/23 Mon 4/24/23 9 $30,000.00 $I8,D00.00 10 11 4-Excavation 2days Thu 5/25/23 Fri 5/26/23 39 $52,800.00 12 5-Earthfi11 6days Mon 5/29/23 Mon 6/5/23 11 $528,000.00 13 6-24-Inch HOPE Downdreins 7-I8-Inch CPE 2days Iday Tue 6/6/23 Wed 6/7/23 12 Thu 6/8/23 Thu 6/8/23 13 $40,940.00 $10,140.00 14 15 8-24-Inch CPE Iday Fri 6/9/23 Fri 6/9/23 14 $11,960.00 16 9-36-Inch CPE 8days Mon 6/12/23 Wed 6/21/2315 $199,800.00 17 10-48-Inch CPE 11-60-Inch CPE 5days 4days Thu 6/22/23 Wed 6/28/2316 Thu 6/29/23 Tue 7/4/23 17 $168,960.00 $174,800.00 '.. 18 19 12-48-Inch CMP Iday Tue 4/25/23 Tue 4/25/23 10 $22,400.00 20 13-72-Inch Diameter CMP Vertical Standpipe 14-Type l Crimp Inlet Iday Iday Wed 4/26/23 Wed 4/26/23 19 Wed 7/5/23 Wed 7/5/23 18 $3,800.00 $21,000.00 21 22 I5-Type 2 Drop Inlet 16-CPE Flare Inlet 2days Iday Thu 7/6/23 Fri 7/7/23 21 Mon 7/10/23 Mon 7/10/2322 $27,600.00 $5,400.00 23 24 17-Manhole 18- Concrete Lined 1'V-Ditch Channel Iday 3days Tue 7/11/23 Tue 7/11/23 23 Wed 7/12/23 Fri 7/14/23 24 $24,000.00 $44,850.00 25 26 19-Concrete Lined l.5'V-Ditch Channel 14 days Mon 7/17/23 Thu 8/3/23 25 $402,300.00 27 20- Concrete Lined 2'V-Ditch Channel 12 days Fri 8/4/23 Mon 8/21/2326 $453,750.00 28 21- Concrete Lined Trapezoidal Channel 11 days Tue 8/22/23 Tue 9/5/23 27 $486,000.00 29 22-RPP Lined V-Ditch Channel 5days Wed 9/6/23 Tue 9/12/23 28 $194,000.00 30 23- RPP Lined Trapezoidal Channel Iday Wed 9/13/23 Wed 9/13/2329 $55,D00DO '.. 31 24- Erosion Control Mat Lined V-Ditch Channel 3days Thu 9/14/23 Mon 9/18/2330 $149,600.00 32 25- Erosion Control Mat Lined TrapezoidalChannel Iday Tue 9/19/23 Tue 9/19/23 31 $55,650.00 33 26- Low Flow WaterCrossing Iday Thu 9/28/23 Thu 9/28/23 34 $29,520.Do 34 27- Type 2 Drop Inlet Splash Wall Structures 28- Basin Outlet Pipe Structure (Splash Wall) 6days 2days Wed 9/20/23 Wed 9/27/2332 Thu 4/27/23 Fri 4/28/23 20 $21,600.00 $28,DDO.00 35 36 29-Sediment and Erosion Control DuringConstruction 125 days Mon 4/17/23 Fri 10/6/23 7 $48,D00.00 37 30- Paved Road Crossing 31-Hydroseeding 2days 2days Fri 9/29/23 Mon 10/2/2333 Thu 10/5/23 Fri 10/6/23 45 $27,170.00 $28,D00.00 It 38 39 32- Landfill Gas Header Relocation 3days Mon 5/22/23 Wed 5/24/2350 $16,500.00 '.. m 33- Fair Cloth Skimmer Iday Mon 5/1/23 Mon 5/1/23 35 $22,Do0.00 '.. 41 34-Retaining Wall 4days Tue 5/2/23 Fri 5/5/23 40 $351,000.00 42 35- Existing Fence Removal Iday Mon 5/8/23 Mon 5/8/23 41 $1,920.D0 43 36- Fence Installation Iday Tue 5/I6/23 ITue 5/16/23 47 $7,2DO.00 44 37-4-Inch Thick Shotcrete Iday Tue 5/9/23 Tue 5/9/23 42 $78,650.00 45 38-Asphalt Paving 2days Tue 10/3/23 Wed 10/4/2337 $204,600.00 46 39-8-Inch Thick Reinforced Concrete 3days Wed 5/10/23 Fri 5/12/23 44 $303,240.00 47 40- Geogrid Slope Reinforcement Iday Mon 5/I5/23 Mon 5/15/2346 $70,980.00 48 41- Fire Hydrant and Water Supply Relocation Iday Tue 5/16/23 Tue 5/16/23 47 $18,DOO.00 09 42-Well Decommissioning Iday Wed 5/17/23 Wed 5/17/2348 $32,D00.00 50 43- Power Pole Relocation 2days Thu 5/18/23 Fri 5/19/23 49 $22,000.00 51 44- Concrete Block Outfall Structure at Olive Avenue 5days Fri 9/29/23 Thu 10/5/23 33 $40,DOO.00 52 45- Storm Drain Repair Fill 10 days Thu 4/20/23 Wed 5/3/23 8 $181,824.00 10/6 53 *'*Construction Complete*** 0days Fri 10/6/23 Fri 10/6/23 38,36,51,52 $0.00 Post-Construcfion Services 10 days Mon 10/9/23 Fri 10/20/23 153 $0.00 54 Page 1 Appendix WwirlorL 71 Page intentionally left blank Certifications A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of S ) cua ,"'Po Subscribed and sworn to (or affirmed) fore me on this day of ( , 20,�Y, by 1( r'GV e- proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. �" °` r R. GRIECO W Notary Public . California San Luis Obispo County _S ° Commission k 2361794 `'���°�"�� My Comm. Expires Jul 13, 1025 (Seal) Signature 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 infonnation 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 Oou_nty of Subscribed and sworn to (or to me on the basis before me. me on this day of , 20_, by to be the person(s) who appeared Notary Public Signature Notary Public Seal City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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 Sign( Title Director Public Infrastructure Division / Secretary Date Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. 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: Director Public Infrastructure Division / Secretary Firm: Cannon Corporation Date: August 7, 2023 e I *i eA le slue tioris A" - Cannon 16842 Von Karman Ave., Suite 150 Irvine, CA 92606 949.753.8111 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable Cannon 2023 - 2024 Fee Schedule Assistant Resident Engineer $ 140 $ 184 Associate Engineer $ 157 $ 215 Associate Land Surveyor $ 185 $ 223 Associate Landscape Architect $ 158 $ 192 Automation Specialist $ 147 $ 180 Automation Technician $ 113 $ 142 CAD Tech $ 101 - $ 128 CAD Manager $ 120 $ 149 Construction Inspector I - III $ 111 - $ 169 Design Engineer $ 130 $ 173 Director/ Department Manager $ 187 $ 279 Engineer Tech $ 108 $ 136 Engineering Assistant I - II $ 92 - $ 131 Grant Funding Manager I - II $ 141 - $ 192 I&E Services Coordinator $ 103 $ 131 Information Systems Admin/Manager $ 120 $ 149 Land Surveyor $ 174 $ 211 Landscape Architect $ 118 $ 147 Landscape Designer I-11 $ 103 $ 142 Lead Automation Specialist $ 162 - $ 197 Lead Automation Technician $ 127 $ 158 Lead Designer $ 130 $ 164 Office Engineer/ Document Control 1-III $ 107 $ 155 Plan Check Engineer I -11 $ 123 $ 180 Planner I - III $ 113 $ 158 Planning Assistant $ 92 - $ 131 Principal Automation Specialist $ 176 $ 213 Principal Designer $ 120 $ 178 Principal Engineer $ 185 $ 259 Other Direct Charges Black Line Plots $2.00 per page Outside Reproduction Cost+ 15% Automation & Electrical Materials Cost+ 25% (+tax) Subconsultant Fees Cost+ 10% Technology Fee $30/Day Color Plots $5.00 per page Travel and Related Subsistence Cost+ 15% Standard Mileage Rate IRS Rate per mile Airplane Mileage Rate GSA Rate per mile Bill Rate Ranges Subject to change Project Designer $ 114 $ 158 Project Engineer $ 141 - $ 188 Resident Engineer $ 179 $ 216 Sr. Associate Architect $ 195 $ 234 Sr. Associate Engineer $ 173 $ 234 Sr. Automation Specialist $ 172 - $ 208 Sr. Automation Technician $ 137 $ 169 Sr. CAD Tech $ 109 $ 137 Sr. Consultant / Principal -in -Charge $ 249 $ 312 Sr. Land Surveyor $ 203 $ 243 Sr. Landscape Architect $ 172 - $ 208 Sr. Plan Check Engineer $ 169 $ 204 Sr. Principal Designer $ 130 $ 199 Sr. Principal Engineer $ 196 $ 281 Sr. Project Designer $ 114 $ 171 Sr. Project Engineer $ 147 $ 202 Sr. Resident Engineer $ 192 - $ 231 Survey Assistant $ 103 $ 131 Survey TechnicianI -V $ 120 $ 198 Technical Writer I - IV $ 92 - $ 131 Survey Crew Rates - Regular One -Man Field $ 210 Two -Man Field $ 285 Three -Man Field $ 370 Two -Man - HDS $ 325 Survey Crew Rates - Prevailing Wage One -Man Field $ 245 Two -Man Field $ 345 Three -Man Field $ 485 Electrical - Prevailing Wage Electrician $ 200 Building and Construction Inspector - Prevailing Wage BCI Construction Inspector $ 155 $ 170 Forensics Engineering /Expert Testimony Fee Schedule Available Upon Request. Expenses, such as special equipment, shipping costs, travel other than by automobile, parking expenses, and permit fees will be billed at the actual cost plus 15%. If the client requests, or the client's schedule requires work to be done on an overtime basis, a multiplier of 1.5 will be applied to the stated rates for weekdays for daily hours in excess of 8 as well as weekends and a multiplier of 2.0 for daily hours in excess of 12 and holidays. If the client requests field services to be provided outside of normal working hours, a multiplier of 1.5 will be applied to the stated rates. For prevailing wage projects, if the client requests field services to be provided on any given Sunday, a multiplier of 2.0 will be applied to the stated rates; on or around an observed holiday, other rates may be applied. Survey Crews and Automation Field staff are billed portal to portal. A minimum charge of 4 hours will be charged for any Automation Field Service calls outside of normal working hours. The stated rates are subject to change, typically on an annual basis. (effective 811512023) EXHIBIT 6 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND WILLDAN ENGINEERING TO PROVIDE ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 3rd day of October, 2023 by and between Willdan Engineering ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 18, 2023 the City issued Request for Proposal ("RFP") No. 23-122 by which it desired to retain a consultant having special skill and knowledge in the field of construction management and inspection services on an on -call basis for the City's Public Works Agency. Said services are required to augment City staff efforts to complete delivery of capital improvement projects involving public works infrastructure and City facilities. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-122. 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 SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-122, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to frilly and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-122. The total compensation for services provided by all consultants selected under RFP 23-122 shall Page 1 of 10 not exceed the shared aggregate amount of $3,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on October 3, 2023 and end on October 2, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, 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 -employee 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. Page 2 of 10 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. (iii)Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. Page 3of10 (iv)Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Page 4 of 10 (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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 Page 5 of 10 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; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by City. Page 6 of 10 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 specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 consultant and/or contractors 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 Page 7 of 10 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. 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: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 8 of 10 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: Vanessa Munoz President and Director of Engineering Willdan Engineering 2401 East Katella Avenue, Suite 300 Anaheim, CA 928006-5909 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. 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 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. [signatures contained on following page] Page 9 of 10 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND WILLDAN ENGINEERING TO PROVIDE ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ZNATHAN T. MART EZ Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: By: Vanessa Munoz Title: P� Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO.23-122 INTRODUCTION/PROJECT DESCRIPTION The City of Santa Ana intends to retain Construction Management firm on an as -needed or "On -Call" basis. A Professional Services Agreement will be entered into with multiple qualified firms to provide construction management services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may later be asked to provide construction management proposals on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. The firm shall provide general Construction Management services to support the construction efforts and serve as an extension of City staff to assist in the overall delivery of this project, including pre -construction tasks, managing construction and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Construction Manager or his authorized representative. City staff may assist in managing construction and will oversee the work of the Project Manager, Inspector, and Contract Administrator. Firms must provide construction management services and contractor administration in conformance with the requirements set forth in the State's Construction Manual, State's Local Assistance Programs and Procedures Manual, OCFCD encroachment permit/requirements, and other Agencies regulatory permits/requirements. The construction manager is expected implement contract requirements and comply with all Federal and local guidelines in order to execute successfully the project in a timely and cost efficient manner. City of Santa Ana RFP 23-122 Page Al-1 The majority of capital improvement and construction projects within the city includes, but is not limited to, the following: • Street rehabilitation • Sewer improvements • Storm Drain improvements • Bridge construction • New building construction • Water service and pipelines • Pump and motor improvements • Irrigation and landscaping • Site Improvements; concrete sidewalk, etc. • System controls and instrumentation • Streets and park lighting • Parks and Recreation facility improvements • Mechanical system • Electrical system • Traffic Signal Improvements Scope of Services The required services by the Project Manager, the Inspector and the Contract Administrator may include the following: RESIDENT ENGINEER / ADMINISTRATOR a. The PM shall represent the City Construction Manager in the field. The CM shall possess a minimum of (5) years' experience in construction management. b. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications or references that affirm the experience. 2. BID ANALYSIS a. Prior to the start of the project, the PM shall be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all sub -contractors have a valid City Business License. 3. STAFF REPORTS a. Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines. City of Santa Ana RFP 23-122 Page Al-2 4. GENERAL CONSTRUCTION ADMINISTRATION a. Coordinate with the City to define the roles and responsibilities during construction and develop a construction management plan. b. Co -lead pre -construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes. c. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements. d. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as- built records. e. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise. £ Manage the Construction Management Software PROCORE, coordinating with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team. g. Shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project. 5. SUBMITTAL/RFI REVIEW & PROCESSING a. The PM shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals"). Shall transmit the Submittals to City staffing for review and approval, and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals. b. PM shall develop, maintain, and manage all submittal/RFI logs. c. Determine the workflow on PROCORE for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team. 6. CONSTRUCTABILITY REVIEW a. Shall review project plans and specifications to determine its "constructability". Shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. Update the project schedule as required showing current conditions and revisions required by actual progress. City of Santa Ana RFP 23-122 Page Al-3 b. The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts. 7. CHANGE ORDER REVIEW a. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component. 8. SAFETY a. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations. 9. PROGRESS PAYMENTS a. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. b. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment. c. Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review. 10. INSPECTIONS a. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. b. Facilitate and coordinate inspection by representatives of other agencies. c. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections. d. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants. e. Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions. City of Santa Ana RFP 23-122 Page Al-4 11. CLAIMS a. Claims submitted by the contractor must adhere to the Public Contract Code Section 10240 and 20104. b. PM shall coordinate with City consultant on claim matters. c. Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim. Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions. 12. PREVAILING WAGE / LABOR COMPLIANCE a. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. b. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments. c. Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis. 13. CWA COMPLIANCE a. Shall monitor and enforce the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments. b. Outline responsibilities within the agreement and assist contractors in achieving the CWA goal. 14. PROJECT CLOSEOUT a. The PM shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue. b. Shall provide a close out report outlining any obstacles, violations, services performed, and final percentages achieved by the workforce as part of the CWA. c. Shall provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance. 15. COMMUNITY OUTREACH a. Attend and co -lead a pre -construction meeting with the community. Primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts. b. PM shall coordinate with the city's community liaison and communicate with the community regarding impacts related to the construction project. City of Santa Ana RFP 23-122 Page Al-5 16. FEDERAL REQUIREMENTS a. Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City. b. Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project. c. Compliance with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) authorized by the American Rescue Plan Act (ARPA). Review ARPA requirements for construction and enforce any regulations set forth by these funds. All tasks listed above shall be required on an as -needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project. Payment and Invoicing: Selected Construction Management Firm shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. A 10% retention will be held on every invoice through the project. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Consultant Responsibilities: Consultant shall provide all required insurance as outlines in Attachment 3 of this RFP. City of Santa Ana RFP 23-122 Page Al-6 EXHIBIT B CONSULTANT'S PROPOSAL wow CITY OF SANTA ANA Proposal On -Call Construction Management and Inspection Services P F P. No 23-122 August 8, 2023 W W I LLDAN 1. Statement of Qualifications A. Cover Letter August 8, 2023 City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Subject: Statement of Qualifications for On -Call Construction Management and Inspection Services RFP No. 23-122 The City of Santa Ana is seeking qualified firms to provide general Construction Management Services on an as -needed or on -call basis. Willdan Engineering (Willdan) has the resources, staff, and experience to meet the City's needs. In addition to its team of resident engineers, construction managers, and construction inspectors based in Orange County. Willdan has assembled a team who are committed to providing top-quality services to the City of Santa Ana. We believe that we are highly qualified to undertake this assignment because of strong project management, experienced team, and our working knowledge of the City's policies and procedures. As a municipal consulting firm, we are aware of the City's needs and desires in undertaking a project of this type. Willdan's personnel are experienced in working as an integral part of agency staff and, therefore, are familiar with county standards, guidelines, and procedures. This knowledge and experience will allow Willdan to be most responsive to your requirements. As a multidisciplinary firm, we have a full complement of resources under one roof to provide thorough and accurate design and project management. Our firm's strengths include the following: Local Knowledge. Our proposed team members are highly familiar with the City's policies and procedures, Procore, funding sources, and state and federal guidelines and standards. This knowledge and experience enable us to quickly initiate projects and respond appropriately to City staff input and/or concerns. Willdan is providing construction management services in the nearby cities such as Tustin, Laguna Niguel, Newport Beach, Anaheim, Chino and Pomona. Highly skilled Contract Manager. Mr. Michael Bustos, ENV SP offers over 22 years of construction management and public works experience. Mr. Bustos is the current Project Manager for Willdan's City of Santa Ana On -Call contract. Staffing Resources. Our bench of licensed and technical experts consists of specialists in construction management, construction observation, water resources, highway and roadway engineering, drainage and flood control, structural engineering, traffic and transportation engineering, geotechnical engineering and materials testing/inspection, municipal engineering, landscape architecture, environmental planning, building safety, urban and regional planning, and other technical fields. The breadth and diversity of the firm's expertise means our construction management experts can draw upon the considerable experience of the firm — maximizing efficiency, productivity, and quality in meeting project schedules and budgets. Turnkey Service. Willdan offers the City of Santa Ana a construction management staff experienced in a broad range of capital improvement projects, including roadway rehabilitation, streetscape, safe routes to school, traffic signalization, and wet utility (storm drain and sanitary sewer) modification, rehabilitation, replacement, and new installation improvements. 714.940.6300 1 800.424.9144 1 fax: 714.940.4920 1 2401 East Katella Avenue, Suite 300, Anaheim, California 92806-5909 1 www.willdan.com For this proposal, the contact person who will be authorized to make representations for the Willdan team is Mr. Michael Bustos, Deputy Director of Construction Management and Inspection Services at the following address: Willdan Engineering 2401 East Katella Avenue, Suite 300, Anaheim, CA 92806 Phone: (805) 279-6870 email: mbustos@willdan.com Respectfully submitted, WILLDAN ENGINEERING Vanessa Munoz, PE, TE President and Director of Engineering v✓ On -Call Construction Management and Inspection Services B. Contract Agreement Statement Willdan has read and understands the contract set forth by the City in Attachment 2, with the following exception concerning Section 8 "Imdemnification". 8. Imdemnification 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 soloGted by the G,+,,, 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. C. Firm and Team Experience Willdan Engineering (Willdan), a California corporation since May 1964, is a subsidiary of Willdan Group, Inc., a publicly traded Delaware corporation. Services are provided to nationwide clientele through three subsidiary firms — Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services — that offer a portfolio of diversified strengths. Willdan infuses a corporate culture of Customer -First throughout our entire staffing resources and all services provided to our clients. Looking out for our clients' best interests is at the forefront of everything we do. Our services and in-house support disciplines encompass urban and regional planning; traffic, civil, structural, geotechnical, right-of-way, city, and special district engineering; program/construction management and inspection; plan, study, and report review; building safety; drainage and flood control; mapping; and other complementary services such as GIS, utility coordination and relocation, and landscape architecture. With this depth of experience, expertise, knowledge, and resources, Willdan offers comprehensive solutions that are timely, cost effective, and tailored to meet the needs of individual communities. Our understanding of public agency challenges and needs is what makes Willdan unique. On -Call Construction WK Management and Inspection Services 2 Financial Strength Willdan maintains a strong balance sheet with the financial and staffing resources to perform and complete all contractual obligations. We have continued to grow to better serve our clients by offering a continuously expanding range of municipal services. Willdan operates out of 51 offices located throughout the United States — including our four southern California office locations (Anaheim, Industry, San Bernardino, and Ventura) and over 1,500 employees. Financial information, including information on revenue, earnings, and cash flow, are issued quarterly and can be found at www.willdan.com. There are no pending conditions such as bankruptcy pending IN BUSINESS FOR 59Years REVENVE OF © $429 Million f�0�?) litigation, planned office closure, impending merger, etc., that would impede Willdan's ability to complete the City's contract for Construction Management and Inspection Services. Corporate Mission and Philosophy From Day 1, Willdan has maintained a business strategy focused on providing services to only public agencies. Today, 98 percent of our business is with public agencies. This strategy prevents potential conflicts of interest with private enterprises conducting business with our public agency clients or within their jurisdiction. Unique to Willdan is our understanding of public agency needs and issues. Willdan's professionals often serve to extend our clients' staff in the capacity of city and traffic engineers, planning directors, building officials, and other public agency positions. Additionally, many provide the added value of having served in public agency management positions prior to joining Willdan. To meet and, on many occasions, exceed the expectations of our clients, Willdan fosters and instills a corporate culture of Customer -First among our staff and in our day-to-day work environment. Looking out for the City's best interests is at the forefront of everything we do. Our customer -focused philosophy is particularly evident when dealing with complex situations and difficult challenges that are hard to resolve. City of Santa Ana Experience Over the last three years, Willdan has staffed the City with temporary contract staff, including three full-time inspectors, a full time construction manager, seven technical aides/office engineers, and two administrative assistants. Additionally, Willdan has provided with project - specific services, including constructability review for Well 32 Rehabilitation, structural design and evaluation at the Santa Ana Zoo, and labor compliance services for the Saint Gertrude and Grand Avenue Water Main Project. We have also recently been awarded two separate City contracts for on call general engineering services. On -Call Construction Management and Inspection Services Proposed Key Staff Willdan offers the City of Santa Ana a highly qualified team of professionals with the technical qualifications and diverse capabilities necessary to undertake construction management and inspection services for the City. Willdan understands that key personnel assigned on projects shall not be reassigned without prior written approval from the City. Mr. Michael Bustos, PE, ENV SP Deputy Director of Construction Management and Inspection 22 Years' Experience Project Role: Project Manager Mr. Chris Baca, RCI Director of Construction Management and Inspection 40 Years' Experience Project Role: Deputy Project Manager • BS, Civil Engineering, California Polytechnic State University, San Luis Obispo Caltrans Resident Engineer Academy Civil Engineer, California No. 73173 Envision Sustainability Professional, Institute for Sustainable Infrastructure No. 2696 BS, Public Administration, California State University, Fullerton ■ Public Works Inspection, California State University, Los Angeles Extension ■ California, Division IV, Public Works, RCI No. 4161 ■ California, Division I, Engineering, RCI No. 5161 Mr. Saul Martinez Engineer -in -Training, CA No. 112670 Construction Manager Qualified SWPPP Practitioner (QSP) 25 Years' Experience Certified Erosion, Sediment, & Stormwater Inspector (CESSWI) Nuclear Density Gauge certified Caltrans Resident Engineer Project Role: Construction Manager Academy Mr. Brent Jablonowski Construction Technologies/Inspection, Ventura County Construction Inspector Community Colleges 20 Years' Experience Certified Master of Special Inspections ■ ACI Field Grade 1 Technician Project Role: Construction Inspector Uniform Building Code (UBC) Building Inspector Mr. John Dela Cruz Construction Inspector 42 Years' Experience ■ Title 24 Masonry special inspector ■ Division of the State Architect (DSA) Special Inspector ■ Certified Erosion, Sediment and Storm Water Inspector (CESSWI), #4694 ■ Qualified Storm Water Practitioner (QSP), #25924 ■ AHERA Building Inspector #02121 Project Role: Construction Inspector EPA/AHERA Mr. Mario Cisneros BS, Civil Engineering, California State University, Northridge Assistant Construction Manager Caltrans Resident Engineer Academy 8 Years' Experience Traffic Control for Safer Work Zones Certification Project Role: Office Engineer Ms. Jane Freij Labor Compliance Manager 30 Years' Experience Project Role: Labor Compliance Manager Ms. Lani Alfonso, PE Principal Project Manager 20 Years' Experience Project Role: Grant Funding Administrator BA, Linguistics, University of Kansas Attorney Assistant Training Program, Litigation/ Corporations, University of California, Los Angeles BS, Civil Engineering Civil Engineer, California, No. 56397 On -Call Construction Management and Inspection Services 4 The organization chart below identifies the project roles for our team and illustrates the communication and reporting relationships among the team. Any changes in identified key personnel after the award of the agreement will be approved by the City in writing before the change is made. Willdan's proposed team is available to begin work as soon as possible after the selected firm receives the notice to proceed. Sail 'aar'. "lax Brent Jahlonowski Simor 1Er qd­ P=1ar e la: Ra Ira: 'isr�-�_ _ Vll 3rl_s ,,as :::r F.o% Sha '- I Eo c cl C=c Jc"r Q:•.:E RrE e,t 'del.. Mohanl11a S=1 a=_ h'-S,aP=ar JE—':I c E,_I' FaiEi' P i_rarn RE,E +=;ala F.° Gl ae El -- Proposed Key Staff Resumes Michael BuAr PE, ENV SP Jane Fre ij lec F.-:, . Amantla Perez Ills: 'e •Er: , ':IikE a r: s-1.1 _ • ��_ Otis CPcI': I-r r Amy Rcd' Mario Csneros (Cris Galvei Ala n Zhang fanrry Mai la ni Aft nso Resumes for our proposed key staff are located in the attached Appendix. For any questions or clarifications, please contact our Project Manager, Michael Bustos at mbustos(a)willdan.com or phone (805) 279-6870. D. Understanding of Need/Schedule of Delivery Willdan understands that the City of Santa Ana may seek assistance on numerous types of projects under this on call construction management contract, such as street rehabilitation, sewer improvements, storm drain improvements, bridge construction, new building construction, water service and pipelines, pump and motor improvements, irrigation and landscaping, site improvements, system controls and instrumentation, streets and park lighting, parks and recreation facility improvements, mechanical systems, electrical systems, and traffic signal improvements. v✓ On -Call Construction Management and Inspection Services 5 Construction management services will include constructability reviews, bid analysis, staff reports, On -Call Experience Key Advantages general contract administration submittal and RFI Willdan's history of working with on -call review and processing, constructability reviews, contracts has well prepared our staff to respond to all requests for services in a change order review, safety monitoring, progress positive, efficient manner payment review and processing, inspection, claims Delivers the combination of experienced, review and analysis, labor compliance, community hands-on skills and perspective that ensures workforce agreement compliance, project closeout, the City receives high -quality service at community outreach, and federal funding reasonable and competitive cost administration. Inspection efforts shall effectively and Assures that, in selecting Willdan, clients efficiently ensure that all work complies with the benefit from the expertise, experience, and approved construction documents and applicable professionalism needed to be successful in delivering high -quality projects and services codes and regulations (i.e. Caltrans, APWA, AWWA, on time and within budget City of Santa Ana, and County of Orange). Through Willdan's long history of providing these identical services to cities and counties throughout California, we have ascertained that success working under this type of on -call contract is dependent upon understanding a variety of elements such as: • Short project durations and minimal lead times for assignments may be required • Flexibility in service assignments, understanding work to date, and coordinating completion of project tasks already started by agency staff is crucial • Staff availability to work assignments as they develop is critical to moving projects forward • Efficient use of resources is important for project assignments that are relatively small • Consistent, organized project management is vital due to the potentially large numbers of projects that may be in process • Regular attention to quality assurance and control is particularly important as short-term projects may limit the number of interim review steps often associated with a project -specific contract At any given time, Willdan has over 200 on -call contracts where project assignments are issued by the public agency on an as -needed basis. The project scopes, schedules, and costs are negotiated and agreed upon prior to project award. Every month, Willdan reports the progress performance of each project. The scope of services requested vary from project to project and can include any combination of constructability reviews, bidding assistance, construction management, construction inspection, labor compliance, materials testing, utility and outside agency coordination, and project closeout. Project Management Goals Willdan has had two primary objectives since our inception in 1964: • Ensuring the success of our clients • Enhancing their communities Working steadily toward these goals we gained a notable reputation for project understanding, technical excellence, cost effectiveness, and client responsiveness. It is these attributes that our construction management and inspection team bring to each project. To these primary objectives, we add individual project -oriented goals that include: • Ensuring Project Success — Provide City and contractor with constant input and feedback affecting projects • Community Enhancement — Monitor project for conformance to City's high standards • Impeccable Recordkeeping — Maintain construction files pursuant to City, Willdan, and Caltrans Local Assistance Procedures Manual On -Call Construction Management and Inspection Services 6 Rigorous Budget Control — Provide biweekly construction budget updates to City Project Manager Maintain Schedule — Provide weekly schedule updates and ensure contractor complies with project schedule requirements Resident and Business Satisfaction — Provide initial project flyers and periodic updates to businesses and residents affected by the project; set up project hotline for high profile CIP projects that impact a significant number of citizens; ensure project is well maintained and project traffic controls are installed per project plans, CAMUTCD, and City requirements Project Approach Willdan's approach to construction management starts with assigning the appropriate staff to fit the assignment's needs. For construction projects, the primary team members will include a construction manager and the project inspector. Our management team will work closely with the City's Project Manager to assign the most qualified individuals to each project. To achieve these goals, Willdan's approach to management and inspection of the City's construction projects includes: • Thorough review of project specifications and plans • Initial set-up of project -specific construction management files • Identify and address key project issues prior to start of construction • Agree on project -specific quality assurance program • Identify and coordinate with outside utility agencies and/or permitting agencies impacted by the projects • Arrange preconstruction meeting and process RFIs and submittals in a timely manner • Maintain detailed project records and provide weekly/monthly reports • Arrange weekly project meetings to review and address project issues • Provide qualified inspectors to closely monitor contractor's work and progress • Provide detailed inspection reports of developer/contractor's daily activities • Promptly respond to resident and business complaints and questions • Provide final project close-out documents conforming to City, Willdan, and other concerned parties There are many routine aspects that are common to the way every construction project is performed in terms of construction administration and inspection of development, permitted, and capital improvement projects as outlined in our scope and in the diagram below: Construction Management Process Assist the Client Prepare Conduct Start of Constructability with Public Construction Pre -Construction Project Review Awareness File Meeting Q^a Gs= ona Log, Track, Conduct Weekly Routinely Review Project Deliver all and Process Meetings and Construction Closeout Construction Construction Provide Weekly Files to Ensure Files and Documentation Reports to Client Conformance to Supplies to Client Client Standards Aqo/ On -Call Construction Management and Inspection Services 7 Willdan adopted the Caltrans' Construction Manual as our in-house quality standard and have incorporated Caltrans' prescribed standards and procedures into our everyday inspection routine. This ensures we meet federal and state guidelines from the start. To supplement the Caltrans Construction Manual, we have also developed checklists as a means of quality control for our typical project field files, federally funded project documentation, BMP inspections, slurry seal inspections, ARHM paving inspections, water main inspections, and traffic signal inspections. Contractor Compliance: Our staff has extensive experience with a myriad of public works projects and has a clear understanding of the issues surrounding inspection of the work. For example, when constructing sidewalks and ADA-compliant ramps, our team will ensure adequate subgrade compaction has been achieved. They will monitor the work for conformance with the plans, specifications, and ADA requirements. The concrete tickets will be checked to ensure materials match the approved mix design. A smart level will be used to check forms and the contractor will not be approved to place concrete until the work meets all City and other applicable standards. Willdan's team will monitor the contractor's operations for conformance with City compaction standards by working with the City's approved material testing lab and will not accept any trench backfill or allow any pavement repair until proper compaction is verified by the lab. Project Budgets: Construction costs are proactively managed and tracked against available ®$$$ budgets by our Construction Managers. This starts with an initial quantity takeoff from the construction plans, utilizing Bluebeam Revu, serving as an independent audit of the project quantities as they correlate to the bid schedule quantities. Early Identification of potential quantity busts and continual monitoring of quantities throughout construction is key to maintaining project costs within established budgets. Our team creates and maintains change order logs and final cost projection spreadsheets on a weekly basis to document and track all quantity adjustments, approved change orders, pending change orders, and potential change orders. The City's Project Manager is kept abreast of the project budget status throughout construction so that adjustments can be made to the scope of the project, or proper procedures can be followed to request additional funding, if needed to stay within the established contingencies. Willdan's team also focuses on quickly processing RFIs and change order requests and providing direction to the Contractor as needed to keep them moving and avoid costly delays. Scheduling: The contractor's critical path method baseline schedule will be reviewed and accepted prior to issuance of a notice to proceed. The schedule will identify major items of work and will be the vehicle for monitoring, controlling, and tracking progress. The schedule will be required to be updated monthly to reflect actual and forecasted completions. This allows our construction managers to anticipate and forecast potential issues and develop an advanced strategy to proactively mitigate problems before they impact the schedule. In instances where schedule delays are expected to occur, due to weather, approval requirements or information from an outside agency, material shortages, or other unanticipated factors, the City's Project Manager will be immediately notified of the potential project delay. Strategies will be developed and implemented to resolve project challenges and expedite the approval of the affected projects. As the Project Manager, Mr. Bustos will monitor all progress on a weekly basis. Cloud -Based Construction Management: Willdan is experienced in utilizing cloud -based applications, such as Procore and Virtual Project Manager (VPM), to manage the paperwork and record keeping on CIP projects. Upon startup of a new construction project, Contractor RFIs and submittals are provided through the cloud -based application, On -Call Construction WP Management and Inspection Services 8 assigned to an appropriate team member, comments or responses are uploaded to the project site, and all parties are notified via email when the document is uploaded. The cloud -based application automatically creates and maintains logs to track the status of each submittal and RFI. Willdan's electronic project records are also maintained on the applications so that our clients have access to the project records in real time. Customer Service: To meet and often exceed the expectations of our clients, Willdan fosters and instills a corporate culture of Customer -First among our staff and in our day-to-day IP work environment. Looking out for our customer's best interests is at the forefront of tiT� everything we do. Our customer -focused philosophy is particularly evident when dealing with complex situations and difficult to resolve challenges. Willdan's corporate goal is to exceed the City of Santa Ana's expectations. Specific Areas of Expertise In -House Services: Willdan provides comprehensive in-house construction engineering services to our clients. We have successfully provided these services to California agencies for over 59 years. r4 On -Call Contracts Expertise: Willdan understands the unique aspects of working under an on -call contract. Resource needs to successfully accomplish assignments arising from on -call contracts vary greatly and our approach to on -call project delivery — developed over many years — enables us to successfully meet our clients' multi -faceted needs. Our approach to success working under on call contracts includes: • Conducting business with truthfulness and high ethical standards • Approaching each project with a spirit of resourcefulness and excellence • Maintaining high ethical standards of technical quality • Seeking appropriate solutions that fit each project Construction Management Expertise: Willdan provides expertise in all areas of project management, resident engineering, construction management, constructability reviews, construction contract administration, public works observation, labor compliance, materials testing, grant funding administration and compliance, utility coordination, and community relations. Willdan's corporate philosophy emphasizes strong leadership, cost effectiveness, timely performance, and consistent reciprocal communication with clients and internal and external resources. Our resident engineers and construction managers offer reliable service, quality workmanship, use of good judgment, fair and equitable treatment, and adherence to our corporate integrity and high ethical standards with a spirit of resourcefulness, excellence, and a can -do attitude. These experienced team members identify and resolve discrepancies, ambiguities, omissions, or conflicts in plans, specifications, and bid schedules that might generate misinterpretation and/or lead to agency and contractor disagreements. Our professionals are adept at anticipating issues before they arise through continual review of project plans, specifications, and contract documents. Potential problems are brought to the attention of the City's Project Manager and/or the contractor, along with constructive recommendations for solutions, so that costly delays and negative impacts to the public and the project are avoided. Our team strives to resolve issues at the lowest level possible, while keeping those at higher levels in the loop on the issues and methods of resolution. On -Call Construction Management and Inspection Services 9 Construction Inspection Expertise: Willdan has an extensive history of providing on -call construction inspection services to public agencies throughout California. We have broad expertise and experience with large and small public works improvement projects involving a myriad of construction improvements, such as street reconstruction and rehabilitation, roadway widening, pavement resurfacing, sewers, waterlines, drainage installations and repairs, detention and retention basin maintenance, utility Construction h Construction Labor relocations, traffic signal Management Inspection Compliance installations and modifications, street lighting, parks, slurry Ala seals, and other related Resident Engineering Pre -Construction Compliance with all improvements. Our team Constructability Review Conditions Applicable Federal, State, provides inspection Public Outreach Documentation County, and Local Labor • services for Bid Assistance Field Inspection Laws Project Cost Controls and • Detailed Reporting Labor Compliance and encroachment permit, Scheduling • Material Sampling and Project Requirement land development, and Claims Review and Testing Guidance at capital improvement Investigation • Construction Observation Preconstruction Meetings Utility Coordination QSP, ACIA, and APWA Contractor Support by projects. Willdan currently Submittal and RFI Inspector Reviews Phone or Email provides on -call Coordination Grant Funding Utility Coordination Site Visits inspection services to the Administration Payroll Reviews DIR Compliance Training Cities of Santa Paula, Fillmore, Thousand Oaks, and County of Ventura, amongst a host of other Southern California agencies. Labor Compliance Expertise: Willdan has provided Labor Compliance services for over 30 years. Our labor compliance staff have completed monitoring and enforcement assignments for public agencies throughout California. Willdan's Labor Compliance Management process has been perfected through continual reviews and updates. It maximizes efficiency and minimizes costs while optimizing client comfort. We provide contractor support by phone and email to insure a smooth process throughout the project. Our team can assist the City in compliance with applicable Federal, State, County, and local labor laws. Federally Funded Project Expertise: Willdan's proposed team members have extensive experience handling complex public works projects, including those administered by Caltrans, whether state or federally funded. Willdan has detailed knowledge of the current Local Assistance Procedures Manual (LAPM) and can provide project management from the funding procurement stage through project close-out. Several of our construction management staff have completed the Caltrans Resident Engineer Academy. Our proposed team has participated in over 100 successful Caltrans audits and has success managing all types of specially funded projects. E. Relevant Project Experience On -call engineering services are the center of Willdan's foundation — being the core of Willdan's founding in 1964. We have strengthened our services by incorporating former public agency staff who understand the importance and purpose of on -call contracts and are very familiar with the processes and procedures for such services. a condensed current list of public agencies that we have provided or are currently providing construction management and inspections services is provided below. 401 On -Call Construction Management and Inspection Services 10 Municipal Agency City of Bellflower Dates of Service 2015 — 2020 Term of Contract 3 Years, Plus 2 Optional Years City of Brea 2019 — Ongoing 3 Years, Plus 2 Optional Years City of Burbank 2019 — Ongoing 3 Years, Plus 2 Optional Years City of Davis 2019 — Ongoing 3 Years, Plus 2 Optional Years City of Downey 2014 — Ongoing 3 Years, Plus 2 Optional Years (recently renewed) City of Fillmore 2018 — Ongoing 3 Years, Plus 2 Optional Years City of Grand Terrace 2018 — Ongoing 3 Years, Plus 2 Optional Years City of Hayward 2016 — Ongoing 3 Years, Plus 2 Optional Years City of Highland 2016 — Ongoing 3 Years, Plus 2 Optional Years (recently renewed) City of Laguna Niguel 2018 — Ongoing 3 Years, Plus 2 Optional Years City of Long Beach 2016 — Ongoing 3 Years, Plus 2 Optional Years City of Newport Beach 2019 — Ongoing 3 Years, Plus 2 Optional Years City of Palm Springs 2015 — Ongoing 3 Years, Plus 2 Optional Years City of Pomona 2014 — Ongoing 3 Years, Plus 2 Optional Years (recently renewed) City of Rancho Cordova 2019 — Ongoing 3 Years, Plus 2 Optional Years City of Redlands 2018 — Ongoing 3 Years, Plus 2 Optional Years City of Rialto 2018 — Ongoing 3 Years, Plus 2 Optional Years City of Ridgecrest 2010 — Ongoing 3 Years City of San Bernardino 2016 — Ongoing Undefined term limit City of Simi Valley 2013 — 2020 Undefined term limit City of South Pasadena 2018 — Ongoing 3 Years, Plus 2 Optional Years City of Tustin 2005 — Ongoing 3 Years, Plus 2 Optional Years City of Ventura 2016 Undefined term Ilmlt (Yearly Renewal) Within the past seven years, Willdan has completed task orders for over 200 on -call contracts. This relevant experience of our dedicated and available key personnel includes both federal and non-federal projects — making Willdan highly suited to provide the City with the requested services. Representative contracts are provided below. All pertinent client information, including contact information, has been included in the "References" section. Client: City of Brea Dates: 2001- Present Chris Baca Mike Corral Jane Freij Saul Martinez Victor Ayala Amanda Perez Willdan has provided on call engineering services to the City of Brea since 2019 and has partnered with the City of Brea often over the past 40 years across a variety of disciplines and services. Mr. Baca, our proposed Deputy Project Manager for the City of Santa Ana contract, served as Project Manager for each of these city projects. Representative construction management projects completed under this on call contract include Country Hills Water, Country Hills Phase II, South Brea Sewer Labor Compliance, Drainage Improvements Labor Compliance, Steele Labor Compliance, CIP 7914 Skate Park, CIP 7968 Inspection, 57 Freeway/Lambert, ADA Improvements Labor Compliance, Civic Center Cameras, CIP 7323 Moorpark Labor Compliance, CIP 7959 Brea Creek Golf Course Labor Compliance, Berry & Imperial Highway, Permit inspection, Alley Rehab 7319,7320, & 7321, and Puente Waterline. Willdan provided construction management, inspection, and materials testing services for each of these projects. On -Call Construction NV Management and Inspection Services 11 • Mike Bustos Oscar Blanco Amanda Perez • Mario Cisneros Matt Saab Jane Freij • Anivel Nunez Chad Meelker Mike Corral • Paul Merrill - Masoud Eskandari Willdan has provided on call engineering services to the City of Ridgecrest since 2010. In that time, Willdan has completed over 75 projects for the City, providing a multitude of services, such as construction management and inspection, plan checking, design engineering, grant administration, labor compliance, city engineering, landscape architectural, surveying, GIS, environmental clearance, building and safety. We have provided these services to the City for projects funded with local, state, and federal funds. Representative construction management and inspection projects completed under this on -call contract include Downs Street Widening (STPL), West Ridgecrest Boulevard Reconstruction (RPSTPL), Ridgecrest Senior Center Tenant improvements (CDBG), Electric Vehicle Charging Stations and Solar Photovoltaic Improvements (CMAQ), Corporate Yard Site Improvements, New Bus Maintenance Garage and Shade Structure (Design/Build), ADA Transition Plan (CDBG), Sewer System Rehabilitation and Repair Program, Sewer GIS mapping, Walmart Supercenter Offsite Improvements, Richmond Road Bike Path, Bowman Channel Improvements, Dolphin Avenue Improvements (CMAQ), SSARP, Traffic Signal Installation for China Lake Boulevard at Bowman Road (HSIP), Citywide Telecommunications Installation Permit Inspection, Flashing Stop Signs and Adaptive Traffic Signals (HSIP), and Leroy Jackson Park (Clean CA). On many of these projects, Willdan provided turnkey services including design, environmental, bidding assistance, construction management, inspection, labor compliance, grant administration and materials testing. Mr. Bustos, our proposed Project Manager for the City of Santa Ana contract, served as Project Manager for each of these citv proiects. Client: City of Inglewood Dates: 2006- Present • Mike Bustos Manny Trujillo Victor Ayala • Mario Cisneros Jason Brown Miguel Lopez • Simon Hernandez Matthew Villegas Christopher Villegas • Matt Saab Carlos Villegas Masoud Eskandari Willdan has provided on call engineering services to the City of Inglewood since 2011. In that time, Willdan has completed over 22 projects for the City, providing a multitude of services, such as construction management and inspection, plan checking, design engineering, landscape architectural, surveying, and GIS. Representative construction management and inspection projects completed under this on call contract include La Brea Avenue Reconstruction (DEM04L), La Brea Avenue Realignment and Reconstruction (HPLUL), Annual Streets and Alleys Rehabilitation, Imperial Highway Improvements, Prairie Avenue Improvements, Van Ness Avenue Improvements, Inglewood Intermodal Transit/Park and Ride Facility, Service Center Yard Roofing Project, Intelligent Transportation System Gap Closure, Intelligent Transportation System Phases 5 & 6, Los Angeles World Airports Intelligent Transportation System, City Parking Lots Rehabilitation, La Brea and Hardy Traffic Signal Improvements, Century Boulevard Mobility Project Federal Funding Closeout Services, La Tijera Elementary School Improvements (SR2S), and Encroachment Permits Inspection. Mr. Bustos, our proposed Project Manager for the City of Santa Ana contract, served as Project Manager for each of these city projects. On -Call Construction NV Management and Inspection Services 12 Client: City of Downey Dates: 2018- Present • Mike Bustos Simon Hernandez Matt Saab Chris Baca Victor Ayala Otis Chandler Mario Cisneros Mike Corral Dwayne Mozden Heleo Espinoza Oscar Blanco Willdan has provided on call construction management and inspection services to the City of Downey since 2018 and has partnered with the City of Downey often over the past 25 years. Mr. Bustos, our proposed Project Manager for the City of Santa Ana contract, served as Project Manager for each of these city projects. Representative construction management and inspection projects completed under this on call contract include Woodruff Ave Water System Improvements, Firestone Blvd and Paramount Blvd Intersection Improvements, Samoline Ave and Melva St Water System Improvements, Third St Water System Improvements, Lakewood Blvd Improvements Phase 3C, Lakewood Blvd at Firestone Blvd Water System Improvements, Solar Panel Installations at Multiple City Facilities, Old River School Rd Rehabilitation, Miscellaneous Sewer Repairs, Wilderness Park Sewer Repairs, 4t" St Water System Improvements, 5t" St Water System Improvements, and Stamps Rd Water System Improvements. Willdan provided construction inspection and materials testing services for each of these projects and construction management for most of these projects. F. References MMMT IUUWM City of Ridgecrest Address: 100 West California Avenue Ridgecrest CA 93555 _ Contact: , Travis Reed, City Engineering/Public Works Director Phone/Email: (661) 478-1965, treed(a)ridgecreset-ca.gov Public Agency: Address: ... One Manchester Boulevard, Inglewood, CA 90301 Contact: Peter Puglese, City Traffic Engineer Phone/Email: I(908) 578-4226, ppuglese(a)-cityofinglewood.org Public Agency: JCity of Brea One Civic Center Circle, Brea, CA 92821 Contact: Michael Ho, Director of Public Works/City Engineer Phone/Email: (562) 570-6383, michaelh(a)ci.brea.ca.us Address: One Civic Center Circle, Brea, CA 92821 Contact: Lorena Powell, Senior Civil Engineer Phone/Email: (562) 904-7110, Ipowell().downeyca.org 2. Scope of Services and Schedule Willdan understands the City's Scope of Services to include the following. 1. Resident Engineer/Administrator a. The PM will represent the City Construction Manager in the field. b. Monitor materials documentation and testing results and enforce corrections. c. Routinely review construction files to ensure conformance to City standards and good construction management practices. d. Prepare clear and concise letters and memoranda, as needed. Establish solid paper trail. 2. Bid Analysis On -Call Construction Management and Inspection Services 13 a. Prior to the start of the project, the PM will be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all sub -contractors have a valid City Business License. b. Review and respond to RFls and questions that may arise during the advertisement process. c. Prepare and issue addenda during the advertisement period (up to 2). d. Attend and conduct pre -bid meeting. e. Prepare pre -bid meeting minutes and publish as an addendum. f. Review the three lowest bids. g. Verify eligibility of the apparent low bidder and its subcontractors to receive contract awards by confirming current, active license status with the State of California Contractors License Board and non-appearance on the Federal List of Parties Excluded (debarment list). h. Check references of lowest, responsive bidder. i. Document any irregularities in the bids. j. Verify the low bidder's qualifications. k. Prepare the bid summary. I. Prepare a recommendation of contract award. 3. Staff Reports a. Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines. 4. General Construction Administration a. Coordinate with the City to define the roles and responsibilities during construction and develop a construction management plan. b. Co -lead pre -construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. c. Record the progress of the project. Submit written daily and progress reports to the City. Monitor contractor's compliance with labor code requirements. d. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as -built records of underground utilities, including locations and depths of trenches. e. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications and assist in achieving the resolution of problems which may arise. f. Manage the Construction Management Software (Procore), coordinating with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team. g. Willdan will be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project. h. Closely review schedule and advise contractor to take action on schedule slippage. i. Monitor and coordinate activities of design engineering support, surveying, testing, and work by utilities or other agencies. j. Prepare weekly statement of working days and submit to contractor and City. k. Establish and conduct weekly construction progress meetings. I. Prepare agendas and minutes for weekly construction progress meetings. 5. Submittal/RFI Review & Processing On -Call Construction Management and Inspection Services 14 a. The PM will be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals. Willdan will transmit the Submittals to City staffing for review and approval and will establish and implement procedures for expediting the processing, approving, and distribution of Submittals. b. Determine the workflow on PROCORE for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team. c. Using the City's current Procore program, Willdan's Construction Managers will log, track, and process submittals, RFIs, releases for construction (RFCs), contract change orders (CCOs), field directives, construction schedule, and detailed traffic control plan. d. Review submittal log in terms of items needed and resubmittals required and review RFI, RFC, and CCO logs. 6. Constructability Review a. The individuals assigned as Project Manager, Inspector and Contract Administrator, will not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and will not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents will be called to the attention of the City's Construction Manager and clarified prior to start of construction. b. Conduct a review of the plans and specifications, including analysis of quantities and costs, check of construction phasing, and full analysis of the contractor's schedule. c. Identify the elements of construction that could be substituted with more efficient materials and associated methods. d. Provide a thorough review of the construction sequence necessary to complete the improvements included in the construction contract. e. Once a set of recommended corrections is developed, verify that time constraints do not impact implementation. f. Prepare a report of findings and outline recommendations to reconcile issues discovered and generally to expedite the project. 7. Change Order Review a. Willdan will conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. We will monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. We will advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component. b. Perform quantity, time, and cost analyses required for negotiation of contract changes. c. Negotiate and prepare change orders, including memorandum of explanation and cost estimates, to substantiate change order and send to City for review. d. Maintain all data for change orders and record information with regard to time of dispute, time of notification by contractor, and action taken by inspector. 8. Safety a. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations. b. Review contractor's safety program in consultation with City staff. c. Monitor compliance with Cal OSHA requirements and compliance with all local, state, and federal regulations. Although Willdan will monitor activities, it is contractor's sole responsibility to provide workers with safe working environment. 401 On -Call Construction Management and Inspection Services 15 9. Progress Payments a. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. b. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment. c. Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review. d. Review for approval contractor's progress payment requests, including verifying LAPM compliance status and impact on payment; negotiate differences over amount with contractor; and process payments through City's Project Manager. 10. Inspections a. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. b. Facilitate and coordinate inspection by representatives of other agencies. c. Verify that contractor conforms to design survey line and grades. d. Provide as -needed construction inspection of work to monitor materials and methods for compliance with plans, specifications, and contract documents; address and document non- conforming items as they are discovered. e. Monitor compliance with Clean Air Act and Clean Water Act (National Pollutant Discharge Elimination System — NPDES best management practices). f. Conduct daily measurements of quantities of work with contractor. g. Review actual contractor performance throughout day and discuss discrepancies with contractor as they occur. h. Evaluate contractor's operation and production with respect to quality and progress and report to the construction manager. i. Photograph continuous property frontages along street alignment once prior to construction and once immediately following construction. Maintain photographic record of key elements of each major operation of work each day, with increased detail in situations of potential changes or claims. j. Closely monitor testing results and require contractor to provide corrective measures to achieve compliance. k. Prepare and maintain detailed daily diary inspector reports on construction progress. I. Maintain field file bound workbooks during construction, including cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs, and other documentation. m. Provide complete measurements and calculations documented to administer progress payments. n. Maintain and submit red -lined set of plans for as -built corrections on record drawings to be filed with City. (City's design consultant will transfer contractor's record drawings to original Mylar drawings.) 11. Claims a. Claims submitted by the contractor must adhere to the Public Contract Code Section 10240 and 20104. b. PM shall coordinate with City consultant on claim matters. 401 On -Call Construction Management and Inspection Services 16 c. Review all claims and provide an evaluation to the City. Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions. d. Provide claims mitigation monitoring, including proactively applying foresight to discover unforeseen conflicts prior to contractor encounter. e. Monitor and perform immediate and thorough analysis of validity of all potential claims that arise. f. Analyze delays and review claims on timely basis; make recommendations to City. 12. Prevailing Wage/Labor Compliance a. Willdan will monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. b. Willdan will verify that all trade personnel listed in the daily log are also listed in the certified payroll and will conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments. c. Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis. d. Verify applicable wage determination; document verification as required. If wage determination has changed from what appears in project specifications, provide addendum for dissemination to plan holders. e. Verify that the Public Works Contract Award Information (DAS-140) and Request for Dispatch of an Apprentice (DAS-142) forms are submitted to local apprenticeship councils by all contractors, as appropriate. f. Receive and review labor compliance documentation from public works observers or inspectors and compare with contractor -submitted documents. Monitor contractor -submitted payroll documentation on a continuous basis. g. Verify with State Division of Apprenticeship Standards that any worker listed on the certified payroll who receives less than the published hourly journeyman rate is registered in an approved apprenticeship program and is in possession of a formal certification. h. Verify that any payroll deductions are acceptable under State prevailing wage law. i. Verify that payroll data is submitted to the Department of Industrial Relations (DIR) online Compliance Monitoring Unit (CMU) under the correct DIR project number. j. Verify the payment of the training contribution, as necessary. k. Follow up with contractor by telephone, email, and/or certified mail regarding required document submittals and payroll discrepancies and deficiencies. Provide detailed description of alleged deficiencies; outline corrective action to be taken; and enforce regulatory deadlines for compliance. I. Calculate any applicable underpayments due; obtain restitution payroll(s) plus proof of worker payment(s), as needed. m. Receive, pursue, and document labor complaints; prepare violation reports to oversight agencies as required; recommend special action to be taken if contractor continuously fails to comply with requests and requirements. n. Coordinate with City staff the withholding of progress and/or retention payments if contractor fails to abide by labor compliance requirements. o. Maintain content and format of labor compliance file in conformance with applicable government requirements. 13. CWA Compliance a. Willdan will monitor and enforce the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification will be provided with the monthly progress payments. On -Call Construction Management and Inspection Services 17 b. Outline responsibilities within the agreement and assist contractors in achieving the CWA goal. 14. Project Closeout a. The PM will be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one- year period. Willdan will schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue. b. Willdan will provide a close out report outlining any obstacles, violations, services performed, and final percentages achieved by the workforce as part of the CWA. c. Willdan will provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance. d. Prepare punch list at substantial completion and follow up on correction progress. e. Schedule final inspection with City and applicable agencies; prepare, distribute, and inspect corrections to final punch list for completion; and recommend final acceptance. f. Prepare documentation for final payment to contractor. g. Upon project completion, provide finished set of project workbooks to City. h. Ensure City receives as -built set of drawings at completion. i. Assist City with stop notices and release of retention. j. Provide memorandum of clearance to issue notice of completion. k. Finalize and deliver all construction files and supplies to City for their records. 15. Community Outreach a. Attend and co -lead a pre -construction meeting with the community. Primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts. b. PM shall coordinate with the city's community liaison and communicate with the community regarding impacts related to the construction project. c. Assist City with public awareness and information program to keep residents and local stakeholders advised of project status along with impacts to traffic flow circulation, including answering public's questions about project. d. Ensure contractor distributes public construction notices and places construction and information signs. e. Prepare and distribute informational flyers to residents and business owners within the project area prior to, at 50 percent, and near project f. Setup a 24-hour telephone number to receive complaints. Respond to complaints within 24 hours and notify the City within that time of said resolution. g. Hold informational meetings with area residents and business owners to include two meetings prior to construction and one meeting during construction. h. Maintain a log of telephone calls documenting complaints received and actions taken to resolve the complaint; provide the City a weekly summary sheet documenting complaints/comments filed along with the action taken and resolution selected. i. Ensure maintenance of detours and access to businesses and resolve any issues arising from detours. 16. Federal Requirements a. Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City. b. Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project. 40 On -Call Construction Management and Inspection Services 18 c. Compliance with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) authorized by the American Rescue Plan Act (ARPA). Review ARPA requirements for construction and enforce any regulations set forth by these funds Award Package a. Prepare the award package following the award of the construction contract and receiving the following items from the City: the engineer's final opinion of probable construction cost, contractor's bid, bid analysis, proof of advertisement, and executed Program Supplement Agreement. b. Prepare LAPM Exhibits 15-C Local Agency Project Advertising Checklist and 15-1 Local Agency Bid Opening Checklist for the project file, 15-L Local Agency Contract Award Checklist, 15-M Detail Estimate and Summary, 15-N Finance Letter, 15-B Resident Engineer's Construction Contract Administration Checklist based on the awarded bid, and 3- A Project Authorization/Adjustment Request if making an adjustment to the Finance Letter. c. Submit package to the Caltrans DLAE within 60 days of award along with the following items provided by the City: as -advertised plans and specifications, LAPM Exhibits 15-G Local Agency Bidder DBE Commitment (Construction Contracts), 15-H Good Faith Effort, and 9-E Evaluation of Good Faith Effort Memo. Progress Invoicing a. Prepare progress invoices at least every 6 months. b. Monitor the Inactive Obligations List on the Caltrans Local Assistance website and notify City staff of any pending deadlines to submit invoices. c. Prepare LAPM Exhibit 5-A Local Agency Invoice based on the following items provided by the City: LAPM Exhibits 10-C Consultant Contract Reviewers Checklist, 10-01 Consultant Proposal DBE Commitment, 10-02 Consultant Contract DBE Commitment, contractor progress payments, consultant invoices and cancelled checks, and a copy of 15-L Local Agency Contract Award Checklist (first construction invoice only). d. Submit package to the Caltrans DLAE. Final Invoice & Final Report of Expenditures a. Prepare a request for post -award finance letter adjustment, if needed, based on the final construction and consultant costs prior to submitting the Final Invoice package to close out the project. and submit to the Caltrans DLAE LAPM Exhibits 3-A Project Authorization/Adjustment Request, 15-M Detail Estimate and Summary, and 17-E Change Order Summary. b. Prepare LAPM Exhibits 17-A Federal Report of Expenditures Letter and the Report of Expenditures Checklist, 17-C Local Agency Final Inspection Form, 17-G Materials Certificate, 5-A Local Agency Invoice, 15-M Final Detail Estimate and Summary, and 17-E Change Order Summary along with the following items to be provided by the City: LAPM Exhibits 17-F Final Report - Utilization of DBE, First Tier Subcontractors and 17-0 DBE Certification Status Change, final consultant invoices, contractor progress payments, final retention payment, and copies of cancelled checks. c. Submit package to the Caltrans DLAE. All tasks listed above shall be required on an as -needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project. 3. Fee Proposal As requested by the City, the Fee Proposal has been submitted in a separate sealed envelope. 401 On -Call Construction Management and Inspection Services 19 4. Certifications . Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS 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 1,6 5 G L l cr f Subscribed and sworn to (or affinned) before me on this V day of &G, 20?�- by d2 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. T M.CAMERO tutt[► COMM # 2448548 = s Los Angeles County California Notary Publi Comm Exp Oct. 12, 2026: ....................... ..... N ary Public Signature Notary Public Seal City of Santa Ana RFP Page A3-1 On -Call Construction Management and Inspection Services 20 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS 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 malting of any federal grant, the malting 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 finds 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 Signed and Printed Name: �L.I�iJ \ �1�1 1y I(,,{ ►n Z, Title t'�C=1d4en4 Date V / 4/Z3 City of Santa Ana RFP Page A3-2 On -Call Construction Management and Inspection Services 21 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On ~� �' 2� before me. M, CAMERO NOTARY PUBLIC %� (insert name and title of the officer) personally appeared 1/a ac!525 � I 4c) r qc�z , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ......„ rti M. CAME�RO i ~ �. COMM # 24i8548 z WITNESS my hand and offici I seal. s Los Angeles County r Callfornia Notary Publi Comm Exp OcL 12, 2026: Signature�3� � (Seal) ItOn-Call Construction Management and Inspection Services 22 Appendix ATTACHMENT 3-3: NON-DISCRINHNATION CERTIFICATION CERTIFICATIONS 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 City of Santa Ana RFP Page A3-3 fib On -Call Construction Management and Inspection Services 23 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: Tr��n Firm: W i L lcbn ErqFQzn n Cb Date: e 419 City of Santa Ana RFP Page A3-4 It On-Call Construction Mt d Inspection Services 24 W"W I LLDAN 2401 E. Katella Avenue, Suite 300 Anaheim, CA 92806 714.940.6300 1 800.424.9144 1 Fax:714.940.4920 www.wilidan.com EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable WILLDAN ENGINEERING W"WI LLDAN Schedule of Hourly Rates Effective July 1, 2023 to June 30, 2024 Technical Aide 1 $77 Assistant Code Enforcement Officer $103 Labor Compliance Specialist $139 Technical Aide II $100 Code Enforcement Officer $118 Labor Compliance Manager $174 Technical Aide III $120 Senior Code Enforcement Officer $139 Utility Coordinator $167 CAD Operator 1 $126 Supervisor Code Enforcement $168 Office Engineer 1 $140 CAD Operator 11 $146 Plans Examiner Aide $110 Office Engineer II $159 CAD Operator 111 $162 Plans Examiner $168 Assistant Construction Manager $152 GIS Analyst I $164 Senior Plans Examiner $184 Construction Manager $176 GIS Analyst 11 $180 Assistant Construction Permit Specialist $118 $191 GIS Analyst Ill $191 Construction Permit Specialist $124 Senior Construction Manager Environmental Analyst 1 $140 Senior Construction Permit Specialist $146 Resident Engineer I $198 Environmental Analyst II $157 Supervising Construction Permit $154 Resident Engineer 11 $206 Environmental Analyst 111 $166 Specialist Project Manager IV $223 Environmental Specialist $180 Assistant Building Inspector $139 Deputy Director $231 Designer 1 $168 Building Inspector $154 Director $237 Designer II $174 Senior Building Inspector $168 INSPECTION SERVICES Senior Designer 1 $184 Supervising Building Inspector $184 Public Works Observer ** $125 Senior Designer 11 $193 Inspector of Record $196 Public Works Observer *** 1 $ 51 Design Manager $191 Deputy Building Official $196 — Senior Design Manager $198 Building Official $198 Senior Public Works Observer Project Manager 1 Project $177 Plan Check Engineer $192 Senior Public Works Observer *** $151 Project Manager II $197 Supervising Plan Check Engineer $194 MAPPING Project Manager 111 $207 Principal Project Manager $227 Survey Analyst 1 $143 Project Manager IV $223 Deputy Director $231 Survey Analyst 11 $164 Principal Project Manager $227 Director $237 Senior Survey Analyst $187 Program Manager 1 $197 Supervisor - Survey & Mapping $197 Program Manager 11 $209 CDBG Technician $82 Principal Project Manager $227 Program Manager 111 $228 CDBG Specialists $98 LANDSCAPE ARCHITECTURE Assistant Engineer 1 g $137 CDBG Analyst $116 Assistant Landscape Architect $146 Assistant Engineer 11 $153 CDBG Coordinator $144 Associate Landscape Architect 1 $ 68 Assistant Engineer 111 $161 CDBG Manager $174 $184 Assistant Engineer IV $170 Housing Programs Coordinator $144 Senior Landscape Architect Associate Engineer 1 $179 Planning Technician $123 Principal Landscape Architect $195 Associate Engineer 11 $186 Assistant Planner $154 Principal Project Manager $227 Associate Engineer 111 $190 Associate Planner $168 Senior Engineer 1 $194 Senior Planner $191 Senior Engineer 11 $198 Principal Planner $198 Senior Engineer 111 $201 Planning Manager $211 Senior Engineer IV $204 Deputy Director $231 Supervising Engineer $209 Director $237 Traffic Engineer I $209 ADMINISTRATIVE Traffic Engineer II $223 Administrative Assistant 1 $95 City Engineer 1 $223 Administrative Assistant II $114 City Engineer 11 $227 Administrative Assistant 111 $133 Deputy Director $231 Project Accountant 1 $107 Director $237 Project Accountant II $125 Principal Engineer $257 Project Controller 1 $133 Project Controller 11 $150 ** For Non -Prevailing Wage Project *** For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2023 thru June 30, 2024, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations. Rev V02 05.12.2023