HomeMy WebLinkAboutItem 24 - On-Call Staff Support Services for Inspection, Engineering, Project Management, and Administration24. Agreements with Project Partners, Interwest Consulting Group Inc., EC & AM
Associates Inc. dba GK & Associates Inc., Richard Fisher Associates, and Ladayu
Consulting Group for On -Call Staff Support Services for Inspection, Engineering,
Project Management, and Administration
Department(s):
Recommended Action: Authorize the City Manager to execute agreements with
the firms listed below to provide inspection, engineering, project management, and
administration services, for a three-year period commencing August 6, 2024, and
expiring August 5, 2027, with a provision for one, two-year renewal option, for a
total aggregate amount not to exceed $2,500,000 for the term of the contract,
including the optional renewal (Core Agreement No. A-2024-XXX).
Firms
Location
Project Partners
Laguna Hills, CA
Interwest Consulting Group, Inc.
Loveland, CO
GK & Associates, Inc.
Diamond Bar, CA
Richard Fisher Associates
Irvine, CA
Ladayu Consulting Group
Palos Verdes Estates, CA
Public Works Agency
www.santa-ana.org/public-works
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 6, 2024
TOPIC: On -Call Staff Support Services for Inspection, Engineering, Project
Management, and Administration
AGENDA TITLE
Agreements with Project Partners, Interwest Consulting Group Inc., EC & AM
Associates Inc. dba GK & Associates Inc., Richard Fisher Associates, and Ladayu
Consulting Group for On -Call Staff Support Services for Inspection, Engineering, Project
Management, and Administration
RECOMMENDED ACTION
Authorize the City Manager to execute agreements with the firms listed below to provide
inspection, engineering, project management, and administration services, for a three-
year period commencing August 6, 2024, and expiring August 5, 2027, with a provision
for one, two-year renewal option, for a total aggregate amount not to exceed $2,500,000
for the term of the contract, including the optional renewal (Core Agreement No. A-
2024-XXX).
Firms
Location
Project Partners
Laguna Hills, CA
Interwest Consulting Group, Inc.
Loveland, CO
GK & Associates, Inc.
Diamond Bar, CA
Richard Fisher Associates
Irvine, CA
Ladayu Consulting Group
Palos Verdes Estates, CA
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Public Works Agency (PWA) oversees all aspects of civil engineering for capital
improvement projects, development engineering, and the management of project design
and construction. In prior years, the City has contracted with consultant firms to provide
temporary staffing for PWA to perform a wide range of tasks to design, manage, and
inspect the construction of City capital improvements, to support citywide development,
plan check, and utility permit -related services. In anticipation of peak workloads, which
will exceed the current staffing capacity of PWA, the recommended staff augmentation
will help maintain time -sensitive project delivery schedules and commitments related to
private property development activity. The approval of the recommended action will
On -Call Staff Support Services for Inspection, Engineering, Project Management, and
Administration
August 6, 2024
Page 2
allow the City to temporarily augment staff as needed for various engineering, technical,
and administrative duties to meet the agency goals and deliver projects in a timely
manner.
On March 5, 2024, PWA released a Request for Proposals (RFP). Eleven proposals
were evaluated by a review committee, where each firm was rated according to its
organization, credentials, resumes, references, and fees to provide the required
services. The list of the firms and each respective ranking is as follows:
Firm
City
Rank
Project Partners
Laguna Hills, CA
1
Interwest Consulting Group,
Inc.
Loveland, CO
2
GK & Associates, Inc.
Diamond Bar, CA
3
Richard Fischer Associates
Irvine, CA
4
Ladayu Consulting Group
Palos Verdes Estates,
CA
5
Staff recommends Project Partners, Interwest Consulting Group, Inc., GK & Associates,
Inc., Richard Fischer Associates, and Ladayu Consulting Group be retained to provide
engineering, technical, and administrative staff support services (Exhibits 1-5).
In order to provide the best services to the City, staff will endeavor to distribute work
equally among the five consultants, but reserves the right to assign more work to one or
more consultants over another based on type of support position required, availability of
staff, and performance, among other factors.
FISCAL IMPACT
The following table summarizes the funds budgeted and available for expenditure,
which includes funding for Accounting Unit 01115017 and 01117650 that will be
available in the FY 2024-25 budget through the carry -forward process. Any remaining
balances not expended at the end of the fiscal year will be presented to the City Council
for approval of carry-over to FY 2025-26.
Fiscal
Accounting
Fund
Accounting Unit,
Amount
Year
Unit-
Description
Account Description
Account #
2024-25
01115017-
General Fund
Fire — Service
$25,000
66200
Enhancement, Buildings
& Building Improvements
2024-25
01117017-
General Fund
Public Works-
$20,000
62300
Development
On -Call Staff Support Services for Inspection, Engineering, Project Management, and
Administration
August 6, 2024
Page 3
Fiscal
Accounting
Fund
Accounting Unit,
Amount
Year
Unit-
Description
Account Description
Account #
Engineering, Contract
Services — Professional
2024-25
01117611-
General Fund
Construction
$35,000
62300
Engineering, Contract
Services — Professional
2024-25
01117620-
General Fund
PW-Traff/Trans — Sery
$35,000
62300
Enhmnt, Contract
Services — Professional
2024-25
01117650-
General Fund
SARTC Maintenance —
$20,000
62300
Sery Enhcmt, Contract
Services — Professional
2024-25
01117652-
General Fund
PWA — Park Service
$200,000
62320
Enhancement,
Maintenance & Repair
Buildings & Ground
2024-25
01117660-
General Fund
Pub Wks -Road
$100,000
66220
Maintenance,
(23-6910)
Improvements Other
Than Buildings
2024-25
03217663-
Measure M-
Measure M2 Competitive
$35,000
66220
Street
Street, Improvements
14-6802
Construction
Other Than Buildings
2024-25
05617640-
Sanitary Sewer
Sanitary Sewer Service,
$35,000
62300
Service
Contract Services -
Professional
2024-25
05917660-
Select Street
Select Street
$65,000
66220
Construction
Construction,
(14-6802)
Improvements Other
Than Buildings
2024-25
Water
Water
$120,000
06017645-
Admin/Engineering,
62300
Contract Services -
Professional
2024-25
06617647-
Water
Water Utility Capital
$100,000
66301
Acquisition &
Projects, Water Capital
18-6424
Construction
Project
2024-25
Sanitation Fund
Pub Wks-
$20,000
06817640-
Environment/Sanitation,
62300
Contract Services -
Professional
On -Call Staff Support Services for Inspection, Engineering, Project Management, and
Administration
August 6, 2024
Page 4
Fiscal
Accounting
Fund
Accounting Unit,
Amount
Year
Unit-
Description
Account Description
Account #
2024-25
Sanitation Fund
Pub Wks -Roadway
$20,000
06817641-
Cleaning, Contract
62300
Services -Professional
2024-25
07317100-
Building Maint
Bldg Maintenance,
$15,000
62300
Fund
Contract Services -
Professional
2024-25
07517100-
Fleet
Equip Maint-Garage
$15,000
62300
Maintenance
Operation, Contract
Services -Professional
2024-25
10117601-
Pub Wks-Admin
Pub Wks-Admin
$20,000
62300
& Planning
Services, Contract
Services -Professional
2024-25
10117605-
Pub Wks-Admin
Pub Wks -Development
$170,000
62302
& Planning
Engnring, Contracted
Vendor Personnel
Services
TOTAL
$1,050,000
Future fiscal year funding will be included in the proposed budgets for City Council
consideration.
EXHIBIT(S)
1. Agreement — Project Partners
2. Agreement — Interwest Consulting Group, Inc.
3. Agreement — GK & Associates, Inc.
4. Agreement — Richard Fisher Associates
5. Agreement — Ladayu Consulting Group
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Alvaro Nunez, Acting City Manager
EXHIBIT 1
CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
PROJECT PARTNERS FOR ON -CALL ENGINEERING, TECHNICAL, AND
ADMINISTRATIVE STAFF SUPPORT SERVICES
THIS AGREEMENT is made and entered into on this 6th day of August, 2024 by
and between Project Partners ("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 for on -call engineering, technical, and
administrative staff support services
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 Work - Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of five (5) Consultants selected to provide Engineering, Technical,
and Administrative Staff Support Services on an as needed basis under RFP 24-001.
The total compensation for services provided by all Consultants selected under RFP
No. 24-001 is a collective amount not to exceed two million five hundred thousand
dollars ($2,500,000.00) during the term of the Agreement, including any extension
periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and
Consultant agree that all payments due and owing under this Agreement shall be made
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through Automated Clearing House (ACH) transfers. Consultant agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Consultant's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on August 6, 2024 for a three (3) year term expiring
August 5, 2027 with the option for the City to grant up to one (1) two (2) year renewal,
exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in
accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture 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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the 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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require any subcontractors to obtain and maintain insurance as described below for the
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entire Term of this Agreement against claims for injuries to persons or damage to property which
may arise from or in connection with services, products and materials supplied to City. Total cost
of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met
with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), with limits no less than $1,000,000 combined single limits. In the event Consultant
does not maintain commercial automobile liability insurance, City will accept evidence of
personal automobile insurance.
3. Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident,
policy or employee, for bodily injury or disease. Coverage is not required if Consultant
has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or
claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements
for each line of coverage shown above, City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following
provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds, under Consultant's CGL, Professional Liability, and
Automobile Liability policies, with respect to any liability arising out of work or
operations performed by or on behalf of the Instructor including materials, parts,
equipment, and personnel furnished in connection with such work or operations.
2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against
City, its City Council, its officers, officials, employees, agents, and volunteers for losses
paid under the terms of any policy which arise from work performed by Consultant under
this Agreement.
3. For any claims related to this contract, Consultant's insurance coverage shall be primary
and any insurance maintained by City, its City Council, its officers, officials, employees,
agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring
that Consultant's insurance shall apply separately to each insured against whom a claim
is made or suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
materially changed except after thirty (30) days prior written notice has been given to
City. Ten (10) days prior written notice shall be provided to City for policy cancellation
or non -renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701.
The name and location of project must be included in the Description of Operations
section of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California
with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, 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)
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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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. 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.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
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
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information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
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 Contractors retained by City.
Co
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the 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.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
7
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Kimo Look
Principal
Project Partners
23195 La Cadena Drive, Suite 101
Laguna Hills, CA 92635
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.
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.
[Signatures on the following page]
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:
Jose M ntoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Digitally signed by Nabil
Nabil Saba date: 2024.07.08 09:57:51
-07'00'
Nabil Saba, PE
Executive Director
Public Works Agency
CITY Or SANTA ANA
Alvaro Nunez
Acting City Manager
CONSULTANT:
Kim l'rincipao0
EXHIBIT A
SCOPE OF WORK
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ENGINEERING, TECHNICAL AND ADMINISTRATIVE
STAFF SUPPORT SERVICES
RFP NO.24-001
The City of Santa Ana is located in the County of Orange in Southern California. The City
encompasses 27.5 square miles and a population of over 325,000 people.
The City of Santa Ana Public Works Agency is soliciting proposals for staff services from
consulting firms to assist in the Design, Construction Management, Plan Check, Project
Management, Inspection, Oversight and delivery of Public Work Services.
In the past, the City has utilized professional and administrative staff on as needed basis to meet
the goals and objectives of the City in the delivery of quality and on time services. The staff
services are an extension to the current workforce and work in conjunction to better serve and
complement the needs of the Public Works Agency.
In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide
engineering, technical, and administrative support services for Public Works. This request for
proposal (RFP) provides interested qualified firms with the information enabling them to submit a
Service Bid Proposal and to provide the services described herein. The City may select up to five
(5) consultants to provide the services described herein.
On as needed basis, the Consultant/s will provide the City with professional staff to perform
engineering, technical and administrative tasks on the delivery Public Work Services. These tasks
may include: Engineering design for street rehabilitation and street widening projects plans and
specifications. Underground utility design and review for water, sewer and storm drain plans and
specifications; Electrical and Mechanical consulting, review of design of plans and specifications
for water infrastructure (i.e. development and permit projects) review of and processing of right of
way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic
Management and Residential Permit Parking program; Landscaping and irrigation system design
for public work projects. In addition, services may include traffic signal design, road striping,
survey services, contract management, project inspection and oversight, and administrative
support services.
City of Santa Ana RFP 24-001
Page Al-1
Consultant Responsibilities:
On an on -call basis, the Consultant/s might be requested to fill position titles listed below. The
Consultant's ability to fill all listed positions is desirable, but not a requirement.
• Project Engineer
• Senior Civil Engineer (P.E. License Required)
• Assistant Engineer II, (Civil, Traffic, Electrical, Mechanical)
• Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical)
• Engineering Aide
• CADD — Designer
• GIS Analyst
• Land Surveyor (L.S. License Required)
• Project Manager
• Field Inspector (Construction)
• Field Inspector (Buildings)
• Storm Water Coordinator
• Plan Check Engineer (Grading, Street Improvement, Utilities)
• Map Checker
• Senior Accounting Assistant
• Accounting Assistant
• Administrative Assistant
• Senior Office Assistant
• Contract Administrator
• Permit Parking Assistant
After the City identifies the need for a position to be filled, the selected consultants will be asked to
expeditiously provide resumes of the candidates for the positon. The City reserves the right to
interview any of the candidates prior to making the selection. Registered Professional Engineers and
Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents.
The City will accommodate the chosen candidate/s with a workstation, provide office supplies, and
City issued building access cards (temporary identification), if the City determines that the chosen
candidate will work at a City work site. Many of the parking areas at City work sites require payment.
The City does not reimburse for consultant parking.
City of Santa Ana RFP 24-001
Page Al-2
Consultant shall submit a fee proposal as described below. The proposal will be used for fee
comparison and evaluation purposes.
The proposer shall complete this form and include it along with the billing rates breakdown. This
schedule will be used for comparison purposes only.
PROPOSER FEE RATE SCHEDULE
COMPANY NAME (date)
Project Engineer $
Senior Civil Engineer (P.E., License Required) $
Assistant Engineer II $
Assistant Engineer I $
Engineering Aide $
CADD- Designer $
GIS- Analyst $
Land Surveyor (L.S., License Required) $
Project Manager $
Field Inspector (Construction) $
Building Inspector (Buildings) $
Storm Water Coordinator $
Plan Check Engineer $
Map Checker $
Senior Accounting Assistant $
Accounting Assistant $
Administrative Assistant $
Senior Office Assistant $
Contract Administrator $
Permit Parking Assistant $
Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will
be used to compare with an actual work request.
City of Santa Ana RFP 24-001
Page Al-3
City of Santa Ana RFP 24-001
Page Al-4
EXHIBIT B
Sample Fee Proposal
Consultant shall submit a fee proposal as described below. The proposal will be used for fee
comparison and evaluation purposes.
The proposer shall complete this form and include it along with the billing rates breakdown. This
schedule will be used for comparison purposes only.
PROPOSER FEE. RATE SCHEDULE
COMPANY NAME (date)
TITLE
BILLING RATE
Project Engineer $ 120 - 147
Senior Civil Engineer E License Required $ 135 - 165
Assistant Engineer H $ 114 - 128
11
En inecrin Aide
S
77 - 94
CADD- Designer
$
91 - 117
GIS- Analyst
S
98 - 126
Land Surveyor (LS, License Required)_
S
138 - 170
Project Manager
$
153 - 171
Field Inspector (Construction)
$
128 - 157
Building Inspector (Buildings)
_
S
128 - 157
Storm Water Coordinator
$
99 - 119
Plan Check Engineer
S
135 - 165
Map Checker
_
$
127 - 152 T�
Senior Accounting Assistant $ 80 - 98
Accounting Assistant
$
77 - 93
Administrative Assistant
$
74 - 87
Contract Administrator
$
92 -112
Permit Parking Assistant
$
69 - 80
Senior Office Assistant
70 - 85
Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will
be used to compare with an actual work request.
City of Santa Ana RFP 24-001
Page Al-3
Project
Partners
"Partners in Building Innovative Project Teams"
Date: 3/25/24
From: Kimo Look
To: Emily Ho, Management Analyst
RE: Letter of Transmittal — Proposal for On -Call Engineering, Technical and
Administrative Staff Support Services (RFP No. 24-001)
We are sending you
via
the following items:
❑ Attached ❑ Under separate cover
■ Overnight ❑ Regular mail
Agreement Plans
Copy of Letter
Fee Submittal
X
These are transmitted as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use
❑
Approved as noted
❑
Submit
• As requested
❑
Returned for corrections
❑
Return
Remarks:
Signature:
Ar,-7-
copies for distribution
corrected prints
23195 La Cadena Dive. Laguna Hilts. CA 92653 Phone; 94M52.9300 Fax. 94M52.9322 Admin@)ProjeraPartners eom
EXHIBIT 2
CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
INTERWEST CONSULTING GROUP, INC FOR ON -CALL ENGINEERING,
TECHNICAL, AND ADMINISTRATIVE STAFF SUPPORT SERVICES
THIS AGREEMENT is made and entered into on this 61h day of August, 2024 by
and between Interwest Consulting 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. The City desires to retain a Consultant for on -call engineering, technical, and
administrative staff support services
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 Work - Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of five (5) Consultants selected to provide Engineering, Technical,
and Administrative Staff Support Services on an as needed basis under RFP 24-001.
The total compensation for services provided by all Consultants selected under RFP
No. 24-001 is a collective amount not to exceed two million five hundred thousand
dollars ($2,500,000.00) during the term of the Agreement, including any extension
periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and
Consultant agree that all payments due and owing under this Agreement shall be made
1
through Automated Clearing House (ACH) transfers. Consultant agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Consultant's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on August 6, 2024 for a three (3) year term expiring
August 5, 2027 with the option for the City to grant up to one (1) two (2) year renewal,
exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in
accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture 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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the 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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require any subcontractors to obtain and maintain insurance as described below for the
N
entire Term of this Agreement against claims for injuries to persons or damage to property which
may arise from or in connection with services, products and materials supplied to City. Total cost
of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met
with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), with limits no less than $1,000,000 combined single limits. In the event Consultant
does not maintain commercial automobile liability insurance, City will accept evidence of
personal automobile insurance.
3. Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident,
policy or employee, for bodily injury or disease. Coverage is not required if Consultant
has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or
claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements
for each line of coverage shown above, City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following
provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds, under Consultant's CGL, Professional Liability, and
Automobile Liability policies, with respect to any liability arising out of work or
operations performed by or on behalf of the Instructor including materials, parts,
equipment, and personnel furnished in connection with such work or operations.
2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against
City, its City Council, its officers, officials, employees, agents, and volunteers for losses
paid under the terms of any policy which arise from work performed by Consultant under
this Agreement.
3. For any claims related to this contract, Consultant's insurance coverage shall be primary
and any insurance maintained by City, its City Council, its officers, officials, employees,
agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring
that Consultant's insurance shall apply separately to each insured against whom a claim
is made or suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
materially changed except after thirty (30) days prior written notice has been given to
City. Ten (10) days prior written notice shall be provided to City for policy cancellation
or non -renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701.
The name and location of project must be included in the Description of Operations
section of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California
with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, 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)
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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. 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.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
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
5
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
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 Contractors retained by City.
Co
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the 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.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
7
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Thomas Wilkas
Chief Financial Officer
Interwest Consulting Group, Inc
444 N. Cleveland Avenue
Loveland, Colorado 80537
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.
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.
[Signatures on the following page]
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.
Jose ontoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Digitally signed by
n I Nabil Saba
I V a b i I Saba Date: 2024.07.08
10:04:16-07'00'
Nabil Saba, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
Alvaro Nunez
Acting City Manager
CONSULTANT:
faj 441:1"
Paul Meschino President
Interwest Consulting Group, Inc.
Tax ID# 73-I630909
EXHIBIT A
SCOPE OF WORK
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ENGINEERING, TECHNICAL AND ADMINISTRATIVE
STAFF SUPPORT SERVICES
RFP NO.24-001
The City of Santa Ana is located in the County of Orange in Southern California. The City
encompasses 27.5 square miles and a population of over 325,000 people.
The City of Santa Ana Public Works Agency is soliciting proposals for staff services from
consulting firms to assist in the Design, Construction Management, Plan Check, Project
Management, Inspection, Oversight and delivery of Public Work Services.
In the past, the City has utilized professional and administrative staff on as needed basis to meet
the goals and objectives of the City in the delivery of quality and on time services. The staff
services are an extension to the current workforce and work in conjunction to better serve and
complement the needs of the Public Works Agency.
In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide
engineering, technical, and administrative support services for Public Works. This request for
proposal (RFP) provides interested qualified firms with the information enabling them to submit a
Service Bid Proposal and to provide the services described herein. The City may select up to five
(5) consultants to provide the services described herein.
On as needed basis, the Consultant/s will provide the City with professional staff to perform
engineering, technical and administrative tasks on the delivery Public Work Services. These tasks
may include: Engineering design for street rehabilitation and street widening projects plans and
specifications. Underground utility design and review for water, sewer and storm drain plans and
specifications; Electrical and Mechanical consulting, review of design of plans and specifications
for water infrastructure (i.e. development and permit projects) review of and processing of right of
way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic
Management and Residential Permit Parking program; Landscaping and irrigation system design
for public work projects. In addition, services may include traffic signal design, road striping,
survey services, contract management, project inspection and oversight, and administrative
support services.
City of Santa Ana RFP 24-001
Page Al-1
Consultant Responsibilities:
On an on -call basis, the Consultant/s might be requested to fill position titles listed below. The
Consultant's ability to fill all listed positions is desirable, but not a requirement.
• Project Engineer
• Senior Civil Engineer (P.E. License Required)
• Assistant Engineer II, (Civil, Traffic, Electrical, Mechanical)
• Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical)
• Engineering Aide
• CADD — Designer
• GIS Analyst
• Land Surveyor (L.S. License Required)
• Project Manager
• Field Inspector (Construction)
• Field Inspector (Buildings)
• Storm Water Coordinator
• Plan Check Engineer (Grading, Street Improvement, Utilities)
• Map Checker
• Senior Accounting Assistant
• Accounting Assistant
• Administrative Assistant
• Senior Office Assistant
• Contract Administrator
• Permit Parking Assistant
After the City identifies the need for a position to be filled, the selected consultants will be asked to
expeditiously provide resumes of the candidates for the positon. The City reserves the right to
interview any of the candidates prior to making the selection. Registered Professional Engineers and
Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents.
The City will accommodate the chosen candidate/s with a workstation, provide office supplies, and
City issued building access cards (temporary identification), if the City determines that the chosen
candidate will work at a City work site. Many of the parking areas at City work sites require payment.
The City does not reimburse for consultant parking.
City of Santa Ana RFP 24-001
Page Al-2
Consultant shall submit a fee proposal as described below. The proposal will be used for fee
comparison and evaluation purposes.
The proposer shall complete this form and include it along with the billing rates breakdown. This
schedule will be used for comparison purposes only.
PROPOSER FEE RATE SCHEDULE
COMPANY NAME (date)
Project Engineer $
Senior Civil Engineer (P.E., License Required) $
Assistant Engineer II $
Assistant Engineer I $
Engineering Aide $
CADD- Designer $
GIS- Analyst $
Land Surveyor (L.S., License Required) $
Project Manager $
Field Inspector (Construction) $
Building Inspector (Buildings) $
Storm Water Coordinator $
Plan Check Engineer $
Map Checker $
Senior Accounting Assistant $
Accounting Assistant $
Administrative Assistant $
Senior Office Assistant $
Contract Administrator $
Permit Parking Assistant $
Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will
be used to compare with an actual work request.
City of Santa Ana RFP 24-001
Page Al-3
City of Santa Ana RFP 24-001
Page Al-4
EXHIBIT B
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• 1 M.`�!
CONTACT:
SHELBY SIERACKI
Account Manager
626.224.2055
ssieracki@interwestgrp.com
www.i nterwestg rp.com
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Billing Rates
Effective July 17, 2023
1W
INTERWEST
A SAFEhuilt COMPANY
Per the City's request, the below billing rates will be maintained throughout the first
fiscal year of the contract, from July 1, 2024 through June 20, 2025. Specifically
requested billing rates are listed first followed by our standard billing rates for all other
classifications.
Classification Hourly Billing
Rate
ProjectEngineer ..................... .................... ................ ....................... ....... .......... .......................................... $200
Senior Civil Engineer (PE. License Required) ............. ....................... .................................. — ......... ..... . $190
AssistantEngineer II.......................................................................... .... ----.........................................$135
AssistantEngineer I.......................................................................................................................................$155
EngineeringAide........................................................................................................................................... $110
CADD— Designer-- ........... ........................................ .... ........ ...... ........................................................... $120
GIS— Analyst...................................................................................................................................................... NA
Land Surveyor (LS, License Required).—..—............ ...... ...... . ...... ...... ...... $185
ProjectManager........................................................... ................ ............ ................. ............ ............ ........... $200
Field Inspector (Construction)................................................ ............ ....................................................... $165
Field Inspector (Buildings).................................................................................. ......................................... $110
StormWater Coordinator ....... ........... ......................................................... ................................................ $125
Plan Check Engineer (Grading, Street Improvement, Utilities)....................................................... $160
MapChecker........................................................................................................................ .......... . $160
Engineering
Principalin Charge... ...............................................................
-- ........................ ....... ................... $245
PrincipalEngineer.............................................................................
....... ....... I....... $220
CitySurveyor ............. ..........................................................................
....... .............. .......... ..... ............ ........... $215
CityEngineer ... ....... ................. ................. ......................................................................................
..... — ........ $215
ProjectManager .............. ................. ................... ............
............................................................................. $200
TrafficEngineer ....................................... ....... ..... ....
...................................................................................... $195
TransportationEngineer............................................................
...................................... ............ ............ —$200
SupervisingEngineer ....................... ..................
.............................. ........ .................................... $ 95
SeniorEngineer. .... ........................................................................................................
......... — .............. $190
LicensedLand Surveyor........ ................. — ..................................................................................................
$185
EngineeringAssociate III.............................................................................................................................
$155
EngineeringAssociate II . .... ............ ................. .................
........................................................................... $145
EngineeringAssociate I .................................................
......... ..................................................................... $135
SurveyTechnician ................................................
......... ..................... ..... —................................................... $125
Senior Engineering Technician ...............
...... .......... $ 125
EngineeringTechnician III..........................................................................................................................$125
EngineeringTechnician II...........................................................................................................................
$110
Engineering Technician I ...................................
$ 100
StudentTrainee............................................................................................................................................
$ 50
Grading Plans Examiner.............................................................................................................................
$160
I N T E R W E S T
Building Safety Services
Certified Building Official ..................................... ._... . $160
Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect ................ $155
Supervising Structural Engineer ... ................. ............ ................ ................................................ ................
$185
Senior Structural Engineer..........................................................................................................................
$175
SeniorPlans Examiner................................................................................................................................
$140
.
CASp...........................................................................................................................................................
$125
Inspector III.................................................................................................................................. ................
... $110
InspectorII.....................................................................................................................................................
$100
InspectorI.......................................................................................................................................................
$ 90
PermitTechnician.........................................................................................................................................
$ 80
FireProtection Engineer ... .......................................................... ..............................................................
..$155
Senior Fire Plans Examiner.........................................................................................................................$130
Fire Plans Examiner / Fire Inspector ...... .............. ........................ ......................................... ...................
$120
ICC Building Plans Examiner ...... ......... ...........................................
...$120
Senior Code Enforcement Officer... .... — ........................... ...... ........... .... — .... .......................
.... $135
CodeEnforcement Officer ..... ............ ....... ..... --...................................................................... .................$125
Trainee............................. ....................................... ....... ..................... ...................... ....... ............ ....................
$ 75
Construction Management
Construction Manager ,,........
Assistant Construction Manager ........................
Supervising Public Works Observer ...................
Senior Public Works Observer .............................
Public Works Observer ill ......................................
Public Works Observer II .......................................
Public Works Observer 1........................................
Real Estate
Supervising Corporate Broker ...................
Senior Project Manager ...............................
Project Manager ............................................
Senior Acquisition / Relocation Agent ....
Acquisition / Relocation Agent ..................
ROW Technician- ... ................ ....................
ROW Coordinator .........................................
Administrative Support .................................
Landscape Design Review Services
Project Manager .............................................
Senior Landscape Design Reviewer ........
Landscape Design Reviewer .......................
Landscape Maintenance Inspector...........
Landscape Field Supervisor .................. ..... -
............................... .................................................... $250
.................................................................................. $195
................................................................................... $175
.................................................................................... $135
................................................................................... $12 0
.................................................................................. $110
.................................................................................... $95
..................................................................................... $80
.................................. ....... ........... ................................ I ....... ,. $175
............................................................................................. $160
.............................................................................................. $145
.............................................................................................. $125
.............................................................................................. $125
INTERWEST
Planning Services
Community Development Director
Planning Manager ...............................
Principal Planner ...................................
Senior Planner ......................................
Associate Planner. .............. ......... .......
Assistant Planner ..................................
Planning Technician ............................
Administrative
....................................................................................................... $ 215
.................................................................................................... $190
................................................................ $175
..................................................................................................... $160
...................................................................................................... $130
........................................................................................................ $105
........................................................................................................ $ 85
GrantManager.............................................................................................................................................. $160
GrantWriter......................................................................................................... ...$150
ManagementAnalyst II................................................................................................................................$120
ManagementAnalyst I................................................................................................................................. $110
SeniorAdministrative................................................................................................................................... $100
AdministrativeIII............................................................................................................................................ $ 95
AdministrativeII............................................................................................................................................. $ 90
Administrative1................................................................................................................................................$ 75
INTERWEST
EXHIBIT 3
CONSULTANT AGREEMENT BETWEEN THE
CITY OF SANTA ANA AND GK & ASSOCIATES FOR ON -CALL ENGINEERING,
TECHNICAL, AND ADMINISTRATIVE STAFF SUPPORT SERVICES
THIS AGREEMENT is made and entered into on this 6th day of August, 2024 by and between
EC & AM Associates Inc. dba GK & Associates, ("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 for on -call engineering, technical, and
administrative staff support services
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 Work - Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of five (5) Consultants selected to provide Engineering, Technical, and
Administrative Staff Support Services on an as needed basis under RFP 24-001. The total
compensation for services provided by all Consultants selected under RFP No. 24-001 is a
collective amount not to exceed two million five hundred thousand dollars ($2,500,000.00)
during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and
Consultant agree that all payments due and owing under this Agreement shall be made
through Automated Clearing House (ACH) transfers. Consultant agrees to execute the
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City's standard ACH Vendor Payment Authorization and provide required documentation.
Upon verification of the data provided, the City will be authorized to deposit payments
directly into Consultant's account(s) with financial institutions. Payment need not be
made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on August 6, 2024 for a three (3) year term expiring
August 5, 2027 with the option for the City to grant up to one (1) two (2) year renewal,
exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in
accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture 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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the 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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require any subcontractors to obtain and maintain insurance as described below for the
entire Term of this Agreement against claims for injuries to persons or damage to property which
N
may arise from or in connection with services, products and materials supplied to City. Total cost
of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Commercial General Liability (CGL): Insurance Services Office Form CG 00
01covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met
with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), with limits no less than $1,000,000 combined single limits. In the event Consultant
does not maintain commercial automobile liability insurance, City will accept evidence of
personal automobile insurance.
3. Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident,
policy or employee, for bodily injury or disease. Coverage is not required if Consultant
has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or
claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements
for each line of coverage shown above, City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following
provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds, under Consultant's CGL, Professional Liability, and
Automobile Liability policies, with respect to any liability arising out of work or
operations performed by or on behalf of the Instructor including materials, parts,
equipment, and personnel furnished in connection with such work or operations.
2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against
City, its City Council, its officers, officials, employees, agents, and volunteers for losses
paid under the terms of any policy which arise from work performed by Consultant under
this Agreement.
3. For any claims related to this contract, Consultant's insurance coverage shall be primary
and any insurance maintained by City, its City Council, its officers, officials, employees,
agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring
that Consultant's insurance shall apply separately to each insured against whom a claim
is made or suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
materially changed except after thirty (30) days prior written notice has been given to
City. Ten (10) days prior written notice shall be provided to City for policy cancellation
or non -renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701.
The name and location of project must be included in the Description of Operations
section of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California
with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, 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
2
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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. 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.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
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)
5
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
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 Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
Co
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.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
7
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Ghazala Khan
President
GK & Associates
3333 South Brea Canyon Road, Suite 120
Diamond Bar, CA 91765
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.
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.
[Signatures on the following page]
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.
Jose rntoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Digitally signed by Nabil Saba
Nabil Saba Date: 2024.07.0810:02:3}
07'00'
Nabil Saba, PE
Executive Director
Public Works Agency
IN
CITY OF SANTA ANA
Alvaro Nunez
Acting City Manager
CONSULTANT:
(f,'haz& Khan
President
EXHIBIT A
SCOPE OF WORK
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ENGINEERING, TECHNICAL AND ADMINISTRATIVE
STAFF SUPPORT SERVICES
RFP NO.24-001
INTRODUCTION
The City of Santa Ana is located in the County of Orange in Southern California. The City
encompasses 27.5 square miles and a population of over 325,000 people.
The City of Santa Ana Public Works Agency is soliciting proposals for staff services from
consulting firms to assist in the Design, Construction Management, Plan Check, Project
Management, Inspection, Oversight and delivery of Public Work Services.
In the past, the City has utilized professional and administrative staff on as needed basis to meet
the goals and objectives of the City in the delivery of quality and on time services. The staff
services are an extension to the current workforce and work in conjunction to better serve and
complement the needs of the Public Works Agency.
In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide
engineering, technical, and administrative support services for Public Works. This request for
proposal (RFP) provides interested qualified firms with the information enabling them to submit a
Service Bid Proposal and to provide the services described herein. The City may select up to five
(5) consultants to provide the services described herein.
Description of Work:
On as needed basis, the Consultant/s will provide the City with professional staff to perform
engineering, technical and administrative tasks on the delivery Public Work Services. These tasks
may include: Engineering design for street rehabilitation and street widening projects plans and
specifications. Underground utility design and review for water, sewer and storm drain plans and
specifications; Electrical and Mechanical consulting, review of design of plans and specifications
for water infrastructure (i.e. development and permit projects) review of and processing of right of
way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic
Management and Residential Permit Parking program; Landscaping and irrigation system design
for public work projects. In addition, services may include traffic signal design, road striping,
survey services, contract management, project inspection and oversight, and administrative
support services.
City of Santa Ana RFP 24-001
Page Al-1
Consultant Responsibilities:
On an on -call basis, the Consultant/s might be requested to fill position titles listed below. The
Consultant's ability to fill all listed positions is desirable, but not a requirement.
Engineering/Technical
• Project Engineer
• Senior Civil Engineer (P.E. License Required)
• Assistant Engineer II, (Civil, Traffic, Electrical, Mechanical)
• Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical)
• Engineering Aide
• CADD — Designer
• GIS Analyst
• Land Surveyor (L.S. License Required)
• Project Manager
• Field Inspector (Construction)
• Field Inspector (Buildings)
• Storm Water Coordinator
• Plan Check Engineer (Grading, Street Improvement, Utilities)
• Map Checker
Administrative
• Senior Accounting Assistant
• Accounting Assistant
• Administrative Assistant
• Senior Office Assistant
• Contract Administrator
• Permit Parking Assistant
After the City identifies the need for a position to be filled, the selected consultant/s will be asked to
expeditiously provide resumes of the candidates for the positon. The City reserves the right to
interview any of the candidates prior to making the selection. Registered Professional Engineers and
Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents.
The City will accommodate the chosen candidate/s with a workstation, provide office supplies, and
City issued building access cards (temporary identification), if the City determines that the chosen
candidate will work at a City work site. Many of the parking areas at City work sites require payment.
The City does not reimburse for consultant parking.
City of Santa Ana RFP 24-001
Page Al-2
Sample Fee Proposal
Consultant shall submit a fee proposal as described below. The proposal will be used for fee
comparison and evaluation purposes.
The proposer shall complete this form and include it along with the billing rates breakdown. This
schedule will be used for comparison purposes only.
PROPOSER FEE RATE SCHEDULE
COMPANY NAME (date)
TITLE
Project Engineer $
Senior Civil Engineer (P.E., License Required) $
Assistant Engineer II $
Assistant Engineer I $
Engineering Aide $
CADD- Designer $
GIS- Analyst $
Land Surveyor (L.S., License Required) $
Project Manager $
Field Inspector (Construction) $
Building Inspector (Buildings) $
Storm Water Coordinator $
Plan Check Engineer $
Map Checker $
Senior Accounting Assistant $
Accounting Assistant $
Administrative Assistant $
Senior Office Assistant $
Contract Administrator $
Permit Parking Assistant $
BILLING RATE
Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will
be used to compare with an actual work request.
City of Santa Ana RFP 24-001
Page Al-3
City of Santa Ana RFP 24-001
Page Al-4
EXHIBIT B
Fee Schedule
3333 Brea Canyon Road, Ste. 120
Diamond Bar, CA 91765
www.i!kandassociates.com
GK & ASSOCIATES
STANDARD HOURLY RATE SCHEDULE
2024
EFFECTIVE FOR ONE YEAR FROM SIGNED CONTRACT DATE
TITLE HOURLY RATES
Project Manager
$215
Construction Manager (P.E.) $187
Construction Manager (CCM) $165
Plan Check Engineer $159
Construction Inspector $165
(prevailing wage)*
Contract Administrator $102
Administrative Assistant $95
*Based on a minimum of 4 hours.
Overtime
Overtime for non -Exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classification
will be charged at 1 x hourly rate.
Annual Escalation
GK & Associates rates are subject to yearly increases based on the Consumer Price Index (CPI).
Tele: 909-595-1940, Fax: 909-595-1314, Email: GKhan@GKandassociates.com
EXHIBIT 4
CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
RICHARD FISHER ASSOCIATES FOR ON -CALL ENGINEERING, TECHNICAL,
AND ADMINISTRATIVE STAFF SUPPORT SERVICES
THIS AGREEMENT is made and entered into on this 6t' day of August, 2024 by
and between Richard Fisher Associates ("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 for on -call engineering, technical, and
administrative staff support services
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 Work - Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of five (5) Consultants selected to provide Engineering, Technical,
and Administrative Staff Support Services on an as needed basis under RFP 24-001.
The total compensation for services provided by all Consultants selected under RFP
No. 24-001 is a collective amount not to exceed two million five hundred thousand
dollars ($2,500,000.00) during the term of the Agreement, including any extension
periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and
Consultant agree that all payments due and owing under this Agreement shall be made
1
through Automated Clearing House (ACH) transfers. Consultant agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Consultant's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on August 6, 2024 for a three (3) year term expiring
August 6, 2027 with the option for the City to grant up to one (1) two (2) year renewal,
exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in
accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture 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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the 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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require any subcontractors to obtain and maintain insurance as described below for the
N
entire Term of this Agreement against claims for injuries to persons or damage to property which
may arise from or in connection with services, products and materials supplied to City. Total cost
of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met
with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), with limits no less than $1,000,000 combined single limits. In the event Consultant
does not maintain commercial automobile liability insurance, City will accept evidence of
personal automobile insurance.
3. Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident,
policy or employee, for bodily injury or disease. Coverage is not required if Consultant
has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or
claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements
for each line of coverage shown above, City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following
provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds, under Consultant's CGL, Professional Liability, and
Automobile Liability policies, with respect to any liability arising out of work or
operations performed by or on behalf of the Instructor including materials, parts,
equipment, and personnel furnished in connection with such work or operations.
2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against
City, its City Council, its officers, officials, employees, agents, and volunteers for losses
paid under the terms of any policy which arise from work performed by Consultant under
this Agreement.
3. For any claims related to this contract, Consultant's insurance coverage shall be primary
and any insurance maintained by City, its City Council, its officers, officials, employees,
agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring
that Consultant's insurance shall apply separately to each insured against whom a claim
is made or suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
materially changed except after thirty (30) days prior written notice has been given to
City. Ten (10) days prior written notice shall be provided to City for policy cancellation
or non -renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701.
The name and location of project must be included in the Description of Operations
section of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California
with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, 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)
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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. 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.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
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
5
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
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 Contractors retained by City.
Co
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the 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.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
7
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Richard Fisher
Owner
Richard Fischer Associates
4902 Kron
Irvine, CA 92604
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.
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.
[Signatures on the following page]
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: a.
Jose ntoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL.:
6igi#ally signed by Nahil
Saba
N a b i f Saba Date: 2824.07.08 10:00:27
-0T00'
Nabil Saba, PE
Executive Director
Public Works Agency
E
CITY OF SANTA ANA
Alvaro Nunez
Acting City Manager
CONSULTANT:
Owner
Fisher
EXHIBIT A
SCOPE OF WORK
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ENGINEERING, TECHNICAL AND ADMINISTRATIVE
STAFF SUPPORT SERVICES
RFP NO.24-001
INTRODUCTION
The City of Santa Ana is located in the County of Orange in Southern California. The City
encompasses 27.5 square miles and a population of over 325,000 people.
The City of Santa Ana Public Works Agency is soliciting proposals for staff services from
consulting firms to assist in the Design, Construction Management, Plan Check, Project
Management, Inspection, Oversight and delivery of Public Work Services.
In the past, the City has utilized professional and administrative staff on as needed basis to meet
the goals and objectives of the City in the delivery of quality and on time services. The staff
services are an extension to the current workforce and work in conjunction to better serve and
complement the needs of the Public Works Agency.
In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide
engineering, technical, and administrative support services for Public Works. This request for
proposal (RFP) provides interested qualified firms with the information enabling them to submit a
Service Bid Proposal and to provide the services described herein. The City may select up to five
(5) consultants to provide the services described herein.
Description of Work:
On as needed basis, the Consultant/s will provide the City with professional staff to perform
engineering, technical and administrative tasks on the delivery Public Work Services. These tasks
may include: Engineering design for street rehabilitation and street widening projects plans and
specifications. Underground utility design and review for water, sewer and storm drain plans and
specifications; Electrical and Mechanical consulting, review of design of plans and specifications
for water infrastructure (i.e. development and permit projects) review of and processing of right of
way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic
Management and Residential Permit Parking program; Landscaping and irrigation system design
for public work projects. In addition, services may include traffic signal design, road striping,
survey services, contract management, project inspection and oversight, and administrative
support services.
City of Santa Ana RFP 24-001
Page Al-1
Consultant Responsibilities:
On an on -call basis, the Consultant/s might be requested to fill position titles listed below. The
Consultant's ability to fill all listed positions is desirable, but not a requirement.
Engineering/Technical
• Project Engineer
• Senior Civil Engineer (P.E. License Required)
• Assistant Engineer II, (Civil, Traffic, Electrical, Mechanical)
• Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical)
• Engineering Aide
• CADD — Designer
• GIS Analyst
• Land Surveyor (L.S. License Required)
• Project Manager
• Field Inspector (Construction)
• Field Inspector (Buildings)
• Storm Water Coordinator
• Plan Check Engineer (Grading, Street Improvement, Utilities)
• Map Checker
Administrative
• Senior Accounting Assistant
• Accounting Assistant
• Administrative Assistant
• Senior Office Assistant
• Contract Administrator
• Permit Parking Assistant
After the City identifies the need for a position to be filled, the selected consultant/s will be asked to
expeditiously provide resumes of the candidates for the positon. The City reserves the right to
interview any of the candidates prior to making the selection. Registered Professional Engineers and
Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents.
The City will accommodate the chosen candidate/s with a workstation, provide office supplies, and
City issued building access cards (temporary identification), if the City determines that the chosen
candidate will work at a City work site. Many of the parking areas at City work sites require payment.
The City does not reimburse for consultant parking.
City of Santa Ana RFP 24-001
Page Al-2
Sample Fee Proposal
Consultant shall submit a fee proposal as described below. The proposal will be used for fee
comparison and evaluation purposes.
The proposer shall complete this form and include it along with the billing rates breakdown. This
schedule will be used for comparison purposes only.
PROPOSER FEE RATE SCHEDULE
COMPANY NAME (date)
TITLE
Project Engineer $
Senior Civil Engineer (P.E., License Required) $
Assistant Engineer II $
Assistant Engineer I $
Engineering Aide $
CADD- Designer $
GIS- Analyst $
Land Surveyor (L.S., License Required) $
Project Manager $
Field Inspector (Construction) $
Building Inspector (Buildings) $
Storm Water Coordinator $
Plan Check Engineer $
Map Checker $
Senior Accounting Assistant $
Accounting Assistant $
Administrative Assistant $
Senior Office Assistant $
Contract Administrator $
Permit Parking Assistant $
BILLING RATE
Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will
be used to compare with an actual work request.
City of Santa Ana RFP 24-001
Page Al-3
City of Santa Ana RFP 24-001
Page Al-4
EXHIBIT B
Fee Proposal for
O� S A N T
9
�.y 7
DWI
IIIILLI_Jpllllllllll
ON -CALL LANDSCAPE
INSPECTION SERVICES
RFP 24-001
March 26, 2024
Richard
Fisher
Associates
i"* 4E:7
Richard Fisher Associates • Landscape Architects
4902 Kron • Irvine, CA 92604
(714) 342-5467 • rfisher@rfaland.com
PROPOSER FEE RATE SCHEDULE
RICHARD FISHER ASSOCIATES
March 26, 2024
TITLE
BILLING RATE
Project Landscape Architect
$150.00
Principal Plan Checker
$150.00
Design Associate
$110.00
AutoCAD Operator
$85.00
Certified Arborist
$145.00
Sr. Landscape Inspector
$145.00
Word Processor
$60.00
EXHIBIT 5
CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LADAYU
CONSULTING GROUP FOR ON -CALL ENGINEERING, TECHNICAL, AND
ADMINISTRATIVE STAFF SUPPORT SERVICES
THIS AGREEMENT is made and entered into on this 6th day of August, 2024 by
and between Ladayu Consulting Group ("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 for on -call engineering, technical, and
administrative staff support services
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 Work - Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of five (5) Consultants selected to provide Engineering, Technical,
and Administrative Staff Support Services on an as needed basis under RFP 24-001.
The total compensation for services provided by all Consultants selected under RFP
No. 24-001 is a collective amount not to exceed two million five hundred thousand
dollars ($2,500,000.00) during the term of the Agreement, including any extension
periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and
Consultant agree that all payments due and owing under this Agreement shall be made
1
through Automated Clearing House (ACH) transfers. Consultant agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Consultant's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on August 6, 2024 for a three (3) year term expiring
August 5, 2027 with the option for the City to grant up to one (1) two (2) year renewal,
exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in
accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture 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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the 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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require any subcontractors to obtain and maintain insurance as described below for the
N
entire Term of this Agreement against claims for injuries to persons or damage to property which
may arise from or in connection with services, products and materials supplied to City. Total cost
of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met
with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), with limits no less than $1,000,000 combined single limits. In the event Consultant
does not maintain commercial automobile liability insurance, City will accept evidence of
personal automobile insurance.
3. Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident,
policy or employee, for bodily injury or disease. Coverage is not required if Consultant
has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or
claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements
for each line of coverage shown above, City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following
provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds, under Consultant's CGL, Professional Liability, and
Automobile Liability policies, with respect to any liability arising out of work or
operations performed by or on behalf of the Instructor including materials, parts,
equipment, and personnel furnished in connection with such work or operations.
2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against
City, its City Council, its officers, officials, employees, agents, and volunteers for losses
paid under the terms of any policy which arise from work performed by Consultant under
this Agreement.
3. For any claims related to this contract, Consultant's insurance coverage shall be primary
and any insurance maintained by City, its City Council, its officers, officials, employees,
agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring
that Consultant's insurance shall apply separately to each insured against whom a claim
is made or suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
materially changed except after thirty (30) days prior written notice has been given to
City. Ten (10) days prior written notice shall be provided to City for policy cancellation
or non -renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701.
The name and location of project must be included in the Description of Operations
section of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California
with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, 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)
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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. 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.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
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
5
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
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 Contractors retained by City.
15. TERMINATION
Co
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.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
7
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Dan Garcia, PE, REA, CPP
Director of Engineering
Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274
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.
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.
[Signatures on the following page]
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:
SOMA R. CARVALHO
City Attorney
By:
Jose ontoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
I1saba
Digitally signed by Nabil
Nabil C a b a e:2024.07.0a 09:54:45
-07'00'
Nabil Saba, PE
Executive Director
Public Works Agency
0
CITY OF SANTA ANA
Alvaro Nunez
Acting City Manager
CONSULTANT:
Dan Garcia, PE, RED►, X
Director of Engineering
EXHIBIT A
SCOPE OF WORK
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ENGINEERING, TECHNICAL AND ADMINISTRATIVE
STAFF SUPPORT SERVICES
RFP NO.24-001
INTRODUCTION
The City of Santa Ana is located in the County of Orange in Southern California. The City
encompasses 27.5 square miles and a population of over 325,000 people.
The City of Santa Ana Public Works Agency is soliciting proposals for staff services from
consulting firms to assist in the Design, Construction Management, Plan Check, Project
Management, Inspection, Oversight and delivery of Public Work Services.
In the past, the City has utilized professional and administrative staff on as needed basis to meet
the goals and objectives of the City in the delivery of quality and on time services. The staff
services are an extension to the current workforce and work in conjunction to better serve and
complement the needs of the Public Works Agency.
In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide
engineering, technical, and administrative support services for Public Works. This request for
proposal (RFP) provides interested qualified firms with the information enabling them to submit a
Service Bid Proposal and to provide the services described herein. The City may select up to five
(5) consultants to provide the services described herein.
Description of Work:
On as needed basis, the Consultant/s will provide the City with professional staff to perform
engineering, technical and administrative tasks on the delivery Public Work Services. These tasks
may include: Engineering design for street rehabilitation and street widening projects plans and
specifications. Underground utility design and review for water, sewer and storm drain plans and
specifications; Electrical and Mechanical consulting, review of design of plans and specifications
for water infrastructure (i.e. development and permit projects) review of and processing of right of
way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic
Management and Residential Permit Parking program; Landscaping and irrigation system design
for public work projects. In addition, services may include traffic signal design, road striping,
survey services, contract management, project inspection and oversight, and administrative
support services.
City of Santa Ana RFP 24-001
Page Al-1
Consultant Responsibilities:
On an on -call basis, the Consultant/s might be requested to fill position titles listed below. The
Consultant's ability to fill all listed positions is desirable, but not a requirement.
Engineering/Technical
• Project Engineer
• Senior Civil Engineer (P.E. License Required)
• Assistant Engineer II, (Civil, Traffic, Electrical, Mechanical)
• Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical)
• Engineering Aide
• CADD — Designer
• GIS Analyst
• Land Surveyor (L.S. License Required)
• Project Manager
• Field Inspector (Construction)
• Field Inspector (Buildings)
• Storm Water Coordinator
• Plan Check Engineer (Grading, Street Improvement, Utilities)
• Map Checker
Administrative
• Senior Accounting Assistant
• Accounting Assistant
• Administrative Assistant
• Senior Office Assistant
• Contract Administrator
• Permit Parking Assistant
After the City identifies the need for a position to be filled, the selected consultant/s will be asked to
expeditiously provide resumes of the candidates for the positon. The City reserves the right to
interview any of the candidates prior to making the selection. Registered Professional Engineers and
Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents.
The City will accommodate the chosen candidate/s with a workstation, provide office supplies, and
City issued building access cards (temporary identification), if the City determines that the chosen
candidate will work at a City work site. Many of the parking areas at City work sites require payment.
The City does not reimburse for consultant parking.
City of Santa Ana RFP 24-001
Page Al-2
Sample Fee Proposal
Consultant shall submit a fee proposal as described below. The proposal will be used for fee
comparison and evaluation purposes.
The proposer shall complete this form and include it along with the billing rates breakdown. This
schedule will be used for comparison purposes only.
PROPOSER FEE RATE SCHEDULE
COMPANY NAME (date)
TITLE
Project Engineer $
Senior Civil Engineer (P.E., License Required) $
Assistant Engineer II $
Assistant Engineer I $
Engineering Aide $
CADD- Designer $
GIS- Analyst $
Land Surveyor (L.S., License Required) $
Project Manager $
Field Inspector (Construction) $
Building Inspector (Buildings) $
Storm Water Coordinator $
Plan Check Engineer $
Map Checker $
Senior Accounting Assistant $
Accounting Assistant $
Administrative Assistant $
Senior Office Assistant $
Contract Administrator $
Permit Parking Assistant $
BILLING RATE
Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will
be used to compare with an actual work request.
City of Santa Ana RFP 24-001
Page Al-3
City of Santa Ana RFP 24-001
Page Al-4
EXHIBIT B
PROPOSER FEE RATE SCHEDULE
LADAYU CONSULTING GROUP
TITLE
BILLING RATE
Project Engineer
$
180.00 / hour
Senior Civil Engineer (PE, License Required
$
180.00 / hour
Assistant Engineer II
$
-
Assistant Engineer I
$
-
Engineering Aide
$
-
CADD- Designer
$
-
GIS- Analyst
$
-
Land Surveyor (LS, License Required)
$
-
Project Manager
$
180.00 / hour
Field Inspector (Construction)
$
160.00 / hour (Prevailing wage)
Building Inspector (Buildings)
$
-
Storm Water Coordinator
$
180.00 / hour
Plan Check Engineer
$
180.00 / hour
Map Checker
$
180.00 / hour
Senior Accounting Assistant
$
-
Accounting Assistant
$
-
Administrative Assistant
$
-
Contract Administrator
$
180.00 / hour
Permit Parking Assistant
$
-
Associate Engineer
$
110.00 / hour
City of Santa Ana RFP 24-001
Page Al-3