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HomeMy WebLinkAbout25F - AGMT - ON- CALL ENGINEERING SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: AGREEMENT WITH MULLEN AND ASSOCIATES, INC., FOR ON -CALL ELECTRICAL ENGINEERING DESIGN SERVICES CITY MAOAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Mullen and Associates, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide on -call electrical engineering design services, for a one -year term expiring March 31, 2015, with the option to extend for two additional one -year terms by written authorization of the City Manager and the City Attorney, for a maximum of three years, in an amount not to exceed $300,000. DISCUSSION Approval of this recommended action will allow the City to enter into an agreement with Mullen and Associates, Inc., for on -call electrical engineering design services on an as- needed basis in support of capital improvement projects. These electrical engineering services may also include feasibility assessments, energy analyses, preparation of contract documents, permitting and construction assistance. On -call electrical engineering services have been used for City projects such as the Garfield Fitness Park security lighting and irrigation system; Plaza Santa Ana exterior plaza lighting; and security /walkway lighting for Jerome, Madison, and Mabury parks. The agreement is for a one -year period. However, if additional time is needed to complete the work, only the term may be extended by written authorization of the City Manager and the City Attorney. On January 9, 2014, the Public Works Agency released a Request for Proposals on the City's website, and also notified qualified consulting firms. Five proposals were evaluated and ranked by a review committee comprised of personnel from various City agencies. Ranking criteria included firm and personnel experience, understanding of need, relevant project experience, and references. The rating of the five firms is as follows: 25F -1 Agreement for On -Call Electrical Engineering Services April 1, 2014 Page 2 NAME OF FIRM RATING Mullen & Associates, Inc. 97.0 Henrickson Owen 95.8 Salas O'Brien 87.3 T- Squared Professional Engineers, Inc. 86.0 Parkia, Inc. 80.8 Following evaluation and ranking, the fee rate schedule for the top two ranked firms were opened and reviewed. They were found to be consistent and reasonable. Because of their ranking, staff recommends that Mullen & Associates, Inc., be retained for on -call electrical engineering design services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT These services are on an on -call basis and will be used only when funds are available in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William" a'�vez, P.E. Francisco Gutierrez Interim Execu it e Director Executive Director Public Works Agency Finance and Management Services Agency ATITE iti9ti Exhibit: 1. Agreement 25F -2 AGREEMENT WITH MULLEN & ASSOCIATES, INCORPORATED. FOR ON -CALL ELECTRICAL ENGINEERING DESIGN SERVICES THIS AGREEMENT, made and entered into this I st day of April, 2014 by and between Mullen & Associates, Incorporated, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of electrical engineering and design. The City desires to retain said consultant to perform electrical engineering and design consulting services on an "on- call" basis. B. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Program, desires to enter this Agreement with the Consultant for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CPR 570.000, et seq. ( "CDBG Regs "). C. Consultant represents that Consultant is not listed as debarred, is able and willing to provide such services to the City, and will comply with the CDBG Regs. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform electrical engineering and design consulting services on an "on- call" basis as set forth in the City's Request for Proposals dated January 9, 2014, attached as Exhibit "A" to this Agreement and incorporated herein by reference. Said services shall be provided by Consultant's persomiel and sub- consultants as set forth in consultant's proposal dated January 30, 2014, on file at the Santa Ana Public Works Agency. 2. COMPENSATION a. The City agrees to pay, and Consultant agrees to accept as payment for its services the rates acid charges identified in Exhibit "B" attached hereto and incorporated herein by reference, Exhibit 1 25F -3 The total sum to be expended under this Agreement shall not exceed Three Hundred Thousand Dollars ($300,000.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be, expected by City. 3. TERM This term of this Agreement shall be for one (1) year, commencing on April 1, 2014 and expiring March 31, 2015, with the option to extend for two additional one -year terns by written authorization of the City Manager and the City Attorney, for a maximum of three years, in an amount not to exceed $300,000.00. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles, The amounts of insurance shall be not less than the following; single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (o) contain standard separation of insured's provisions. 25F -4 h, Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles, c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney, (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination, Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, 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 25F -5 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 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. CONSULTANT'S OBLIGATIONS A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Consultant is a party or by which it is bound. B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy proceeding, C. No Pending Legal Proceedings /Debarment. Consultant is not the subject of a current or threatened litigation that would or may materially affect Consultant's performance under this Agreement, Consultant further acknowledges that it is not on the list of debarred contractors. D. No Pending Investigation. Consultant is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Consultant shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Consultant's operations hereunder. F. Audit Report Requirements. Consultant agrees that if Consultant receives Five Hundred Thousand Dollars ($500,000,00) or more in federal funds, Consultant shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Consultant shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570,000, et seq. II. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant's 25F -6 subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and /or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any promises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Consultant are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 1. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and all documents related to this Agreement shall be maintained and kept available at Consultant's office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG Regs. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not make the above - referenced documents available within the City of Santa Ana, California, Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Consultant shall submit to City and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and services rendered hereunder. K. Lobbying, Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised 5 25F -7 any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a City- assisted activity of Consultant, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an agent, employee, consultant, officer, or elected or appointed official of City, or of any designated public agency or the Consultant. M. Drug Free Workplace. Consultant certifies that it has established the following drug - free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Consultant will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of Consultant and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. N. Nondiscrimination. Consultant agrees that no person on the ground of race, age, color, national origin, disability, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity fimded in whole or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. o. Conflict of Interest. 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. Further, any conflict or potential conflict of interest of any employee /officer of Consultant shall be fully disclosed in writing prior to the execution of 25F -8 this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof Notice shall be sent by Consultant to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother -in -law, sister -in -law, father -in -law, mother -in -law, son -in -law, daughter -in -law, aunt, uuicle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities, S. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred prior to the effective date of termination, B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Community Development Block Grant Funds. hr the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, mrless such default is cured before the effective date of termination stated in such notice, If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of fiords under this Agreement may be terminated for convenience in accordance with 24 CFR 85,44. 25F -9 10. VENUEMUKISDIUHUIN 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. 11, VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 12. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O, Box 1988 Santa Ana, California 92702 -1988 With courtesy copies to: and, Public Works Agency — Executive Director City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, CA 92702 -1988 City Attomey City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 25F -10 Consultant: Larry D, Mullen, President Mullen & Associates, Incorporated 1200 N. Jefferson St., Unit "D" Anaheim, CA 92807 Phone: 714 -632 -6620 Facsimile: 714 - 632 -3849 13. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Agency fatly, including reasonable costs and attorney's fees, for any injuries or damages to Agency 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, c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof, A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. [Continued on final page]. 25F -11 IN WITNESS WHEREOF, the parties hereto have exeented this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS City Clerk City Manager APPROVED AS TO FORM: CONSULTANT SONIA R. CARVALHO City Attorney By: By: J e Str NAME Assistant City Attorney TITLE Tax ID# 10 25F -12 KEY RFP DATES: Issue Date: Letter of Intent: Proposal Due Date: Projected Award Date: 01/08/14 REQUEST FOR PROPOSALS (RFP) FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO.: 14 -003 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Suzi Furjanic Project Manager (714) 571 -4241 Office sfu rian ic(a7santa -a na.org Thursday, January 9, 2014 Tuesday, January 21, 2014 Monday, February 3, 2014; 5:00pm Monday, March 3, 2014 Exhibit A City of 2nta aa1 3 14 -003 (a) NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for "On -Call" Electrical Engineering Services. Responses to this Request for Proposals (RFP) will be accepted until Monday, February 3, 2014 at 5:00 p.m. Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. All notifications, updates and addenda will be posted on the City's RFP Bid page at santa- ana.ora /bids -rips. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. Questions regarding this Request for Proposals shall be made in writing via e -mail to the Project Manager as identified on the cover of this RFP and per "Instructions To Proposers Section I I.0 ". Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 14 -003; "ON- CALL" ELECTRICAL ENGINEERING SERVICES IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Suzi Furjanic Public Works Agency; 20 Civic Center Plaza; 3rd Floor, Ross Annex Santa Ana, CA 92701 Proposals shall be MAILED, HAND DELIVERED, OR COURIERED. LATE, TELEGRAPHIC, ELECTRONIC OR FACSIMILE PROPOSALS WILL NOT BE CONSIDERED. LETTER OF INTENT Interested firms shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email and shall include the following information: 1. Use formal company letterhead. 2. Indication of company interest in the RFP. 3. Acknowledgement of candidate's responsibility to monitor the City's website for any amendments or modifications to the RFP. 4. Provision of correct, complete contact information. City of Santa Ana RFP 14 -003 26P!14 (a) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 TABLE OF CONTENTS I. INTRODUCTION/ DESCRIPTION OF WORK II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE - PROPOSAL MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS I. STATEMENT OF QUALIFICATIONS II. FEE PROPOSAL III. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION A. KICK -OFF MEETING B. NOTICE TO PROCEED City of Santa Ana RFP 14 -003 25`x° l 5 u VII. PUBLIC RECORDS VIII. APPENDIX EXHIBIT A: SCOPE OF WORK EXHIBIT B: SAMPLE AGREEMENT EXHIBIT C: CERTIFICATIONS City of Santa Ana RFP 14 -003 2V:16 (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 I. INTRODUCTION / PROJECT DESCRIPTION The City of Santa Ana is seeking a qualified firm to provide electrical engineering services on an "On -Call" basis. The total cost for the contract shall not exceed $300,000. A detailed Scope of Work and agreement terms are attached as part of the Appendix. II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. Upon contract award, City will: • Provide copies of available plans and existing documentation on file. • Provide standard city boilerplate specifications. • Furnish electronic design file with City title block and title sheet (24" x 36 ") • Process plans for governmental agency approvals having jurisdiction over the project and pay for all plan check fees. • Act as a liaison with the appropriate decision making bodies. • Reproduce final Contract Documents for bidding purposes. All reproduction costs prior to bid documents are the responsibility of the consultant. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. City of Santa Ana RFP 14 -003 2V!17 D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, santa- ana.org /bids -rfps as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses /permits required by the Scope of Work, attached herein as Exhibit A, as part of the Appendix. F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. The packet is available on the City's website: santa- ana.org /bids -rips. H. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. I. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non- responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. III. SUBMITTAL REQUIREMENTS A. GENERAL I. Number of Copies and signature: Four (4) hard copies and one (1) digital file on USB Flash Drive (or equivalent) of your Statement of Qualifications shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana, per the City of Santa Ana RFP 14 -003 RX �. instructions above under "Notice Inviting Proposals ". One (1) copy of your Fee Proposal shall be submitted, as outlined below. II. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: I. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED PAGES (excluding front and back covers, section dividers and exhibits). Font size shall be minimum 11 -pt. The page limitation includes all appendices, attachments, and supplemental information. 1. Cover Letter — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team /sub - consultants who will be providing services, that outline their technical and design experience. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Proiect Understanding Statement: A statement outlining the firm's understanding of the scope of work, anticipated approach, suggestions or special concerns that the City should be made aware of, and tasks you feel are necessary for successful completion. Identify any assumptions and /or exclusions used in preparation of the scope of work and associated fee estimate. 4. Relevant Project Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. 5. References: Proposal shall include a listing of relevant projects, along with project exhibits, and references for three public entities for which Proposer has performed similar work within the past five (5) years. 11. FEE PROPOSAL: Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal ". The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. City of Santa Ana RFP 14 -003 26P219 III. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Exhibit C -1: Non - Collusion Affidavit • Exhibit C -2: Non - Lobbying Certification • Exhibit C -3: Department of Housing and Urban Development Section 3 Contract Clause IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm and Personnel Experience 20% • Understanding of Need 20% • Relevant Project Experience 20% • References 20% • Price /Fee 20% The City has established a proposal review committee to evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the contract to the proposer who will provide the best value to the City. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of a contract to the proposer providing the best value to the City. B. EXECUTION OF AGREEMENT A sample Agreement is attached herein as an Exhibit as part of the Appendix. `Proposer" will hereinafter be referred to as "Consultant' The term of the contract will begin after the contract agreement is fully executed, and all required bonds, insurance documents and contents of the Information Packet have been received and approved. VI. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 14 -003 25P -20 APPENDIX EXHIBIT A SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 General: The City is soliciting proposals from professional electrical engineering firms to provide electrical engineering design services to prepare contract documents (plans, specifications and "Opinions of Probable Cost ") and to provide limited field observation and construction support on an as needed basis. The total amount of each contract shall not exceed $300,000. A detailed scope of work will be outlined when specific project is assigned to a consultant. From the proposals received, the City will enter into an agreement with the selected firm(s) The work, in general, consists of general lighting and other projects requiring electrical engineering of City owned facilities citywide. The projects may include new construction or retrofitting /renovation of existing structures, site lighting, landscaping and irrigation systems, and other related projects as required. The consultant must be able to assist the City through this contract to provide the services needed. The consultant shall utilize in -house staff and /or sub - consultants satisfactorily to the City to complete the assignments. If any specialized work for is required where the prime consultant will require a sub - consultant, the prime consultant shall serve as an administrative liaison between the City and the sub - consultant. The prime consultant mark -up for sub - consultants shall not exceed 10 %. The proposal shall be limited to fifteen (15) pages, excluding any appendices material. A cover letter shall summarize key factors and guarantee that key personnel shall be committed to perform the required tasks throughout the duration of the contract. Detailed Scope: The Consultant's services shall include, but not be limited to, the following: 1. Research existing utility company and City records and coordinate proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. All survey field notes shall be submitted to the City and shall become property of the City upon completion of the project. 3. Assess and incorporate all design criteria and construction requirements conforming to the City of Santa Ana and other governmental agency requirements including, but not limited to The State of California Building Code 2013 Edition, the 2013 California Electrical Code, flood zone requirements, fire and security codes. 4. Complete design of projects including plans, specifications, and "Opinions of Probable Cost ". Consultant shall contact manufacturers and /or contractors to verify these costs prior to submitting to the City. City of Santa Ana RFP 14 -003 26F221 Specifications shall be written in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultants. 5. Provide digital files in CAD or Microstation which are formatted to produce drawings at 24" x 36" scale, on City standard title block and title sheet. City shall provide reference files for cover sheet and title blocks. 6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer in responsible- charge of the project. These signed originals shall then become the property of the City. 7. Upon completion of construction, as- builts shall be submitted to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as -built mylars shall be submitted to the City with an electronic copy of the final as -built drawings via CD or e -mail. 8. Consultant shall tightly control the quality of the work performed by in -house staff and /or sub - consultants. Incomplete (not meeting targeted % completion) or poor quality work will not be accepted. The consultant shall need to revise the documents within a revised schedule set by the City, which may require overtime. No additional regular or overtime hours shall be approved for the required revisions. 9. Attend meetings with City's staff as required. 10. Coordination with other Agencies as required. 11. Plan check coordination with the City of Santa Ana and other agencies as required. 12. Consultant shall provide construction support and be required to review and approve addenda and clarifications to plans and specifications. Consultant shall attend pre- construction meetings, attend initial job walk, final walk- through and assist with preparation of punch list, and attend final inspection as requested by City staff. City of Santa Ana RFP 14 -003 2SP-22 APPENDIX EXHIBIT B SAMPLE AGREEMENT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 THIS AGREEMENT, made and entered into this day of , 20_ by and between (hereinafter "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 (hereinafter "City "). RECITALS 1. The City desires to retain a Consultant having special skill and knowledge in the field of Consultant represents that Consultant is able and willing to provide such services to the City and is licensed by the State of California to provide 3. 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 firm. 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: SCOPE OF SERVICES Consultant shall provide services, as set forth in the, Scope of Services attached hereto as Exhibit A, and incorporated by this reference. Said services shall be provided on an on -call basis, at the written request of the Executive Director of Public Works. DEFINITIONS (if any) III. TERMS AND CONDITIONS A. OWNERSHIP OF REPORTS AND DOCUMENTS Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Contractor shall furnish the City all necessary copies of data needed to complete the review and approval process. B. TERM The term of this Agreement shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to ( #) additional ( #) - year periods on the terms and conditions set forth herein. Said options shall be 26P-23 exercised in writing executed by the City Manager, at least thirty (30) days prior to the end of the initial term or any extension thereof. C. COMPENSATION 1. City agrees to pay and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Consultant's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed ($) annually during the term of this agreement. 2. Invoices a. The Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: L Consultant's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and % of total services completed 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Extra Work No additional work shall be authorized unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Consultant will be required to provide detailed information of such extra work. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Consultant shall during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Consultant performs the services required by 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. E. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance: Consultant shall maintain commercial general City of Santa Ana RFP 14 -003 26P24 liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 2. Business Automobile Liability Insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3. Worker's Compensation Insurance: In accordance with the provisions of Section 3300 of the Labor Code, Consultant is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. Professional Liability Insurance: If Consultant is or employs a licensed professional such as an architect or engineer, Consultant is required to carry Professional Liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: a. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. C. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to City of Santa Ana RFP 14 -003 26P=25 property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. G. 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, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714- 647 -6956 With courtesy copy to: Public Works Agency — (Division) To Consultant: H. TERMINATION The City reserves the right to terminate the Agreement as follows 1. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Consultant either personally or by mail. Upon termination, City shall pay to Consultant that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 2. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of Consultant's compensation for Agreement services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or Consultant fails to satisfactorily perform Agreement services. City shall have the right to retain funds withheld until the projects manager or designee determines that Agreement services are performed as well and as frequently as required by this agreement. City of Santa Ana RFP 14 -003 26Fe -26 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Consultant shall perform all requirements under this Agreement in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Consultant warrants that the performance of services under this Agreement shall be compliant with the current requirements of the (particular relevant statutes and /or regulations) and as it may be amended or updated throughout the term of this Agreement. 3. Consultant certifies that it shall comply with the following regulations, as required by the (funding agency): a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of four (4) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. c. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". City of Santa Ana RFP 14 -003 26F=27 f.. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. I. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. m. Consultant agrees that the (funding Agency) shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. City of Santa Anay�RFP 14 -003 26P-28 Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non- exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and /or City purpose: (i) the copyright in any work developed through this Agreement; and (ii) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. J. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. K. 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. L. FINES The Consultant shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to Consultant provided services. M. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. City of Santa Ana RFP 14 -003 26F-29 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney Bv: XXXX Assistant City Attorney XX Executive Director X Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager FOR APPROVAL: CONSULTANT City of Santa Ana RFP 14 -003 29PI20 APPENDIX EXHIBIT C -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 14 -003 26P-31 APPENDIX EXHIBIT C -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana7QRFP 14 -003 26IF -12 APPENDIX EXHIBIT C -3: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a cc labor organization clause, and will pos and applicants for t Section 3 preferen apprenticeship and D. The contractor agre regulations in 24 C provision of the su violation': of the re violation ective bargaining agreement or other understanding, if any, a notice advising the r workers' representative of the contractor's commitments under this Section 3 copies of the notice in conspicuous places at the work site where both employees lining and employment positions can see the notice. The notice shall describe the e, shall set forth minimum number and job titles subject to hire, availability of training positions, the qualifications for each; and the name and location of the lications for each of the positions; and the anticipated date the work shall begin. where the include the Section 3 clause in every subcontract subject to compliance with art 135, and agrees to take appropriate action, as provided in an applicable ract or in this Section 3 clause, upon a finding that the subcontractor is in )ns in 24 CFR Part 135. The contractor will not subcontract with any ;ontractor has notice or knowledge of that the subcontractor has been found in s in 24 CFR Part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR part 35 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section (7) b of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest City of Santa Ana RFP 14 -003 26P53 extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7 (b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). For the purpose of training and employment the rip mare Section 3 covered project area is the area in closest proximity to the actual construction work site within the U.S. Census Tract in which the project is located. It is understood that priority for employment opportunity is to be given to residents residing within the primary Section 3 area as defined. A Section 3 area resident is any lower income individual residing within the Section 3 area, whose total family income does not exceed 80% of the median income of the metropolitan statistical area in which the project is located (Orange County). A public housing resident is defined by regulations as Section 3 resident, regardless of income. The contractor and each subcontractor certifies that they will provide, to the greatest extent feasible, opportunities for employment to lower income residents (local residents) and job opportunities in connection with projects in their neighborhoods.' For fiscal year 1996 -97, minimum goal for each project is 30 %. The Contractor /Sub- contractor /Service Provider by the signature affixed hereto declares under penalty of perjury: Contractor /Sub- contractor /Service Provider has read Section 3 requirements and accepts all its requirements contained therein for all of his /her operations within the City of Santa Ana. Signature Print Name and Title Signature 'Print Name and Title Signature Print Name and Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 14 -003 26=234 Firm Hourly Rates As of January 1, 2014: Electrical Engineer: ............................................ $140.00 Project Engineer: ................................................ $125.00 Senior Electrical Designer: ................................. $100.00 Electrical Designer: .............................................. $95.00 Computer Drafting: .............................................. $70.00 Clerical .................................. ............................... $55.00 Exhibit B 25F -35 25F -36