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HomeMy WebLinkAbout25M - AGMT - ON-CALL ENGINEERING SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 4, 2015 TITLE: AGREEMENTS FOR ON -CALL ENGINEERING SERVICES (NON - GENERAL FUND) (STRATEGIC PLAN NO. 6,1G) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reeding ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute ten on -call engineering services agreements with the firms listed below, subject to non - substantive changes approved by the City Manager and City Attorney, each for two -year terms expiring August 4, 2017, with provisions for up to two, one -year renewal options exercisable by the City Manager and City Attorney, for a total not -to- exceed amount of $250,000 for each firm over the entire life of the agreement, including any renewal period: • Harris & Associates • Psomas • Willdan • AECOM • Michael Baker (RBF) The total aggregate for all ten agreements agreements and is anticipated to be utilized Program budgets. • Kimley -Horn • Stantec Consulting Services • Mark Thomas & Company • VA Consulting KPFF shall not exceed $2,500,000 over the length of the based on the City's approved Capital Improvement Staff solicited proposals for on -call engineering services to support City staff in the delivery of time - sensitive Capital Improvement Program projects. On August 22, 2014, the Public Works Agency issued a Request for Qualifications to create a shortlist of qualified consulting firms. A 25M -1 Agreements for On -Call Engineering Services August 4, 2015 Page 2 total of 27 qualifications packages were received, reviewed, and ranked. On October 20, 2014, the top 11 qualified engineering firms were invited to submit proposals through a Request for Proposals (RFP) process that followed qualifications and selection guidelines for federally funded projects (RFP 14 -037). The proposals were reviewed and evaluated by a selection committee for content and responsiveness to the RFP requirements. As a follow -up to that review, it was decided to also utilize a process focused on local funding with a value -based selection process. The scope of work was also further broadened to be inclusive of water and sewer projects. On May 20, 2015, all 27 firms were invited to submit for the value based selection process for RFP 14 -037B, where cost and fee were considered as part of the initial rankings. Fourteen firms submitted proposals, and these were reviewed, evaluated and ranked by a selection committee for content and responsiveness to the follow -up RFP. Staff recommends that the top firms from each process be retained for on -call engineering services: Harris & Associates, Psomas, Willdan, AECOM (recently merged with URS), Michael Baker (RBF), Kimley -Hom, Stantec Consulting Services, Mark Thomas, VA Consulting, and KPFF. The ten highest- ranked firms from the entire process have demonstrated that they have the experience and resources needed to respond to a variety of the City s needs. Public Works will use a Task -Order system to ensure tasks are equitably allocated to all consultants. Initially, the top three qualified firms will prepare a scope of work and fee for the first task order. Proposals will be evaluated for value, the qualifications of the staff assigned, and the completeness of scope. Once a firm is assigned to a task, that firm will be moved to the bottom of the list to await potential future assignments. The remaining top qualified firms will continue to compete for the subsequent task orders. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the Citys Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action 25M -2 Agreements for On -Call Engineering Services August 4, 2015 Page 3 FISCAL IMPACT Funding for these on -call engineering services is available in the Fiscal Year 2015/16 Capital Improvement Program (CIP) and will be budgeted in future CIPs as identified in the attached expenditure plan (Exhibit 1). __ V k - Fre Mousa ipour Executive Director Public Works Agency FM /EWG /MS Exhibits: 1. Expenditure Plan 2. Agreement — Harris & Associates 3. Agreement — Psomas 4. Agreement — Willdan 5. Agreement —AECOM APPROVED AS TO FUNDS & ACCOUNTS: �E7✓ Francisco G ' rrez Executive Director Finance & Management Services Agency 6. Agreement — Michael Baker (RBF) 7. Agreement — Kimley -Horn 8. Agreement — Stantec Consulting Services 9. Agreement — Mark Thomas & Company 10. Agreement — VA Consulting 11. Agreement — KPFF 25M -3 25M -4 On -Call Engineering Services Expenditure Plan FUND ACCOUNT FY 2015/16 FY 2016/17 General Fund 01113250 $ 28,500 Donation - FOSAZ 02213200 $ 60,000 Measure M2 Fairshare 03217662 $ 280,000 Measure M2 Local Fairshare 03217662 $ 39,000 Measure M2: ACE 03217663 $ 18,510 Capital Outlay 05113263 $ 66,609 Sewer Connection Projects 05517660 $ 90,000 Fed. Clean Water 05717640 $ 343,050 RSTP 05917660 $ 100,000 Traffic Congest Relief HUT 2013 05917663 $ 30,000 Pavement Impact 05917664 $ 229,000 Water Capital 06617647 $ 65,000 Liability & Property Ins Fund 08009051 $ 216,000 CDBG 13518783 $ 336,123 CDBG 13518783 $ 71,988 ATP 14817613 $ 95,000 HRPP 16113262 $ 31,635 Drainage Assessment Fees 20217660 $ 1,342 Drainage Assessment Fees 20417660 $ 956 Drainage Assessment Fees 20517660 $ 542 Drainage Assessment Fees 20617660 $ 808 Drainage Assessment Fees 20717660 $ 20,000 Drainage Assessment Fees 21017660 $ 15,766 Drainage Assessment Fees 21117660 $ 182 Drainage Assessment Fees 21217660 $ 10 Drainage Assessment Fees 21317660 $ 5,923 Drainage Assessment Fees 22117660 $ 35,000 Drainage Assessment Fees 22217660 $ 35,000 Drainage Assessment Fees 22317660 $ 34,472 A & D Funds - District 1 31113260 $ 17,500 In Lieu - District 2 31213261 $ 57,084 In Lieu - District 2 31213261 $ 11,176 A & D and In Lieu - District 3 31313260 $ 148,824 A & D Funds - District 4 31413260 $ 15,000 $ 2,148,012 $ 351,988 $2,500,000 Exhibit 1 25M -5 25M -6 PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 5th day of August 2015 by and between Harris & Associates (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 A. The City desires to retain a consultant having special skill and knowledge in the field of: On -Call Engineering Services to provide engineering services on an as- needed basis. Engineering services may include, but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project /task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this the City may choose which consultant to assign the project/task to pursuant to this Agreement. 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 related field of expertise. 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. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one -year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. Exhibit 2 25M -7 2. SCOPE OF WORK Consultant agrees to 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. Additional Agreement provisions, if any, may be contained in "Additional Provisions" attached hereto and incorporated into this Agreement as Exhibit C. 3. SCHEDULE OF SERVICES If a Task Order is issued, Consultant shall complete services and shall perform and deliver them to the City as described and detailed in Exhibit A and per the Task Order provided. The City may request that the Consultant provide a proposed scope of work, schedule and budget for a particular project or work product within a Task Order. If the City approves the Task Order, the City will issue a Notice to Proceed ( "NTP ") approved by the Executive Director of the Public Works Agency or his /her designee ( "Executive Director "). Consultant shall meet the work deliverables within the Task Order, the schedule and budget unless otherwise adjusted by the City. Such services shall be provided per written request of the Executive Director after the City's issuance of the NTP. 4. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates, fees, and charges identified in Exhibit B, "Compensation ", attached hereto, and incorporated by reference, in an amount not to exceed two hundred fifty thousand dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). Exhibit B includes completed Federal Exhibits 10 -K and 10 -H along with all Consultant and subconsultant(s) rates and fees that comply with federal requirements. Exhibit D includes all previously completed Federal certification forms as part of the Proposal submittal in response to the Request for Proposals. These are attached hereto and incorporated herein as Attachment D- 1, D -2, D -3 and D -4. 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 disks (CD)s, USB jump drives or equivalent, 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 OA 25M -8 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. PAYMENTS & INVOICES a. 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: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and /or Task Order number andor name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 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. 8. 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 25M -9 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, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained. 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, except for 10 days' notice for non- payment of premium. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 4 25M -10 9. 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 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 "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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. 10. LAWS AND REGULATIONS Consultant shall keep itself fidly informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without 5 25M -11 reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. (Also see Exhibit D.) 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. 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 Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 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(s) 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. 11 25M -12 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. (Also see Exhibit D.) 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. The 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 7 25M -13 To Consultant: Harris & Associates Randall Berry, PE 22 Executive Park, Suite 200 Irvine, CA 92614 Phone: (949) 655 -3900 ext. 2314 Facsimile: (949) 655 -3995 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 facsimile, 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. Additional provisions, if any, are identified as Additional Provisions — Exhibit C, attached hereto and incorporated herein by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25M -14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Stotck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT: FRED MOUSAVIPOUR Executive Director Public Works Agency (Name) (Title) 25M -15 EXHIBIT A SCOPE OF WORK CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES I. GENERAL The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an as- needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land/property surveying, structural, architecture and landscaping design services and grant writing services. A detailed Scope of Work will be outlined when /if a specific project or Task Order is assigned to the consultant. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. Funding sources for each project may vary ranging from local, Measure M2, state and federal and each project/task order assignment shall comply with the funding agency's requirements. The projects may include storm drain improvements; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and /or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, and other related projects as required. On occasion, environmental and planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection. Occasionally, the City may also need geotechnical, mechanical, electrical and /or structural services. The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and/or sub - consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall 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 %. II. PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS &E ") for various projects on an as- needed basis. However, work tasks may include studies or a variety of engineering or other 10 25M -16 tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and /or Task Order. Specific Task Orders with Notices to Proceed ( "NTPs ") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible - charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and /or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared 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 Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and /or specifications accordingly. 5. 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 responsible /in- charge of the project. These signed originals shall then become the property of the City. 6. If a part of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: I1 25M -17 A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre - construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The 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 (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e -mail. 8. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and 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 revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation for regular or overtime hours necessary to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional - level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. III. GENERAL REQUIREMENTS 1. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 12 25M -18 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent eonstructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and funding agency requirements or audits if requested. 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. Information - 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. 13 25M -19 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 and the related guidelines that may be more recent. e. Political Activitv - 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 ". f. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub - recipients) 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 Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title lI of the Americans with Disabilities Act (ADA) (1.990); 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. Equal Employment Opportunity - Consultant, and all its contractors (or sub - recipients) 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. Anti - Kickback Act - Consultant, and all its contractors (or sub - recipients) 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. 14 25M -20 Davis -Bacon Act - Consultant, and all its contractors (or sub - recipients) 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. Contract Work and Safety Standards Act - Consultant, and all its contractors (or sub - recipients) 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. Clean Air Act - Consultant, and all its contractors (or sub - recipients) 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. Energy Policy and Conservation Act - Consultant, and all its contractors (or sub - recipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Star. 871),(53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. M. Patent - 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. n. Copyright - 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. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders 15 25M -21 EXHIBIT B COMPENSATION CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -22 M� Harris & Associates® February 2, 2015 Monica M. Suter, PE, TE, PTOE City of Santa Ana Public Works Agency 20 Civic Center Plaza, 3rd Floor, Ross Annex Santa Ana, CA 92701 RE: Harris & Associates is a Trusted Resources Who Will Deliver For Santa Ana RFP No. 14 -037 Dear Monica: Per our conversation on February 2, 2015, we have prepared this package with Forms 10 -H and 10 -K for Harris & Associates as well as our subconsultants. Unless otherwise noted, all firms are in compliance with rate requirements. We have assumed annual growth rates. This submission supersedes all previous. The Harris team includes the following subconsultants: • Albert Grover & Associates • BGB Design Group • C Below, Inc. • LEE & RO, Inc. • LSA Associates, Inc. • KDM Meridian • Ninyo & Moore Forms 10 -H and 10 -K for non - compliant firms: • LOR Geotechnical Group -- Not currently compliant. May get compliance, if needed. • Blais & Associates, Inc. -- Not currently compliant but remain on our list for non - federally funded pursuits. • Ficcadenti Waggoner and Castle -- Not currently compliant. Presently pursuing a federal audit to assure their compliance. Randall Berry, PE, is authorized to bind Harris & Associates. Sincerely, Harris & Associates j L tiY C f_J Randall Berry, PE Director, Engineering Services Rmdall.BerlT@wearcharris.com (949) 655.3900 x2314 IQ f <ecutiv� P,rk. State ),,j,) Irvine. CA 92613 6553906 xR ao .y Q QI O WU 0 edn w r1 N w a F� d ur O a °a a F N 0 U a d x O W G '00 O 0.i u V A a F dUd �i F 0 U O U a .z. z Q z a W W z w O F V F z U O N 0 C� ^Y I� r O O z C 0 i N U O N n d O zz 1y O O C �G zU 0 �i U I 0 U U o � N 'ti f� G O U O O w G o .5 b b U N HU G � W O o O O o Y 4 Cq b9 W C, o 0 0 II 0 W w z C F Q C z z C F a C; 1-� rQ V C F aC L C Cs a 25M -24 d� O N Gr � C n 0 N rl a a xwoz z z z z z z z o e o o e e o o e o 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 N In M M M M M M In M M In M M M M fig O � v O _ N N b V 'n ONM MM W W Oi �D iD �O M M M In �O �D �D vi Vl vt v1 Vl vi N N N ^. .. ti 69 £A rR 69 69 V3 Y3 69 69 6/-] 69 69 64 rA � 69 69 V3 69 69 � ro Vi v; s9 o s, m T U A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N�� N N N N N A ~ Q Q O (n M M M M (\ M O�1 M f\ M M M M �fn M On M M Q M fh M `W NN. N N Ni N N N N N N N N Ni PI N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N�i N N N N N N N N w W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO O M c0 lD h fn N V 1� O N 00 --i P M N O M O M l0 N C� Ol�b ooN� stn oo OMG� co <t '. '.bM b l� k N F: M M In N N N N N N �O sv EV SA Vi ss vj s9 fa fa sa fa v3 ss vj ss F»s�s9 azv v3 fa �s ro N7oo o n� w ty oo N o�w oma� oo a;-� -��?m cyM F fn V h 00 H b 00 O'J ti a b Vl b O O T o M to In M Hi 69 69 N N N N N Hi 69 (A l I 69 69 H3 V3 69 ER 69 69 69 69 Ni 69 .�i 69 b9 69 Y3 69 O o0 O In 00 tO h In l� to N O rn O N CO N 7 00 O h �D 00 N 00 N1 7 �D C; In O M M W 00 W m N - rn (n M N N N '. .~-� — ti f' — ,fin. — 69 H3 (/j Y] %3 69 69 fA H3 fA 64 fA 64 Y3 69 Hi fig 69 fR 69 Y3 ER 69 69 G W _ �o C Lrl � Q v Q OD U Q � s � W ❑ W ,W. F- •o .o m � •> U j U Cn 25M -24 d� O N Gr � C n 0 N rl a a x� O O ti G F V � o WU R ro u P. Ci V d' u 25M -25 N Vi y� O R N 0 a h N O U C S O z 3 U z z bp `O fy O R z z z 0 0 o e e e e o> o o <o 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M cn cn M fry fn M M M fn M ti x d � U vt l�h cn O N �n vi NO Q\rb viNO O � U P. m s�- ti � U N W N 69 H3 6R 6R 69 V3 69 69 64 V3 fA 69 69 69 69 69 69 fA 69 3 ro 9 U y�y N N 04 d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N 0 3 w M Q M M M M N N N N N N N (4 N N N N N N N hl N N N 0 O v O O O O O O O O O O O O O O O O O O O y � •.� i N G H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y3 69 69 G9 (i1 <H 64 69 69 69 69 69 fA £A 69 V3 69 69 69 Wy Vt lO W M M fn ul O OOO m wO\ NN rn d' � 77 � rnC d' V3 fA R69 696%4) ��6N9 4N9�� �6N4� ��� M CO O fn N CO M 7 ti IN 4fi £fj Vi 4Y N Vi 69 Vi � 6NA � � 69 Yj 69 69 4H N3 4Y O O U U p, C C en b q G U I 25M -25 N Vi y� O R N 0 a h N O U C S O 3 U R bp `O fy O R U U U O W y W s. � N � .o O ti x d � U � O > � � d O � U P. m s�- ti � U N W N p � G y y O a 00 O 3 ro 9 U y�y N N 04 d U Y '- w 0 3 w 0 0 O v II y a.7 y � •.� i N G H 25M -25 Local Assistance Procedures Manual EXIIIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -I{ CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07- Safe Harbor Indirect Cost Rate for Consultant Contracts found at httpr / /)vww. dot. ca. gov/ hq/ LoealPrograncs /DLA_OBIDLA_OB.htm in lieu of thisform.) Certification of Final Indirect Costs: Consultant Firm Name: Harris & Associates, Inc. _ Indirect Cost Rate: 170.82% * for fiscal period 01/01/2013- 12/31/2013 *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: _City of Santa Ana Contract Number: —14-037--- Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: I. All costs included in this proposal to establish final hndirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&eE Contracts: 1, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $130,500,000 and the number of states in which the firm does business is _3_ Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: LP'P 15 -01 25M -26 rage rmA January 14,2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) (All Subconsultants included) Proposed Total Contract Amount (or amount not to exceed if on -ca[l contract): $ 200,000 Prime, list all Subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: Gary Weld Title: President & CFO Consultant Certification Signature *" Date of Certification (mm /dd /yyyy): Consultant Contact Information: $ Email: Randall.Berry @weareharris.com Phone number: (949) 655 -3900 , Ext 231 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants Hurst comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CPR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore, subcomailtants as parties ofa contract must complete a rectification and send originals to A&I and keep copies in Local Agency Project Filer, Distribution: 1) Original to Cal trans Audits and Investigations 2) Retained in Local Agency Project Files Page 2 of 2 LPP 15 -01 January 14, 2015 25M -27 x� 00 �a H L O wv c bll 4 �L W 6 W Q G7 P. 0 U w a x x W 7 b 0 4 QI u 0 ti V O U O 0. z Q W z w z 0 U a 0 U 0 a U Y N U U b A O N N C N 'p N N O Q U 0 C` O\ O N II a o z � b C G U ,ti ¢ G 0 rn � g aJ N '00 � 7 �e �o dl + Is o� ti x ¢ o O x N �o z U w O 0 0 W w z 0 Q H d U Q U 0 O w z z a x G a bb U Q ¢ Q ¢ d xw a 00 00 0< vo 00 °o oa m M m rn M M rn rn rn m M m rn rn m v3 o° o C O v? N h N �T I'D h C� N N M It In �� V V V 7 Yi 6964 Vi rA 64 64 Ni 69 6R 69 £A 6469'69 696469 6469 Ni ` O V T 7 U ¢ F In 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l7il 0 N N N 0 0 0 N 0 N N 0 N N N N N N N N O mmm r�mm r� mm Mm m mt� r� r\mm mmt� F" N N N Ni N N N c- N N N N— N N Ni N N N N Sap O N W0 0 0 0 0 0 0 0 0 0 0 0 \0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v FZm o T "i. M 00 rn lh r.j �' 7s Uj bN9 6N9 6N9 f!3' V? 6N9 Vi' H3 Eff fA 4A V? Vj rH �C 0 w � � 0 i4 15 25M -28 v� 0. d" L N 5 I 0 a. .a] i y O p SxC ° w� n N 9 U L QI N u d U a d ¢ d d d d d d d d d zz 'z z z z o 0 0 0 0 o e v o o o 0 o a o o e o M fh M M M M M M M M M M ffl Ol M M M M M M Cry fh 1p' 00 G1 OO N In Vl 11 lD 00 O M O N M Vl b 00 00 Vl Vl O O 00 00 01 V V V V 7 7 7 V V V V V V V V V V V M rn to rn In f1 7 N N N N N N N fA 69 69 69 69 Y3 !H 69 69 Yi fR 69 69 64 69 69 69 Vi 69 69 69 69 69 69 fA 69 Yi 69 £A 64 y9 69 V3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N0 N N N N N N N N N N N � tn M In M M r\ M M M M M M M IN CN M �� fN M M P\ M N M M M fN M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o0 O Vl 01 On M V 1p al vl N f�1 V �D M N In In M o0 M f1 00 N �--� �p p� V D\ fh h (V In M M \O O V h O r'1 O (V V cn V1 Ih � � Vi V3 69 69 s9 s9 Hi E/j 69 vi � 9 � � 69 EH vi vi 64 69 vi vi V3 69 vj EA Vi H3 6A fA V]-� (vh C Rt W u C W a y z Ln a d H .a rn Q q vi d n. cnp x d a W W W 25M -29 5 w ya G O � 7 � y U b U U W U O U U � Q � �F1 U N N O N a ❑ � y b � N w a � s by C p G C � U d U N OL u �3a y � 5 0 N N y v U pq m L F zww° Q� N • s N nNi yp O �p N a, dr A h 0 QI a Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe harbor Indirect Cost Rate submit Attachment I of DLA -OB I3 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at http: / /www. dot. ca. gov/ hq/ Loca1Programs/DLA_OB/DLA_OB,htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Albert Grover & Associates Indirect Cost Rate: 219.68% * for fiscal period 01/01/2014 to 12/31/2014 (mm /d&yyyy to mm /d&yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa An Contract Number: RFP # 14 -037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $7,325,000 and the number of states in which the firm does business is 1. Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: LPP 15 -01 25M -30 Page 1 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ n/a Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: Title: Vice President Consultant Certification Signature Date of Certification (mm /dd/yyyy): Consultant Contact Information: Email: mark@albertgrover.com Phone number: 714- 992 -2990 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S. C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual orfirm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A&l and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files Page 2 of 2 LPP 15 -01 January 14, 2015 25M -31 x� O O ^ CL H L O WU O C� a d O 0 °a QH O U a W 0 rl ti �yy VV W d O Y u 8 QI d u Y h a yF [4 z U O U W .7Z 6 W z c7 z W O F z U In 0 N N N N Q r to O a z U O M b O � d zA N � Iy aO x y � z� R �i N O Ci U O t^U+ 0 U 0 0 b � O 0 5 o b b b cd O U > O + c 0 W N o � +' S W b O N U w 0 a 0 C1] w z 0 O O U a U O E Q a C L z a 25M -32 vw d� � O O N L A a a 5 5 x. A G 9 O N iC � V U � � W J ti U w U 5 O N U ti .Y N x L W T ti u ^ � O H � J bOA b N O > � � Y ti bq y P o a a � 5 a.o L O Rj d b U 0 W }f U v G Y � o O O O nn o � y Lb a O �- � a 5 b 0ON 'v y Ci N 4 U `m r V ,ZW W Qw° o �n o�� w p N U N N ... .. ... .U. .U. a a U x�oz z z z z 0o ao 0o eo oe 00 00 00 00 00 u Mrn m m mM mm Mfg 64 � O s0. U o .5 IN O O N O O Vl rn O f0 N h O O In In N IN L O s0, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N O rn M C� M r\ M rQ M M Q� rQ f\ M M M F N N N N N N N N IN N N N N S O m 'OR 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b M M k rl 0 1 (V Vl S O N CO o0 T h b N In f� r� O O O �� � O 69 69 69 69 f9 fA 69 64 69 69 N3 69 N L- M ~ 00 In W Vl C1 In V 00 C1 N Vl O O"� 69 69 69 69 H3 69 49 b9 fR 69 69 Y3 69 69 V3 i b N T O b rn N b w N d O O N x0 O� O0 O0 M lO N M b c0 O r W O O N N N fn In 7i N 01 O O Yi --i f� Vi £A 69 69 69 EA rn V3 Vi 69 69 fA 69 V3 64 ..O 0 t4 w YU U ^ p a U O U ro pps 25M -32 vw d� � O O N L A a a 5 5 x. A G 9 O N iC � V U � � W J ti U w U 5 O N U ti .Y N x L W T ti u ^ � O H � J bOA b N O > � � Y ti bq y P o a a � 5 a.o L O Rj d b U 0 W }f U v G Y � o O O O nn o � y Lb a O �- � a 5 b 0ON 'v y Ci N 4 U `m r V ,ZW W Qw° o �n o�� w x� O p � p Pa p W U N N 0.i N a O a a w F V7 O U a x O x W cQ 0 w u a u ro n d U O U O W z W O U O Un N4 N N Q [LL W z U O U 7 y 0 U Do O N O 25M -33 I O z O �F T AV A b 4 v O Y Q N N p y V yp O c � O U R 3 v b F II U U N ro °• o O ro v ° �+ F U O O C ^N N x ° F GL z F z ° W C m ',S o o y q � GO G'OO ro 0 � o ° � R, Cy v a «• m U C O � U U (y N N a U � F b ~ N O V G F� � 9 U .��•Ob O d Y•° o'�,b 0p c � 3 O •G c � � v '� V] Q'LgU F d'P7U ♦' �' Tn+ C y 'O .'O U p .d .n H .a H F ® O U U H ZD o F_ ACy1 a � F F z a ^ F-I I"1 U aic4cS F ¢aim a F � O � U Q F F F F F U V, b4 O � O N4 I 25M -33 I O z O �F T AV A b 4 v O Y N N p y V yp O c � U R 3 v b U N ro °• o O ro v ° �+ O O C ^N ° GL W C m ',S o o y q GO G'OO ro vO°i ° � R, Cy v a «• m O U U (y N N b ~ N O V G F� � 9 U .��•Ob O d Y•° o'�,b 0p c � 3 •G c � � v '� ♦' �' Tn+ C y 'O .'O U p .d .n n i Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Con tracts,/bund'at hitp://www. dot. ca. gov/ hq/ LocalPrograms/DLA_OBIDLA_OB.htm in lieu ofthisform.) Certification of Final Indirect Costs: Consultant Firm Name: BGB Design Group Indirect Cost Rate: 188% * for fiscal period 1/1/2014 - 12/31/14 (mm /dd /yyyy to mm /dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: RFP 14 -037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ and the number of states in which the firm does business is 2 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: LPP 15 -01 25M -34 Page 1 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -I{ Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: Title: Consultant Certification Signature * *: Im Date of Certification (mm /dd /yyyy): 1/30/2015 Consultant Contact Information: Email: artna bgb- ine.com Phone number: 714.545.2898 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 USC. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state.: Consultant means the individual orfirm providing engineering and design related services as a party to the contract Therefore, subconsultants as parties of a contract must complete a certification and send originals to A &land keep copies in Local Agency Project Files. Distribution: t) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files Page 2 of 2 LPP 15 -01 January 14, 2015 25M -35 xi R O O ti C O � U 0 W a �i a 0 a 0 a F O U a x O W C 'CO W i �4 q Y ti U 0 h U U O U CW. Q a LW'-1 C7 z W 0 U a z u O N N N N Q M 0 a z R C. O Le O N w ill O a � zA N 7 4 6 x N C z� 0 U C �i N U U b b �r G 0 MW 0 O Y d 9- G O 'jy b A 0 0 N o M� b W � � W w c O II 0 w w A • J C F a C w z c a O O U N U U U w^ y L T td � a l� Vl M h Vl M h Vl f�1 xwoz <o 00 00 0o e 0 0 0 0 0 0 0 o p o 69 �y � O o .5 i� O N M O O IO In in In r h In �N N N N m M R1 M M M M [rt M M }] C!i 6R Y3 69 64 69 69 6R 69 64 (H vi 69 69 L O vim, O m 0 0 0 0 0 0 0 0 0 0 0 0 0 cl N W 0 O O O In 4n �O N N 000 00 W m W VNi b b d0' V oNa oo oa i F .+ --i •--i Yi V3 fA M In M 01 iG is s9 si sv 2s iA ss n vi OM In M Nn T� 64 V369 �36%�'6969�69696969 Y369 M N O O O ti M d. •--� M� � M d' 69 Uj 59 fA 69 H3 � 64 � s9 N3 69 � O (� iZy � �itil f/] o I �❑ Ip IC I P4 z 0 t U 9 > y U U U m a F F F 25M -36 v � y� O O N a ti C h 7s O � � O U C ti O N U U U W O � £ Y CL 4. U N ti W T N � a C b4 N O 5 =¢ w O y N P : C y p O � c � •ly U Y O �w y y v iR+ q y 5 � o en N y O y o V D u �e �r F C o_ U N x e .w 0.1 W N N N a d O ^^O I� H 0 5a O W R c F b V a u w u 0 W F 0 U O V a .Z. �z6] W 0 O 0 N N N Q M 0 z G O O V 0 h 0 25M -37 L1� F O z z H O T N A 9 w � " a � N .CV y 3 u b O Y b ON F itl oo ro K � S o o � a m v II U A > > O bO �-7 O C y vd ro R U a b � T a aW a C o c 'F. H F •Y � � b h � N s ti z a �� y N m p a „•3 . ro za E qq o F � y O� S O rte-• T N N N R > C 0.p O N V N y � �d y y N O O O z FQ o m a" E o z � R W pp ,b U .d u N F V ro ,G O N O O� O a '? � o � �n !a Vi ti � N N h H F O OF U II zz U F O a a � z N 0 P� w p N � � a .. r O W z Q �+ U N O N vUi ^ G. W P., 0 v°i — 25M -37 L1� F O z z H O f i T N A 9 w � " � N .CV y 3 u b Y b ON bC itl oo ro K � S o o � a m v A > > O bO �-7 O C y vd ro R U a b � T a aW a C o c 'F. •Y � � b h � N s ti a �� y N m p a „•3 . ro za E qq o y O� S O rte-• T N N N R > C 0.p O N V N y �d y y N O O O o m a" E o �• O P. O U N O b O R W pp ,b U .d u N F V ro ,G O N O O� O a '? �n f i Local Assistance Procedures Manual EXHIBIT 10 -I{ Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If'requesting to utilize the Safe harbor Indirect Cost Rate submit Attachment 1 of DLA -OB 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at http:// www. dot.ca. gov/ hq/ LocalProgramsIDLA_OBIDLA_OB.htm in lieu of thisform.) Certification of Final Indirect Costs: Consultant Firm Name: Indirect Cost Rate: C Below, Inc 148.51% * for fiscal period (01/01/2013 to 12/31/2013) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: 14 -037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 50,000 and the number of states in which the firm does business is I Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: LPP 15 -01 25M -38 Page 1 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ N/A Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all Subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: Michele Shams Title: Controller Consultant Certification Signature * *: --- -ids__ -- Date of Certification (01/30/2015): Consultant Contact Information: Email: micheles @cbelow.com Phone number: 909 - 606 -6111 EXT 801 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultantsmust comply with the FAR Cost Principles contained in 48 CFR, Part 31, 23 CFR Part 172.3 Definitions state: Consultant means the individual orfirm providing engineering and design related services as a party to the contract. Therefore, subconsidtants as parties of a contract must complete a certification and send originals to A&l and keep copies in Local Agency Project Files. Distribution: l) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files Page 2 of 2 LPP 15 -01 January 14, 2015 25M -39 x� aQ p L QI k O WU 0 N w N a G d UJ O a w U1 O U H �a W R L ro m u v a u ro .y u a B N �i V1 y O O N U � U M o L O N � G 0 U II v 0 3 FL o� x za w b 0 0. 'L z� O ti 0 w w C F QC G a C w z z C F Q G C Q C L a G k C `a C O O O y U CW. �yC O �Zy d N N ��d W LV O L C xw C7 M z z o Oz W � � + o 0 o C e F p z 0 0 O O 0 0 0 o O O O O U U o O N N Vl N V3 � v b 'Otl � P 0 L O L H o c o .S O N N O 3 FL o� x za w b 0 0. 'L z� O ti 0 w w C F QC G a C w z z C F Q G C Q C L a G k C `a C N � U T �y O L C xw 'z z z z Oz 0 o C e o o e o 0 0 O O 0 0 0 o O O O O U M M N N N Vl N N Vl N V3 � O U o .S N N O N �D O cY 'V O O N 0 0 0 0 Nfn �n NEON � BOO Omm OG1 C1 G1 •-'i In M M 7 M M d' N 69 69 69 64 H3 EA fA ff] Yi V3 Hi £A (A Hi 69 L o � v d � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T f\ M M M M C\ M M M M M F N Ni N N N N N N N N Ni N N Ni N 4- N R b � ti � N \O l� � � � ti � � _ _ •Ni •Ni .�-� j 0 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0- 0 0 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 d d d d N z z z z z NO z r, 'm T o T. 0 oo�oa�o.- .00N�o .-o BYO N W M O o0 ti N 01 nl W 7 M In Mi � 6N9 6N9 6N9 £A fA 69 6R 64 b9 69 69 69 69 69 69 O bq .� non •� •� y •a F �W o a3 ti U `?] ib z P7 � bq•� U q � Y 25M -40 C C C O G D O y O U U p w Pi O N s. u ti w T N 9 w cia S. ti � U Y an U a � y p o ❑ c O a � W o wai Tw T R.o ❑ U ° 3 y Y _ % o o* ro g`v v O T y a w U ro i H a o u u a 5 c ro a9i � O m b - � m i zcowo Q° W e•M 1n v� R fJ Or y^ R 9 A h 0 ti W a xN 0 0 a � L Q O W U R a G d L ^O u L O R i u a N � o F' N N a O y N A Q � cC 0 Y p ° N F� W a w N z z ro a x z a pa z_ Q u � ro O' ° z a U w x w W � O � o O z U xi ^ � w W O °x •V W 0 p 25M -41 UJ O z z H 0 � L b O N N b T rl N O O V y R rJ. o ro C O.� .0. q II N q N r q j N U " v q b � V ro ro W ti q .q. .4: U U O R N x p> v C7 °o y o v a o a •o o � o � m H aw q m o o w U'U F.aA U Z O d O >. 'q b � `n ZO V] c4 0 q FG ti H LL .q m V 'g ti U C U Rii > Ca > N Fn E O C avi � d lYl U F d Oa U H H rj O O U U II U z H H H F � Q o Oz Q O u en U A Q v > F d ro U d ro U H U H H z o d U H O O U O p" 0 Q of droll LH droLS 25M -41 UJ O z z H 0 C1 � L b O N N b T rl N O N V y R rJ. o ro C O.� .0. q N q N r q j N U " v q b � V ro ro W ti q .q. .4: U O R o p> v C7 °o y o v a o a •o o � o � m aw q m o o U'U F.aA N G N d O >. 'q b 0 LL .q m W ti U C U Rii O O e� Oy N Fn E O C avi 0 y O q rob O b0 y C1 Local Assistance Procedures Manual EXHIBIT 10 -I{ Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA -OB 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts,found at http: / /www. dot. ca. gov/ hq/ LocalProgramsIDLA_OBIDLA_OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: LEE & RO, Inc. Indirect Cost Rate: 170% for fiscal period 01/01/2015 to 12/31/2017 *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: Citv of Santa Ana Contract Number: 14 -037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Cattrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $0.00 and the number of states in which the firm does business is 1_ Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: LPP 15 -01 25M -42 Page 1 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all Subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: M. Steve Ro Title: President Consultant Certification Signature * *: 1 Date of Certification (mm /dd /yyyy): 01/30/2015 Consultant Contact Information: Email: rick.liskow @lee- ro.com Phone number: (626) 667 -5329 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31, 23 CFR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties ofa contract must complete a certification and send originals to A&I and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files Page 2 of 2 LPP 15 -01 January 14, 2015 25M -43 oa ti Q � fY O wU w m w N W .a W r7 O W °x a, F O U Fa VO 0 m ti W 7 Ot d `e O 0.i d U R y .y d u a 0 N O o U $ � o b II ° o 9 W o W U c^. � O O O O \ N U N O O ti •� V itl W Q ¢ N zz o W z e z 0o c7� 00 Y3 q [Z� 0 Y 0 + U U o ° o x o v ° o v N 00 7 ~ � b O M h N M I Vl r W C` C` h Vl V1 Vt Vt V1 Vl N Y3 64 A (H 69 69 ¢ O ¢ Iv O a + 0 7 N d O by VO- U o z In 0 Y � W 0 0 0 � W o z z 0 h O h U U IN I �i � O J x. 4^ 00 e o0 0o ao 00 Y3 q o ° 00 O N N 00 7 �/1 N 01 ¢M O M h N M I Vl r W C` C` h Vl V1 Vt Vt V1 Vl N Y3 64 A (H 69 69 69 69 fR O U ¢ .O 0 i0 0 0 0 0 0 0 0 O b 0 0 0 0 0 0 0 0 0 �� os000a000 0 0 0 W 0 0 0 0 0 0 \z N 'zz'z \z \z \zzz cl� O =F �4 0 L N 6N9��Hi Y369 V36969 U a w ¢ � v N L1n � U c Q x � 25M -44 w C O = � o N U O � � N yy �Os R G Y " Y W N � � 'y N «p � Y x � G ¢ U W � L Y � o 7 y G � 3 R ° ww.a w Y N A ++ Goy °a 0 y y zmu. cap° W� N N b w fq It a W Q 0 0 a P. H U a d 0 h W U V O U 4 z z 6 z W 0 z 0 v v� b4 N R L R G ti .-r O N N N Y Q r O V z 0 U ro ° ° A a L O Y O x� 0 0 H Q O W v R C d ro u c°. d G w d R e rl 25M -45 W O z O a T N p b W O T a N N 'O jT y yU U a " m C A r N� � b 7 O Y II N m C7 .c c z a m c o 0 7 H F ❑ N.:i 9 0 M O N .� V z O o o b O ° W � o U N z LC N V O .°i F 9 R O C a.0 O N'� 4 y Y V O OV �. .� L y U ° o S b w° y O V � C•W V cC F .WF. v � W m d H F O Q U F F� u A F F z F z 5 F Pa q N � Wi ¢PSu H ¢ aiL? U F 0 m � •° OQCi cC � hq q v°i d W U g H d CO V 25M -45 W O z O a 7 i T N p b W O T a N N 'O jT y yU U a " m C A r N� � b 7 O Y N m C7 .c c a m c o 0 7 O ❑ N.:i 9 0 M O N .� V C .v w •yN� O o o b O � o U N V U LC N V .°i F 9 R C a.0 O N'� 4 y Y V O OV �. .� L y U bA :2 .5 F o S b w° y O V � C•W V 7 i Local Assistance Procedures Manual EM-11BIT 10-K Consultant Certification of Contract Costs and Financial Management System FxllllllT 10-K CONSULTANT CERMICATION OF CONTRACT COSTS AND F[NANCJAI. MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate subunit Attachment I of DLA-OB 13-07 - Safi Harbor Indirect Cost Rate far Consultant Contracts found at http.Iltvwti,.doi.ea.govlhqlEocalPrograinsIDL4—OBIDL4-"r OB.htni in lieti of thisjurat.) Certification of Final Indirect Costs: Consultant Firm Name: Indirect Cost Rater 186.09!/jL * for fiscal period 06/01/2013 to 05/3112014 (maVdd/My to mnVdd/yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period), Local Government: City of Santa Ana Contract Number: 14-037 Project Number; L the tradersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief I , All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31, 2, This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System, 1, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18,20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&E Contracts: 1, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrairs or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $27,185,628,03 and the number of states in which the firm does business is $, Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31, Allowable direct costs to a Government contract shall be: Page I of 2 11pp 15-01 January 14,20B 25M-46 Local Assistance Procedures Manual EXHIBIT 10•K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). I Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on-call contract): $ TBD (On -Cali) Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on-call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) Consultant Certifying (Print Name and Title): Name: Robert H. McCann Title: President Al CX/ Consultant Certification Signature": Date of Certification (mirilddlyyyy): 0113012015 Consultant Contact Information: Email: Rob,McCaxm@lsa-tissoc.com Phone number: 949-553-0666 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract, Note: Per23 U.S.C, 112(b)(2)(8), Subconsullants inust comply with the FAR Cmi Principles contained in 48 CFR, Part 31, 13 CFR Part 1723 Definillonsstacc, Consultant means the Individual orfirwiproviding engineering and design related services as aparly to the contract, 1herelere, saboonsuttancts as parries of contract mast complete a Certification andsend originals to Ml and keep copies in Local Agency Project Files. Distributiout 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Fito Page 2 of 2 11PP is-of 25M-47 January 14, 2015 x� 1 ti 0 0 .. a ixC o W V F J a � c C c a o t Es m xoy O ,a pF] y t=] U �y W � E � y a O U R 4 a w 0 Pr m G w .N d w 0 .a Q z 0 V O a � F L � z �z m z 0 �F G H e .a u V z Q P 0 z z a m 25M -48 G p lti K � O x n u'W u G � u � N y p � bll E � ° H E o v C� w v n m oa d y Q = ` v a v�� o c a p F O j G � G � V � � C E ^v ^ m T� T y + S a O O G y a r d v n m E E � m E c c a zm��q O n4Mz. 0 N .w N 1--1 0 vA F. W c T � 0 5 P M Q O z' » w» In wln a asswasa a as a ease a v f»ss a ss v. ��or �n nor �n to ran nor v� br M�a ran btu v+b r �r+br O O O O O O O O^1 O O O O O O O O O O O O O O O O O O O a ^ r. b r. b r h h b h b r E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N o^ o�ro� b.o �G rn rer o b�PM N Nb ��nc b �n o3, rP obcocie �n -. o; PmP o a r i mhlo O E9 Vi a a W b3 d3 69 A fA E9 a Vf W a a a a d3 69 fA a E9 69 f9 aaa as � ar»a ss lnw aauaaa a »a aaar»ssa Ow N O P V M^ r w r v1 4 A P P P OI r b M M '. b M aav� vi nw waaaa.n ssav� avi ss ssaa aaa Inca b O y (l A :�J U p0 •_ > 11 N 25M -48 G p lti K � O x n u'W u G � u � N y p � bll E � ° H E o v C� w v n m oa d y Q = ` v a v�� o c a p F O j G � G � V � � C E ^v ^ m T� T y + S a O O G y a r d v n m E E � m E c c a zm��q O n4Mz. 0 N .w N 1--1 0 vA F. W O o ti (y H L Qq O WU 0 G A L u u V Y u w Q u 0 M 25M -49 F °z F a O 5 T p � b w � 6 N N 9 T O O O $ v o R a `tl o 3 � � a� Y O T U 0.O pN N G A N w 3 0 o T m •o ¢ w II ,� C O O b N 00 00 N � d F U 7> ti U U U N *� z H x A ou 5 - F a .n a � •3 � � .ter z � � U F U V N Vi N vl h•c .5 5zyb o 0> > A O'O b O m w o ti ro¢ c 0 b � 0 �`v o Ri d .-• � � b O O z U GG F F q vai QP]U H Q P7U F H F � O 0 V a z 0 o z m I�i q va, �oacS o F ¢ a v U F O F� N N iC i6 y 7 q HU Q'Q¢Q zu.:33 F z p W W 4 W W U F m HW $•o F v a g o � aoi q � 25M -49 F °z F a O 5 T p � b w � 6 N N 9 T O O O $ v o R a `tl o 3 � � a� Y O T U 0.O pN N G A N w 3 0 o T m •o ¢ w ,� C O O b N 00 00 N � d 7> ti U U U x A ou 5 - a .n a � •3 � � .ter U U V N Vi N vl h•c .5 5zyb o 0> > A O'O b O m w ti ro¢ c 0 b � 0 �`v o Ri d .-• � � b n Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EX11tBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEIMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA -011 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at http: / /www. dot. ca. gov/ hq/ LocalProgram &IDLA_OBIDLA_OB.htne in lieu ofthisfarm.) Certification of Final Indirect Costs: Consultant Firm Name: KDM Meridian Indirect Cost Rate: 181.0% * for fiscal period 0 1/0 1/2015 to 12/31/2017 (mm /dd/yyyy to mm/dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: 14-037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Manaaement System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 950,000.00 and the number of states in which the firm does business is 1 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: LPP 15 -01 25M -50 Page 1 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: Title: Consultant Certification Signature * *• Date of Certification (mm /dd /yyyy): 2/1/15 Consultant Contact Information: Email: accountinena kdmmeridian.com Phone number: (949 768 -0731 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(R), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual orfurm providing engineering and design related services as a parry to the contract Therefore, subconsultants as parties ofa contract must complete a certification and send originals to A&1 and keep copies in Local Agency Project Files. Distribution: t) Original to Calhans Audits and Investigations Page 2 of 2 LPP 15 -01 January 14, 2015 25M -51 x� ao a. x �I O WU R a c v v b V L W d V A F a+ y .N Q O ra N �1 O O F 0 U Q Q Q z a ai rl O L U c v o oa� •" o � z Gti � 2 U c O U U O 4F 0 4. U C1 y a h 0 U e a v a u e e e oq II II o ez o we L w F- L e a Q 2 Q d � ci e ae e goo o tG i O � Wpy b N 0 W C a C J c�cyy o C 25M -52 0 N 9 0 N I W P+ a pp1 c m m T t. X o e a° - 9 e O 6 6¢ d¢¢ d d d ¢¢ 6 ¢ C d z z 7. z z z z z¢ Z z Z. z z z z z z z z Z O N zzz zzz zzz zzz zzz ZZZ zZZ F e o q T O �1 b N N NW � 69 f9 W f9 M W M� W h � u KC O a` 25M -52 0 N 9 0 N I W P+ a 2) »E \\ 25M.52 \ \ i / \ ®! [ / \ _ "�\)\\ \( \ \ ^ t[ )! j} {\ a _ `* 2 y \/ =22 =Gj \ )// \ r> ) \7»> \\ _ e ) & \ ® §) � /\ = 2 4 25M.52 \ \ i / \ x� 0 0 .w p a 'k U n N L b 0 On u u 0 V ° l O 0 U Q Q Q W z� rOi. O U CL ,� U O v on C 1 � N Q � W 2 W z � L (� a O U U O Oa H V � r U ow. z N 0 7 0 U 0 U z v a o e tiV b OO_ o E �I e ez .n w 9 a Q v `e e ° e o O O � O O e d O e a � O O pq N N e w 0 O z o a T w p N N N ° m F N 6 tad N Q Q Q TE: e G ri m r� �n ° T ^ � � b 9 N F» N vi N vi � vii e3 es vii vi vii H � vii 6? vi N ss d 0 0 o O o 0 0 0 0 0 0 0 N N N N N N N N N N N N 0 m e c0 0 0 0 0 0 0 0 0 0 0 0 N W w M O N N N N N N N N N W Q Q Q o p T O M V, ^ O P o y V3 V3 Vf yj Ui � yj p Sq G9 N3 Y3 E: V a z q W 0 c7 z c7 z 25M -54 C� N -3 0 U O o y v � o a � Y W a � s 7 v o ° � a� F , � ~ O O � E O O a - N � N l] d U F^ U m w w L y O 3 � O N y O q s o -�v tiwb F 5 O a o � Q 00 v ' Q $ O z.• 0 N H ,r 0 A. a. .a Local Assistance Procedures Manual EXHBIT 10 -K Consultant Certification of Contract Costs and Financial Management System ICXHIDIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT ,SYSTEM (Note, If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of ALA -OB 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at hitp.11 www ,doi.ca.gov/hq/LocalProgramsIOL, _OBIDLA_OB,him in lieu of this form,) Certification of Final Indirect Costs: Consultant Firm Name: Ninvo & Moore Indirect Cost Rate: 161 % Date of Proposal Preparation (mm/dd /yyyy): 01/30/2015 Fiscal Period Covered for Indirect Cost Rate Developed (mm /dd/yyyy to mm /cld /yyyy): Ul/2013 — 12/31/2013 Contract Number: NLA Project Number: N!A I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final indirect cost rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and indirect cost rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our financial management system meets the standards for financial reporting, accounting records, internal and budget control as set forth hi the FAR of Title 49, CFR, Part 18,20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E contracts: 1, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 7 000 000 and the number of States in which the firm does business is 6 Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 25M -55 Page 1 January 14, 2015 Local Assistance Procedures Manual FXHBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ TED Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): * Consultant Certification Signature: S—krr 7r 2. X Av06aAeA Consultant Certifying (Print Name and Title): Name: Tamera Richards Title: Consultant Contact Information: Email: trichardsna ninyoandmoore.corn Phone number: 858/576.1000 Date of Certification (mm /dd /yyyy): 01/30/2015 *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the indirect cost rate proposal submitted in conjunction with the contract. Note: Per 23 U.SC 112(6)(2)(13), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31, 23 CFR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design related services as aparty to the contract, Therefore, subconsultants as parties ofa contract must complete a certification and send originals to A &1 and keep copies in Local Agency Project Files. Distribution: t) original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Piles Page 2 25M-56 January 14, 2015 x� 00 .. c Fq a � o WU O A L4 O a 1� F O U rW.l x 0 ti I O z U C Y \ y o U ..I v A C� Si � o fn U (J of II V � o Y CJ U U G I o z •� a U y a 3 •� Q ED c7 G U W C7 z � W � U N F � U z -a e x U O bq 'd o U 3 b ro w U � � o b ' O U v w) 0 Y N O � M Q o o O 9 U a o � � U U z� l O �I II 0 W w z c F Q a C C F' Q U a U r� u �1 25M -57 o U N O U w U rO O y ate.+ O O a o a � N � � U �^ vN, N b U N m � C -Y M ;a o E o o y � m d U �i U ti yU, ti W J ' o Yw y T iF T y + O U U ° T m o p U Xi N U � � ti a� ro p o zww -+ N rn nn � �p N a h 0 W a o U z z z z z z 00 oe o0 00 00 00 00 00 00 00 00 00 V 69 `� rn M M M M M M M rn M M M O U 0 L V f3 fA' £1j' V3 V3 69 69 69 69 69 Yi 69 fA 69 Y3 V3 Ef] 64 O � T O U Q � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M M M In M rn M M M N j 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N Q N N N N N N N N N N wW O O O ; O O O O O O O O O O O O O O O W ..... , 0 0 0 ,-. ,--� 0 0 0 .. 0 0 0 .-� .-� ...... 0 0 0 ,-� 0 0 0 0 0 0 oo�n oot�oo� oornooMOOo N O� r� O Oi DO O G\ 00 O m N O r h O b M O\ O 0 0 In M M M 0 0 M rn M N N N N Vt V1 �O N N N N N M N N N IU o E.9 69 ffl si 64 EA 69 69 69 64 69 G9 69 69 V3 64 64 69 1n yxj o Vl O n 0 l� o Vl o o rn 41 o M N o 'n Vl v. N M O h 0 l� O (V .� C v1 In Vt N r 06 r M W v� h n M to In m m, N rn M b� CO ti D\ b m� � N t n M NNN N N N .�i T 69 69 64 69 69 fR 69 69 64 69 H3 A 69 rA £A 69 6R 64 7 O O �n o0 0 0 0 0 O 01 o V1 0 0 �'y � O 07 00 O v1 O Vl O In O h "R O M h M � r/1 69 6N4 69 64 69 69 69 £A 69 69 69 69 69 69 69 64 69 ..c c o U � U N W U U FL 0. a4 V U ro I z Gn 25M -57 o U N O U w U rO O y ate.+ O O a o a � N � � U �^ vN, N b U N m � C -Y M ;a o E o o y � m d U �i U ti yU, ti W J ' o Yw y T iF T y + O U U ° T m o p U Xi N U � � ti a� ro p o zww -+ N rn nn � �p N a h 0 W a x� O O FA p" � o W U 7 d v b V 4 Qi d u .y U O m Q z y L K 3 „ 3 0 G N � a o � a o U v Ca C O v Q w° 0 M 4 N a G O ^o I� 0 U �aI !-r O FFM X W Q F U U � C U U Q V cw, ti °z y¢ G w O N O U ro U A O ti 9 25M -58 T zz Q P p b w � � F T v y 9 T � u m � 9 3 ° ° II T O, O O U m U « O vb 7 � o b V n b T H y V O N C a�tl aro. a Q O L 3 0 o c m H v a v m 5 a V N U bry V] z r1 a 'O iE 'O O � 0 ayUi ,L' 0 U b � H � � O 9 U Y N aC�2 q ro � w v v ++ T C- p a :5 e oa 3 p F' v2 o v c 7 N F p b v d F E° N a N In. V 1n h CO �I Uj 0 O QI ra V H A Q a a � z a F Fy W Ca U 7 F vai a,' P7 U 6' P? U F O H U O O U F F z � a O N WO N ro 25M -58 T zz Q P p b w � � ti T v y 9 T � u m � 9 3 ° ° T O, O O U m C C « vb 7 � o b V n b T H y V N C a�tl aro. a Q O L 3 0 o c m v a v m 5 V N U bry 'O iE 'O O ayUi ,L' b � 9 U Y N aC�2 q ro v v ++ T C- p a :5 e oa 3 p F' v2 o v c 7 N p b v d N a N In. V 1n h CO �I QI ra Local Assistance Procedures Manual EXHIBIT 10 -I{ Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07- Safe Harbor Indirect Cost Rate for Consultant Contracts found at http.11www. dot ca gov1 hq1 Loca1Programs1DLA_OBIDLA_OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Ficcadenti Waggoner and Castle Structural Engineers (FWCSE)_ Indirect Cost Rate: _148.19% * for fiscal period _01/01/2014 to 12/31/2014 *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: _City of Santa Ana Contract Number: 14 -037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Manasement Svstem: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ and the number of states in which the firm does business is 2 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 January 14, 2015 25M -59 Local Assistance Procedures Manual EY11I13IT 10 -I{ Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) Consultant Certifying (Print Name and Title): Name: Mark Schroeder Title: _Principal Consultant Certification Signature * *: Date of Certification (mrn /dd /yyyy): _01/30/2015 Consultant Contact Information: Email: _mschroeder @fwcse.com Phone number: _(949) 474 -05 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 US.C. 112(b)(2)(B), Subconsulamis must comply with the FAR Cost Principles contained in 48 CFR, Part 31, 23 CFR Part 172.3 Definitions state.' Consultant means the individual orfirm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A &l and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files Page 2 of 2 LPP 15 -01 January 14, 2015 25M -60 N w� � 1 S U y 0 0 .. a � O O M V k U O � N \ 00 W 0.. U I o G w^ M N Q h V � II O � W Q Em W O U w N w� � � O M V O � 0.. G w^ N Q h V O � W O O ro o �Cw m W d' O 4 Oi O y V o0 00 >° �p P. ° O z a N ro w � O ti V w O O F � W 0 o z p" O o� � 0 vH � z U � is x W} U M O c W raj 2y N � C. 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Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07- Safe Harbor Indirect Cost Rate far Consultant Contracts found at http: / /www. dot. ca. gov/ hq/ EocalProgramsIDLA_OBIDLA_OB.him in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: LOR Geotechnical Group, Inc. Indirect Cost Rate: 137.37% * for fiscal period (01/01/2014 to 12/31/2014) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City Of Santa Ana Contract Number: 14 -037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above, t,ertnlcatlon oT innanclai management lystem: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &F Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 450.000 and the number of states in which the firm does business is one Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 January 14, 2015 25M -63 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all Subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: Title: Consultant Certification Signature Date of Certification (02/02/2015): Consultant Contact Information: Email: iletterCcilorgeo.com Phone number: 951- 653 -1760 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(8), Subconsulamis must comply with the FAR Cost Principles contained in 48 CFR, Pori 31. 23 CFR Part 172.3 Definitions stale: Consullant means the individnal orfrnn pro riding engineering and design related services as a party to the contract. Therefore, subconstdtanis as parties of a contact must complete a certification and send originals to A &I and keep copies in Local Agency Project Files, Distribution: 1) original to CnItnns Audits and Investigations 2) Retained in Local Agency P %jecl Files LPP 15 -01 25M -64 Page 2 of 2 January 14, 2015 x� ao F w° � W y WU 0 W w Q QI 0 U Pa H DS W A C R s. U Al Al d A N y U 0 a F z 0 U O U 4 ti Q yGQ fX w z w V O 0 z U avi 0 0 U w o b N 2y N p 0 �•N U I-1 0 M M 7 \° w o F4 z � b O U � N N U r O o b b b y � O � eUe U � W O O e O y N b O A p o N s. N roC O U by z� 0 O II 0 W w z 0 O O �i U d U O z wZO I-- z W c v� �e N a d^ 0 V U U U (roJ U a Q N (H �+ N U U U O xwaz d z z z z y � � T y o o< o0 00 00 M M M M fn M M fn fn M N y � U N �C, C o a J � yy y 9 0 a ati � a o N V a � W O O M O O M O O M O O M O O M � M 7 V1 M � V1 fn d' V1 M V V1 fn V N Q ny M fn M fn M M M fn M fn M M M M M F FA 69 69 69 69 69 69 V3 69 N3 64 £A 69 6R 69 N O y, p5� O J J o N -^ froJ a J � J II J Q S C O p zPa W o Qw° p N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �Nfh T N N N N N N N N N N N N N N N M— M M M !\ !n (\ Off' N N N N N N N N N N N N .0 ----------- O J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v (fi f9 64 69 69 V3 69 Vi 69 V3 69 V3 69 V3 69 !J �i V�1• Vl W m Vl W M M M M ti °. � N N ti ti N � N N, ln. N NN ti N F:, c<r v3 ss F» F» f» .N. fa vi ss . vj ss ss .i v� a ss T � 69 64 fA fFl F1 G9 69 64 64 69 69 Ff3 fA V3 V3 I o I I N t6 U ❑ F. 25M -65 v� �e N a d^ 0 5 a Q N (H �+ N U U U O d p « w y � � T y � •^Ci pip �N N � C J y � U N �C, C � yy y 9 0 a ati � a o N V a � W M " Q V � � N 7 9 0 p5� O J J o N -^ froJ a J II J a 4 C O p zPa W o Qw° p N a °z �Nfh a x� 0 0 E^ y Q� a W U N N 00 W N .W.1 G 0 0 O O H H W ro q b u QI u d u F F O 0 w z A z z z W V K F O Q O C. O 0 U 0 0 N C O Aw 25M -66 W F °z Z F O E T v � b ro O 4E N G U N ti d A > CL y H b T O H � abi O A U N N C N gyp• y i b � C b O ro O T b V b H � v b0 9 C �d « tC O N Q N C7 F .b L > W O 0 O ; Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA -OB 13 -07 - Safe Harbor Indirect Cost Rate far Consultant Contracts found at httP ://www. dot. ca. gov/ hq/ LocalPrograms/DLA_OB/DLA— OB.htm in lieu ofthisform.) Certification of Final Indirect Costs: Consultant Firm Name: Blais & Associates, Inc. Indirect Cost Rate: 174.5% * for fiscal period 01/01/2015 — 12/31/2015 (mm/dd/yyyy to mm /dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: RFP 14 -037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $750,000 and the number of states in which the firm does business is 4. Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 3 L Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 January 14, 2015 25M -67 Local Assistance Procedures Manual EXHIBIT 10 -I£ Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: Neil C. Blais Title: President & CEO Consultant Certification Signature * *: Date of Certification (mm /dd/yyyy): 1/29/2015 Consultant Contact Information: Email: nblais @blaisassoc.com Phone number: (949) 589 -6338 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual orfirm providing engineering and design related services as a parry to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A &1 and keep copies in Local Agency Project Files. Distribution: t) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files LPP 15 -01 25M -68 Page 2 of 2 January 14, 2015 EXHIBIT C ADDITIONAL PROVISIONS CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • Request for Qualifications (RFQ) — RFQ No. 14 -037 • Statement of Qualifications (SOQ) -- in response to RFQ No. 14 -037 • Request for Proposal (RFP) — RFP No. 14 -037 • Proposal - -in response to RFP No. 14 -037 25M -69 EXHIBIT D ATTACHMENTS D -1, D -2, D -3 & D -4 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -70 APPENDIX ATTACHMENT D -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 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 cast 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 cerdill tien ay subject the certifier to criminal prosecution. Signed , < State of California County of t� Subscrl a and sworn o (or affirmed) before me on this _a— day of , 20(1 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. HILARY HYNEK GOSHERT Commission # 2078078 Notary Public California ZZ dl-- Orange County Nota ublic Si nature tJ Notary Public Seal My Ceram. Expires Au 16, 2018 PROPOSALSTHATDO City of Santa Ana RFP 14 -037 Page 26 25M -71 APPENDIX ATTACHMENT D -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Name Harris cS Associates, Inc Signed and Printed Name 1 Randall Berry, PE Date: November 17, 2014 PROPOSALS THAT DO NOT AND City of Santa Ana RFP 14 -037 Page 27 Hk, 1 5oc u����afic ons 25M -72 APPENDIX ATTACHMENT D -3: DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUDI SECTION 3 CONTRACT CLAUSE 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. 1701 u (Section 3). The 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 collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractors commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor Is In violation of the regulations in 24 Cl Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations 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 contractors 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. City of Santa Ana RFP 14 -037 Page 28 H a rri S&AS6oriaie; I SeQi o n6: Cerh fca6onrd 33 25M -73 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. 4500) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (1I) 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 mery 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. Randall B—, PF. / 171r..rQr Engineering Services Signature Print Name and Title Signature Signature PROPOSALS Print Name and Title Print Name and Title November 17, 2014 Date City of Santa Ana RFP 14 -037 Page 29 'nrz. 25M -74 Ninyo and Moore 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.G. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (11) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indlan -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 prime 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 1998 -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. e-,4 Signature Signature Signature Jalal Valcili, Principal Engineer Print Name and Title Print Name and Title Print Name and Title November 13, 2014 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 14-037 Page 29 Harris &ASSnciaics i Seciioe h: i :cr :.iiicztirnr; 25M -75 LOR Geotechnical Group, Inc. 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 extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (it) 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 primary 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. S Signature PROPOSALS THAT DO NOT �..JP.IG'tv(r Pc�S�cQoni�" Print Name and Title r Print Name and Title Print Name Date AND City of Santa Ana RFP 14 -037 Page 29 25M -76 LSA 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. 4509) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (11) 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 p Ima_ry Section 3 covered project area Is the area in closest proximity to the actual construction work site within the US. Census Treat 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 contalned therein for all of his /her operations within the City of Santa Ana. i _Ehroz Tany4l Chief Financial Officer Signature Print Name and Title Signature Print Name and Title Signature Print Name ­­and City of Santa Ana RFP 14.037 Page 29 IiarrissA.�eciares Secflon S: Certifications 3v 25M -77 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. 4501 also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest 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 Prime 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. &' W""_ Signature Signature Signature Chris Loera/ Vice President Print Name and Title Print Name and Title Print Name and Title city of Santa Ana RFP 14 -037 Page 29 1„ r,£. P,SLO rn. Se ons 25M -78 C Below Ficcadend Waggoner and G. With respect to work performed In connection with Section 3 covers([ Indian housing assistance, :Section (7) b of the Indian Self- DetarmInatlon and Education. Assistance Act (26 U.S.C. 460e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (I) 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 i9p. mere 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 gl4en 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 60% 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 3resident, 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 to connection with projects in their neighborhoods. For fiscal year 1096.97, minimum goal for each project is 30 %, The Contractor /Sub - contractor /Service Provider by the signature aff ixed herato declares under penalty of perjury: Contra( /Sub - contractor /Service Provider has read Section 3 requirements and accepts its requlnts contained therein for all of his /her operations within the City of Signature Signature V444- o ✓ y e, .,? f T'C- it- F.,c.. fit.,.. Print Name and Title Print Name and Title Print Name and Title City of Santa Ana RFP 14-037 Page 29 Harris & Associates l Section 6. Certifi cation 41 25M -79 Albert Grover & Associates 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. 4500) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (11) 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 $action 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 prime 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 (Grange 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 hislhar operations within the City of Santa Ana. i Mack KNr Vjf� Rcsoa�,t ignature Print Name and Title Signature Signature Print Name and Title Print Name and Title ) j ?_ Date fiber 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 14.037 Page 29 �T C'n,,nne 25M -80 Borthwick Guy Bettenhausen, Inc. C. With respect to work performed in connection with Sectlon 3 covered Indian housing assistance, Section (7) b of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 4500) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (il) 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 orlmar Sectlon 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 Provldor 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 —r 74kt�nl Name and Itle � ` t Signature I/ Print Name and Title Signature p''rinlIt Name and �T_itl�e — S_i'�' Date City of Santa Ana RFP 14 -037 Page 29 t u'ris& As,ndaies 1 Snmon u. C.e.`ti;b_a'i . cc 25M -81 LEE & RO, Inc. 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 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 rlo mary 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 /Subcontractor /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. &-�' t Dhiru Patel, Sr. Vice President, LEE & RO, Inc. Signature Print. Name and Title Signature Print Name and Title Signature Print Name and Title November 13, 2014 City of Santa Ana RFP 14 -037 Page 29 25M -82 I'.I 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 extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (11) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indlan -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 ipr mary 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 Seotion 3 resident, regardfess 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. _ at _ Signure e Signature Signature V. HAHVL, P f✓NT' Print Name and Title Print Name and Title Print Name and Title 51.20 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 -037 Page 29 rlarris &Associates i Section Cer;.,hcacicns 25NI -83 Blais and Associates, Inc. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section (7) b of the Indian SeIFDaterminaticn 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 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 tho litr 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 to their neighborhoods. For fiscal year 1996 -97, minimum goal for each project Is 30 °!Q. 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 Arta. t-'-" `��_---.:...______...., �1� i 1 � L?J_G rs % res• �xT •`G`�3 ignatur Print Name and Title Signature V Print Name and Title Signature Print Name and Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL,, L PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 14.097 Page 20 pis &Aaso _ed ., � r�ficz� -ns 25M -84 Borthwick Guy Bettenhausen, Inc. 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, 4509) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest 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 Indlan -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 rin 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 la 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 ContractodSub- contractor / Servico 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 andTitfo( flsJG� Signature Print Name and Title Signature Print Name and Title Date City of Santa Ana RFP 14 -037 Page 29 Harr:_; &ssc_iatms i. Section 6. Ct,, fiicztions 25M -85 APPENDIX ATTACHMENT D -4: CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment and including, but not limited to, what is listed in the Non - Discrimination Clause in Exhibit 10 -V per: ho/ww dt caoLams /lam s /chaoter10 /10y- 2013- 05- 14.docx and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. The same shall apply and be included in all subconsultant agreements. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM Harris& Associates, Inc. TITLE OF PERSON SIGNIN SIGNA' THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Sanfa Ana RFP 14 -037 rage su 25M -86 PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 5th day of August 2015 by and between Psomas (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 A. The City desires to retain a consultant having special skill and knowledge in the field of: On -Call Engineering Services to provide engineering services on an as- needed basis. Engineering services may include, but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project/task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this the City may choose which consultant to assign the project/task to pursuant to this Agreement. 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 related field of expertise. 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. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one -year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. Exhibit 3 25M -87 2. SCOPE OF WORK Consultant agrees to 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. Additional Agreement provisions, if any, may be contained in "Additional Provisions" attached hereto and incorporated into this Agreement as Exhibit C. 3. SCHEDULE OF SERVICES If a Task Order is issued, Consultant shall complete services and shall perform and deliver them to the City as described and detailed in Exhibit A and per the Task Order provided. The City may request that the Consultant provide a proposed scope of work, schedule and budget for a particular project or work product within a Task Order. If the City approves the Task Order, the City will issue a Notice to Proceed ( "NTP ") approved by the Executive Director of the Public Works Agency or his /her designee ( "Executive Director "). Consultant shall meet the work deliverables within the Task Order, the schedule and budget unless otherwise adjusted by the City. Such services shall be provided per written request of the Executive Director after the City's issuance of the NTP. 4. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates, fees, and charges identified in Exhibit B, "Compensation ", attached hereto, and incorporated by reference, in an amount not to exceed two hundred fifty thousand dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). Exhibit B includes completed Federal Exhibits 10 -K and 10 -H along with all Consultant and subconsultant(s) rates and fees that comply with federal requirements. Exhibit D includes all previously completed Federal certification forms as part of the Proposal submittal in response to the Request for Proposals. These are attached hereto and incorporated herein as Attachment D- 1, D -21 D -3 and D -4. 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 disks (CD)s, USB jump drives or equivalent, 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 2 25M -88 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. PAYMENTS & INVOICES a. 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: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and/or Task Order number andor name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 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, ajoint 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. 8. 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 25M -89 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, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained. 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, except for 10 days' notice for non- payment of premium. f If Consultant fails or refuses to produce or maintain the insurance required by this, section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25M -90 9. 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 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 "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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. 10. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without 5 25M -91 reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. (Also see Exhibit D.) 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. 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 Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 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(s) 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. C 25M -92 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. (Also see Exhibit D.) 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. The 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 7 25M -93 To Consultant: Psomas Anissa Voyiatzes, PE, ENV SP 3 Hutton Center Drive, Suite 200 Santa Ana, CA 92707 Phone: (714) 751 -7373 Facsimile: (714) 545 -8883 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 facsimile, 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. Additional provisions, if any, are identified as Additional Provisions — Exhibit C, attached hereto and incorporated herein by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25M -94 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D, HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney I3y: C-- Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT: FRED MOUSAVIPOUR Executive Director Public Works Agency (Name) (Title) 9 25M -95 EXHIBIT A SCOPE OF WORT{ CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 1. GENERAL The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an as- needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. A detailed Scope of Work will be outlined when /if a specific project or Task Order is assigned to the consultant. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. Funding sources for each project may vary ranging from local, Measure M2, state and federal and each project /task order assignment shall comply with the funding agency's requirements. The projects may include storm drain improvements; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and /or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, and other related projects as required. On occasion, environmental and planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection. Occasionally, the City may also need geotechnical, mechanical, electrical and /or structural services. The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and /or sub- consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall 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 %. IL PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS &E ") for various projects on an as- needed basis. However, work tasks may include studies or a variety of engineering or other 10 25M -96 tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and /or Task Order. Specific Task Orders with Notices to Proceed ( "NTPs ") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible- charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: 1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and /or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared 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 Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and /or specifications accordingly. 5. 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 responsible /in- charge of the project. These signed originals shall then become the property of the City. 6. If a part of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: 11 25M -97 A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre - construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The 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 (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e -mail. 8. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and 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 revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation for regular or overtime hours necessary to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional - level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required. 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. III. GENERAL REQUIREMENTS 1. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 12 25M -98 The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and funding agency requirements or audits if requested. 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. Information - 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. 13 25M -99 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 and the related guidelines that may be more recent. 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 ". f. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub- recipients) 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 Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title 11 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 CPR 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 tum, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Equal Employment Opportunity - Consultant, and all its contractors (or sub - recipients) 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. Anti - Kickback Act - Consultant, and all its contractors (or sub - recipients) 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. 14 25M -100 Davis -Bacon Act - Consultant, and all its contractors (or sub - recipients) 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. Contract Work and Safety Standards Act - Consultant, and all its contractors (or sub - recipients) 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. Clean Air Act - Consultant, and all its contractors (or sub - recipients) 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. 1. Energy and Conservation Act - Consultant, and all its contractors (or sub - recipients) 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. Patent - 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. n. Copyright - 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. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders 15 25M -101 10414 COMPENSATION CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -102 Balancing the Natural and Built Environment February 2, 2015 Monica Suter Design Engineering City of Santa Ana 20 Civic Center Drive Santa Ana, CA 92701 Re: On -Call Engineering Services, RFP 14 -037 — Team Form 10 -H and 10 -K Dear Monica: The following subconsultants rates meet the federal requirements: • Iteris • Lynn Capouya • Petra Structural Engineers • P2S Engineering, Inc. • LAE Associates, Inc. The following subconsultants rates DO NOT meet the federal requirements: • GMU Geotechnical, Inc. — Using Safe Harbor Rates • LaBelle Marvin, Inc. - In the process of obtaining compliance with the Federal rate requirements If you have any questions, please contact me at 714 - 481 -7998. Thank you. Sincerely, PSOM AS a I " S _ Anissa Voyiatzes, PE Vice President 3 Hutton Centre Drive Enclosure: Exhibit 1.0 -H & Exhibit 10 -K Suite zoo Santa Ana, CA 92707 -8794 Tel 714.751.7373 Fax 714.545.8883 www.Psomas.com 25M -103 EXHIBIT 10 -H 25M -104 EXHIBIT 10 -H City of Santa Ana On -Cell Engineering Service. Page 102 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (RPP 14.0 37) COST PROPOSAL PRIME: PSOMAS SUBCONSULTANT: Attached Contract No.: Date: 113012015 Fringe Benefit Overhead General Administration Combined Indirect Cost Rate(ICR) NORMAL 44.90% + 125.70% + 0.00% = 170.60% FEE % = 10.00% 25M -105 - Effective dale of Nami Title /Classification Hourly Billing Rates' Hourly Rate Actuag Hourly Range Average %or$ for Classifications Slrai ht OT 1.54 OT 2x From To Hourly Rate' Increase only Steve Frisson, Officer- In- Chargo/Program Manager $238.16 -- - 01101115 12131115 $80.01 NotApplcable $245.30 01101116 12131116 $82,41 3% $252,66 -- - 01101117 12131117 $84.88 3% $26024 -- - 01101118 12131118 $87.43 3% 01101119 12131/19 $268.05 $90.05 1 3% AnissaVoyiatzes , CondacllProject Manager $195.47 -- - 01101115 12131115 $65.67 NotApplii $201.34 01101116 12131116 $67.64 3% $207.38 -- - 01101117 12131/17 $69.67 3% $213.60 -- - 01101118 12131118 $71.76 3% 01101119 12131119 $220.01 $73.91 3% Arief Naftali, OAIQC Manager /Project Manager $187.20 -- - 01/01115 12131115 $62.89 Not Applicable $192.81 01/01116 12131116 $64.78 3% $19860 -- 01101117 _ 12131117 _.,$6872 3% $204.56 -- - 01101118 12131118 $68.72 3% 01/01119 12131119 $210.69 $70.78 3% Alejandro Angel, Team Leader and PM, Execut6lManager $226.70 -- - 01/01115 12131115 $76.16 Not Applcable $233.50 -- -- 01101116 12131116 $78.44 3% $240.50 01101117 12131117 $80.80 3% $247.72 -- -- 01101118 12131118 $8322 3% 01/01119 12131119 $255.15 $85.72 3% Chris Massa, Senior Project Engineer, Engineer $16458 -- 01101115 12131115 $5529 NolApplicabk $169.51 -- -- 01101116 12131116 $56.95 3% $174.60 01101117 12131117 $58.66 3% $179.84 -- -- 01101118 12131118 $60.42 3% 01101119 12131119 $185.23 $62.23 3% Miss Day Senior Project Manager, Execulive /Manager $16458 -- -- 01101115 12131115 $5529 NotApplicabk $169.51 -- -- 01101116 12131116 $56.95 3% $174.60 01101117 12131117 $58.66 3% $17984 -- 01101/18 12131118 $6042 3% __. ..... 01101/79 12131119 $185.23 $62.23 3% Peter Fitzpatrick, Team Leader and PM, Execute /Manager $23256 -- -- 01101115 12131115 $7813 Not Applicable $239.54 -- -- 01101116 12131116 $80.47 3% $246.72 - -- 01101117 12131117 $82.89 3% $254.13 01101118 12131118 $85.37 3% -- 01101119 12131/19 $26175 - $8794 3% Reuben Tclemino, Team Leader and CM, Execurve /Manager $22619 -- - 01101115 12131115 $7599 NotApplcable $232.98 -- -- 01/01116 12131116 $78.27 3% $239.97 -- -- 01101117 12131117 $80.62 3% $247.17 01101118 12131118 $83.04 3% $254.58 01101119 12137119 $K53 3% Kathleen Brady, Team Leader, Execulive/Manager $255.78 -- - 01101115 12131115 $8593 Not Applicable $26345 -- 01101116 12131116 $8851 3% $271.36 - - 01101117 12131117 $91.16 3% $279.50 01101118 12131118 $93.90 3% $287.88 01101119 12131119 $96.71 3% Lisefte Bice, Assistant PM, Engineer $117.96 - - 01101116 12131115 $39.63 Not Applicable $12150 .; - 0 12/31116 $4082 3 %, $125.15 -- - 01/01117 12131117 $42.04 3% $728.90 -- - 01/01118 12131118 $43.30 3% 01/01119 12137179 $732.77 $44.60 3% 25M -105 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (REP 14.037( COST PROPOSAL PRIME: PSOMAS SUBCONSULTANT: Attached Contract No.: Fringe Benefit Overhead General AdminisVatre, NORMAL 44,90% + 125.70% + 0.00% EXHIBIT IO -H Ch, of Santa Ana On-CaII Engineering Service¢ Page 2 of 2 Date: 113012015 Combined Indirect Cost Rate (ICR) 170.60% FEE %= 10.00% 1. Names and classfcaWns of consultant (key staff) team members must he listed. Provide separate sheeet for prime and all subconsullentflrms. 2, Billing rate= actual hourly rate' (1fICR)'(14 Fee) , Agreed upon billing rates are not adjustable for the term of contract 3, For named employees enter the actual hourly rate. For classifications only enter the average hourly rate for that classTcalion. Note: Denote all employees subject to prevailing wage with an asterisks' For "Other Direct CosP' Iising see page 2 25M -106 Effective date of Namogob TitlelClassification Hourly Billing Rate s' Hourly Rate Actual) Hourly Range Average % or$ for Classifications Straight OT 0.54 OT 24 From To H ought Rate' Increase only Brandon Gaunnoi CE Des igner ,Engineer $86.32 _ - 01101115 12131/15 $2900 Not Applicable $88.91 01/01116 12/31116 $29.87 3/ $91.58 -- - 01/01117 12/31117 $30.77 3% $9433 - 01IDV18 12131116 $3769 3% $97,16 01/01119 12131119 $32.64 1 3% Karen Nguyen, CE Designer, Engineer $86,77 - 01101115 _ 12/31115 $2915 Not Applicable $89,37 - -- 01/07116 12/31116 $3002 3% $92.05 01101117 12/31117 $30.93 3% $9481 -- - -, ,, 01/01118 12131118 $3185 3% $97.66 01/01119 12/31119 $32.81 3% Vincent Hollers, CE Designer, Engineer $97.90 - -- 01101115 12/31/15 $32.89 Not Applicable $100.84 „77, ., 011,01118 12131116 $3388 3% $103.86 -- -- 01/01117 12131117 $34.89 3% $106.98 -- -- 01101118 12131118 $3594 3% 01101119 12131119 $110.19 -- $37.02 3% John OlNer, CE Designer, Engineer $99.09 -- -- 01/01115 12131115 $33.29 Not Applicable $102.06 ' - :... 6 010 .�.�_. 12/31118 __. % ............... $105.13 - -- 01101/17 12131117 $35.32 3% $108.28 -- -- 01101118 12131118 $36.38 3% 01101119 12131119 $111.53 $37.47 3% Hugo Compares, CE Designer, Engineer $84.03 -- - 01101/15 12131115 $28.23 NotAppibable $86.55 -- -- 01101/16 12/31/16 $2908 3% $89.15 _ _ 01101/17 12/31117 $2995 3% $91.82 -- - 01101/18 12131/18 $30.85 3% 01101/19 12131119 $94.58 $31.77 3% Jacob Sharp, Project Manager, Executre /Manager $154.78 -- - 01/01/15 12131/15 $52.00 NotApplkable $159.43 -- - 01/01116 12/31/16 $53.56 3% $164.21 ., - 01101117 12131117 _ $5517 3% $169.14 -- - 01101118 12/31/18 $56,82 3% 01101119 12131/19 $174.21 $58,53 3% Joan Patronge Kelly, Biological Resource Manager $270.04 -- -- 01/01115 12/31/15 $9072 Not Applicable $278.14 -- -- 01101116 12131116 $93.44 3% $28648 „ -�,.,. 011,01117 12131117 _ $9624 3% $295,08 - -- 01101118 12/31118 $99.13 3% I 01101119 121311191 S303,93 $102.11 3% Irene Mendez Senior Project Manager ExecutivelManager $166.42 - - -.._ 01/01115 12131115 $5591 NotApplipa*,,,,., $171.41 01101116 12131116 $57.59 3/ $17656 �� 01/01117 12131/17 _ $5931 3% $181.85 - -- 01101118 12131118 $6109 9% - 01101/19 12131119 $187.31 $62.93 3% 12131115 $000 Not Appllpable,,,,,,, 01101116 12/31116 $0.00 3% 01101117 12131117 $0.00 3% 01101118 12/31/18 $000 3% 01/01/19 12/31119 $0.00 3/ 1. Names and classfcaWns of consultant (key staff) team members must he listed. Provide separate sheeet for prime and all subconsullentflrms. 2, Billing rate= actual hourly rate' (1fICR)'(14 Fee) , Agreed upon billing rates are not adjustable for the term of contract 3, For named employees enter the actual hourly rate. For classifications only enter the average hourly rate for that classTcalion. Note: Denote all employees subject to prevailing wage with an asterisks' For "Other Direct CosP' Iising see page 2 25M -106 EXHIBIT 10 -H City of Santa Ana On -Cell Engineering Services Page 1 of 1 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (REP 14 -037) COST PROPOSAL PRIME: PSOMAS Contract No.: Date: 1 13012015 SCHEDULE OF OTHER DIRECT COST ITEMS Type of Expense Psomas Travel: Actual A. Arise x• B. Rental Car C. Personal Car D. Per Diem •• External Printing and Reproduction: Copying /Printing 81/2 "x11 "black and white Actual 11" x 17" black and while Actual 8 1/2" x 11" color Actual 11 "x 17" color Actual Delivery Services: Actual Miscellaneous: A. Actual IMPORTANT NOTES: 1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations. 2. Proposed items should be consistently billed directly to all clients (commerical entities, Federal govt., State Govt., and Local Govt. Agency), and not just when the client will pay for them as a direct cost. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cast with supporting documentation (invoice) 5. Item listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre- approved by the contracting agency. The rates should not exceed the State Department of Personnel Administration (DPA) requ 7. If mileage is charred. The rate should be properly supported by the consultant's calculations of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vechicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 25M -107 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (RFP 14 -037) COST PROPOSAL PRIME: PSOMAS SUBCONSULTANT: Iterle, Inc. Contract No.: Fringe Benefit Overhead General Administration NORMAL 55.98% + 112.70% + 0.00% _ EXHIBIT 10 -H City of Banta Ana On {.all Engineering SaMCee Page 1 of 1 Date: 1/30/2015 Combined Indirect Cost Rate (ICR) 168.68% FEE % = 10.00% NamelJob Title /Classification' Hourly Billing Rates' Straight SIT (1.5x) OT (2x) Effective date of Hourly Rate From To Actuall Average Hourly Rate' %or$ Increase Hourly Range for Classifications off Bernard L'JAssociate Vice President $248,67 - 01101115 12131115 $84.14 _— __— Not Applicable _ _ _ $256.13 $263.82 -- _ __ —_ -- _ __ 01101116 01101177 —__ 12131116 12131117 $86.66 _$89.26 3% 3% $271.73 01101118 12131118 $91.94 3% _ $279.88 — 01101119 12131119 $94.70 3% Afoia Yang Renior Transportation Engineer ll $140.74 = _ __ 01101115_ 12131)15 __$47.62 --------Not Applicable _ $144.96 01101116 12131/16 $49.05 3% $149.37 $153.79 — -- 01101117 01101118 12131117 12131118 $50.52 $5204 3% 3% $158.40 01/01119 12131119 $53.60 3% Paul Frislie/Senior Transportation Engineer $144.58 $148.12 :- _ _ 01101115 01101/161 12131115 $48.92. $5039 _ 3% Not Applcable _ —_ —_ -- —_ —___ $153.39_ —__ —_ 01101117 _ 12131117_ $51.90 _3% _ _— _-- _ $157.99 0- 1101118 12/31118 $53.46 3% $162.73 01101/19 12131119 $55.06 3% 1. Names and classfications of consultant (key staff team members must be listed. Provide separate speech for prime and all subconsultant firms. 2. Billing rate = actual homy rate" (1dCR)1(1+Fee), Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. Note. Denote all employees subject to prevailing wage with an asterisks' For "Other Direct Cost' using, see page 2 25M -108 EXHIBIT 10 -H City of Santa Ana On-Call Enginecring services Page 1 of 1 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (RFP 14.037', COSTPROPOSAL PRIME: PSOMAS Contract No.: Date: 1130/2015 SCHEDULE OF OTHER DIRECT COST ITEMS Type of Expense - Psomas Iteris, Inc. Travel: Actual Actual A. Airfare " ** B. Rental Car " *" C. Personal Car "' $ 0.58 per mile D. Per Diem External Printing and Reproduction: Copying /Printing 81/2" x 11" black and white Actual Actual 11 "x 17" black and while Actual Actual 8 112" x 11" color Actual Actual 11 "x 17" color Actual Actual Delivery Services: Actual Actual Miscellaneous: A. Actual Actual IMPORTANT NOTES: 1. List direct cost items with estimated costs. These costs should be competitive in their respective Industries and supported with appropriate documentations. L. Proposed items should be consistently billed directly to all clients (Commerical entities, Federal govt., State (Jovt., and Local Govt. Agency), and not Just when the client will pay for them as a direct cost. 3. Items when incurred for the same purpose, In like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (Invoice) 5. Item listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre- approved by the contracting agency. The rates should not exceed the State Department of Personnel Administration (DPA) requ 7. If mileage is blamed. The rate should be properly supported by the consultanfs calculations of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage lags. 8. If a consultant proposes rental costs for a vechicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 25M -109 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (RFP 1403]) COST PROPOSAL SDBCONSDLTANT: Lynn Capouya, Inc. Fringe Benefit Overhand NORMAL 0.00% + 0.00% EXWBIT la -u Cry or Santa Ana On-Call Engineering Sewrida Page 1 oft Contract ad, Date: 113012015 General Admindrou n Combined raddrab COSt Rate (ICR) 0.00% = 175.20% FEE % = 10.00% NamelJob TitlaCloadiflcatlon' Hourly Sllllng Rate.' Straight 01 1.Sx Of 2x Efiectivedateoi Hourly Rate From To Abdul Average Hourly Rat.' Y. Increase Hourly Range for Classifications only Lynn Depouya Principal in Charge $268.69 - - - - -- -- -- 01X7/15 01X1/19 01X1/17 01101118 12131115 MPH 12X7117 12/31118 $88.76 $93.20 $97.86 $102.75 $107.89 5% 6% 5% 5% Not Applicable $28213 $296.24 $311.05 $326.60 01101119 12/31119 Jane Decide Samar Project Manager $183.75 - - - - -- -- -- 01101115 01101116 01101117 01101118 12/31/15 12XV16 12131/17 12/31/18 $00.70 $63 .74 $66.92 $70.27 $73.78 6% 5% 5% 6% NotAppljcable _ $192.94 $202.59 $212,71 $22385 01X1/19 1231119 Gent' Ohta Pfcjact Manager $153,01 $171,17 - - - - -- -- - 01X1115 01/01/10 01IOV1] 01IOV10 1231115 12/31116 1231117 12131118 $53.85 $56.54 $59.37 $62.34 $65,46 $43,06 $45,21 $47,47 $49.85 $52.34 5% 5% 5% 5% Not Applicable $179,72 $168.71 $198.15 01X1/19 1231119 Soria Pay Project Designer /Landscape Archlted $130.35 - - - - - - - - 01/01/15 01/01/16 01101117 01101118 12131115 12131/18 12131117 12131/18 5% 5% 5% 5% Not Applicable $130.8] $143.71 $150.90 $158.44 01101119 1213VIg Ervin Parma, Project OeslgnerlLandecaps Architect $115.15 - - - - - -- -- - 01X7/15 01X1116 01101/17 01X1/18 12131/15 12/31118 12/31/17 12131/18 $38.04 $39.84 $41.94 $44.04 $46.2A 6% 5% 5% 5% Not Applicable $120.91 $126.96 $133.31 $139.97 01X AR 12/31119 Kevin Yamachlka Project peslgnerlLantluapa Architect $115.15 - - - - - -- - 01X1115 O1 /01110 01101/17 01RIMB 12/31115 12/31118 12X1117 12131116 538.04 $39.94 $41.94 $44.04 $49.24 5% 5% 5% 5% Not Applicable $720.91 $120.96 $133.31 $139.9] 01X1119 1231119 Gong Phui Call Irrigation Designer $122.84 - - - - -- -- -- 01X1115 01X1110 01101/17 01101/18 1231115 1231116 1231117 1231118 $40.58 $42.61 $44.74 $46.98 $4983 5% 5% 5% 5% Not Applicable $128,99 $135,44 $14221 $149,32 01/01119 12131118 Particle Lear Jab Captain $10220 - - - - - - - - 01101/15 611 01101117 01101118 12131115 12131116 12131/17 12131/18 $33.76 .$35,45 $37.22 $39.08 $41.04 5% 5% 5% 5% Not Applicable $107.31 $112.67 $116.31 $124.22 01101119 12137/79 Kan Curb Job Captain $96.87 - - - - - -- -- 001115 01X7/16 01X1/17 01X1/16 12/31/15 12/31/16 12137/77 12131118 $32.00 $33.60 $35.28 $37.04 $36.90 5% 5% 5% 1 5% Not Applicable $101.71 5106.80 $112.14 $117.75 01X1/19 12131119 Sam Ork Design Stag 11 $90.62 - - - - -- -- - 01101115 01101116 OW /17 01101/18 12/31/15 12/31/16 7231/17 12/31118 $30.00 $31.50 $33.08 $34.73 $36.47 5% 5% 5% 5% Not Applicable $95.36 $100.12 $105.13 $11089 01X1/19 121 1119 Joshua Van Late Design Staff ll $]285 - - - - - -- - 01X1115 01/01/10 0110111] 01101/18 1231/15 11/31/16 1231/17 1231/18 $24,00 $25.20 $26.45 $27.78 $29.17 5% 5% 5% 5% Not Applicable $7628 $80.10 $84.70 $88.31 01X1/19 12131/19 1, Names end olassfinallons of consultant less slag) team members must be listed. Provide separate sheeel for pnme and all sub 2, Blllin,cm,= aged hand, rate` 1- EFtel.Fee). Agreed upon billing rates are not adjustable for the tan ofogimot 3. For named employee. enter the actual hourly rate. For dessf efns only enter the avarege hourly rate for that calculation. Note' -O l y leol.cpmvailfng wage wllh an esledaks` -Far 'Oth.,Dlyd d '11,1ng sae page2 25M -110 EXHIBIT 10 -H City of Santa Ana On -Call Engineering Services Page 1 of 1 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (RFP 14 -037) COSTPROPOSAL PRIME: PSOMAS Contract No.: Date: 1/3 012 01 6 SCHEDULE OF OTHER DIRECT COST ITEMS Type of Expense Lynn Capouya, Inc. Travel: A. Airfare B. Rental Car C. Personal Car D. Per Diem External Printing and Reproduction: Copying /Printing 8 1/2" x 11" black and white $0.15 sheet 11" x 17" black and white $0.15 sheet 8 1/2" x 11 "color $0.15 sheet 11 "x 17" color $0.15 sheet Delivery Services: Cost +10 Miscellaneous: A. IMPORTANT NOTES: 1. List direct cost Items with estimated costs. These costs should be competitive In their respective Industries and supported with appropriate documentations. 2. Proposed items should be consistently billed directly to all clients (commerical entitles, Federal govt., State Govt., and Local Govt. Agency), and notjust when the client will pay for them as a direct cost. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice) 5. Item listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related coats should be pre - approved by the contracting agency. The rates should not exceed the State Department of Personnel Administration (DPA) required 7. if mileage is charred. The rata should be properly supported by the consultant's calculations of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. B. If a consultant proposes rental costs for a vechicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 25M -111 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (REP 14 -037) COSTPROPOSAL PRIME: PSOMAS SUBCONSULTANT: PETRA STRUCTURAL ENGINEERS Contract No.: Fringe Benefit Overhead General Adminish'agon NORMAL 48.00% + 98,00% + 10.00% EXHIBIT 1a -H clry of Santa zns on -cell Engineering services Peg. 1 air Date: 119012015 Combined Indirect Cost Rate (ICR) 156.00% FEE % = 10.00% t. Names and Classfmations of consultant (key staff team members must be listed, Provide separate shedder for prime and all subconsultant fins. 2. Billing raft= actual hourly rate' (1dCR)'(1iPee) , Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate, For classifications only, enter the average hourly rate for that classifcaeon. Note: Denote all employees subject to prevailing wage with an asterisks' For "Other Direct Cost" Using, see page 2 25M -112 Effective date of drool TitlelClassifical Hardy Billing Rates' Hardy Rate Achall Hourly Range Average % or$ for ClassiReations Strai ht OT 1.54 OT 2x From To Hourly Rate' Increase only PETER SARKIS PRINCIPAL $211.20 ,,,,,,,,, -,,,, ,.01101115„ 12131115,.,...., $75.00,,,_,,,,.,.,, .,.... Not Applicable„.„., $221.76 - - 01101116 12131116 $78.75 5% $232.85 - - 01101117 12131117 $82.69 5% ............. ........._... ....,....,._ .................. $244.49.,.... - ....... 01101178 12131118 $256.71 01101119 1931119 $9115 5% Sean Gallemore, Project engineer $112.64 - - 01/01115 12131115 540,00 Not Applicable $118.27 - - 01101116 12131116 642,00 5% ............. $12x19 .... _. - ., 01101117 11131117 $44 10 ......5 %.. ............. .............. ................. $130.39 -- - 01AVIS 12131118 $4631 $136.91 01101/191 12/31119 $48.62 5% Rigo Lure, Project drafter $95.74 - - 01101115 12131115 $34.00 Not Applicable ....,........._. $100.53.,_., 77. ... ........7.... ...._...._. ............. ............._.. $105.56.,.... .... .._.....r.... 011,01117.. 12131117........ $3749....._5 ° / <.. ........,.,,... ........... ...._.... _. ........... ....... _.....,.,,, $110.84 -- - 01101118 12131118 $39.36 5% 01107119 12131119 $116.36 $41.33 S% $0.00 ,..,01107115 12131115,,.,..,. $0.00 -- - 01101116 1931/16 $oon $0.00 - 01107117 12131117 $0.00 $0.00 -- - 01107118 12OW8 $0.00 01101119 72137/79 S0.001 $0.00 $0.00 - 01101115 12131115 $000 Not App llcable___ $0.00 -- - 01101116 12/31116 $100 $0.00 -- - 01101117 12131117 $0.00 ................. $0.00....,. - 01101/18 12/31118 ........... .,,.,,.,..,. $0.00 01107119 12131119 $0.00 $0.00 -- - 01101)75 1931115 $0.00 Not Applicable $0,00 - - 01101)76 12131/15 $0.00 ................ .... .............. ................. $0,00...... ... ..,....,-..,. 01101117 $000 .,,......,,_ $0,00 - - 01101118 12131/18 $000 $0.00 01101119 12131119 $0.00 _._ $0.00 .. - _... 0110111 5 - 12131115 $000 _. - Not Applicable - _..._ _.__. _......._ ......... $000...... ..-..,. 01101176.. ..12131116....... $000............ ......_ ..... ................ .............. MSG .. -_.. 01101177 12131117 _. $000 $0.00 - 0101178 12131178 $0.00 011011191 12131119 $0.00 $0.00 $0.00 ..., .C... .... „07101175 „ 72131175....,.. loop Not Applicable,,,, „, .......... __._. __. $0.00 ..- -.... 01101!16 12131176 __..... $0.00 - 01101117 12131117 It $0.00 - - 01101118 12131118 $0.00 01101119 12131119 $0.00 $0.00 $0.00 -._ 01101115 12131115 Not Applicable_. $0.00 -- - 07/01116 12131116 $0.00 $0.00 -- - 01107117 72131117 $000 .... ...,. _, $000 . - 01/07118 12131118,,,__, 5000 .,. $0.00 -- - 01/07119 72131179 $0.00 t. Names and Classfmations of consultant (key staff team members must be listed, Provide separate shedder for prime and all subconsultant fins. 2. Billing raft= actual hourly rate' (1dCR)'(1iPee) , Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate, For classifications only, enter the average hourly rate for that classifcaeon. Note: Denote all employees subject to prevailing wage with an asterisks' For "Other Direct Cost" Using, see page 2 25M -112 EXHIBIT 10 -H City of Santa Ana On -Call Engineering Services Page 1 of 1 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (RFP 14 -037) COSTPROPOSAL PRIME: PSOMAS Contract No.: Date: 113012015 SCHEDULE OF OTHER DIRECT COST ITEMS Type of Expense Petra Structural Engineers Travel: Actual A. Airfare '^ B. Rental Car ** C. Personal Car '^ D. Per Diem ** External Printing and Reproduction: Copying /Printing 8 1/2" x 11" black and while Actual 11 "x 17" black and white Actual 8 1/2 "x 11" color Actual 11 "x 17" color Actual Delivery Services: Actual Miscellaneous: A. Actual IMPORTANT NOTES: 1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations. 2. Proposed items should be consistently billed directly to all clients (commerical entities, Federal govt., State Govt., and Local Govt. Agency), and not just when the client will pay for them as a direct cost. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice) 5. Item listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre - approved by the contracting agency. The rates should not exceed the State Department of Personnel Administration (DPA) requin 7. If mileage is claimed. The rate should be properly supported by the consultant's calculations of their actual costs for company vehicles. In addtion, the miles claimed should be supported by mileage logs. B. If a consultant proposes rental costs for a vechicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not awn any vehicles that could be used for the same purpose. 25M -113 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 11114 -037) COSTPROPOSAL PRIME: PSOMAS SUBCONSULTANT: P2S Engineering, Inc. Contract No.: C000000 EXHIBIT 10 -H On, of Santa Ana On -CaY Engineering Services Page 1 of 1 Dale: 113012015 Fringe Benefit Overhead General Administration Combined Indirect Cost Rate III NORMAL 27.00% + 135.00% + 25.00% 187.00% FEE %= 15.00% t. Names and classficatons of consultant (key stag team members must be listed. Provide separate breach for prime and all subconsultant hums. 2. Billing rate = actual hourly rate' (141CR)'(1 -Fee). Agreed upon billing rates are not adjustable for the term of contract. 3, For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. Note, • Denote all employees subject to prevailing wage with an asterisks" For "Other Direct Cost'lising, see page 2 25M -114 Effecgve dale of Nametion, TitlelClassiffcationl Hourly Billing Rates' Hourly Rate Actuall Hourly Range Average % or $ for Classifications Straight OT H.5kH OT 2x From To Hourly Rate' Increase and Aravind Batra/Prmmpa,),Engineer $250,84, ., .... , -_„ 01101115,. 12131115 _$.76.00 Applicable $260,87 -- — 01101/16 12/31116 $79.04 4% $271.31 -- — 01101/17 12/31117 $82.20 4% $282.16 01101/18 12/31118 $85.49 4% Thomas Swan Engineer Grade 04 $216.18 ._, -1111 01101115 12137115 $6550 Not Applicable $224.83 -- — 01/01116 12137116 $68.12 4% $233.82 -- — 01/01117 12131117 $70.84 4% $243.18 07107118 12131/16 $73.68 4% Malaga Jackson /Deslgn Engineer Grade 02 1111 $134.33 _ „ — 01101115 _ 12/31/15 1111_ $40.70, Not Applicable. $139.70 — — 01101116 12/31116 $42.33 4% $145.29 — — 01101117 12/31117 $44.02 4% $151.10 01101118 12)31118 $45.78 4% NIen SlylDesgn Engineer Grade 0l . a $118.32 -' _. -1111 01101116 0111_ .. 12131115 $3685 Not .Applicable __.. $123.06 ,1111— 01101/76 12131116 _. 4% 1111__. 1111_ $727.98 - 01101177 12)31)17 $38.78 4% $133.10 01101118 12)31)10 $40.33 4% t. Names and classficatons of consultant (key stag team members must be listed. Provide separate breach for prime and all subconsultant hums. 2. Billing rate = actual hourly rate' (141CR)'(1 -Fee). Agreed upon billing rates are not adjustable for the term of contract. 3, For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. Note, • Denote all employees subject to prevailing wage with an asterisks" For "Other Direct Cost'lising, see page 2 25M -114 EXHIBIT 10-H City of Santa Ana On -Call Engineering Services Page 1 of 1 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (RFP 14 -037) COSTPROPOSAL PRIME: PSOMAS Contract No.: C000000 Date: 113012015 SCHEDULE OF OTHER DIRECT COST ITEMS Type of Expense P2S Engineering Travel: Actual A. Airfare B. Rental Car C. Personal Car ** D. Per Diem External Printing and Reproduction: Copying /Printing 81/2" x 11" black and white Actual 11 "x 17" black and white Actual B 1/2" x 11" color Actual 11 "x 17" color Actual Delivery Services: Actual Miscellaneous: A. Actual IMPORTANT NOTES: 1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations. 2. Proposed items should be consistently billed directly to all clients (commerical entities, Federal govt., Slate Govt., and Local Govt. Agency), and notjust when the client will pay for them as a direct cost. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or In the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentallon (invoice) 5. Item listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre- approved by the contracting agency. The rates should not exceed the State Department of Personnel Administration (DPA) require 7. If mileage is planned. The rate should be properly supported by the consultant's calculations of their actual costs for company vehicles. In opinion, the miles claimed should be supported by mileage logs. B. If a consultant proposes rental costs for a vechicle, the company must demonstrate that this Is their standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 25M -115 MIDT I&H Pope 1 .11 CITY OF SANTA ANA ON-CALL ENGINEERING SERVICES (RFP 14-037) COST PROPOSAL PRIME: PSOMAS SUBCONSULTANT: LAEAvaroclatoa,fint. (LAE) Contrad No.: Prop, Benefit Overhead GenodAdmInistuallan NORMAL Q.DD% 175.00% 040% Order V112016 Corrunined Infivact Cost Ruder ([OR) 175.00% FEE%= 9.50% 1. Name; and team Manlove must be Ilsted. Provide separate abseethow prime and an subcomeniand burns Z Billen; nae - actual houldf rate* 0-ICRY(I400). Agreed upon Who name are net adjusuntra for the tan of contmet 3, For owed ompkrmas enter the anbed bout rate. For clamifflersions cm1b,, enter the average heart, rate for thad cloWflerbam. Note: Debate all empWan ubjut to prevalkV wage with a murrisk; F,-OmerOmcCmrWrf. sae page 2 25M -116 Effedve date of NamefJob Howit, BillIng pal Nearly Rate Actumil Hourt, Range Average Y.wS farclaselficamrs straight OT 0.54 or GO From TO Hourly Raw Increase an Fred Alamogwtla, 8 n 'm $15D.00 - 01101115 01101115 1701116 $50.00 $155.00 01"Ift .. 01)01116 -0- 12J31116 3% . . .... . .... ...... --------- - ------- 5159.00 .... . h01T OV01117 I! IN31117 $53.05 3% 1010 $164.00 01101118 12131118 $54.64 3% $169.00 I 01mills 12131119 $56.28 3% San AVd.9 Pappam Coordinator $6000 0I111I5 12131115 $20.00 NotAmbeable $0100 01101116 17131116 $2060 3% $6340 01101/17 12131117 $21.22 -.3% $65.00 01101118 17/31118 $21.05 ---F22 3% -3%- 167.00 0110111110111 9 1713119 5-1 50.00 01FOU15 I7J3VI5 $0.00 - ------------- $0.00 - - 0117118 17/31116 $0.00 - ------------- - . . ..... $0.0 01401117 IT31117 $0.00 ... . .... . .... . .......... ..... . . ............ ..... . $0.00 ...... OhOW8 12131118 $0.00 ... . . ............ $0.00 - DIM1119 12131119 $0.00 - 0101115 12131115 $0.00 .......... . Nunn IQ $0.00 01101/16 17131118 $000 WDO ------------- $000 $0.00 0101116 12131118 S50 $0A 0111A9 120119 50.00 $0.00 0101115 12131115 1010 50.00 NolfilmlimWe $0.00 1010 011111116 121311fil $0.00 50.00 $0.00 011111/17 12011ilf 50.00 -.10,00 001118 1701118 $0.00 01101119 12131119 iiii Itum 01101115 ---LOM. N . _01 Appa2n_... . ............. . . 1000 . . ... . ... . .. ............ . . _111tLl 21Iji � 1101. -------- ...... --- ---- 7 317 ... $0.00 „_......... so 00 7 10-.. _........___._._........_,.,.,. 0MV18 12rdi/18 $0.0 $0,00 . ......... $0,00 011911191 12)31/19 $0.00 $0.00 0110VIS $0.00 -Mt 50.00 01101/15 12f31116 50I00 01411117 IPJ31117 $0.00 $0.00 MUM 12131118 ___50.DD SO.DO OV01119 12131119 101101119 $0.0) 01101115 120115 -- $0.00 $0.00 01101116 1201116 __..__$0.00 $0.00 7 Ili $0.00 avollia IPJ31118 50.00 X00 - 1101__ - 1111....,...- 12131/19 KDO SUB - -1111...1101 0111 /15 12al/16 01,01110 12(31116 0.00 10.DD $000 11 1011 - 1101..- 1101 1111., �117 $040 $0.00 OV01118 IV31116 $0.00 $0.00 01101119 11/31119 50.00 $0.00 1111116 111115 $O.DO NA AW-bID - $0.00 -_ -- 11/31/16 (F $O.DO $0.00 17131117 - ------ $0.00 1010 OVDVIB 1231118 1010 $0.00 $0.00 01111I9 1211119 $QOD 1. Name; and team Manlove must be Ilsted. Provide separate abseethow prime and an subcomeniand burns Z Billen; nae - actual houldf rate* 0-ICRY(I400). Agreed upon Who name are net adjusuntra for the tan of contmet 3, For owed ompkrmas enter the anbed bout rate. For clamifflersions cm1b,, enter the average heart, rate for thad cloWflerbam. Note: Debate all empWan ubjut to prevalkV wage with a murrisk; F,-OmerOmcCmrWrf. sae page 2 25M -116 EXHIBIT 10.H Page 1 of 1 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (RFP 14-037) COSTPROPOSAL PRIME: PSOMAS Contract I Date: 21112010 SCHEDULE OF OTHER DIRECT COST ITEMS Type of Expense LAE Travel: Actual A. Airfare B. Rental Car •• C. Personal Car •• D. Per Diem •' External Printing and Reproduction: CopyinglPdngng 812" x 11" black and white Actual 11" x 1r black and white Actual 812" x 11 "color Actual 11 "x 17" color Actual Delivery Services: Actual Miscellaneous: A. Actual IMPORTANT NOTES: 1. List direct cost Items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations. 2. Proposed Items should be consistently billed directly to all clients (commerical entities, Federal govt., Stale GovL, and Local Govt Agency), and not just when the client will pay for them as a direct 0081. 3. Items when Incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate, 4. Items such as special tcoling, will be reimbursed at actual cost with supporting documentation (invoice) 8. Item listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. e. Travel related costs should be pre - approved by the contracting agency. The rates should not exceed the State Department of Personnel Administration (DPA) root 7. It mileage is c iamed. The rate should be property supported by the consuhant's calculations of their actual costs for company vehicles. In Water, the miles claimed should be supported by mileage lags. 8. If a consultant proposes rental costs for a vechicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 25M -117 x� ov m� x• o 0 YC v N Lr7 � •gyp M U G � ro ❑ W U � 0 O di U a Q b u � O � O � � v z o P. U O rn Z II W U V N � � o Q � b Q � U d id V N ®¢ z c7 U � F C W O F U_ O o •p U � b III��GIII U � >w U Oe z ° = M v y o L 9 d � r ao ®o ^� C H r•y o W Uw L O A w 0 5F W z 0 Q U U C F a C C L C a C 0 (CC0 rroj �+ N v o w o o xo� 69 ro p o e o 0 o e o 0 o e o o e o 0 0 aU. U O O O O O O O O O O O O O O O O o �h i lr�h i h L T Vl 01 vl 7 l� V 00 rn N CO O 00 N Y �' 00 b h h l� Vl O W O h b N In t1 r rn Qf h o0 M b T M 01 iD W N U a V a\ M Ni rn M mM In h to O N IN In b co r. M b fn b O d ..' 64 H3 69 69 fA � fA fig 69 69 V3 Y3 64 H3 69 69 69 (fi 64 69 69 ER (f] 69 b- w b h- b- to b l- to b t� W tD h m b l� tp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T N N N N N N N N N N N N N N N N N N N N N N N N Fes. r� r� r� \'. r� r\ r- r\ M —n r— - c— — r� r� � In In r� r\ w 0 0 0 0 ti 0 0 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 0 0 0 0 0 n b b .-� �--i ti .-r .-i r-i .-� O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N W w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 6A Vi ff3 69 (.9 Ef3 ffi 69 V3 69 6A Vi Vi F�49 Vi fH 69 b9 69 V? Vj 64 ff3 4% i OmO t`O N hh ODD --� rnO V �D OIL G1 vi b Nd'O I I rnG oo hrO rM tb �.: b �nNO ti M rn b O In O In In � 69 69 V3 H3 69 Yf FA 69 69 Y3 64 69 69 69 69 69 69 6q 6R Y3 64 69 69 69 b N tp N b (V O b rn rn 01 DO V1 l� O r f� oo b O ti �In� � va sNS SNS���v3 ss ss z^s�����sn v�vi z°a cn zn v�si �n ti 4' w❑ W W v W C ,c b GA C F" U U > U 4 ❑dam, U C� >... bp C CW.B c ro��+ bq � .'� m .. LU 2 y YO f+ W ` •� �6Lla'C7P.w0.Lla..rGTvCOD ffi Vyl r°-'C] °mil Wa'F 25M -118 Y. c 0 U P � N O ^ U R% ro U � O � 0 R C Y W N O N a� m U T o '9 N O ro u N N � � N � � T a � p U � � W y OA y ai Y d O w F`' � ro T iF T U P V vU 0 tC o yv, d m 0 W •t�� T L ti au � E z3mw °« °c Q .. N rn* w 0 v bA 0. rl Q M '1 P. .i EXr lg -H City of Los Angeles Bureau of Engineering Pegs I of 1 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (RFP 14 -037) COSTPROPOSAL PRIME: PSOMAS SUBCONSULTANT: LaBelle Marvin, Inc. Contract No.: auto: 113012015 Fringe Benefit Overhead General Administration Combined Indirect Cost Rate(ICR) NORMAL 0.00% + 0.00% + 0.00% = 0.00% FEE % = 0,00% 1. Names and classficarm s of consultant (key und) team members must be listed. Provide separate sheeet for prime and all subconsultant firms, 2. Billing rata = actual hourly mte' (I lCR)`(i 4ee). Agreed upon billing rates are not adjustable for the term of contract 3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. Note, Denote all employees subject to prevailing wage with an asterisks • For "Other Direct CosP lising, see page 2 25M -119 Effective date of Nameflob TltlalClassificagonl Hourly Billing Rate,' Hourly Rate Actual/ Hourly Range Average % or$ for Classification Straight OT (1.5x) OT (2x) From To Hourly Rate' Increase only Steven R, Marvin, Principal Engineer $225.00 - - 01101115 12131115 $225.00 $225.00 - - 01101116 12131116 $225.00 ...... 0% .._ ............ ............... ................ .. _....,.. _. 5225.00 ....... -.. 5555.- ,5555.., 01101/17 ,1118,5555.. 12131117 $2..5.00 - 55$20_ 0% $225.00 '........ 01107118 .,. 72137178 ..........$ .. $225.00 - " " " " " " -- 0% ....,....,,...,,......,.. $225.00 5555.0.. 01101119 12131119 .......__ $225.0.. $225.00 0- " " " -_- 0% .___...___. Edward S. Perez, Project Engineer $175.00 - - 01101115 12131175 $1]5.00 0% Not Applicable .............. ................ ........................$2555._ $175.00 - 01101116 12131116 $175.00 --------------- - 0% $7]5.00 ......C.. ......., '....._. .. ,1/17,5555,. 01101117 5555.........._.. 7213717] 5555.. $1]5.00 ...._.. 0% .. .., .... ,......... , ......'.. .. 01101118 5$255.. 72137118 ......... _. ...... $175.00 --- " " " " -- 0% __._...__. $175.00 01101119 12137179 $7]5.00 ---- - - -"'" 05$25 0% Gri R, Marvin Engineering Aide .. ........ .. .,. $745.00 - ..._..... - 01101115 ,516,5555,. 72137115 516....._...$ $145.00.[ 0% Not Applicable ...,.,.,, $745.00 -.. '........ 01101/18 72137116 $746.00 0% ........._ __.__ __... ___.. $745.00 $2555. - - ' 0110711] _.__ 72137177 _.__.$14... $745.00 .......... 0% ...._. $145.00 - - 01101118 1 2131178 $145.00 0% $745.00 01101119 12137119 $745.00 _ ... .......... 0% Griffin R. Marvin, GPR Analysis __..... ........ ....__.. $145.00 01107115 12137115 $145.00 0% --- " " - " -- Not Applicable $145.00 - - 01107116 12137116 $745.00 0% ...._......... $145.00 - - 01/01/17 12131/17 $145.90 o% ................. ..,.,.,....,. .,.,....,..., .,.,.,.,,.,.,... $145.00 -.. C_...... 07107118 12131118 $145.00 --------------- 0% $14e.0o 5555... 5555... svovls 12131/19 .._........ 5555 s14e.90 --- -_ - " -- 9% .. .,...,,.......,.,...... Orihin R. Marvin, FWD Analysis $145.00 - - 07107115 12137115 $145.00 0% $2000-- " - " " -- Not Applicable $145.00 - - ovolns 1213v1s s145.90 9% .........._..... . . .... .................. _._........_ $745.00 ......,.,., 01107117 1213711] $745.00 - 0000 0055.. $145.00 _. -.. 55 55r..._... 1...1.1.8....,..... 01101118 ..,......,.$ 12131118 3145,00 -- --- 0000-- 0% ..., ......._..._....... $2555... ........ ..___. _.__.. $745.00 01101119 12137119 $745.00 - -- $2000 -- 0% _ .............. Technician $80.00 - - 07107115 12131115 $80,00 0% Not Applicable $eo.0o 07107116 16 $8000 0- $00.00 0710 1117 12 zr371ni] $80,00 0% . 01101f1B _..... 12131118 $80.00 0% $80.00 01101119 12131119 $80.00 ------ - - - -- 0 % 0% Report Pre(,,,,, ,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,, $70.00 - - 07107115 12/31/15.,,,.,..... $7000 0% Not Applicable,,,.,,, ,, $70.00 5555 ........ - 55,55.. 01101116 5555,., ... 12131116 570.00 - - - - -- 0% $70.00 ......'.. - ........ - 01101117 12/31117 $70.00 $70.00 0% $70,00 - - 01107118 12131178 $70.00 ----------""""- - 0% $70.00 01101178 12131179 $70.00 0% FWD Tech Recorder .......... $80.00 - - o7107115 5$2$25. 12131115 $80.00 0% __........ Not Applicable $80.00 - - 01101/16 12131178 .....__....... $80.00 0% __._.....__. $80.00 - - 0110111] 12/31/1] $80.00 -------- " " " " -- 0% _ .... .. ................ $80.00 - 01101/78 12131/70 $80.00 .-.--------.""- - 0% $80.00 ........ 07107/79 12131179 $80.00 0% 0% _....................._ Consider BoringwlTech $240.00 - - 01101175 12131175 $240.00 0% Not Applicable $240.00 - - 01/91116 lvmns $249.00 0% ........... ............. $zao.0o .. . ... - 1213n1 - - -o -.-% --_ ......... ..... ....... ..... $240.00 $za9.00 _..::.. 555$2 .a. .9011 8 .. O1/9111e ....... 1v1 .e .............._.$_2, $246.66 ------ .- .......__._.......... 5240.00 01)91119 12/31119 24490..00.0 . $240.00 000^r0-, -- -- - o ^r, ....._. Field Technician wee Nuclear Gauge $80.00 - - 01)(1115 12131115 $80.00 0% ------- " " " " -- Not Applicable .., .... ,5, _,......,..,_... .. ...._.__,...,. $80005555...: f.. .. .._'....,... 01101116 12131116.........._%8000 0% $80.00 07)01117 7213117] $80.00 0% $80.00 - - 01101118 12137178 $80 00 0% 07101119 72131179 $80.00 $80.00 0% 1. Names and classficarm s of consultant (key und) team members must be listed. Provide separate sheeet for prime and all subconsultant firms, 2. Billing rata = actual hourly mte' (I lCR)`(i 4ee). Agreed upon billing rates are not adjustable for the term of contract 3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. Note, Denote all employees subject to prevailing wage with an asterisks • For "Other Direct CosP lising, see page 2 25M -119 EXHIBIT 10.H City of Los Angeles Bureau of Engineering Page 1 of 1 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES (RFP 14 -037 COSTPROPOSAL PRIME: PSOMAS Contract No.: Date: 113012015 SCHEDULE. ON OTHER DIRECT COST ITEMS Type of Expense PsomasLaBe Ile Marvin, Inc. Travel: Actual A. Airfare ** B. Rental Car ** C. Personal Car «« D. Per Diem External Printing and Reproduction: Copying /Printing 8 1/2" x I V black and white Actual I V x 17" black and while Actual 8 1/2" x 11 "prior Actual 11" x 17" color Actual Delivery Services: Actual Miscellaneous. A. Actual IMPORTANT NOTES: 1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations. 2. Proposed Items should be consistently billed directly to all clients (commerical entitles, Federal govt., State Govt., and Local Govt. Agency), and nctjust when the client will pay for them as a direct cost. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cast pool or In the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice) 5. Item listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre - approved by the contracting agency. The rates should not exceed the Stale Department of Personnel Administration (DPA) requiren 7. If mileage Is charred. The rate should be properly supported by the consultant's calculations of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. B. If a consultant proposes rental costs for a vechlcle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not awn any vehicles that could be used for the same purpose. 25M -120 EXHIBIT 10 -K 25M -121 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at http:/f)vww. dot. ea. govAaq/ LoealProgranis /DLA_OBIDLA_OB.htm'in lieu of this form.) Certification of Final Indirect Costs: Consultant Fhm Name: Psomas Indirect Cost Rate: 170.60% * for fiscal period 01/01/2013 to 12/31/2013 (mm /dd /yyyy to mm /dd/yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: Project Number: RFP No. 14 -037 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2, This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 99 Million and the number of states in which the firm does business is 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 January 14,2015 25M -122 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 —Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ _31.500 _ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ 200 0� 00 Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) Consultant Certifying (Print Name and Title): Consultant Certification Signature * *: Date of Certification (m1n/dd /yyyy): 01/29/2015 y Consultant Contact Information: Email: nl yrialcoudis@psomas.com Phone number: * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Nate: Per 23 U.S.C. 112(b)(2)(B), Subconsultmats must comply with the FAR Cost Principles contained in 48 CFR, Pmt 31, 23 CFR Part 1723 Definitions state: Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore, sulbconsultants as parties of a contract nnust complete a Certification and send originals to A&I and keep copies in Local Agency Project Files. Distribution; 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files Page 2 of 2 UP 15 -01 25M-123 January 14, 2015 25M -124 F.XHBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at hitp.11 www. (lot ca. gov1 hq/ Loca1Programs 1DLA_OBIDLA_OB.htrn in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Iteris, Inc. Indirect Cost Rate: $168.68% * for fiscal period 04/01/2013 - 03/31 /2014 ( mm/dd/yyyy to mm/dd/yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract N umber: Project Number: RFP No. 14 -037 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. CertificationofFinancial Management System: 1, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certificationof Dollar Amount for all Ac&EContracts: I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $_10,652,834_ and the number of states in which the frm does business is 42 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page] of 2 LPP 15 -01 January 14, 2015 25M -125 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 1 Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ 4,500 Prime Consultants (ifapplicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional pageif necessary): M Consultant Certifying (Print Name and Title): Name: Ramin Massoumi Title: Vice President Consultant Certification Signature Date of Certification (mm/dd/yyyy): 01/30/2015 Consultant Contact Information: Email: rmm @iteris,com Phone number: (949) 270 -9527 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Sub e..... hams must comply with the FAR Cost Principles contained in 48 CFR, ],art 31. 23 CFR Part 1723 Definitions state: Consultant means 9re individual orfirm providingenglneering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A&] and keep copies in Local Agency Project files. Distribution: 1) Original to Cahrans Audits and avestigations 2) Retained in Local Agency Project Files UP 15 -01 25M -126 Page 2 of 2 January 14,2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA -0B 13 -07- Safe Harbor Indirect Cost Rate for Consultant Contracts found at http: / /www. dot. ca. gov/ hq/ EocalProgrants IDLA_OBIDLA_OB.htm in lieu ofthisform.) Certification of Final Indirect Costs: Consultant Firm Name: Lynn pouya, Inc. Indirect Cost Rate: 175.2% * for fiscal period 09/01/2013 to 08/31/14 (mm /dd /yyyy to mm /dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: Project Number: RFP No. 14 -037 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: 1, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 2,571,000 and the number of states in which the firm does business is one (1) California. Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 January 14, 2015 25M -127 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ 4,500 Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) Consultant Certifying (Print Name and Title): Name: Lvnn Capouva Title: President Consultant Certification Signature * *: Date of Certification (mm /dd /yyyy): 01/30/2015 Consultant Contact Information: Email: 1 nn leaoouvacom Phone number: (949) 756 -0150 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S. C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A&1 and keep copies in Local Agency Project Files, Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files Page 2 of 2 LPP 15 -01 January 14, 2015 25M -128 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA -OB 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at http: / /www.dot.ca. goy/ hq/ LocalPrograms/DLA_OB/DLA_OB.htm in lieu of thisform.) Certification of Final Indirect Costs: Consultant Firm Name: PETRA STRUCTURAL ENGINEERS Indirect Cost Rate: 156 %_ * for fiscal period 01/01/2015 TO 12/31/2015 *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: Project Number: RFP No. 14 -037 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final ,Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $_50,000 and the number of states in which the firm does business is 1 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 January 14, 2015 25M -129 Local Assistance Procedures Manual EYHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terns of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ 4.500 Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) Consultant Certifying (Print Name and Title): Name: PETER Title: PRINCIPAL Consultant Certification Signature ** Date of Certification (mm /dd /yyyy): _01/29/2015 Consultant Contact Information: Email: PSARKIS @PETRASTRUCTURAL.COM Phone number: 949- 329 -1049 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part31. 23 CFR Part 172.3 Definitions state.: Consultant means the individual orfirm providing engineering and design related services as aparry to the contract. Therefore, subconsultants as parties ofa contract must complete a certification and send originals to A&l and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files LPP 15 -01 25M -130 Page 2 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07 - Safe Harbor Indirect Cost Rate far Consultant Contracts found at hitp://www. dot. ca. gov/ hq/ LocalPrograms/DLA_OB/DLA_OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: P2S Engineering Inc. Indirect Cost Rate: 187% * for fiscal period 1/1/14 to 12/31/14 (mm /dd /yyyy to mm /dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: Project Number: RFP No. 14 -037 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ $928,000 and the number of states in which the firm does business is 1 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). Page 1 of 2 LPP 15 -01 January 14, 2015 25M -131 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ 4,500 Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: Kent Peterson Title: Principal Vice President Consultant Certification Signature * *: Date of Certification (mm /dd /yyyy): Consultant Contact Information: Email: kelit peterson(obp2senR com Phone number: 562 -497- 2999 01 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants mast comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state, Consultant means the individual orfirm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A &I and Iceep copies in Local Agency Project Files. Distribution: I) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files LPP 15 -01 25M -132 Page 2 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND 1+INANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -011 I3 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at INtp.11www. dot. ca.gov/ Itq/ EocalPrograrns /DLA_OBIDLA_OB.him in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: LAE Associates. Inc. (LAE) Indirect Cost Rate: 175 %* for fiscal period 01/01/2013 to 12131/2013 (mm /dd/yyyy to mm/dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa An Contract Number: Project Number: RFP No. 14 -037 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: I. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: 1, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendaryears for all State DOT and Local Agencies is $609.264.00 and the number of states in which the firm does business is one (D. Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). LPP 15 -01 25M -133 Page I of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 2, Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project fites. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $4,500 _ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): $ Consultant Certifying (Print Name and Title): Name: Fred d Alamolhoda Title: President Consultant Certification Signature Date of Certification (mm /dd /yyyy): 02/01/2015 Consultant Contact information: Email: FredA LAEassociates.coni Phone number: (714) 993 -2$40 * *An individual executive or financial officer of the consultant's organization at level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants mast comply tech the MR Cast Principles container! in 48 CFR, Part 31, 23 CPR Part 172.3 Definitions state; Consultant rneans the individual or firm providing engineering and design related services as a party to the contract. Van- -fore, subconsultants as parties of a contract must complete a certfcation and send originals to rl &l and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Piles UP 15 -01 25M -134 Page 2 of 2 January 14, 2015 Local Assistance Procedures Manual EXHBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -0B 13-07- Safe Harbor Indirect Cost Rate for Consultant Contracts found at http: / /www. dot. ca. gov/ hq/ LocalProgramsIDLA_OBIDLA_OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: GMU GEOTECHNICAL, INC. Indirect Cost Rate: Safe Harbor Indirect Cost Rate = 110% Date of Proposal Preparation (mm /dd /yyyy): 09/03/2014 Fiscal Period Covered for Indirect Cost Rate Developed: 02/01/2015 to 02/01/2018 Contract Number: Project Number: RFP No. 14 -037 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final indirect cost rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and indirect cost rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our financial management system meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $4.5 million and the number of States in which the firm does business is 4. Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 25M-135 January 30, 2015 Local Assistance Procedures Manual EXHBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $4,500 Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to Prime, list all subconsultants and proposed subcontract UNKNOWN * Consultant Certification Signature: AA Consultant Certifying (Print Name and Title): Name: Gregory Silver Title: President Consultant Contact Information: Email: gsilver(a gmu e� o.com Phone number: 949 - 888 -6513 Date of Certification (mm /dd /yyyy): 01/30/2015 if on -call contract): $ amounts (attach additional page if necessary): *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the indirect cost rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconeultanis must comply with the FAR Cost Principles contained in 48 CFR, Part 31, 23 CFR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design related services as aparty to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A &1 and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Piles Page 2 of 2 January 30, 2015 25M -136 EXHIBIT C ADDITIONAL PROVISIONS CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • Request for Qualifications (RFQ) — RFQ No. 14 -037 • Statement of Qualifications (SOQ) -- in response to RFQ No. 14 -037 • Request for Proposal (RFP) — RFP No. 14 -037 • Proposal - -in response to RFP No. 14 -037 25M -137 EXHIBIT D ATTACHMENTS D -1, D -2, D -3 & D -4 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -138 APPENDIX ATTACHMENT U -1: NON- COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA AAA REQUEST FOR PROPOSALS • NON- gQLLUSION 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 BIDDiWR 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 oragentthereof to effectuate a collusive or sham bid. above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature sot hall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that Ise ertificatlon may subject the certifier to criminal prosecution. State of California County of Crange Ci #y of Santa Ana RFP 14.037 Page 26 25M -139 _._........ _ APPENDIX ATTACHMENT D -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS _ CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to Influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Vice President November 17, 2014 Anissa 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 -037 Page 27 25M -140 APPENDIX ATTACHMENT D -3: DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 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.G. 1701 u (Section 3). The 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 collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to Include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause; upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations 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. 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. City of Santa Ana RFP 14 -037 _____ Page 28 25M -141 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 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 mary 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 Signature Signature Anissa Voyiatzes, Vice President Print Name and Title Print Name and Title 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 -037 Page 29 25M -142 APPENDIX ATTACHMENT D -4: CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment and including, but not limited to; what is listed in the Non - Discrimination Clause in Exhibit 10 -V per: http: / /Www.dot.ca.gov /hq /Local Prog rams /lamlform s /chapterl 0 /10v- 2013- 05- 14.docx and that it agrees to demonstrate positively and aggressively the principle of equal opportunity In employment. The same shall apply and be included in all subconsultant agreements. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM TITLE OF PERSON SIGNING SIGNATURE 4 DATE PSOMAS Anissa Voyiatzes, Vice President November 17. 2014 Please include any additional information available regarding equal opportunity employment programs now in effect within your company, THIS FORM MUST BE COMPLETED AND INCLI PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL Page 30 25M -143 Balancing the NatUrth and Bulr [n,ronment EQUAL OPPORTUNITY POLICY STATEMENT Psomas is firmly committed to Equal Employment Opportunity (EEO) and to compliance with all Federal, State and local laws that prohibit employment discrimination on the basis of age, race, color, gender, national origin, religion, disability, protected veteran status and other protected classifications. This policy applies to all employment decisions including, but not limited to, recruiting, hiring, training, promotions, pay practices, benefits, disciplinary actions and terminations. As a government contractor, Psomas is also committed to taking affirmative action to hire and advance minorities and women, as well as qualified individuals with disabilities and covered veterans. We invite employees who are disabled or protected veterans and who wish to be included under our Affirmative Action Program to self - identify as such with the EEO Coordinator. This self - identification is strictly voluntary and confidential and will not result in retaliation of any sort. Employees of and applicants to Psomas will not be subjected to harassment, intimidation, threats, coercion, or discrimination because they have engaged or may engage in filing a complaint, assisting in a review, investigation, or hearing or have otherwise sought to obtain their legal rights related to any Federal, State, or local law regarding EEO for qualified individuals with disabilities or qualified protected veterans. As CEO of Psomas, I am committed to the principles of Affirmative Action and Equal Employment Opportunity. In order to ensure dissemination and implementation of equal employment opportunity and affinnative action throughout all levels of the Company, I have selected Caroline Yontez as the EEO Coordinator for Psomas. One of the EEO Coordinator's duties will be to establish and maintain an internal audit and reporting system to allow for effective measurement of the Company's programs. In furtherance of Psomas' policy regarding Affirmative Action and Equal Employment Opportunity, Psomas has developed a written Affirmative Action Program which sets forth the policies, practices and procedures which the Company is committed to applying in order to ensure that its policy of non - discrimination and affirmative action for qualified individuals with disabilities and qualified protected veterans is accomplished. This Affirmative Action Program for qualified individuals with disabilities and qualified protected veterans is available for inspection by any employee or applicant for employment upon request, between 9 am and 5 pm at the Human Resources department. Any questions should be directed to me, your supervisor, or Caroline Yontez, EEO Coordinator. 25M -144 CEO PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 51h day of August 2015 by and between Willdan, Inc. (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 A. The City desires to retain a consultant having special skill and knowledge in the field of: On -Call Engineering Services to provide engineering services on an as- needed basis. Engineering services may include, but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project/task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this the City may choose which consultant to assign the project /task to pursuant to this Agreement. 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 related field of expertise. 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. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one -year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. Exhibit 4 25M -145 2. SCOPE OF WORT{ Consultant agrees to 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. Additional Agreement provisions, if any, may be contained in "Additional Provisions" attached hereto and incorporated into this Agreement as Exhibit C. 3. SCHEDULE OF SERVICES If a Task Order is issued, Consultant shall complete services and shall perform and deliver them to the City as described and detailed in Exhibit A and per the Task Order provided. The City may request that the Consultant provide a proposed scope of work, schedule and budget for a particular project or work product within a Task Order. If the City approves the Task Order, the City will issue a Notice to Proceed ( "NTP ") approved by the Executive Director of the Public Works Agency or his /her designee ( "Executive Director"). Consultant shall meet the work deliverables within the Task Order, the schedule and budget unless otherwise adjusted by the City. Such services shall be provided per written request of the Executive Director after the City's issuance of the NTP. 4. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates, fees, and charges identified in Exhibit B, "Compensation ", attached hereto, and incorporated by reference, in an amount not to exceed two hundred fifty thousand dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). Exhibit B includes completed Federal Exhibits 10 -K and 10 -H along with all Consultant and subconsultant(s) rates and fees that comply with federal requirements. Exhibit D includes all previously completed Federal certification forms as part of the Proposal submittal in response to the Request for Proposals. These are attached hereto and incorporated herein as Attachment D- 1, D -2, D -3 and D -4. 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 disks (CD)s, USB jump drives or equivalent, 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 2 25M -146 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. PAYMENTS & INVOICES a. 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: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and /or Task Order number andor name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 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. 8. 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 25M -147 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, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. in accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained. 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, except for 10 days' notice for non- payment of premium. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 4 25M -148 9. 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 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 "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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. 10. LAWS AND REGULATIONS Consultant shall keep itself frilly informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without 5 25M -149 reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. (Also see Exhibit D.) 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. 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 Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 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(s) 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. rl 25M -150 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. (Also see Exhibit D.) 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. The 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 7 25M -151 To Consultant: WILDAN Inc. Kenneth C. Taylor, PE 2401 East Katella Avenue, Suite 450 Anaheim, CA 92806 -5982 Phone: (714) 978 -8200 Facsimile: (714) 978 -8299 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 facsimile, 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. Additional provisions, if any, are identified as Additional Provisions — Exhibit C, attached hereto and incorporated herein by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25M -152 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 R. CARVALHO City Attorney By: 1 L 1 _ Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: (Name) (Title) 25M -153 EXHIBIT A SCOPE OF WORK CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES I. GENERAL The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an as- needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. A detailed Scope of Work will be outlined when/if a specific project or Task Order is assigned to the consultant. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. Funding sources for each project may vary ranging from local, Measure M2, state and federal and each project /task order assignment shall comply with the funding agency's requirements. The projects may include storm drain improvements; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and /or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, and other related projects as required. On occasion, environmental and planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection. Occasionally, the City may also need geotechnical, mechanical, electrical and /or structural services. The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and /or sub - consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub - consultant, the prime consultant shall serve as an administrative liaison between the City and the sub - consultant. The prime Consultant marls -up for sub - consultants shall not exceed 10 %. II. PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS &E ") for various projects on an as- needed basis. However, work tasks may include studies or a variety of engineering or other 10 25M -154 tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and /or Task Order. Specific Task Orders with Notices to Proceed ( "NTPs ") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible- charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: 1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and /or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared 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 Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and /or specifications accordingly. 5. 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 responsible /in- charge of the project. These signed originals shall then become the property of the City. 6. If a part of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: 25M -155 A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre - construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The 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 (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e -mail. 8. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and 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 revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation for regular or overtime hours necessary to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional - level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required. 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. III. GENERAL REQUIREMENTS 1. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 12 25M -156 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and funding agency requirements or audits if requested. 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. Information - 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. 13 25M -157 e. 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 and the related guidelines that may be more recent. 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 ". f Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub- recipients) 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 Act 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 CPR 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. Equal Employment Opportunity - Consultant, and all its contractors (or sub - recipients) 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. Anti - Kickback Act - Consultant, and all its contractors (or sub - recipients) 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. 14 25M -158 Davis -Bacon Act - Consultant, and all its contractors (or sub - recipients) 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. Contract Work and Safety Standards Act - Consultant, and all its contractors (or sub - recipients) 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. Clean Air Act - Consultant, and all its contractors (or sub - recipients) 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. 1. Energy Policy and Conservation Act - Consultant, and all its contractors (or sub - recipients) 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. Patent - 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. n. Copyrig ht - 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. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders 15 25M -159 EXHIBIT B COMPENSATION CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -160 V i WILLDAN Celebrating 50 years oa ° set vice February 3, 2015 City of Santa Ana Attn: Monica M. Suter, PE, TE, PTOE Public Works Agency 20 Civic Center Plaza, 3`d Floor, Ross Annex Santa Ana, CA 92701 Re: Sealed Proposal for RFP No. 14 -037; On Call Engineering Services in the City of Santa Ana Dear Ms. Suter: Willdan Engineering (Willdan) is pleased to provide requested forms, Exhibit 10 -K and Exhibit 10 -H, for us and our subconsultants. We are including fully signed and compliant forms from Willdan Engineering and the following subconsultants: • Absolute Consulting Engineers • Black O'Dowd and Associates, DBE BOA Architecture • Coast Surveying, Inc. • Counts Unlimited, Inc. • WKE, Inc. Willdan has requested for RFP No. 14 -037, Exhibits 10 -K and 10 -H also from the following subconsultant, which is in the process of obtaining compliance with the Federal rate requirements and the above forms; however, has not yet, as their principal is currently out of the office on emergency leave: • OMB Electrical Engineers, Inc. Willdan understands that all information provided to date is available to the public, including the attached forms. By signing this letter, I agree that I am authorized to bind the firm. Willdan further understands that the update that consultant agreements will be fortwo years, with an optional extension of two additional years. Respectfully submitted, WILLDAN ENGINEERING Daniel Chow President and CEO Engineering and Planning I Enemy Efficiency and Sustainability I Financial and Economic Consulting I National Preparedness and Interoperability 714.978.8200 fax: 714.978.8299 1 2401 East Kateila Avenue, Suite 450, Anaheim, California 92805 -5982 1 www.willdan.com 25M -161 O N W 7 G d L .a U L a d y .N V a N W Fa W d m a O a f� O U .W7 x 0 W N w 0 v aNn a 4H W z 0 U O H U a z Z� w z 0 0 U y F 0 Aff 0 v ro x U c ° F o O O U � 0 0 ii 0 O N~ Q O O V � Co F w` 0 0 0 w w z 0 F U A F m d v � v o O o 0 w z z z z � � v3 ss v� v3 vs ss f» va ss s3 � o � y U � O 0 0 0 0 0 0 0 0 0 0 0 0 T N N N N N N N N N N N N In O s 0 0 0 o 0 0 0 0 0 0 0 0 0 m a 0 0 0 0 0 0 0 0 0 0 0 0 v p N N N N N N N N N N N N N y W k+ o00 000 000 000 D o c 0 0 0 0 0 0 0 0 0 (V _F 0 0, n o 0 0 �n c� �n o �n d• N N � 69 H3 EA rp 64 69 69 6R V3 69 fA 69 F r�- o � a V y fl C4 y o �4 � o ❑ 25M -162 4F O R R U R o N R 8 0 � a � R a. v N w L N _T w O N N b ay o F R b ti v � � p O Fo c P b U Q V Yom° ww T� T O N v ° T m O ❑ � O R � s � v -• v � o b N N ARi v C R — y � N rn dj z a� 3 w R 3 0 G N _ ca N N LL ti O � L ^o a�i U U N Q � O q w° H M en � R N a N b 0 M a a R � 0 r R L Qn O WU H U Q F O a w W a U N Q � U cdC O N U O U cp! Y Y « � W � N � T 0 O� � U P+ N S U U N N � A •S C a o � o c y = O N N U A N W fi o4 m U �w F T ±t T all S° 3 C � � O O N U y� O � Y N T � p a � O y U � N N N v II y zmw° z 25M -163 k S SiC 3 0 b�q N W tOi O a� O � V � N y y N T U O � a p °1 O Q w° N ti �p N W N 0 M rw Qr a o xwo z z z z z 69 � � o � O o e O •� � � � Moo .� Ooh O Ovi cO � Or W t`7 N 69 V3 69 69 69 64 69 69 69 69 69 69 69 69 69 0 N _T U W N b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v O N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W N N N N N N\ N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � r M ti � ti K ti f�l Cfl M a '� N M 7 �O l� W 00 D1 O r W 00 N N N N 69 69 H3 --i •-- .Ni f/J H3 69 69 69 69 fA H' 69 69 cR 69 Ni C C � O L � � W a U N Q � U cdC O N U O U cp! Y Y « � W � N � T 0 O� � U P+ N S U U N N � A •S C a o � o c y = O N N U A N W fi o4 m U �w F T ±t T all S° 3 C � � O O N U y� O � Y N T � p a � O y U � N N N v II y zmw° z 25M -163 k S SiC 3 0 b�q N W tOi O a� O � V � N y y N T U O � a p °1 O Q w° N ti �p N W N 0 M rw Qr a x� 0 0 � a O W U 7 b d i b u L Pr u n N u a om J 2 J m C U � z z z 4A � O b9 Q � o t° N M V1 N M O t V1 �D �O 69 69 V3 Vl V1 1p £A 64 � Vl V1 vi 69 (A rfl vl vi �O 69 69 V3 N V) V1 H3 EA 69 M C d' 69 69 fA T N N N N N N- N N N N N N N N N N N r\ f\ f\ t O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N pN N N N N N N N N N N N N N N N N N w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 X dZ V] 69 ff3 69 69 V3 69 fA 69 69 £� rag fA H3 69 rq fA 69 69 C y O p W q > tC H cC 25M -164 J U SC F O y � b � W O y cU N G U J a�Y O �- W s W N w+ N i W sR. J T J OG t>3 6 J N � N N U bq p o £ q,o U J £ � w b-0 U Y�o ww �U o 7 1` C O J O W y O R � N Z N w � T �y O F CL v J bb C C zww z x 'C w 3 w �Y m 3 0 b�q N sJ. J 0. y � bq J N y N O TU O aEi q O q w° M M v pp o Cg N W O N ^1 0 M i N O N W M xy O p 'a y � 4 wU F U U PW. �qz 6 z w O 5 z N O M p7 y Q M O z U 0 A 0 Y f i. O 9 25M -165 Vi °z F Q P N V R .Vi �b S V S ti m 3 6 v v° W � T C C o� S- b U S b V a oq Q n C v ` U U b � y Cd a r ti b y b '..A- .'^ 'F' 'y C � p ❑ m RAF y S U w o U ltl Va N m A 'O qA o N a N N N O U O �i NCy L rooS�a ��u�og L .-+ N r1 . Vi 16 r� W d' M pp O R N � O N O H QI a N N a r7 o z 0 F rF-i d P7 O F d Pa U W F O U � � A F w z o O � o�, � U F F � W La N N 1Tr vai d p7 V H d P7, U `� Q o U F F �+ of z �a o w � w w G7 � N N q rn F d 25M -165 Vi °z F Q P N V R .Vi �b S V S ti m 3 6 v v° W � T C C o� S- b U S b V a oq Q n C v ` U U b � y Cd a r ti b y b '..A- .'^ 'F' 'y C � p ❑ m RAF y S U w o U ltl Va N m A 'O qA o N a N N N O U O �i NCy L rooS�a ��u�og L .-+ N r1 . Vi 16 r� W d' M pp O R N � O N O H QI a Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Casts and Financial Management System FXHIBri, 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note; If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -013 13-07 - Safe Harbor Indirect Cost Rate, for Consultant Contracts found at htip.11www. dot. ca. govl hq/ LocalPrograms/DLA_OBIDLA_OB,htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Willdan Engineering Indirect Cost Rate: 160.1'1% * for fiscal period 1/1/2013 to 12/31/2013 (mm /dd /yyyy to mm/dd/yyyy) *Fiscal period covered for indirect Cost Rate developed (not the contract period). Local Government: Sity of Santa Ana Contract Number: RFP No. 14 -037 Project Number: N/A f, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2, This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $32,939,260 and the number of states in which the firm does business is 6. Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP I5 -01 25M-166 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CPR, Chapter 1, Part 172— Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ 50,000* Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ 200,000* Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) Absolute Consulting Engineers $ 8,000* BOA Architecture $ 8,000* Coast Surveying, Inc. $ 9,000* Counts Unlimited, Inc. $ 5,000* OMB Electrical Engineers, Inc. $ 10,000* WKF,, Inc. $ 10,000* *Estimated amount only Consultant Certifying (Print Name and Title): Name: Title: Consultant Certification Signature * *: Date of Certification (tnm/dd /yyyy): _January 30, 2015 Consultant Contact Information: Email: dchow(@,wilidan.com Phone number: 714.978.8200 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U,S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31, 23 CFR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design related services as a parry to the contract. Therefore, ,subcon.sultants as parties ofa contract must complete a certlflicatUon and send originals to A&1 and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files Page 2 of 2 LPP 15 -01 25M-167 January 14, 2015 O O - a a � o W� A e e d d L a c Y y .N a N W O N m a, H n � � z W � H q z G Q U .a C4 O O Phi rdj (44n � O q C4 � O O O � � U v w z a 0 ¢ � w � W O C � U U W V1 O N O 0 r 0 w z U y O U 7 0 0 U 0 M. C y O U �o b C O i 0 N N N b 0 i 0 n N N 7 M + 0 w W w G W O x c v 0 s w 0 0 0 0 W w z 0 H Q d U U • • 25M -168 C a 0 U 9 � � U _ � W � p U a t° � o a � � rUn 'iY W t6 U a o � m d U n � C � v L � � o � 0 0 a._ U Y N [7y ti N T is T U� m q * N O U U U � T N O O vi � � U � y � o II b � C N d U C � z v. Y N N s W N 3 0 CN � U SY y O � U h p � ^N a�i U O U m Q �s °J O qw .a M �o ry N a Q N m e e h 0 a a C O O O � O 4y 0. Vi xwoz U O O a;A ¢ y s. c � v o00 d.°c vjss� �s`�seCOs 0 0 0 0 0 0 T N N N N N N M (h M M (\ M O L N N N N N N 0 0 b y O N N N N N N 0 Wo 0 0 0 0 0 0 0 0 0 0 k D\hO OooO rvn �. M o0 M N 00 d' U O V' In Ol I b In In In I 69 69 69 V3 69 69 O N O h M n In �T � Ef3 Y3 69 64 69 V3 T. 0 0 rn Fn ss F» es csi n ro � e O C U 'v, U N � U � d F � 0 z x ¢ 25M -168 C a 0 U 9 � � U _ � W � p U a t° � o a � � rUn 'iY W t6 U a o � m d U n � C � v L � � o � 0 0 a._ U Y N [7y ti N T is T U� m q * N O U U U � T N O O vi � � U � y � o II b � C N d U C � z v. Y N N s W N 3 0 CN � U SY y O � U h p � ^N a�i U O U m Q �s °J O qw .a M �o ry N a Q N m e e h 0 a a x� � O .y Q F y Pr 0 wV R G R 7 B 4 a V Y d O N iC W 0 U x GTa 0 bVU a H z O V 0 w w z U. z w H H O O N O M ti N Q O W z b 0 U O U V O U 25M -169 H °z H E a V dj G 3 id � O U N N V 3 Q^ � •a N C o r ar' C TJ V •d U N C7 ,L' et u w � U i w ❑> O bc� 8 Qy o g oo o A°N oS� ro N 'FJ Fl C A. ti H y LOy' N m �tl o A o w o U ti U N O y •+j U � N :� roil O T N v •� � 5 .0 d V N spyY';3a�o�� O U b tai ar'+ rn v °� p• W d y o a 4O vN' Rti V q J b N N V ro ..td. O .O N •O N c 7 r rr?? O O ,-:N cn d-vi�r o0 N M� � O R N � O N 7 ti r4 O M 'r P. O H N z Ul a o z Q (Yy H H U Ca vai Q W U F Q pa U w � F H oF U F ° o A xe F w z a w ep F O 5 U U Q v°i.���cgci H ¢mom O H 69 Fa Q 11 rl F N o z � O W � H o ty Q v°i d f-0 U H Q 0.l V 25M -169 H °z H E a V dj G 3 id � O U N N V 3 Q^ � •a N C o r ar' C TJ V •d U N C7 ,L' et u w � U i w ❑> O bc� 8 Qy o g oo o A°N oS� ro N 'FJ Fl C A. ti H y LOy' N m �tl o A o w o U ti U N O y •+j U � N :� roil O T N v •� � 5 .0 d V N spyY';3a�o�� O U b tai ar'+ rn v °� p• W d y o a 4O vN' Rti V q J b N N V ro ..td. O .O N •O N c 7 r rr?? O O ,-:N cn d-vi�r o0 N M� � O R N � O N 7 ti r4 O M 'r P. Local Assistance Procedures Manual EXHIBIT 10 -I{ Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -I{ CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at http: / /www. dot. ca. gov/ hq/ LocalPrograms,IDLA_OB/DLA_OB.htm in lieu ofthisform.) Certification of Final Indirect Costs: Consultant Firm Name: Absolute Consulting Engineers Indirect Cost Rate: 49.5% for fiscal period _2/1/2015- 2/1/2016_ (mm /dd /yyyy to mm /dd/yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: RFP No. 14 -037 Project Number: N/A I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $0.00 Direct [always indirect subcontractor to others] and the number of states in which the firm does business is 31. Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: LPP 15 -01 25M -170 Page 1 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -I{ Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance ]oust be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all Subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): $ Consultant Certifying (Print Name and Title): Name: Khosrow Nourmohammadi Title: Professional Engineer Consultant Certification Signature Date of Certification (mm/ddlyyyy): January 30, 2015 Consultant Contact Information: Email: snour c(�absoluteco.com Phone number: 949 852 8700 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S. C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A &I and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files Page 2 of 2 LPP 15 -01 January 14, 2015 25M -171 N W O N c". O O a � i4 O r� U 7 �i b U Y A W u 0 _i F 6 F O U O V W Q O a w W O U z U O w v U j Y O S y � h y U N a a � o b o 'd W � w ii i+ � O J U F i J o m i � o O H m C7 7 a a n o y N C O 5 b U J 4 y ICl/ a o ,O o g w FC b0�9 ti T e ory o • Lo i A ro U • i u • 25M -172 0 U P � rOj� O U N � U S'i y O N U U F 0 R � Y H Y W U W •n �' N �Yo N ro N b U N U N � P � T .o 0 � a o U ro m � � O v F/y a O O N W � T O � p � U O U b tYHtl N y � N zaw° z h � t+ 9 W 3 0 b9 N R w N R N U .5 o y N y N Q �o i] O Q ro .� Yo q w° ti M d � W G A N a p N U G h M a a H vi O O O O O i i i 1 N O H U e o c o c o 0 o e o .5 M f1 M M M M m M M bb ^� N T O O O O O O O O O w ,L' 69 fA � 69 69 Y3 fA A 64 In In In In O O O O O O T N N N O Y b y V1 V1 V_l V1 V1 V1 Vl In In O rOj N N N N N N N N N W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Qj O W O 00 �n N O CO h � «^ M 69 M fH N 69 N Vj N H3 N 69 H3 Vi 69 F�49 x 5 C0 oo• oo °o °o, °o• o °0 0 Oi F m N O In n �i O 0 x S o 0 o S o o 0 0 In o 0 0 0 0 0 0 0 CI V] N3 N3 fFJ 69 IA 69 Ni 6r9 6�9 y N U bA w z o � U U � � � •i. W F 25M -172 0 U P � rOj� O U N � U S'i y O N U U F 0 R � Y H Y W U W •n �' N �Yo N ro N b U N U N � P � T .o 0 � a o U ro m � � O v F/y a O O N W � T O � p � U O U b tYHtl N y � N zaw° z h � t+ 9 W 3 0 b9 N R w N R N U .5 o y N y N Q �o i] O Q ro .� Yo q w° ti M d � W G A N a p N U G h M a a x� 0 0 � a CHI ii �U 7 C� 'b d u w d u 0 N N W O� H O y a A � Fy {xOW� F iry5 Z O a o O � � w a p � z a O H O w O w Z U � w a z � G � �vy¢ij W x �H O U � ti � O U W Py' v 0. ul N M Q 0 z U O U ti 0 U 0 U 25M -173 vi H z °z 6 O N i4 N 3 A y v N d � U N y ° 3 ¢ ° o, p C Is C ° y O aQ N a w p �tl O U m o w v q o 3 U Ste, „W�y � �ti appC 0 0 0 ° J V V N m N �H S�3�Aa a'di � ro o 0 D A Op,'y by O a> b e a.p o m 7 m O . ,O y O V ,ti •G b O F V� N bD b o m N M� �a �y N iS{ O N F h 0 c� W a d O H II N u F H y a O o z 0 H U " � U U � ro F U o x A 9z � _ H z O w O O F" II V p U H a H z � iTa w O �Q W 0 Fy H W � � Q v°i d W U F Q 60 U 25M -173 vi H z °z 6 O N i4 N 3 A y v N d � U N y ° 3 ¢ ° o, p C Is C ° y O aQ N a w p �tl O U m o w v q o 3 U Ste, „W�y � �ti appC 0 0 0 ° J V V N m N �H S�3�Aa a'di � ro o 0 D A Op,'y by O a> b e a.p o m 7 m O . ,O y O V ,ti •G b O F V� N bD b o m N M� �a �y N iS{ O N F h 0 c� W a x� oa W O W V i Cy d 4 b u 0 o: u G A y �y u 0 .a U N T D O O b T N N b N U E Q O U b 0 N O d O 4 6 a b tl m N .q N C 0 0 a c m 0 U N N V N a N 4 N W O O N ❑ y 4Ui N N N N O W O a a� a a �a C a O U m � rwi W 25M -174 M M d� �y N a N R" h n QI W ..7 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at http ✓ /www. dot. ca. gov1 hq/ LocalPrograms/DLA_OBIDLA_OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Black O'dowd and Associates. DBE BOA Architecture Indirect Cost Rate: 280% * for fiscal period 0 1/0 1/2015 — 12/31/2015 (mm/dd /yyyy to mrn/dd/yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: RFP No. 14 -037 Project Number: N/A I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my lmowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All Imown material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 1.000,000 /yr and the nu nber of states in which the firm does business is 1 Certification of Direct Costs: I, the undersigned, certify to the best of my lmowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 January 14, 2015 25M -175 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3, Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if out -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): $ Consultant Certifying (Print Name and Title): Name: _Ednvarcl 1 ok Ng _ Title: - Architect Consultant Certification Signature " *: c!(.. -.t Date of Certification (mnnldd /yyyy): _7mnrmy 30, 2015 Consultant Contact Information: Email: lok ng�ba tarchitecinne.cam Phone number: O: 562 -912 -7900 C:310- 480 -7730 * *An individual executive or financial officer of the consultant's organization at a level no louver than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract Note: Pei-23 U.S.C. 112(h)(2)(B), Subconsultants durst comply with the FAR Cost Principles contained in 48 CPR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual or firm providitig engineering and design related services as a pmvy to lire conhact. Therefore, subconsultants os parties ofa conhtact must complete a certification and send originals to Ml andkeep copies in Local Agency Project Files. Distribution: t) Origieat to Caltrmis Audits and bivestigations 2) Retained in Local Agency Project Piles LPP 15 -01 25M -176 Page 2 of 2 January 14, 2015 x� O p � 6 iF'y L ,W U 7 q A d 7 v v L d a m w 0 v A a F q F cl a O O � O q �r o W U "a Wa z a+ O c7 ¢ QC w W O p U o � W V F U1 0 M N O N 0 M +O+ Q � I I M O � o w C4 � O 0 z 0 U O G rob v ? N � � 4+ 0 e CI �y + V o N U �w U .. O Q 0 0 0 C� w %I O U U O w 25M -177 C O p � of O � � U vbw p O U � O U Q s. a�i p is N w � Y y T O O ass ro o c ro m � � m U J p N � R U T;t T v 7 U � O J N U N T N � o � U � N = O ti V N J I I J ro � N � zt4w° �N cn y z z 0 ¢ O U ¢ U y �Y � k •3 W pq -C m 3 0 b�q N N W > n tJ. O � N U •� � y O ti O � O � q N L O qw °C7 r+ M bA � �p N a N c ti 0 M H a a � C W V U U U U U J �+ N T ¢ ¢ ¢ ¢ ¢ x�oz z z z z N v 0 0 O O O O O O O O o •� M fn F1 M In M In M M M L O L O H O b N m b r O N h b O M �t;o Md� oai rn N M �o oo a; U ¢ z es Fss v3 v, ss v3 v, v, v, v3 s3 v, vs v> vj J o 0 0 0 0 0 0 0 0 0 0 o O o 0 N N N N N N N N N N N N N N N M f� Q Q fn M M fn M M fn j N N N N N N N N N N IIN N N N - s° 0 m 'a o 00 0 0 0 0 00 00 0 000 0 000 000 000 000 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w ¢ �n �D N to O •� N Vl O � mmm mmm NNN IN N m o ti m Vl CA' W fn 01 �D InM m N N N Mmv N N N oomo, •ti ti N N N N TO r •--� M Mi O V1 L O O V7 b ti ti ti V] � IN 6N9 4H 69 69 .N+ .�i fA 69 Y3 V3 fR 69 69 fA 64 s. C N •U ?T? � J � U7 • n T FJ c6 rn J q Y O O C4 3 ,C .O 25M -177 C O p � of O � � U vbw p O U � O U Q s. a�i p is N w � Y y T O O ass ro o c ro m � � m U J p N � R U T;t T v 7 U � O J N U N T N � o � U � N = O ti V N J I I J ro � N � zt4w° �N cn y z z 0 ¢ O U ¢ U y �Y � k •3 W pq -C m 3 0 b�q N N W > n tJ. O � N U •� � y O ti O � O � q N L O qw °C7 r+ M bA � �p N a N c ti 0 M H a a E 0 F W R 7 C i 0 i1 QI u 0 a U a K r w^ ° U b [ cU! U ro G ° ° 'L ° L N U L h 4' v mss° o ro ro � O U L � m a ro s % ILI to p ° � 0 0 U U � m O �N w w It N U ° C k tUE � � N tG ro T �N .b N � iFi zGOw 1 N s K 3 ti � t+ 3 0 w N G y s � FU. U a y 0 U •� U L -- y O O 0. L N Q o . � L •� fJ c� y s o z 25M -178 N M pdp o c0 N G4 N G h 0 M Q+ a L N T �y U Q Q Q Q xwoz z z z e fn M fn rn fn M M rn .� W Q � o � Q .G 69 V3 69 69 V3 69 V3 V3 64 fA (�] 69 0 0 0 0 0 0 0 0 0 0 0 0 s° 0 m -cs o 0 0 00 0 000 00 0 U N N N N N N N N N N N N w o 0 0 0 0 0 0 0 0 0 0 0 W Ooo l� nh V NOI� Oib a � � � � � 6N9 � 6N9 sN9 6N9 5NA 6N9 k Zvi d'd'vi Noo G1 NOID \O OO � ti N vl O 00 00 O V ^ G1 l� M .�. H N NNNNNN��N O O r* W 01 O 00 DA OA ti �Q 64 69 69 64 69 69 6R FA 64 69 69 69 a • O 7 00 cn N O M N N fti f In � N � r.4 In N N ti ti Vl 69 69 69 . - fR 69 69 69 H3 69 V3 69 FH G Lm U W r Y H U o � � z w v 2 c K r w^ ° U b [ cU! U ro G ° ° 'L ° L N U L h 4' v mss° o ro ro � O U L � m a ro s % ILI to p ° � 0 0 U U � m O �N w w It N U ° C k tUE � � N tG ro T �N .b N � iFi zGOw 1 N s K 3 ti � t+ 3 0 w N G y s � FU. U a y 0 U •� U L -- y O O 0. L N Q o . � L •� fJ c� y s o z 25M -178 N M pdp o c0 N G4 N G h 0 M Q+ a xy e oa H 4 � a U w R G N d L ^O 0 L N Y U On a ro a N � z 0 z O a ° U � QI O a � o � o W o z a a CA W O p U ti O vFi Q U GTa w U M O N O M Q M O Q. z m r O V) 2 0 r G 7 25M -179 a zz z F 0 I ro ❑ S V U N b � m q •o m L° G W m d q C ad m m V q' O t9tl O V N •a V $ Q��„ o S ° ro o o `a 5 v ti rV ^F 'd N C � 'a• aw S}9oco ;� C q goy � T OU U U N vi �N+ y 4p� ti O o .y 5 Y 'O V .4 4.5 5 O V C CL a a Gi pp U v o$ S 9 S ro Sam m -. (V M d' I. \O . V6 M M d � �o R N ao N Q ti 0 M ti a Fa F F II N 7-0 F F F Fa ° f0] ° Fyy W O � U La va, d W U F d CO U F H F � � F A F F• xt 4.W.i m F z o ro Con O F" II z U F o a0 z � F W w FG O Pr F � o U � Q Vl d W U q F d A] U 25M -179 a zz z F 0 I ro ❑ S V U N b � m q •o m L° G W m d q C ad m m V q' O t9tl O V N •a V $ Q��„ o S ° ro o o `a 5 v ti rV ^F 'd N C � 'a• aw S}9oco ;� C q goy � T OU U U N vi �N+ y 4p� ti O o .y 5 Y 'O V .4 4.5 5 O V C CL a a Gi pp U v o$ S 9 S ro Sam m -. (V M d' I. \O . V6 M M d � �o R N ao N Q ti 0 M ti a Fa Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -IC CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Nate: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -0B 13 -07- Safe Harbor Indirect Cost Rate for Consultant Contracts found at htgr. Orvww. dot.ca. gov/ hql LocalPrograms/DLA_OB/DLA_OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Coast Sucveyg, Ine. Indirect Cost Rate: 177.23% * for fiscal period 01101(2013 to 12/31/2013 *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: RFP No. 14 -037 Project Number: N/A 1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 44, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: LPP 15 -01 25M -180 Page 1 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 1 Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Sabcousultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ _ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subeonsultants and proposed subcontract dollar amounts (attach additional page if necessary) Consultant Certifying (Print Name and Title): Name: Ruel del Castillo Consultant Certification Signature * *: Date of Certification (mmlddlyyyy): _January 30. 2015 Consultant Contact Information: Email. ruel.dcicast Uggooastsiuvey.com Phone number: (714) 93 -6266 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. I12(b)p)(6), Subconsidtants must comply with the rAR Cost Principles contained in 48 CER Part 31. 23 CPR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design relatedservices as a parry to the contract. Therefore, subconsultants as parties ofa contract must complete a certification and send ortgin als to A&I and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files LPP 15 -01 25M -181 Page 2 of January 14, 2015 x� O O �ti Oa Ly i' � a WU �a G v L b u a u Y y d U a w 0 v A w h U :v W � F G ¢ U O � � � W O a. p � z � o q CG O � z U " w ra ZO 2 Qy V6J W z o U � � F o x W � V PW. 0 M x O 5 b o O 4' N O v 0 0 0 W W W z Q F° Q w z z O d U d U 25M -182 E a O o E O U Y Y W N U U ~ y W y _T m « o N O j S C � N m — on o � N N 4:. N V VI � d U Y � O �ww " U � � u � w L O _T aLi 5 0 0 O N U y m ti m bA �3 � � o z w w NM dj z y A 3 3 0 = N •j R L � GL y O � .5 h � 0 o� a P: a5i q L � O q w° bL � A N � N d h 0 en QI a z + o O U U_ U U U =_ � b � U L � p U d ¢ d a xwoz z z z o I� U W 25M -182 E a O o E O U Y Y W N U U ~ y W y _T m « o N O j S C � N m — on o � N N 4:. N V VI � d U Y � O �ww " U � � u � w L O _T aLi 5 0 0 O N U y m ti m bA �3 � � o z w w NM dj z y A 3 3 0 = N •j R L � GL y O � .5 h � 0 o� a P: a5i q L � O q w° bL � A N � N d h 0 en QI a U_ U U_ U U U T ro 6 d d ¢ d U xwoz z z z z N 0 o a o 0 o v v o 0 o a o 0 o v o Lo i. V 00 00 00 00 W W 00 00 00 o0 00 00 O O O Vl N h l� P o0 00 00 L� P P 00 00 00 O d N N N N N N ti H3 Yi V3 � £A 69 V3 A V3 V3 69 69 Yi fA 6A 69 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M In In M Ol W N v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 69 69 69 69 H3 fA 69 Vi 69 69 69 Y3 69 fA 69 bA X ^ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 x �r t\ t`n wcow 777 vv � o0n _ 00 � m o? W W N N N 07 W o0 00 00 00 Vl 69 Y3 69 69 fA fA 69 69 H3 V3 H3 fA 69 69 ER 0 w C C 'V ^^p U sppy O o N E W U O U X U 5 25M -182 E a O o E O U Y Y W N U U ~ y W y _T m « o N O j S C � N m — on o � N N 4:. N V VI � d U Y � O �ww " U � � u � w L O _T aLi 5 0 0 O N U y m ti m bA �3 � � o z w w NM dj z y A 3 3 0 = N •j R L � GL y O � .5 h � 0 o� a P: a5i q L � O q w° bL � A N � N d h 0 en QI a C O .r Q � L y Pr wU R C ti 7 d u L al d V Fa N N 00 a F F N � z �Q0.i Ca 75 Ca wz z 0 Q U ° Vl �-1 Uw O � a O a ° �i w U 2 w W z o F � of W w � U oU � ° z W U w w O N O U Q O a z O U C 0 U 0 it Q 25M -183 i z °z a N d U � A > hb � C C v O T 9 aQ 00 G d � C G d N O v m c d II S� �VOS� oCC O y O O W C FF p Q F UU Z V Vi N � 'O a.AOrot YE' o z y LUi O Ca rn Q FG U F Q FG U I� �y F Fc coc O F Z O F A F W � C W O � q � ¢coci H Qaici U a F II O F d � O z � F O W � a U U m � q u°i droll H dmc_i 25M -183 i z °z a N d U � A > hb � C C v O T 9 aQ 00 G d � C G d N O v m c d S� �VOS� oCC O y O O W C N p N r UU U N y V Vi N 'O a.AOrot YE' y LUi [n V Vl ,O r� CO N � bOn � ro N W � N d C n 0 Q�I a Local Assistance Procedures Manual ]EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS ANo FINANCIAL MANAGEMENT SYSTEM (4`iow !f `requesting to utilize the ;Safe Harbor Indirect Cost Rate submit Attachment I of DL4 -OB 13 -07 4 Vafe Harbor Intiireet Cost Rate for Consultant Contracts found at h1iln11wwn% trait. ca .gdvlltglioeatProgramslDl,,,Li BIDL4 OB.hiat in Ilea oftlitsform ) Certification of Final Indirect Costs: Consultant Firm Name: CCp :Unlimited Inc Indirect Cost Rate: _____35% * for fiscalperiod Q&i1i201.34/ lz<0I4(mmddfyyy tommlddlyyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government GigvofSantaka Contract Number: RFP No. 14, 0, Project Number: N/A 1, the undersigned, certify that I have revie-wed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my- knowledge and belief: I, All casts included in this proposal to establish filial Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Fall 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFI, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of date of proposal: preparation noted above. Certification of Financial Management item: 1, the undersigned, certify-to the best of nay knowledge and belief that our Financial Management System meets the standards for financial reporting aeeounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Fart 18.20 to the extent applicable to Consultant: Certification of Dollar Amount for all A&E Contracts. 1, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 400 000 and the number of states in which the firm does business is 2 Certification of Direct Costs: 1, the undersigned, certify, to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 3 L Allowable direct costs to a Government contract shall be: LPP 15-01 25M -184 Page I of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K s I. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable), 2. Compliant with the terms of the contract and is incurred specifically for the contract. Not prohibited by 23 CPR, Chapter 1, Pail 172 — Administration of Engineering and Design Related Service Ccdmacts to the extent requirements are applicable to Consultant, All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (inapplicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary); $ $ $ Consultant Certifying (Print blame and Title): Name: Abraham F Campos Title,: Vice President Consultant Certification Signature ** Date of Certification (mmlddtyy}y): 3Aixu4ry1q 2Q15 Consultant Contact Information: Email: abefc nrttcti nited.coin Phone number; 451 -268 -5268 "An individual executive or financial officer of the consultant's organizati President or Chief Financial tike, or equivalent, who has authority to rel utilized to establish the Indirect Castigate proposal submitted in conjunctio Note: pro, 23t'&C 11 2(b)( 2)( m,. SubconsUllants must comp g wall the F'R Cost Prinedg�i 23 CFR Part 1723 &JInionns state: f onsadrant means the individual or firm providing cog mtiee contract. Tlier� {air. saz6consrdtrznGsn3 parries oler toretract rrncrtcretnplede a aer�ti�rtr in local olgencv Protect lines. Distribution; 1) Orional to Caluan5 Audits and towstigations n at a level no lower than a Vice :sent the financial information with the contract, contained in 48 CFR Part 31, oering and design related seriaeea as a party vt and send originals to Ad! and keep copies 2) Retained in Local Agency Project Fd s Page 2 of 2 LPP 15 -01 January 14, 2019 25M -185 xa 0 0 a a L k O W U G Q Q QI °a Qi F U W Q x 0 H ti W I 7 A v L U Pr u N d S r w 0 v a 0 b f� U v 0 U .f] ✓1 O O U 0 M II G ti o 0 0 Q o H N .c M O N Ica � C4 �% z b O U ox r �b o ? U N ti O W O f U O � �b c w g U a a iiiiii a W w z O F O F a U U O F CC O z 01 25M -186 w c 0 � c y O ^ U � � � U � � N U W � o +- y � W U O � N O T a � b � � O U O G � N G N y � U N p p z G O jo � G U � � N Q N U w w N T* T s 7 C * � O U U O T p � d O � T � V b y � m zmw z N s_ k 3 w N � .tJ 3 0 c fV R N 7 � v U LL y O � ,G N 0 o � G4 L m Q �o Q w° .-+ M v� oN W N h 0 M a o � xwoz z z z z O U O O O O O O O O O O Q mN L o ro M n O N Q 69 69 o-3 FA 69 E9 � H3 69 m In M M V3 H3 63 M m M M 69 69 69 ,L' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T N N N N N E \ N N N N N N\ N f� L N N� N Ni N N N N Ni N N N N O t3 •� �' o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N � w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 O O O O O O 0 0 0 O O O 'n '. N b D\ In V N O\ W O O iD n In 0 V O O 'n C N NU 1n N N N N N N D1 r b h In c0 In pa F � Q\ O N N M T EH GN4 6N9 bN9 6N9 bN9 64 � 69 6�9 � 69 6R V3 69 a In 0 N N In O 'n 'n P d\ N V V1 fA 69 69 V3 69 69 69 fA 69 V3 64 69 69 fA 69 YO N � U W U G ' ❑ d Q 25M -186 w c 0 � c y O ^ U � � � U � � N U W � o +- y � W U O � N O T a � b � � O U O G � N G N y � U N p p z G O jo � G U � � N Q N U w w N T* T s 7 C * � O U U O T p � d O � T � V b y � m zmw z N s_ k 3 w N � .tJ 3 0 c fV R N 7 � v U LL y O � ,G N 0 o � G4 L m Q �o Q w° .-+ M v� oN W N h 0 M a N O W a O O rl d � L � o WU 7 a ^a U L Cw d F O U O F W N .Z. °z �zQ] L� z W tO+ t+ a 0 U C W O p 0 h G 0 9 25M -187 F °z H F4 O I N ° d .V p i 3 6 U ro T Yryry � tom. a o ° ?50o ° mw v 3 c A y o p 5 a°i •o `� '� � r O O o q o N A •+y v 0 �i .� N a`y O m • U N =� �4J d O > d C dF O N 7 « a ZE' 3v o 0 0 yr 4 y'� °d w° :? � 4 C � � o,�� o•o ^ ti d p U Ni F 0. vi O -.N ,. d'i,�er co N � an o �N � N q h 0 M 00.. a II z a z a tCV'�'VC/W"Tl ti O F Vl � W U ° � � F H F � � F U u � F vFi 0 y G WrF.l � � zF 6 1+01 U w0 m as z a H II O o Q r N vri• F F O ss •� W W W � 0. O v a i 25M -187 F °z H F4 O I N ° d .V p i 3 6 U ro T Yryry � tom. a o ° ?50o ° mw v 3 c A y o p 5 a°i •o `� '� � r O O o q o N A •+y v 0 �i .� N a`y O m • U N =� �4J d O > d C dF O N 7 « a ZE' 3v o 0 0 yr 4 y'� °d w° :? � 4 C � � o,�� o•o ^ ti d p U Ni F 0. vi O -.N ,. d'i,�er co N � an o �N � N q h 0 M 00.. a Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA -0B 13-07- Safe Harbor Indirect Cost Rate for Consultant Contracts found at http: / /www.dot.ca.govl fayl LocalPrograms /DLA_OBIDLA_OB.him in lieu ofthisform.) Certification of Final Indirect Costs: Consultant Firm Name: WKE Inc Indirect Cost Rate: _ 137.6% * for fiscal period 1/1/2013 to 12/31/2013 *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: Gity of Santa Ana _ Contract Number: RFP No. 14 -037 Project Number: N/A 1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: I. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 10.850,000 and the number of states in which the firm does business is I Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP15 -01 January 14, 2015 25M -188 Local Assistance Procedures Manual EXHIBIT 10 -M Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ _ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary); $ $ Consultant Certifying (Print Name and Title): Name: Title: President Consultant Certification Signature * *: Date of Certification (mm /dd /yyyy): January 30 2015 Consultant Contact Information: Email: wkoo(a),wke- inc.com Phone number: 714- 953 -2665 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31, 23 CFR Part 172.3 Definitions slate: Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A &I and keep copies in Local Agency Project Files. Distribution; 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files LPP 15 -01 25M -189 Page 2 of 2 January 14, 2015 EXHIBIT C ADDITIONAL PROVISIONS CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • Request for Qualifications (RFQ) — RFQ No. 14 -037 • Statement of Qualifications (SOQ) -- in response to RFQ No. 14 -037 • Request for Proposal (RFP) — RFP No. 14 -037 • Proposal - -in response to RFP No. 14 -037 25M -190 EXHIBIT D ATTACHMENTS D -1, D -2, D -3 & D -4 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -191 APPENDIX -- - -� ATTACHMENT D -1: NUN - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 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 portion thereof shall also constitute signature of this Non - collusion Affidavit making a false certification may subject the certifier to criminal prosecution. —' Signed ' A" _ State of California County of _2KW?o e_ this Proposal on the signature . BIDDERS are cautioned that 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 -037 Page 26 25M -192 APPENDIX ATTACHMENT D -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 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 Willdan Engineering Director of Engineering Date: November 17, 2014 Kenneth C. Taylor 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 14.037 Page 27 25M -193 APPENDIX ATTACHMENT D -3: DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 DEPARTMENT OF HOUSING & URBAN DEVELOPMENT THUD) SECTION 3 CONTRACT CLAUSE 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). The 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 collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations in 24 CFR Part 135, 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. 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, City of Santa Ana RFP 14 -037 Page 2$ 25M -194 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 extent feasible (I) preference and opportunities for training and employment subcontracts shall be given to Indians, and (11) 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 ripe mary 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. S>�9 �— ture Signature Signature Kenneth C. Taylor, Director of Engineering Print Name and Print Name and Title Print Name and Title November 17, 2014 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 14-037 Page 29 25M -195 Absolute Consulting Engineers - Form D -3 Signature Page 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 extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (11) 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 Signature Print Name and Title Print Name and Title fl /idlZ ©lam Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROP ®SAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Scanned by CamScanner 25M -196 BOA Architecture- Form D -3 Signature Page 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. 4500) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indlans, and (11) 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 iof mary 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 1998 -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 hislher operations within the City of Santa Ana. Sig%n`a`ture / Signature Signature Print Name and Title UwRyd Lok Na, NesiAeoy Print Name and TitlIe Print Name and Title THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL SE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 14.037 Page 29 25M -197 Coast Survey - Form D -3 Signature Page 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 extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (11) 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 rio Mary 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 Aria. Signature Signature Print Name and Title�� Print Name and Title 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 -037 Page 29 25M -198 Counts Unlimited - Form D -3 Signature Page C. 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 extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indian, and (ii) preference In the award of contracts and subcontracts shall be given to Indian organizations and Indian -awned 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°,'ia 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 1986 -97, minimum goal for each project is 30% The Contractorl Sub- oontractor /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 hWher operations within the City of Santa Ana, igna re Signature Signature Abe Campos, Project Manager #Print Name and Title Print Name and Title Print Name and Title IM 25M -199 OMB - Form D -3 Signature Page 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 extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (11) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Partiss 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 mary 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 S' ure Signature rint Name and Title Jeffrey C. Overmyer P.E. President Print Name and Title 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 14.037 Page 29 25M -200 WKE - Form D -3 Signature Page 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 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 rio 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 hislher operations within the City of Santa Ana, Signature Signature Signature Print ��Na //me and Title Print Name and Title Print Name and Title /zo AY 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 -037 Page 29 25M -201 APPENDIX ATTACHMENT D -4: CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 As suppliers of goods or services to the City of Santa Aria, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment and including, but not limited to, what is listed In the Non - Discrimination Clause in Exhibit 10 -V per: http: / /www dot ca aov /hg /LocalPrograms /lam/ forms /chapterl0 /l0v- 2010 -05 14 do and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. The same shall apply and be included in all subconsultant agreements. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM willdan Engineering TITLE OF PERSON SIGNING Director of Engineering SIGNATURE R• November 17, 2014 Please include any additional information available regarding equal opportunity em Ip ovment programs now in effect within your company. THIS FORM MUST BE COMPLETED AND PROPOSALS THAT DO NOT CONTAIN THIS FORA Page 30 25M -202 PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 5th day of August 2015 by and between AECOM (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 A. The City desires to retain a consultant having special skill and knowledge in the field of: On -Call Engineering Services to provide engineering services on an as- needed basis. Engineering services may include, but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project /task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this the City may choose which consultant to assign the project/task to pursuant to this Agreement. 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 related field of expertise. 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. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one -year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. Exhibit 5 25M -203 2. SCOPE OF WORK Consultant agrees to 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. Additional Agreement provisions, if any, may be contained in "Additional Provisions" attached hereto and incorporated into this Agreement as Exhibit C. 3. SCHEDULE OF SERVICES If a Task Order is issued, Consultant shall complete services and shall perform and deliver them to the City as described and detailed in Exhibit A and per the Task Order provided. The City may request that the Consultant provide a proposed scope of work, schedule and budget for a particular project or work product within a Task Order. If the City approves the Task Order, the City will issue a Notice to Proceed ( "NTP ") approved by the Executive Director of the Public Works Agency or his /her designee ( "Executive Director "). Consultant shall meet the work deliverables within the Task Order, the schedule and budget unless otherwise adjusted by the City. Such services shall be provided per written request of the Executive Director after the City's issuance of the NTP. 4. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates, fees, and charges identified in Exhibit B, "Compensation ", attached hereto, and incorporated by reference, in an amount not to exceed two hundred fifty thousand dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). Exhibit B includes completed Federal Exhibits 10 -K and 10 -H along with all Consultant and subconsultant(s) rates and fees that comply with federal requirements. Exhibit D includes all previously completed Federal certification forms as part of the Proposal submittal in response to the Request for Proposals. These are attached hereto and incorporated herein as Attachment D- 1, D -2, D -3 and D -4. 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 disks (CD)s, USB jump drives or equivalent, 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 2 25M -204 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. PAYMENTS & INVOICES a. 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: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and/or Task Order number andor name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 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, ajoint 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. 8. 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 25M -205 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, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained. 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, except for 10 days' notice for non- payment of premium. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25M -206 9. 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 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 "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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. 10. LAWS AND REGULATIONS Consultant shall keep itself frilly informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without 25M -207 reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. (Also see Exhibit D.) 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. 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 Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 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(s) 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. 3 25M -208 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. (Also see Exhibit D.) 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. The 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 7 25M -209 To Consultant: AECOM Matt Ulukaya, PE 999 Town and Country Road Orange, CA 92868 Phone: (714) 567 -2400 Facsimile: (714) 567 -2441 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 facsimile, 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. Additional provisions, if any, are identified as Additional Provisions — Exhibit C, attached hereto and incorporated herein by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25M -210 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HIIIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: (Name) (Title) 25M -211 WO SCOPE OF WORK CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES I. GENERAL The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an as- needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. A detailed Scope of Work will be outlined when /if a specific project or Task Order is assigned to the consultant. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. Funding sources for each project may vary ranging from local, Measure M2, state and federal and each project /task order assignment shall comply with the funding agency's requirements. The projects may include storm drain improvements; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and /or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, and other related projects as required. On occasion, environmental and planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection. Occasionally, the City may also need geotechnical, mechanical, electrical and/or structural services. The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and /or sub- consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall 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 %. II. PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS &E ") for various projects on an as- needed basis. However, work tasks may include studies or a variety of engineering or other 10 25M -212 tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and /or Task Order. Specific Task Orders with Notices to Proceed ( "NTPs ") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible- charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: 1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and /or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared 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 Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 5. 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 responsible /in- charge of the project. These signed originals shall then become the property of the City. 6. If a part of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: 11 25M -213 A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre - construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The 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 (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e -mail. 8. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and 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 revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation for regular or overtime hours necessary to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional - level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required. 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. III. GENERAL REQUIREMENTS All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 12 25M -214 The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and funding agency requirements or audits if requested. 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. Information - 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. 13 25M -215 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 and the related guidelines that may be more recent. C. 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 ". f. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub- recipients) 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 Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title 11 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. Equal Employment Opportunity - Consultant, and all its contractors (or sub - recipients) 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. Anti - Kickback Act - Consultant, and all its contractors (or sub - recipients) 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. 14 25M -216 i. Davis -Bacon Act - Consultant, and all its contractors (or sub - recipients) 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. Contract Work and Safety Standards Act - Consultant, and all its contractors (or sub - recipients) 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. lc. Clean Air Act - Consultant, and all its contractors (or sub - recipients) 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. 1. Energy Policy and Conservation Act - Consultant, and all its contractors (or sub - recipients) 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. Patent - 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. n. Copyright - 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. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders 15 25M -217 EXHIBIT B COMPENSATION CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -218 .AXOM AECOM 714.567.2500 tel 999Townand Country Road 714.567.2441 fax Orange, CA 92868 www.aeconn.com February 2, 2015 City of Santa Ana Attn: Ms. Monica Suter, PE, TE, PTOE Public Works Agency 20 Civic Center Plaza, 3rd Floor, Ross Annex Santa Ana, CA 92701 Subject: Exhibit 10 -H and 10 -K Forms for On -Call Engineering Services — RFP No: 14.037 Dear Ms. Suter: As requested by the City for RFP No. 14-037, attached are the Exhibit 10 -H and 10 -K forms for AECOM, as well as our two subconsultants listed below: Diaz - Yourman & Associates (DYA) Guide Surveying, Inc. The rates for our two subconsultants are in compliance with the Federal rate requirements and the 10 -H and 10- K forms. As a vice president and officer -in- charge with AECOM, I am legally authorized to contractually bind the company. I will also serve as the contact person for any contract related issues. Please feel free to reach me at my e-mail (matt.ulukavaa,aecom.com) or phone number (714) 567 -2642 if you have any questions or need any additional information, Sincerely, Matt Ulukaya, PE Vice President 16` Kendall Zirk Project Manager 25M -219 x� ao �Q F L k O Fy U O O � a �z 0 U S yy a O U Fz � o x W R c c w d e d e a v V Q 0 .a e �i ti N O o> o O U�Oo L ro � o A o W U w d) Q II � e O y v ro C z ro Y C O U 0 V b N O O + d O <.5 N O � Pa C w 0 U 0 H CC O w _O F U 1-� U 0 F 0 w _a 25M -220 d� �N r4 L O .y H 0 M a .a � Q1 b � b � U N U N N U N 69 fA EA M xwoz z z z z z z 0o vo o< o0 oe o0 00 0> 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y h �ri vi vi vi vi vi vi vi vi vi � � � vi vi `o U o .5 Ol�r a,aO mrn .-i Mtn Q; v� N MO01 d' i0 o0 N MO Y3 69 64 69 Vi 69 A 69 £A ti � V3 fH 69 69 Y3 69 69 FA 64 69 69 Y3 64 69 � y ro � C L 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Ol M fIn CIn M M M M Pry Pn M fm M M M F' N ti N N Ni N N N N Ni N N N N N N N- N N N N `� vier ��� vie t` moron vier` met` vi row �n �n t� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 0 CJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C� 7 d' M d' l- r W Q C\ O0 O �ryy her N N N rn d' ut N N N o0 a1O N b.�. 00 W QiO N D\O N N �O N N .. 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N 00 In N r cl' O N M — �--� M h =\ 00 O\ O T H9 69 H3 (R Vi 69 69 69 £A Y3 V3 V3 64 fA fA U O a a v ti ro o � a � m 0 0 o a e o 0 0 0 0 O O 0 o O O O O O O v, vi �n vi �ri vi vi vi h vi vi N Si O U U _ � N O V c3 yy h O In IT M Vi 'bjp W M 4n N O 1-: M V� �'mU b h Q\ M M M O N M M In h It t} d' 7 b= M M rn M 7 V1 N N N 69 69 69 69 69 64 69 69 64 Y3 69 V3 64 69 Y3 O � T U o U tNtl s. 20 .a 0 U N In b r h b t- 'n b h 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T N N N N N N N N N N N N N N N O M f� M M M M fn fn fn M rn M M M M O F' N N N NNN N N N N N N N N N w 0 0 b Mbr v�b l� Vlbh vlb l� �nbr 0 0 W 8-0880 0 0 0 0 0 0 0 0 0 0 O b vi l� oo b O oo N W N 1 N h V1 b b [� M fn N C V� V V) O\ V h0�7 �n o+M Mi Q\I N O 00 Oi O NNV In rvy H Vi 69 .. fA 69 (f3 .ti 'r .N-. N .N- .N- V O V3 69 64 fA fA 64 £A 69 69 69 00 00 00 1p b l� M rn h vt h o0 d; N vi Gl d' Vl a\M 01 h bM O b.y _ � � ~ r� � O � � � 6�9 � V3 •--� •Ni •Mi 6�9 � T fH 69 64 69 H3 64 69 49 V+ 0 0b vi t�oob Ooo vi v rn �O N Vl vi D1 d' �n rnrn f�O. v� In 0 O Ch 69 69 69 69 69 .-i 69 69 .� 69 64 Yi Q0 £A Vi V3 69 69 �O Y- .y N � a ti E' ti ti O � U W W w U 25M -221 N �n � N R P. d^ .r a h 7 G o � .9 O y V b A N V U O d w � W � � ryNry � O a a v ti ro o � a � m _. en a � a F O O N Si E y U _ � N O V c3 yy + 0 q + N r y U O U o tNtl s. 20 0 25M -221 x� O p eti G F sue, hl a O LTA U d O ai QI 0 U O W 0 ��QII li d 7 d Pw U w y U 0 Q F � o z o d U o O V cW, ti °z �z U W� ao O H F 0 v, 0 U 25M -222 I- O z zd ai Q I M �n w O ro d � ti 5 N 9 O TC h O N � o 3 � o b F � � C O G b U ,d a o m o C7 Y -P m > o y 5 0 0 a 0 > � G � .Xi ❑T❑ w z o� p� ova o a� U ro � U H .F. my Ca �� as 3 yy •„ �3p a� � .F ou'd a ti 5 � a n vai �LCIU F dML) o � ra y o w Y' CmC W M ri F O •`� F � U z z F Q N iF4 O U Lit O P. ro W Q N � 6'CL1U F d0.lU 25M -222 I- O z zd ai Q I M �n w O ro d � ti 5 N 9 O TC h O N � o 3 � o b C � � C O G b ,d a o m o C7 Y -P m > o y 5 0 0 a 0 > � G � .Xi ❑T❑ w p� ova o a� U ro � U my �� as 3 yy •„ �3p a� � .F ou'd a ti 5 � a n 8 3 7 d o � ra y o w Y' CmC M Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA -OB 13 -07- Safe Harbor Indirect Cost Rate far Consultant Contracts found at http: / /www. dot. ca gov/ hq /LocalProgramsIDLA_OB/DLA_OBAtm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: AECOM Indirect Cost Rate: 1.40.16 * for fiscal period 1/5/2015 through 9/2/2015 *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: RFP No. 14 -037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ $42,225,166.20 and the number of states in which the firm does business is 50 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 January 14, 2015 25M -223 Local Assistance Procedures Manual EXHIBIT 10 -IC Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ 50,000.00 Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ 150.000.00 Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) Diaz Yourman & Associates $ 25.000.00 Guida Surveying $ 25.000.00 Consultant Certifying (Print Name and Title): Name: Matt Ulukaya Title: Vice President Consultant Certification Signature ** ! Yy4 Date of Certification (mm /dd /yyyy): 01/30/2015 Consultant Contact Information: Email: Matt.Ulukayagaecom.com Phone number: (714) 567 -2642 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 US. C. 112(b)(2)(B), Subconsultanis must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual orfarm providing engineering and design related services as a parry to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A &I and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files LPP 15 -01 25M -224 Page 2 of 2 January 14, 2015 Name o Company Classification Project Classification `Hourly Billing Rate EXHIBIT 10 -H COST PROPOSAL Actual/ average hourly rate % or $ Increase.' Hourly Range for Class ON -CALL CONTRACT 1,5X .5 Subconsultant: Diaz.Yourman & Associates Contract No. RFQ14 -037 Date: 1/2912015 V.R. Nadeswaran Fringe Beneflt% Overhead% G &A % Combined % NORMAL Incl. in OH + 215.68% + incl. in OH = 215.68% OVERTIME Incl. in OH + 215.68% + Incl. In OH = 215.68% 244.25 244.25 FEE % = 10.00% 12/31/2016 BILLING INFORMATION 3.00% CALCULATION INFORMATION 256.48 Name o Company Classification Project Classification `Hourly Billing Rate Effective date of hourly rate Actual/ average hourly rate % or $ Increase.' Hourly Range for Class Normal. 1,5X .5 OT 2X From To V.R. Nadeswaran 237.14 237.14 237.14 2/1/2015 12/31/2015 68.29 N/A Principal Engineer Engineering QA /QC Exempt 244.25 244.25 244.25 1/1/2016 12/31/2016 70.34 3.00% N/A 256.48 256.48 256.48 1/1/2017 12/31/2017 73.86 5.00% N/A 269.29 269.29 269.29 1/1/2018 12131/2018 77.55 5.00% N/A S. Mar anon 179.11 179.11 179.11 2/1/2015 12131/2015 51.58 N/A _ Associate Engineer Project Manager Exempt 184.49 184.49 184.49 1/1/2016 12/31/2016 53.13 3.00% N/A 193.73 193.73 193.73 1/1/2017 12/31/2017 55.79 5.00% N/A 203.42 203.42 1 203.42 1/112018 12/31/2018 58.58 5.00% N/A 193.54 193.54 193.54 2/1/2015 12/31/2015 55.74 54.27 to 57.2 Associate Engineer ll Engineering Analyses, Reporting Exempt 199.36 199.36 199.36 1/1/2016 12/31/2016 57.41 3.007% N/A 209.32 209.32 209.32 1/1/2017 12/31/2017 60.28 5.00% N/A 219.77 219.77 219.77 1/1/2018 12/31/2018 63.29 5.00% N/A 173.03 173.03 173.03 211/2015 12/31/2015 49.83 48.08 to 51.58 Associate Engineer l Engineering Analyses, Reporting Exempt 178.21 178.21 178.21 1/1/2016 12/31/2016 51.32 3.00% N/A 187.13 187.13 187.13 1/1/2017 12/31/2017 53.89 5.00% N/A 196.47 196.47 196.47 1/1/2018 12/31/2018 56.58 5.00% N/A 150.25 150.25 150.25 2/1/2015 12/31/2015 43.27 N/A Project Engineer ll ISA Exempt 154.77 154.77 1 154.77 1/1/2016 12/31/2016 44.57 3.00% N/A 162.51 162.51 162.51 1/1/2017 12/31/2017 46.80 5.00% N/A 170.64 170.64 170.64 1/1/2018 12/31/2018 49.14 5.00% N/A 101.74 101.74 101.74 2/1/2015 12/31/2015 29.30 29.26 to 29.34 Staff Engineer ll Data Review, Engineering Analyses Exempt 104.80 104.80 104.80 1/1/2016 12/31/2016 30.18 3.00% N/A 110.04 110.04 110.04 1/1/2017 12/31/2017 31.69 5.00% N/A 115.53 115.53 115.53 1/1/2018 12131/2018 33.27 5.00% N/A 92.37 92.37 92.37 2/112015 12/31/2015 26.60 26.44 to 26.76 Staff Engineer Data Review, Engineering Analyses Exempt 95.15 95.15 95.15 1/112016 12/31/2016 27.40 3.00% N/A 99.90 99.90 99.90 1/1/2017 12/31/2017 28.77 5.00% N/A 104.90 104.90 1 104.90 1/1/2018 12/31/2018 30.21 5.00% N/A 76.64 114.96 153.28 2/1/2015 1 12/31/2015 22.07 N/A CADD Non-Exempt 78.93 118.39 157.86 1/1/2016 12/31/2016 22.73 3.00% N/A 82.89 124.33 165.78 1/1/2017 12/31/2017 23.87 5.00% N/A 87.02 130.53 174.04 1/1/2018 12/31/2018 25.06 5.00% N/A 116.88 175.33 233.77 2/1/2015 12/31/2015 33.66 N/A Technical Editor/ Word Processor Non-Exempt 120.39 180.59 240.78 1/1/2016 12/3112016 34.67 3.00% N/A 126.40 189.60 252.80 1/1/2017 12/31/2017 36.40 5.00% 1 N/A 1 132.72 199.08 265.44 111/2018 12/31/2018 1 38.22 1 5.00% 1 N/A 1. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsultants firms. 2. Billing rate = actual hourly rate * (1 +ICR)* (! +Fee). Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. Note: Denote all employees subject to prevailing wage with an asterisk ( *) For "Other Direct Cost" listing, see page 2 of this Exhibit. 25M -225 i, O 0 U O a M 4 a C7 K C Z A G U Q k°. a 0 e F o v o a v E A u j q « Y « 4 h S A > C q T C v ° a a °a o 3 d en sT� q> A OW m � a C ] q w h � ° o fi E y W q e 25M -226 F O �zo F F F � U Q F o q z O � F S � U p W A U y m Q m U F Q m U � F � F U U o5p u° C ¢ Q A a1 a � r5� II w e a F O p [y O 6 F z a o y a `n y Cm du Jo m Q F F N F a z F U a 9 W q h U O z a Q d � F F Q m r� Q f-0 U F Q 61 U W F o v o a v E A u j q « Y « 4 h S A > C q T C v ° a a °a o 3 d en sT� q> A OW m � a C ] q w h � ° o fi E y W q e 25M -226 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13-07- Safe Harbor Indirect Cost Rate for Consultant Contracts found at hitpr//www. dot. ca. gov/ hq/ LocalPrograms/DLA_OB/DLA_OB.him in lieu of thisform.) Certification of Final Indirect Costs: Consultant Firm Name: Diaz Yourman & Associates Indirect Cost Rate: 215.68 * for fiscal period 01/01/2013 to 12/31/2013 (mm/dd/yyyy to mm /dd/yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: Qy of Santa Ana Contract Number: RFP No. 14 -037 Project Number; I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 44, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ _0_ _ and the number of states in which the firm does business is 3 Certification of Direct Costs! 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 25M -227 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System I . Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ 25.000 Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) Consultant Certifying (Print Name and Title): Name: Christopher M Diaz PE GE Title: Principal Consultant Certification Signature Date of Certification (mm /dd /)yyy): 01/29/2015 Consultant Contact Information: Email: chrised diyyinirman.com Phone number: 714 - 245 -2920 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 1723 Definitions state: Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to AV and keep copies in Local Agency Project Files, Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files LPP 15 -01 25M -228 Page 2 of 2 January 14, 2015 N G W O G O 0 U W w �y a a p U o +' L w � o o o v' o cd Q U �p L ti 'O xwoz z ^c1 C .O U N M UO LO o 0 6aF o o � a v o F � p o (V N U F 6 � �n U U O .1 v', � O •p O U y O O L 0 0 0 O H fn O d' O �D O\ c} �i• 00 z 0 � d O � O N V OEM rr 00 �D rCO �NM o ' � w w vac vev F � � sv sz sn ss ss ss � � W W � O ro U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T N N N N N N O N N N r F v Or U K N � L w � O �I 0 0 L� w F O O ad U a U O O G G O 0 U K w � •- ,o a p o +' L w �I 0 0 L� w F O O ad U a U O O 25M -229 W Q O N U V ro py � C � O p F y O F U kf � Q N U U p V WIB N O L o a � � � O •D o 0 � A by a o �3 0 m ww �n U •� 3 0 O D U N U z W w o e � L 0 M w N M iy • • QI z a G O U U U � •- ,o a p xwoz z z U N LO o 0 o e o o v o v o CV (V N cV N <V CJ CV N 60 L 0 0 0 O H fn O d' O �D O\ c} �i• 00 � O N V OEM rr 00 �D rCO �NM o o0o rrr <r�� vac vev ¢' s° v3 bs � sv sz sn ss ss ss ss cs v� vi ss ss ro 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T N N N N N N N N N N N N N N N W ro 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l N N O r M M Cl! � N N ON ON N N N N N N N N N N N sa psi N si v3 r»�»ss ss cs sv vj v3 ss sv av3 �� rO N �rti Nh 00 bvl to N00� F' to 000 � W Q\ a1 �� 00� �6N96N9 ��6N9 OOO moo W TO 6N9 6N46N9� Eff ff]6~9 0 N o r al N� hONi,m rT. Dvr M Cn N It Oi ri N 4\ f�cgm �o� ceoaa omo aro� — — — — — Cam/] 6Nh 6A N N N a 'n m — 'O p O by N ❑ ro o U i a U b � 00 ❑ � L _U 25M -229 W Q O N U V ro py � C � O p F y O F U kf � Q N U U p V WIB N O L o a � � � O •D o 0 � A by a o �3 0 m ww �n U •� 3 0 O D U N U z W w o e � L 0 M w N M iy • • QI z a N N on a a 0 Pr °x Pr 0 `i 0 Pr W 6F F� z U 0 y Z °z Q z w W t� z U. O; N 0 N N Q O z c O 7 N O p 0 0 Aw 25M -230 W z z z H 0 a t� m n. J y- C N N G ° O C C O YCC C� N Y ti O N ro Q C eA ai r�. N U x GUi o p> U � a U O O O U a• V O 0. z b m ❑ a T ❑'y y'+w�' Y � - °' E 44, 5 V O ro ry O P. E U o 0 c 80 w > tl O� U 0A O r� o r.5 oa 1pF O V] a � F U � M U Par a U 7 F O U W F F � u H �A F ® o o m H O Z a O o Z z F O Pr W pr O rn p° F � o F w ; � Ca cn 6' 0.'1 U F Q 0.l U 25M -230 W z z z H 0 a t� m n. J y- C N N G ° C C O YCC C� N Y ti O N ro Q C eA ai r�. N U x GUi o p> U � a U O O O U a• V O 0. b m ❑ a T ❑'y y'+w�' Y - °' E 44, y f+ N V O ro ry O P. E U o 0 c 80 > tl O� U 0A O r� r.5 oa M Par a EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA -OB I3 -07- Safe Harbor Indirect Cost Rate for Consultant Contracts found at http: / /www. dot .ca.govlhglLocalProgramsIDLA_OB /DLA OB.htin in lieu of thisform.) Certification of Final Indirect Costs: Consultant Firm Name: Guida Surveying Inc. Indirect Cost Rate: 176.27% * for fiscal period 01/01114 to 11/31 �1mm /dd /yyyy to mm/dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: Project Number: RFQ - 037 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management Svstem: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 300,000 and the number of states in which the firm does business is 1 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Pagel of 2 LPP 15 -01 January 14, 2015 25M -231 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ 25,000.00 Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): $ Consultant Certifying (Print Name and Title): Name: Ralph W. Guida IV Title: President of Survey Operations Consultant Certification Signature * *: Date of Certification (mm /dd /yyyy): Consultant Contact Information: 01 -29 -15 Email: rguidaiv@guidasurveying.com Phone number: 949- 777 -2000 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 US. C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual orfirmproviding engineering and design related services as aparty to the contract. Therefore, subconsultants as parties ofa contract must complete a certification and send originals to A&I and keep copies in Local Agency Project Files. Distribution: 1) Original to Coltrane Audits and Investigations 2) Retained in Local Agency Project Files LPP 15 -01 25M -232 Page 2 of 2 January 14, 2015 EXHIBIT C ADDITIONAL PROVISIONS CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • Request for Qualifications (RFQ) — RFQ No. 14 -037 • Statement of Qualifications (SOQ) -- in response to RFQ No. 14 -037 • Request for Proposal (RFP) — RFP No. 14 -037 • Proposal - -in response to RFP No. 14 -037 25M -233 EXHIBIT D ATTACHMENTS D -1, D -2, D -3 & D -4 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -234 re1YHUm City of Santa Ana Public Works Agency On -Call Engineering Services • RFP No.: 14 -037 APPENDIX ATTACHMENT D -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 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 hot 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 pot 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 falser certification �may fsubject the certifier to criminal prosecution. SignedVt�`vcn<h`j" State of California Matt Ulukaya County of Subscribed and sworn to (or affirmed) before me on this J day of am n+taF 20J_+ by hqA±I_ij l uld,a.u( , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me: JULIE ANN NEAL Commlulon N 2027242 $ " Notary Public - California 2 ennen fmmN City of Santa Ana RFP 14 -037 Page 26 25M -235 City of Santa Ana Public Works Agency On -Call Engineering Services - RFP No.: 14 -037 FAMEALI — APPENDIX ATTACHMENT D -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant; the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Name AECOM Technical Services Signed and PrintedName:_�6�4 Matt Ulukaya Title: Vice President gate. November 17, 2014 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 14.037 Page 2'7 25M -236 AECOM City of Santa Ana Public Works Agency O On -Call Engineering Services • RFP No.: 14 -037 APPENDIX ATTACHMENT D -3: DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) SECTION 3 CONTRACT CLAUSE 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. 1701 u (Section 3). The 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 collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice In conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations 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 contractors 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. City of Santa Ana RFP 14 -037 Page 28 25M -237 City of Santa Ana Public Works Agency On -Call Engineering Services • RFP No.: 14 -037 AECOM G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section (7) Is 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 extent feasible (I) preference and opportunities for training and employment subcontracts shall be given to Indians, and (il) 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 rin 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. /1 nom Vero\ Signature Signature Signature Matt Ulukaya, Vice President Print Name and Title Print Name and Title Print Name and Title November 17, 2014 I 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 -037 Page 29 25M -238 AECOM City of Santa Ana Public Works Agency On -Call Engineering Services - RFP No.: 14 -037 APPENDIX ATTACHMENT D -4: CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment and including, but not limited to, what is listed in the Non - Discrimination Clause in Exhibit 10 -V per: httr)://www,dot.ca.gov/hq/LocalPrograms/lam/forms/chapterlO/l Ov-2013-05-14.docx and that it agrees to demonstrate positively and aggressively the principle of equal opportunity In employment. The same shall apply and be included in all subconsultant agreements. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM AECOM Technical Services TITLE OF PERSON SIGNING SIGNATURE DATE November 17,2014 M t Ulu aya, Vice President 0\ THIS FORM MUST BE COMPLETED AND PROPOSALS THAT DO NOT CONTAIN THIS FORA is Ana RFP 14 -037 Page 30 25M -239 25M -240 PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 5th day of August 2015 by and between RBF Consulting, a Company of Michael Baker International (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 A. The City desires to retain a consultant having special skill and knowledge in the field of: On -Call Engineering Services to provide engineering services on an as- needed basis. Engineering services may include, but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project /task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this the City may choose which consultant to assign the project/task to pursuant to this Agreement. 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 related field of expertise. 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. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one -year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. Exhibit 6 I 25M -241 2. SCOPE OF WORK Consultant agrees to 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. Additional Agreement provisions, if any, may be contained in "Additional Provisions" attached hereto and incorporated into this Agreement as Exhibit C. 3. SCHEDULE OF SERVICES If a Task Order is issued, Consultant shall complete services and shall perform and deliver them to the City as described and detailed in Exhibit A and per the Task Order provided. The City may request that the Consultant provide a proposed scope of work, schedule and budget for a particular project or work product within a Task Order. If the City approves the Task Order, the City will issue a Notice to Proceed ( "NTP ") approved by the Executive Director of the Public Works Agency or his /her designee ( "Executive Director "). Consultant shall meet the work deliverables within the Task Order, the schedule and budget unless otherwise adjusted by the City. Such services shall be provided per written request of the Executive Director after the City's issuance of the NTP. 4. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates, fees, and charges identified in Exhibit B, "Compensation ", attached hereto, and incorporated by reference, in an amount not to exceed two hundred fifty thousand dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). Exhibit B includes completed Federal Exhibits 10 -K and 10 -H along with all Consultant and subconsultant(s) rates and fees that comply with federal requirements. Exhibit D includes all previously completed Federal certification forms as part of the Proposal submittal in response to the Request for Proposals. These are attached hereto and incorporated herein as Attachment D- 1, D -2, D -3 and D -4. 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 disks (CD)s, USB jump drives or equivalent, 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 2 25M -242 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. PAYMENTS & INVOICES a. 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: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and /or Task Order number andor name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 7. 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. 8. 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 3 25M -243 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, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work Linder this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained. 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, except for 10 days' notice for non- payment of premium. 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25M -244 9. 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 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 "), to any work performed or services provided tinder this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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. 10. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without 5 25M -245 reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. (Also see Exhibit D.) 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. 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 Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 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(s) 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. 6 25M -246 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. (Also see Exhibit D.) 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. The 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 F 25M -247 To Consultant: RBF Consulting, a Company of Michael Baker International Mike Chesney, PE 14725 Alton Parkway Irvine, CA 92618 Phone: (949) 855 -5792 Facsimile: (949) 330 -4130 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 facsimile, 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. Additional provisions, if any, are identified as Additional Provisions — Exhibit C, attached hereto and incorporated herein by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25M -248 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 R. CARVALHO City Attorney Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOU'R Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: (Name) (Title) 9 25M -249 SCOPE OF WORK CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES I. GENERAL The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an as- needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. A detailed Scope of Work will be outlined when /if a specific project or Task Order is assigned to the consultant. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. Funding sources for each project may vary ranging from local, Measure M2, state and federal and each project /task order assignment shall comply with the funding agency's requirements. The projects may include storm drain improvements; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and/or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, and other related projects as required. On occasion, environmental and planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection. Occasionally, the City may also need geotechnical, mechanical, electrical and/or structural services. The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and /or sub- consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub - consultant, the prime consultant shall serve as an administrative liaison between the City and the sub - consultant. The prime Consultant marls -up for sub - consultants shall not exceed 10 %. II. PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS &E ") for various projects on an as- needed basis. However, work tasks may include studies or a variety of engineering or other [G 25M -250 tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and /or Task Order. Specific Task Orders with Notices to Proceed ( "NTPs ") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible- charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: 1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical dat un shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and /or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared 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 Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and /or specifications accordingly. 5. 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 responsible /in- charge of the project. These signed originals shall then become the property of the City. 6. If a part of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: 11 25M -251 A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre- construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The 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 (in Microstation V8i CADD and pelf formats) of the final as -built drawings via CD or e -mail. 8. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and 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 revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation for regular or overtime hours necessary to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional - level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. III. GENERAL REQUIREMENTS 1. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 12 25M -252 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and funding agency requirements or audits if requested. 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. Information - 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 finds or other persons or agencies. 13 25M -253 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 and the related guidelines that may be more recent. 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 ". f Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub - recipients) 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 Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title I1 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. Equal Employment Opportunity - Consultant, and all its contractors (or sub - recipients) 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. Anti - Kickback Act - Consultant, and all its contractors (or sub - recipients) 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. 14 25M -254 Davis -Bacon Act - Consultant, and all its contractors (or sub - recipients) 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. Contract Work and Safety Standards Act - Consultant, and all its contractors (or sub - recipients) 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. Clean Air Act - Consultant, and all its contractors (or sub - recipients) 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. 1. Energy Policy and Conservation Act - Consultant, and all its contractors (or sub - recipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Star. 871),(53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. m. Patent - 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. n. Copyright - 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. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders 15 25M -255 EXHIBIT B COMPENSATION CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -256 We Make a Difference INTERNATIONAL February 2, 2015 Ms. Monica M. Suter, PE, TE, PTOE I Project Manager City of Santa Ana I Public Works Agency 20 Civic Center Plaza, 31d Floor, Ross Annex Santa Ana, CA 92701 Subject: Exhibits 10 -K and 10•H I RFP No. 14.037; On -Call Engineering Services Dear Ms. Suter: As requested for RFP No. 14 -037 On -Call Engineering Services, enclosed are the completed and signed Exhibit 10 -K Consultant Certification of Contract Costs and Financial Management System and 10 -H Cost Proposal forms for RBF Consulting, a Michael Baker International Company. Our team includes the following subconsultant firms: • Advanced Civil Technologies (ACT) Consulting • Diaz Yourman and Associates Should you have any questions, I can be contacted at 949.855.5792 or mchesnevCoimbakerintl.com. We look forward to supporting the City of Santa Ana though this contract. i 4725 Alton Parkway I Irvine, CA 92618 1ma �...e.. 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Certification of Final Indirect Costs: Consultant Firm Name: RBF Consulting, a Company of Michael Baker Comoration Indirect Cost Rate: 156.95% * for fiscal period 01/01/2013 — 12/31/2013 (mm /dd /yyyy to mm /dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana, California Contract Number: RFP No. 14 -307 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management Svstem: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: 1, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $245 Million and the number of states in which the firm does business is 45 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 January 14, 2015 25M -269 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ 23,640 it 1.82% of Estimated NTE Contract) Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ 200,000 (Estimated Not to Exceed) Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) ACT Consulting Engineers, Inc. $11,820 (estimated) Diaz- Yourman & Associates, Inc. $11,820 (estimated) Consultant Certifying (Print Name and Title): Name: Mike Chesney PE Title: Vice President I Proiect Mana er Consultant Certification Signature * *: Air Date of Certification (mm /dd/yyyy): January 30 2015 Consultant Contact Information: Email: mchesnev rt mbakerinfl corn Phone number: 949.855.5792 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual orfirm providing engineering and design related services as aparty to the contract. Therefore, subeonsultants as parties of a contract must complete a certification and send originals to A&r1 and keep copies in Local Agency Project Files. Distribution: 1) Original to Calnans Audits and Investigations 2) Retained in Local Agency Project Files LPP 15 -01 25M -270 Page 2 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA -OB I3 -07- Safe Harbor Indirect Cost Rate for Consultant Contracts found at http,ll www .dotca.gov/hq/LocalPrograms/DLA OBIDLA OB.htminlieuofthisform,) Certification of Final Indirect Costs: Consultant Firm Name: Advanced Civil Technologies (ACT) Consulting Indirect Cost Rate: 159,22% * for Fiscal period 0110112013 to 12131/2013 (mm /dd /yyyy to mm /dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: RFP No. 14 -037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CPR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $1,900,000 and the number of states in which the firm does business is 1. Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: LPP 15 -01 25M -271 Page I of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part, 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ T13D Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: Karen Cohoe Title: Consultant Certification Signature Date of Certification (mm /dd /yyyy): Consultant Contact Information: Email: kcohoe(a advancedciviltech.com Phone number: 714.6622288 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 1723 Definitions state: Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties ofa contract must complete a certification and send originals to A &1 and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files LPP 15 -01 25M -272 Page 2 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note, If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment d of DLA -OB 13 -07- Safe Harbor Indirect Cost Rate for Consultant Contracts found at hitp.11www. dot. ca. gov/ hq/ LocalPrograms/DLA_OBIDLA_OB.htm in lieu ofthisform-) Certification of Final Indirect Costs: Consultant Firm Name: Diaz Yourman & Associates Indirect Cost Rate: 215.68 * for fiscal period 01/01/2013 to 12/31/2013 (mm/dd /yyyy to mm/dd/yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: RFP No, 14 -037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1, All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 0 and the number of states in which the firm does business is 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page I of 2 LPP 15.01 January 14, 2015 25M -273 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 1 Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ TBD Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) Consultant Certifying (Print Name and Title): Name: Christopher M. Diaz, PE, GE Title: Principal Consultant Certification Signature Date of Certification (mm /dd/yyyy): 01/29/2015 Consultant Contact Information: Email: chris@diazyourman.com Phone number: 714 - 245 -2920 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFA Part 31, 23 CFR Part 1723 Definitions state: Consultant means the individual orferm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties ofa contract must complete a certification and send originals to A &1 and keep copies In Local Agency Project Files. Distribution: I) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files LPP 15.01 25M -274 Page 2 of 2 January 14, 2015 EXHIBIT C ADDITIONAL PROVISIONS CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • Request for Qualifications (RFQ) — RFQ No. 14 -037 • Statement of Qualifications (SOQ) -- in response to RFQ No. 14 -037 • Request for Proposal (RFP) — RFP No. 14 -037 • Proposal - -in response to RFP No. 14 -037 25M -275 EXHIBIT D ATTACHMENTS D -1, D -2, D -3 & D -4 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -276 APPENDIX ATTACHMENT D -1: NON- COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 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 Orange _ Subscribed and sworn to (or affirmed) before me on this 14 day of November, 2014, by s RobertRaltgn PF cPn,_., proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 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 14-037 Page 26 25M -277 APPENDIX ATTACHMENT D -2: NON-LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14037 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 anyfederal 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 Name RBF Consulting Signed and Printed Name: s Robert Kallenbaugb Pe THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, City of Santa Aria RFP 14 -037 Page 27 25M -278 APPENDIX ATTACHMENT D -3: DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) SECTION 3 CONTRACT CLAUSE 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). The 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. S. 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 collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. 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. City of Santa Ana RPP 14 -037 Page 28 25M -279 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 (26 U.S.C. 460e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (I) 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 riot in derogation of compliance with Section 7(b). For the purpose of training and employment the rip mart 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 60% 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 Aria. Signature S. Robert Kallenbaugh, PE; CEO Print Name and Title Print Name and Title Print Name and Title November 14 2014 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 '14.037 Page 29 25M -280 APPENDIX ATTACHMENT D -4: CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate In its employment with regard to race, color, religion, sex, or national origin; that it Is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment and including, but not limited to, what is listed in the Non - Discrimination Clause in Exhibit 10 -V per: http; / /www.dot.ca.gov /hg/L ocalProarams /lam /forms /chpRterl0 /10v- 2013- 05- 14,doex and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. The same shall apply and be included in all subconsultant agreements. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM RBFConsulting TITLE OF PERSON SIGNING S. Robert Kallenbaugh PE; CEO SIGNATURE DATE Novemb 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 -037 Page 30 25M -281 25M -282 PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 5th day of August 2015 . by and between Kimley -Horn (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 A. The City desires to retain a consultant having special skill and knowledge in the field of: On -Call Engineering Services to provide engineering services on an as- needed basis. Engineering services may include, but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project /task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this the City may choose which consultant to assign the project /task to pursuant to this Agreement. 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 related field of expertise. 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: UN-61i -1 This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one -year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. Exhibit 7 I 25M -283 2. SCOPE OF WORK Consultant agrees to 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. Additional Agreement provisions, if any, may be contained in "Additional Provisions" attached hereto and incorporated into this Agreement as Exhibit C. 3. SCHEDULE OF SERVICES If a Task Order is issued, Consultant shall complete services and shall perform and deliver them to the City as described and detailed in Exhibit A and per the Task Order provided. The City may request that the Consultant provide a proposed scope of work, schedule and budget for a particular project or work product within a Task Order. If the City approves the Task Order, the City will issue a Notice to Proceed ( "NTP ") approved by the Executive Director of the Public Works Agency or his /her designee ( "Executive Director "). Consultant shall meet the work deliverables within the Task Order, the schedule and budget unless otherwise adjusted by the City. Such services shall be provided per written request of the Executive Director after the City's issuance of the NTP. 4. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates, fees, and charges identified in Exhibit B, "Compensation ", attached hereto, and incorporated by reference, in an amount not to exceed two hundred fifty thousand dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). Exhibit B includes completed Federal Exhibits 10 -K and 10 -H along with all Consultant and subconsultant(s) rates and fees that comply with federal requirements. Exhibit D includes all previously completed Federal certification forms as part of the Proposal submittal in response to the Request for Proposals. These are attached hereto and incorporated herein as Attachment D- 1, D -2, D -3 and D -4. 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 disks (CD)s, USB jump drives or equivalent, 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 2 25M -284 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. PAYMENTS & INVOICES a. 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: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and /or Task Order number andor name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 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. 8. 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 25M -285 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, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained. 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, except for 10 days' notice for non- payment of premium. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25M -286 9. 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 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 "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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. 10. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without 5 25M -287 reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. (Also see Exhibit D.) 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. 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 Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 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(s) 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. 25M -288 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. (Also see Exhibit D.) 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. The 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 25M -289 To Consultant: Kimley -Idorn Darren Adrian, PE 765 The City Drive, Suite 200 Orange, CA 92868 Phone: (714) 939 -1030 Facsimile: (714) 938 -9488 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 facsimile, 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. Additional provisions, if any, are identified as Additional Provisions — Exhibit C, attached hereto and incorporated herein by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25M -290 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D, HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT: FRED MOUSAVIPOUR (Name) Executive Director (Title) Public Works Agency 25M -291 EXHIBIT A SCOPE OF WORK CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 1. GENERAL The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an as- needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. A detailed Scope of Work will be outlined when /if a specific project or Task Order is assigned to the consultant. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. Funding sources for each project may vary ranging from local, Measure M2, state and federal and each project /task order assignment shall comply with the funding agency's requirements. The projects may include storm drain improvements; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and /or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, and other related projects as required. On occasion, environmental and planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection. Occasionally, the City may also need geotechnical, mechanical, electrical and/or structural services. The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and /or sub - consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall 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 %. II. PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS &E ") for various projects on an as- needed basis. However, work tasks may include studies or a variety of engineering or other 10 25M -292 tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and /or Task Order. Specific Task Orders with Notices to Proceed ( "NTPs ") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible- charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and /or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared 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 Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and /or specifications accordingly. 5. 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 responsible /in- charge of the project. These signed originals shall then become the property of the City. 6. If a part of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: 11 25M -293 A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre - construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The 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 (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e -mail. 8. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and 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 revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation for regular or overtime hours necessary to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional - level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required. 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. III. GENERAL REQUIREMENTS All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 12 25M -294 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and funding agency requirements or audits if requested. 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. Information - 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. 13 25M -295 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 fiords 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 and the related guidelines that may be more recent. C. 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 ". f. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub - recipients) 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 Act 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. Equal Employment Opportunity - Consultant, and all its contractors (or sub - recipients) 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. Anti - Kickback Act - Consultant, and all its contractors (or sub - recipients) 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. 14 25M -296 i. Davis -Bacon Act - Consultant, and all its contractors (or sub - recipients) 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. Contract Work and Safety Standards Act - Consultant, and all its contractors (or sub - recipients) 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. Clean Air Act - Consultant, and all its contractors (or sub - recipients) 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. 1. Energy Policy and Conservation Act - Consultant, and all its contractors (or sub - recipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Star. 871),(53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. m. Patent - 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. n. Copyright - 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. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders 15 25M -297 EXHIBIT B COMPENSATION CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -298 M= February 2, 2015 Monica M, Suter City of Santa Ana, Publics Works Agency 20 Civic Center Plaza, 3ftl Floor, Ross Annex Santa Ana, CA 92701 RE: RFP 14.037 On -Call Engineering Services As requested, Kimley -Horn is providing the enclosed 10 -K and 10 -H forms (as applicable) for Itself and the Subconsultants listed below. Kimley -Horn will be utilizing the following Subconsultants for this Contract, as needed, and as listed on its 10 -K form. • Twining, Inc. • Canyon Consulting 1A -K and 10 -H forms have been enclosed for the following as applicable: • Kimley -Florn ® Forms 10 -H (Examples #2) and 10 -K • Twining • Forms 10 -H (Examples #2 & #3) and 10 -K • Schedule of Fees for Test'Equipment Rates • Canyon Consulting • Form 10 -H completed with full billing rates. • Form 10 -K not provided as Canyon does not have an audited overhead rate. • Canyon is not in the process of obtaining compliance with Federal Rate requirement and the above forms and is not likely to explore the use of the Federal Safe Harbor Rates due to the low Indirect Cost Rate provided under this program. With Kimley -Horn, you should expect more and will experience better. Please contact me at (714) 705 -1304 or darren.adrian(akimlev- horn.com should you require any further information related to the enclosed documentation. ncere , 4 Darren Adrian, P.E. Vice President 7l#Se City Dnve9aita 2b0Ora�ig e C rr32868 q4 ` " 74 930100 25M -299 x 0 F m W R R 0 d V o. N u C R R a O a F O U Y b b a• a� C �O U N Q O V N N 0. V � C .- O b 4� R v C F O. ti W N C p�U W vi O C N O U W a I O O M 0 r- O CrI .1 2 F. e a o F a L a Lju � G 0 C4 '. W O w o a F U ¢ N a 9 a U U z II C U o c o � m N C a N ro „ V C O N ¢ e e e o U U w 73 C O U � e e O N � � M CO y 09 J w F Q L C k 7L G a s yy C v N m v N -2 O x� z z z z z z �p eva ooe oee Boa voo awe „� nn "v d t` N IN N O W N In o0 O �n Oi N �O IO N �n n n In 7 � v3 sv » sa a v3 ss ss cz � ss ss a s� to cs v� ss ss ss v3 � � V G ¢ 'W 0 0 0 0 N N N N N N N N N N N i. 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N h O N O ° q O W 7 z ro C U ti N O Q N m O V 7 0 C U z e � o H o � o u e a � � w O 01 �y .a K U v cG� U U o c O � C b N d e e o U w n c a o C C � 7 ° F 7 C 7 w a 25M -302 7 � e � E V � C K � F 9 T r� C �o C1 O 0 U A v I a ! z2 � V b ` i 3 i f j'. I 1 C i f App i � w 3 h 0 bn N � a i u � o. N .O y 0 i T U � O 3 � q � m r G: � V Q LOc z N N C N O N a W O y C 69 Vi 69 69 Vj <�j Vi V? N ,r � V) q fn N m ti C` O n 00 eo ooa o00 ooa �m �{ a0 N CO lO a0 <n W O N 4 �+ C 69 yi 69 69 69 69 69 69 ro ° 0 0 0 0 0 0 0 0 N N N N N N O N b N W N N N N N N N N v N O O O O O H N Vj 69 54 4 ^ T O Vi 59 fH fP. 0 <n A 59 A E/i � Vj 64 H3 0 w N U H o a a ° z a b V� C V C o � O a 9 25M -302 7 � e � E V � C K � F 9 T r� C �o C1 O 0 U A v I a ! z2 � V b ` i 3 i f j'. I 1 C i f App i � w 3 h 0 bn N � a i u � o. N .O y 0 i T U � O 3 � q � m r G: � V Q LOc z N N C N O N a u a e w m e a E 0. 0 d F x e a n W 0 ti a o U m o o .�y o � o�w C O m W sa o v o w ti O v Q 0 7 ti O 0 U 25M -303 E as o � A � c _ ' a- ma � o �5� a e � g o a a v �xo o�A � d a r � N ` v vw .S o VOC a e m 4 o u S 9 p h E o v b bjY A u GGG c L A N .y O N V T N G R O F N II o O 5 � a n � F z U U � e r a evn a O � s � o w Q 6 0.S U F C m U � � O °o o FF H F v u F S zz F V) F O Q W o c v v w Q al Pi cJ F al cm U rl .c1 w O °o F v II �gg P .'J Ca ri w y F 9 N b0 F6+ c n a a Q v O y x w F � V] 8 d O ve c .v a 5_ O F Z r�C C L 25M -303 E as o � A � c _ ' a- ma � o �5� a e � g o a a v �xo o�A � d a r � N ` v vw .S o VOC a e m 4 o u S 9 p h E o v b bjY A u GGG c L A N .y O N V T N G R x 0 F �I i a A 4_ N Y O d v C N .N d V a 0 N d ro q O b ro N F O U ro q O U N U � C H O �O W v N q C o . m U]q aygi q G C 7 W O C 0 0 ro a 4: Y �n O N O N q M 0 P. c4 z O U 'a U N U b F. U 0 O dl p z d Iq. m + r. a zi U w A zi C O a N q q aA U � z o z u 0 o F aU U Ci Q a 7� G �i z L. T wo W q T 4= q V a000 aea vooa ooSo oo1S a000 0000 bu M� 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O =T f.] '�3 0 V3 0 0 0 Vj 59 'A 0 49 0 0 0 69 SA `A 0 VjA 0 O O O Vi 69 49 O 2A O O O Vi Ni Y3 O 69 d .y.. rp r o0 O ti ^ W Ot O r0 P � p N N — — N N 0 0 0 0 0 N 0 0 0 N N 0 N 0 N 0 0 0 0 N N N N 0 N 0 0 0 0 N N N 0 N Q QM M M M M M M M M M <- M M M M M M M <Q M O N N � in in W 4\ in w 'ti o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N IN N N N N N N N Cil N N N N N N N N N N N N N N N N N N N N N N N W O O O O O k N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H N IN h IN 0 0 0 0 0 0 0 0 0 0 O A N N N N N � 69 69 69 FA K S9 69 fA Yi rN,, � ss ss vj vj cv o a a a d a bq k q V1 G 0 0 0 0 0 h 0 V1 0 0 0 0 0 0 0 0 0 0 0 0 z 0 0 0 0 0 0 0 0 0 0 L W o7 c0 CD D\ 0 0 0 0 69 b9 fH 69 0 69 0 0 0 0 6? 69 69 69 0 EA T � Hi 69 A fA � O 0 0 0 0 0 0 0 0 0 0 •� v) in O O in O O IN iN O IN rl 11 � V3 Y3 69 64 Yi .N-i .N-i 69 64 Y3 69 69 C o m � � G � U J U a F V V O ? ro z N 3 �y N v a Q 25M -304 0 7 C O J rC y U Uy W r O V 1J v q A ^J a0 q N N m 4 q � a � g y w A O O� o b � y N y dW R V w d V W W y V T x T s o T L O � O A U � N ti m rp�� b0 4 07 W J [V m y 0 z N A r[ i y b0 3 " b9 N m a a y o � a y O U O � Q � o �i � GO- N N N l C O a J x a O F_ m W -- O O m WW m N R q C L d V cL e i y 6 u a° n M [�yJ U -+ b s% N N O C U o ro o z O U ro N rh U CL O o •o O � m W _ 7 U° v ti a ° O p 7 U C F" T Q e a U Q � Q 0 C e O p O C Q N N V of 0 e � U U w C F Q a °O C o m C k. a 25M -305 p E O jp N J o R �y R C C �yG E R O N GR C A O V N Q � W � yv a � w° ° � v y � T O u° N � N E U y N O ti R C U C m ,t0 .F ro v o m ° T Y N ry R P. Y Y z N N N 0 N a a J O U yj Ff3 U (p e e e e e a O e O o O o 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 0 0 e S' Vl Vt Vt Vl Vt V1 Vt Vt H Vl h h in Vl V1 mM ° 6S Fig V: 69 69 69 69 69 69 69 69 69 Y3 N3 69 69 EA 69 EA 69 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 QM C'n M M M M M M M M M Q M M M M M M M N -o d o h b r m in b n m M m r m h b r m h b r m w 0 0 0 0 0 0 N 0 N 0 N 0 N 0 N� 0 0 0 0 0 0 0 0 0 0 V ti N N N N N N N N N N N N N N N W O d' M GO N r of o0 00 of o0 o In m as cn �n oc of 6 o H W H O r O on N M vi b N m vi sz Fa ss sR s9 v> vi z9 v3 bz s i bs u3 v3 v3 sv v3 cv sv z [� vi q vl O1 O d' lD O\ c0 V1 �D N V1 00 O V1 vl l0 00 V M In .N-i - W --i-i - — - — - — — W Q fH fA fH 69 69 fA Yi E9 59 69 69 69 69 69 64 64 6R 69 64 69 T 0 m m a� .. ca P b b r r N N r r C h cn O l� Oi n M M W m W 01 Ol O In CT V, .+ W M C O N ^I 0 0 Ni � Vi 69 69 V3 V3 Y3 69 69 63 69 69 A 69 fR 69 64 69 m W b U � K c q E o sl W C7 0 0 25M -305 p E O jp N J o R �y R C C �yG E R O N GR C A O V N Q � W � yv a � w° ° � v y � T O u° N � N E U y N O ti R C U C m ,t0 .F ro v o m ° T Y N ry R P. Y Y z N N N 0 N a a J Local Assistance Procedures Manual EXHIBIT 10 -11 Exhibit 10 -11 Sample Cost Proposal (Example #3) Cost Per Unit or Work Contracts (Geotechnical and Material testing) Consultant or Subconsultant Twining, Ina Contract No. TBD Date TBD Unit /Item of Work: Page t of l (Example: Log of Test Boring for Soils Report or ADL Testing for Hazardous Waste Material Study) Include as many Items as necessary. DIRECT LABOR Hours Hourly Billing Total ($) Rate ($) Project Engineer $189.80 Sub- professional/Teehnicala $10S.S8 Coring equipment $62.50 OTHER DIRECT COST Unit(s) Unit Cast R -Value (CTM 301) See Fee Schedule Moisture (ASTM D 2937) See Fee Schedule Maximum Density and Optimum Moisture (ASTM D 1557) See Fee Schedule Sive analysis including Wash for Soil Classification (ASTM Ct36, CTM 202) See Fee Schedule Atterberg Limits / Plasticity Index (CTM 204) See Fee Schedule TOTAL COST PER UNIT OF WORK Notes: • Denote labor subject to prevailing wage with asterisk ('). • Hourly billing rates should include prevailing wage rates and be Consistent with publicly advertised rates charged to all clients (Commercial, Private or Public). • Hourly billing rates include netfee/profit. • Mobilizat ion /De-mobiliettion is based on site location and mother and frequency oftes ts/itenrs, • CDC items should be based on actual costs and supported by historical data and other documentation. • CDC iteurs that would be considered "tools oftho trade'are not reimbursable, • Travel related costs should be pre- approved by the contracting agency, The rates should not exceed the State Department o£Perso rnel Administration (DPA) requirements. LPP15 -01 25M -306 January 14, 2015 ATWINING Schedule of Fees 2014 - 2015 NOTE: Rates will be adjusted annually each July tat to reflect increased costs. Personnel Rates: Per Hour Unless Otherwise Noted Task Non - Destructive Testing Personnel Rate 10401 Code En IneerYn a d Consultin Personnel 10403 Rate 70026 Senior Principal Advisor /Consultant $ 258.00 70001 Principal Engineer / Geologist $ 180.00 10017 Metallurgical Engineer $ 175.00 70000 Registered Geotechnical Engineer $ 175.00 10011 Technical Advisor $ 175.00 10011 Material Scientist, Welding/NDT Consultant $ 175.00 70003 Registered Geologist/Certified $ 165.00 95321 Engineering Geologist $ 20.00 95324 10003 Senior EngineerlGeologlst $ 160.00 10009 Registered Civil Engineer $ 155.00 60003 Roofing /Waterproofing Consultant $ 180.00 10013 Project Engineer /Manager $ 145.00 30000 Quality Control Manager $ 135.00 10005 Senior Staff Engineer /Geologist IS 135,00 10007 Staff EngineerlGeologlst $ 130.00 10015 Quality Control Administrator 5 115.00 10019 Metallurgical Technician $ 90.00 90001 CAOD Operator /Draftsperson $ 80.00 70107 Field SUPONSOr /Safety Manager 5 110,00 20000 Laboratory Manager $ 100.00 98000 Laboratory Technician $ 80.00 90005 Expert Witness Testimony $ 390.00 91010 Qualified SWPPP Developer $ 125.00 91000 Qualified SWPPP Practitioner $ 115,00 Task 20102 _ Standard Sample: Concrete Cylinders (Each) $ 20.00 Code Field Inspection Personnel $ 2000 . Rate 10101 Concrete /Remfomed Steel Inspector $ 101,00 10103 PrestressedlPost Tensioned Inspector $ 101.00 10105 Concrete ICC Inspector $ 101.00 10109 Dulled -In- Anchor Inspector $ 10100 10111 Gunite /Shotcrete Inspector $ 101,00 10113 Masonry Inspector $ 101.00 10201 Structural SteeVWelding Inspector $ 101.00 10203 AWS Certified Welding Inspector $ 101.00 10207 Fireproofing Inspector $ 101.00 10501 Lead Inspector $ 106.00 70109 I.A. DeputyGading Inspector $ 106.00 75001 Asphalt Field and Plant Inspectoraechnician $ 102.00 70103 Pile Driving Inspector $ 102.00 70101 Sells Technician $ 102.00 10107 Concrete Quality Control(ACI /Celtrans Technician) $ 101.00 60001 RoofinglWateryrocfing Inspector $ 107.00 10515 Mechanical Inspector $ 120.00 10519 Electrical Inspector $ 122.00 10521 Plumbing Inspector $ 122.00 10523 Building Inspector $ 122.00 50003 Field Engineering Technician $ 105.00 Task Shopl rspection Personnel Rate _Code 10301 ___ Structural Steel Fabrication Inspector $ 101.00 10309 Batch Plant Quality Control Technician /Inspector $ 101.00 10325 Glue- Laminated Fabrication Inspector Quotation 10328 Pre -cast concrete /Pipe Fabrication Inspector $ 101.00 Task Code Non - Destructive Testing Personnel Rate 10401 NDE Ultrasonic Testing Technician $ 106.00 10403 NDE Magnetic Particle Testing Technician $ 106,00 10405 NDE Dye Penetrant Testing Technician $ 106.00 10305 Combination NDE TechnlClal- Welding Inspector $ 106.00 10409 Radiographic Testing (crew of 2) $ 275.00 Task Cotle Equipment Usage (pony unlces_aherwtse NOted) Rate 95318 Skidmore $ 40.00 95309 Torque Wrench, Small $ 15.00 95312 Torque Wrench, Large $ 25.00 95315 Torque Multiplier $ 40.00 95321 Air Meter $ 20.00 95324 Brass Mad $ 2000 , 95343 Nuclear Gauge (Per Hour) $ 9.00 95333 Pull Test Equipment $ 60.00 95348 Concrete /Asphalt Coring Equipment (Per hour) $ 120,00 95327 Pachometer $ 55.00 95336 Floor Flatness(Dlpstick) $ 45,00 95330 Schmidt Hammer $ 2000 . 95341 Vapor Emission Test Kits $ 30.00 95342 Relative Humidity Probe $ 45,00 95339 V -Meter $ 100.90 95351 Fireproofing Adhesion /Cohesion(Per Test) $ 20.00 95300 A Scan Ultrasonic Equipment and Consumables $ 65.00 95303 Magnetic Particle Equipment and Consumables $ 30.00 95306 Liquid Penetrant Consumables $ 25,00 95307 Phased Array Ultrasonic Equipment (Per Hour) $ 50.00 95347 Ground Penetrating Ruder (Per Hour) $ 50.00 95345 Impact Echo $ 280.00 95359 California Pavement Profilogaph (Per Hour) $ 115.00 95349 Inertial Pichler (Per Hour) $ 250.00 95357 Project Dedicated Vehicle $ 75.00 Task Code Specimen Pick -Up Rate 20102 _ Standard Sample: Concrete Cylinders (Each) $ 20.00 20101 Standard Sample :Mortar /Grout Cubes and Cores, $ 2000 . Fireproofing, debar, and Epoxy Posms (Each) 20103/ Oversize Sample: Masonry Prisms, Shotcrete Panels, IS 47.00 20104 Flexural Beams (Each) 20107 Technician for Specimen Pick -Up Not Listed Above 8 80.00 (Per Hour, 2 -Hour Minimum) 20109 Technlclan for Specimen Pick -Up Before 5:00 a.m. 5 98.00 cr After 5:00 p.m. Monday thru Fnday, cr All Day Saturday (Per Hour, 2 -Hour Minimum Plus Mileage) Task Code Jobaite Trailer, Mobile or On site Laboralo Rate 95360 Mobile laboratory for rapid set concrete $ 375.90 (per shift not exceeding 12 hours) All others by quotation 25M -307 TWINING 'A Task Mortar Rate Code Concrete Tests (Field Made Specimens) Rate 20201 6" x12 "or4 "x8" Cylinder: Compression Strength $ 32.00 30219 (ASTM C39) $ 85.00 20203 Density of Structural Lightweight Concrete $ 75.00 30221 Equilibrium or Oven Dry Method (ASTM C567) $ 95.00 20205 Core Compression including Trimming (ASTM C42) $ 55.00 20207 6" x 6" x 18" Flexural Beams Not Exceeding $ 70.00 80194 Referenced Size (ASTM C78, C293 or CTM 523) $ 50000 20208 6" x 6'x 30" Flexural Beams (CTM 523) $ 8500 20209 Cylinders: Splitting Tensile Strength (ASTM 0496) is 85.00 20211 Modulus of Elasticity Test (ASTM C469) $ 140.00 $0003 Rapid Chloride Permeability Test. Cylinders or is 450.00 275.00 Cores (ASTM C1202) Collapse Potential /Index (ASTM D5333) 80006 Density, Absorption, and Voids in Hardened $ 350.00 30203 Concrete (ASTM C642) $ 800,96 40005 Flexural Toughness (ASTM C1809, Formerly $ 70000 ASTM C1018) Consolidation Test. Full Cycle (ASTM 2435, CTM 219) 40009 Coefficient of Thermal Expansion of Concrete is 500.00 30205 (CRD 39, AASHTO T336) $ 400.00 Task 4" x 4" Bars, Five Readings up to 28 Dry Days Code Concrete Specimen Preparation Rate 20151 Sawing of Specimens (Each) _ $ 25,00 20157 Coring of Specimens in Lab (Each) $ 25.00 Task Laboratory Trial Batch: Concrete, Cement and Code Mortar Rate 30217 Compression Testcylinders Made antl Testetl in $ 4550 80195 Laboratory ASTM C192, C35) per $ 1,000.00 30219 6" x 8" x 18" Flexural Beams Made and Tested in $ 85.00 80100 Laboratory (ASTM 0192, C78) $ 550.00 30221 6" x 6" x 30" Flexural Beams Made and Tested in $ 95.00 80103 Laboratory (ASTM 0192, C293) $ 550.00 30223 Splitting Tensile Strength Cylinders Made and Tested $ 100.00 80194 in Laboratory (ASTM C192, 0496) $ 50000 30225 Modulus of Elasticity Test Cylinders Made and Tested in $ 156.00 80106 Laboratory (ASTM C192, C469) Quotation 30227 Density of Structural Lightweight Concrete Made in the $ 86,00 30322 Laboratory, Equilibrium or Oven Dry Method (ASTM $ 275.00 C567) Collapse Potential /Index (ASTM D5333) 30201 Laboratory Trial Batch (ASTM C192) $ 400.00 30203 Laboratory Trial Batch: Packaged Dry Concrete $ 800,96 Including Verification of Slump, Air Content, Plastic Unit Weight, Six Cylinders for Compressive Strength (ASTM Consolidation Test. Full Cycle (ASTM 2435, CTM 219) $ C387 and C192) 70311 30205 Drying Shrinkage Up to 28 Days: Three 3" x 3" or $ 400.00 4" x 4" Bars, Five Readings up to 28 Dry Days (ASTM Or 57) Com ivity Series'. Sulfate, CI, pH, Resistivity 30230 Additional Reading, Per Set of Three Bars $ 45,00 30231 Storage over Ninety (90) Days, Per Set of $ 30.00 70315 Three Bars, Per Month $ 30207 Setting Time Up to 7 Hours (ASTM C403) 5 125.00 30209 Bleeding (ASTM C232) $ 125.00 30229 Concrete Restrained Expansion (ASTM C578) $ 450.00 30211 Mix, Make and Test Mortar or Grout Specimens for $ 400.00 225.00 Compressive Strength'. Set of 6 (ASTM C109, C942) 20263 Non - Shrink Grout: Height Change after Final $ 400.00 Set ASTM C1Ogi 20265 Non - Shrink Grout: Height Change at Early $ 950.00 Age (ASTM Cli 30232 Cracking Resistance, Set of Three Rings, $ 4,000.00 Laboratory Trial Bashing, Test Until Cracking or up to 28 Days (ASTM 1581) 30233 Evaluation of Pre- Packaged Masonry Mortars $ 1,100.00 (ASTM C270) Task Chemical Analysis and Petrographic Code Examination of Concrete v Rate 80120 Chemical Analysis for Water Soluble Sulfates $ 160,00 (ASTM C114) (includes sample prep) Task Code Chemical Analysis and Petrographic Examination of Concrete, continued _ Rate _$ 80126 Chemical Analysts for Water Soluble Chlodtles ____ 150.00 80195 (ASTM C1218) (includes sample prep) per $ 1,000.00 80123 Chemical Analysts for Acid Soluble Chlorides $ 220.00 80100 (ASTM Of 152) (includes sample prep) $ 550.00 80193 Chloride Diffusion Coefficient of Cementitiens $ 2,000.00 80103 Mixtures by Bulk Diffusion (ASTM 01556) $ 550.00 80129 Petrographic Examination of Hardened Quotation 80194 Concrete (ASTM 856) $ 50000 Task Abrasion'. LA Rattler (ASTM C535) $ Code Physical and Chemical Analysis of Cement Rata 80195 Physical Testing and Chemical Analysis of Portland Cement per $ 1,000.00 California Bearing Ratio Excluding Maximum Density Standard Requirements (ASTM 0150) 55000 80100 Chemical Analysis of Portland Cement per $ 550.00 Standard Requirements (ASTM C150) California Bearing Ratio Excluding Maximum Density 80103 Physical Testing of Portland Cement per $ 550.00 (ASTM D1883): Cement- Treated Sell Standard Requirements (ASTM Of 50) 80194 Physical Testing of Type K Cement Mortar $ 50000 130.00 Expansion (ASTM C866) Clay Lumps and Friable Period. (ASTM Or 42) 80106 Partial Analysis or Specific Physical Tests Quotation 80110 Sulfates Resistance of Hydraulic Quotation 30322 Cement (ASTM Ci 012) $ Task Abrasion'. LA Rattler (ASTM C535) $ Code Physicals rid C hem ical Analysis of MI In Rate 80140 Chemical Analysis of Fly Ash per _ $ 550.00 California Bearing Ratio Excluding Maximum Density Standard Requirements (ASTM C618) 55000 80143 Physical Testing of Fly Ash per Standard Requirements $ 530.00 (ASTM C618) California Bearing Ratio Excluding Maximum Density 80146 Partlel Analysis or Specific Physical Tests Quotation 80147 Chemical Analysis and Physical Testing of Fly Ash per $ 1,000.00 Standard Requirements (ASTM C1618) Task Physical Testing of Chemical Admixtures for Code Concrete Rate 00196 Qualiflcatlon of Admixture per ASTM C494 Quotation Task Code Soils and Aggregate Tests Rate 30503 Abrasion'. IA Rattler (ASTM C131)� r 3 185.00 30505 Abrasion'. LA Rattler (ASTM C535) $ 195.00 70301 Atterberg Limits /Plasticity Index (ASTM D4318, CTM204) $ 150.00 70303 California Bearing Ratio Excluding Maximum Density $ 55000 (ASTM D1883): 8.11 70304 California Bearing Ratio Excluding Maximum Density $ 650.00 (ASTM D1883): Cement- Treated Sell 70305 Chloride and Sulfate Content (CTM 417, CTM 422) s 130.00 30403 Clay Lumps and Friable Period. (ASTM Or 42) $ 175.00 30321 Cleanness Value: V x#4(CTM 227) $ 175.00 30322 Cleanness Value: 1.5" x 75" (CTM 227) $ 275.00 70393 Collapse Potential /Index (ASTM D5333) $ 175.00 70396 Compressive Strength of Molded Soil- Cement $ 105.00 Cylinders (ASTM D1633) 70309 Consolidation Test. Full Cycle (ASTM 2435, CTM 219) $ 195.00 70311 Consolidation Test', Time Rate per Load Increment $ 45.00 (ASTM D2435, CTM 219) 70313 Com ivity Series'. Sulfate, CI, pH, Resistivity $ 245.00 (CTM 643, 417, and 422) 70315 Crushed /Fractured Particles (ASTM D5821, CTM 205) $ 175,00 70317 Direct Shear Test: Remolded antl /or Residual $ 245.00 (ASTM D3080) 70319 Direct Shear Test: Undisturbed - Slow [CD] (ASTM D3080) 8 225.00 25M -308 TWINING Task Code Code Solis and Aggregate Tests, continued 75033 Rate _ 70321 , Direct Shear Test: Undisturbed - Fast [CU] �� $ 195.00 75036 (ASTM D308O) $ 70.00 70378 Durability Index'. Per Method - A,B,C, or $ 210,00 $ 150,00 (CTM 229, ASTM D3744) Extactlon: % Bitumen (CTM 362, ASTM D6307) $ 155.00 70325 Expansion Index ASTM D4829, UBC 18 -2) $ 180.00 75004 Fine Aggregate Angularity $ 185.00 $ 325.00 ( AASHTO T3O4, ASTM C1252, CTM 234) (CTM 382, ASTM D6307) 30507 Flat and Elongated Particle (ASTM D4791) $ 225.00 30508 Flat or Elongated Particle (ASTM D4791) $ 195.00 70331 Maximum Density: Methods A /B /C $ 180.00 75054 (ASTM D1557, D698, CTM 216) $ 325.00 70333 Maximum Density: Check Point $ 65.00 $ 200.00 (ASTM D1557, Di (CTM 304, CTM 366, ASTM DI 560, ASTM D7561) 70335 Maximum Density: AASHTO C [Modified] $ 195.00 3 briquettes (ASTM D6926 ASTM D2726) (PASHTO T -180) 75049 Lab Tested Maximum Density: Marshall 70337 Moisture Content (ASTM D221QCTM 226) $ 25.00 70339 Moisture and Density. Ring Sample (ASTM D2937) $ 30.00 70341 Moisture and Density Shelby Tube Sample $ 40.00 (ASTM D2937) (ASTM 06925, ASTM D2726) 70340 Moisture - Density Relations of Soil - Cement $ 225.00 Compacted Briquette, Parafin, 1 briquette Mixtures Premixed In the Field (ASTM 0556) (ASTM 06925, ASTM Of 188) 70342 Moisture- Density Relatons of Soil- Cement Mixtures S 295.00 Mixed In the Lab (ASTM D558) 75066 30401 Organic Impurities (ASTM C4O, CTM 213) IS 90.00 70343 Permeability (ASTM D5004) $ 250,00 80001 Potential Reactivity: Chemical Method (ASTM C289) $ 475,00 70394 Potential Reactivity: Matter Bar Expansion Method $ 700.00 14 -Day Exposure (ASTM C126O) Marshall Stability and Flow, Gyratory Compacted $ 225.00 70398 Potential Reactivity: Concrete Her Expansion, $ 2,400.00 (ASTM D6925, ASTM 05581) Method (ASTM C1293), 12 month 75107 Marshall Stability and Flow 6" Specimen, Premixed, 70399 Potential Reactivity: Concrete Bar Expansion, $ 2,600.00 75063 Method (ASTM C1293), 24 month $ 85.00 75005 70397 Potential Reactivity of Aggregate Combination, $ 900.00 $ 3,000,00 14 -Day Exposure, Mortar (ASTM C7567) Hveem Mix Design, with RAP (Excluding Aggregate $ 3,300.00 70345 R- Value'. Sail (ASTM 2844, CTM 301) $ 325.00 70347 R- Value'. Aggregate Base (ASTM D2844, CTM 301) $ 355.00 70349 Sand Equivalent (ASTM D2419, CTM 217) $ 125.00 70351 Sieve NOT Wash Only (ASTM D1140, CTM 202) $ 90.00 70353 Sieve with Hydrometer: 3/4" Gravel to Clay $ 225.00 (ASTM D422, CTM 203) Marshall Mix Design (Excluding Aggregate Quality Tests) $ 3,000.00 70355 Sieve with Hydrometer: Sand to Clay $ 21500 Quality Tests) (ASTM D422, CTM 203) 75090 Marshall Mu Design with Lime (Excluding Aggregate 70357 Sieve Analysis Including Wash $ 140,00 75083 (ASTM 0136, CTM 202) $ 1,350.00 70359 Sieve Analysis Without Wash (ASTM C136, CTM 202) $ 105,00 70360 Sieve Analysis: Split Sieve (ASTM C136, CTM 202) $ 215.00 70361 Sieve Analysis Without Wash: With Cobbles $ 210,00 Superpave Mix Design, with Rubber (ASTM C136, CTM 202) (Excluding Aggregate Quality Tests) 70363 Soundness'. Sodium or Magnesium Sulfate, $ 450.00 5 Cycles (ASTM C88) 75075 70365 Specific Gravity and Absta lon :Coarse $ 100.00 (ASTM 0127, CTM 206) Effect of Moisture on Asphalt Paving Mixtures, Pre -Mixed, 24- $ 1,150.00 70367 Specific Gravity and Absorption: Fine $ 165.00 ( AASHTO T283, ASTM D4867) (ASTM C728, CTM 207) 75064 Effect of Moisture an Asphalt Paving Mixtures 70369 Swell /Settlement Potential: One Dimensional $ 105,00 75065 (ASTM D4546) $ 1,700.00 70371 Trial Quotation 70373 Unconfined Compression (ASTM D2166, CTM 221) $ 135.00 30317 Unit Weight Per Cubic Foot (ASTM C29, CTM 212) $ 00.00 30319 Voids in Aggregate with Known Specific Gravity $ 80.00 (ASTM C29, CTM 212) Task Code le Asphalt Car Tests Rate 75033 Bulk Specific Gravity of Compacted Sample or �$ 45.00 Core '. 850 (CTM 3O8C and ASTM D2726) 75036 Bulk Specific Gravity of Compacted Sample or $ 70.00 Core: Parafin Coated (CTM 3O8A and ASTM D1188) 75040 Emulsion Residue, Evaporation (ASTM D244) $ 150,00 75024 Extactlon: % Bitumen (CTM 362, ASTM D6307) $ 155.00 75027 Extraction: % Bitumen and Gradation (CTM 382, $ 200.00 CTM 202, ASTM 06307, ASTM D5444) 75026 Extraction: % Bitumen, Correction Factor $ 325.00 (CTM 382, ASTM D6307) 75030 Chemical Extractlon: % Bitumen and Sieve Analysis $ 245.00 (ASTM D2172 Method A or B, ASTM D5444) 75042 Lab Tested Maximum Density. Hveem, 3 briquettes $ 200.00 (CTM 304, CTM 308, ASTM D1561. ASTM D11 BB) 75054 Hveem Stabilometer Test with Mixing, 3 briquettes $ 325.00 (CTM 304, CTM 366, ASTM Of %0, ASTM D1561) 75057 Hveem Stabllomater Test, Premixed, 3 briquettes $ 200.00 (CTM 304, CTM 366, ASTM DI 560, ASTM D7561) 75048 Lab Tested Maximum Density, Marshall, $ 200.00 3 briquettes (ASTM D6926 ASTM D2726) 75049 Lab Tested Maximum Density: Marshall $ 215.00 6" Specimen, 3 briquettes (ASTM D5581, ASTM D2726) 75050 Lab Tested Maximum Density: Superpave Gyratory $ 75.00 Compacted Briquette, SSD, 1 briquette (ASTM 06925, ASTM D2726) 75052 Lab Tested Maximum Density: Superyave Gyratory $ 85.00 Compacted Briquette, Parafin, 1 briquette (ASTM 06925, ASTM Of 188) 75051 Maximum Theoretical Specific Gravity [RICE] $ 150.00 (CTM 309, ASTM D2O41) 75066 Marshall Stability and Flow, Cored Sample, each $ 75.00 (ASTM D6927) 75069 Marshall Stability and Flaw, Premixed, 3 briquettes $ 200.00 (ASTM D8926, ASTM D6927) 75072 Marshall Stability and Flaw, with Mixing, 3 briquettes $ 325,00 (ASTM D6926, ASTM D8927) 75106 Marshall Stability and Flow, Gyratory Compacted $ 225.00 Specimen Pre -Mixed, 3 briquettes (ASTM D6925, ASTM 05581) 75107 Marshall Stability and Flow 6" Specimen, Premixed, $ 215.00 3 briquettes (ASTM 05581) 75063 Moisture Content (CTM 370) $ 85.00 75005 Wet Track Abrasion Test( ASTM D391O) $ 150.00 75093 Hveem Mix Design (Excluding Aggregate Quality Tests) $ 3,000,00 75096 Hveem Mix Design, with RAP (Excluding Aggregate $ 3,300.00 Quality Tests, RAP Qualification) 75099 Hveem Mix Design, with Lime (Excluding Aggregate $ 3,550.00 Quality Tests) 75094 Hveem Mix Design Caltrans Untreated Mix $ 4,200.00 (Including Aggregate Quality Tests) 75095 Hveem Mix Design Coltrane Lime Treated Mix $ 4,300.00 (Including Aggregate Quality Tests) 75084 Marshall Mix Design (Excluding Aggregate Quality Tests) $ 3,000.00 75087 Marshall Mix Design with RAP (Excluding Aggregate $ 3,300.00 Quality Tests) 75090 Marshall Mu Design with Lime (Excluding Aggregate $ 3,55000 Quality Tests) 75083 Open Grade Asphalt Concrete Mix Design $ 1,350.00 (CTM 368, ASTM 07064) 75109 Superpave Mix Design (Excluding Aggregate Quality Tests) $ 4,770.00 75113 Superpave Mix Design, with RAP $ 6,090.00 (Excluding Aggregate Quality Tests) 75114 Superpave Mix Design, with Rubber $ 6,200.00 (Excluding Aggregate Quality Tests) 75115 Superpave Mix Design, with Additives $ 5,590.00 (Excluding Aggregate Quality Tests) 75075 Effect of Moisture on Asphalt Paving Mixtures, Pre -Mixed $ 875.00 ( AASHTO T283, ASTM D4867) 75070 Effect of Moisture on Asphalt Paving Mixtures, Pre -Mixed, 24- $ 1,150.00 Hour Immersion Pre -Mixed ( AASHTO T283, ASTM D4867) 75064 Effect of Moisture an Asphalt Paving Mixtures $ 1,500.00 ( AASHTO T283, ASTM 04867) 75065 Effect of Moisture on Asphalt Paving Mixtures, One Freeze $ 1,700.00 Thaw Cycle (PASHTO T283, ASTM D4067) 25M -309 ATWINING 'Task Code _ Asphalt Concrete Tests, continued Rate 75102 Resistance of Compacted Bituminous Mixtures to $ 1,650.00 Moisture Induced Damage [TSR], Untreated (CTM 371) 75105 Resistance of Compacted Bituminous Mixtures to $ 1,800.00 Moisture Induced Damage [TSR], Lime Treated (CTM 371) 75104 Resistance of Compacted Bituminous Mixtures to $ 900.00 Moisture Induced Damage [TSR], Pre - Mixed (CTM 371) 75111 Hamburg Wheel Track Test 20,000 passes, 4 $ 1,000.00 briquettes (AASHTO T324) 75116 Hamburg Wheel Track Test 25,000passee4 $ 1,200.00 briquettes (AASHTO T324) 75039 Raveling Test of Cold Mixed Emulsified Asphalt $ 200.00 (ASTM D7196) 75067 Marshall Stability, wet set, 3 replicates (AASHTO T 245) $ 32500 75068 Marshall Stability, dry set, 3 replicates (AASHTO T 245) $ 275.00 Task Code Brick Masonry Tests, ASTM C67 Rate 20301 Modulus of Rupture: Flexural (5 Required Per ASTM) 5 45.00 20303 Compression Strength (3 Required Per ASTM) $ 45.00 20305 Absorption: 5 Hour or 24 Hour (5 Required) S 50,00 20307 Absorption (Boil): 1, 2 or 5 Hours (5 Required) S 80.00 20309 Initial Rate of Absorption (5 Required) $ 40.00 20311 Efflorescence (5 Required) $ 80.00 20313 Cores: Compression $ 55.00 20315 Shear Teston Brick Cores2 Faces $ 80.00 Task Weld', Macroetch Compression :2"x4 "MOdar Cyllnders(ASTM C760) $ Code Concrete Block, ASTM C140 Slippage Test- Coltrane (CTM Rate 20321 Compression (3 Required Per ASTM) 5 5000 20323 Absorption /Moisture ContenflOven Dry Density $ 80.00 20355 (3 Required Per ASTM) $ 30.00 20327 Linear Shrnkage(ASTM C426) $ 200.00 20335 Web and Face Shell Measurements 5 40,00 20329 Tierra. Test $ 150.00 20331 Core Compression $ 55,00 20333 Shear Test of Masonry Cores: 2 Faces S 75.00 20339 Efflorescence Tests(3 Required) 5 4000 Task 20361 Core Compression including Trimming ASTM C42) Code Masonry Prisms, ASTM C1314 Rate 20341 Compression Test Composite Masonry $ 185,00 3200 . Prisms Up To W x 16" 20343 Compression Teat. Composite Masonry $ 245,00 Prisms Larger Than e" x 16" 20346 Prism Cord Modulus of Elasticity $ 505,00 Task Concrete Roof Fill: Gypsum, Vermiculite, Penile, Code LightweightInsulating Concrete, Etc. Rate 20371 Compression Test (ASTM C495 and C472) $ 39.00 20373 Air Dry Density (ASTM C472) $ 30.00 20379 Oven Dry Density (ASTM 0495) $ 55.00 Task Code Reinforcing Steel, ASTM A615, A706 ^ _ Rate 20501 Tensile Test: #I I or Smaller $ 5200 . 20503 Bend Test is 11 or Smaller 20504 Bend Test #14 cr 418 20505 Tensile Test: # 14 20507 Tensile Test: # 18 $ 4600 $ 300.00 $ 20000 $ 300.00 Task Prism Cord Modulus of Elasticity with Transverse $ 630.00 20633 Code Reinforcing Steel - Welded or Coupled Specinumans Code Rate 20521 Tensile Test: WoodalCouple l 911 and Smaller $ 0200 , 20523 Tensile Test WeldedCCUpled #14 $ 220.00 20525 Tensile Test: WeldedlCoupled#18 Mortar and Grout $ 320,00 20529 Weld', Macroetch Compression :2"x4 "MOdar Cyllnders(ASTM C760) $ 65.00 20531 Slippage Test- Coltrane (CTM 670) $ 175.00 Task Code Metal and Steel Testing Rate 20601 Tensile Strength'. Up to 100K Pounds (Each) $ 50.00 20603 Tensile Strength'. Up to 200K Pounds (Each) 20605 Tensile Strength'. Up to 300K Pounds (Each) 20607 Tensile Strength', Up to 400K Pounds (Each) 20609 Tensile Strength'. 400K to 600K Pounds (Each) 20611 Tensile Strength Stress-Strain Percent Offset 20545 Weld. Macroetch 20547 Wald. Fracture 20615 Bend Test 20617 Flattening Test 20619 Brinnel and Rockwell Hardness Test (ASTM El 8) (Par Test) 20630 Bolt. Axial Tensile Test (Up to 7J8" diameter) 20631 Bolt. Wedge Tensile Test (Up to 7/8" diameter) 20632 20347 Prism Cord Modulus of Elasticity with Transverse $ 630.00 20633 Nut: Proof Load Test (Greater than 1 ") Strain (for double-wythe specimen) Code Masonry Specimen Preparation Rate 20634 Task $ 45.00 Task 20635 Code Mortar and Grout Rate 20351 Compression :2"x4 "MOdar Cyllnders(ASTM C760) $ 30.00 20636 20353 Compression: 3" x 3" x 6" Grout Prisms, $ 5200 . 20637 Task Includes Trimming (ASTM Cl 19) 80173 20355 Compression'. 2 " Cubes (ASTM Clog) $ 30.00 20636 20357 Compression'. Cores (ASTM C42) $ 55,00 20639 20640 Bolt Axial Tensile Test (Greater than 718" up to V diameter) Bolt Wedge Tensile Test (Greater than 7/8" up to V diameter) Ball Axial Tensile Test (Greater than 1" diameter) Bolt Wedge Tensile Test (Greater than 1" diameter) Bolt: Proof Load Test (Up to 7 /8 ") Boll: Proof Load Test (Greater than 7 /8" up to 1 "diameter) Bolt: Proof Load Test (Greater than 1 ") Nut: Proof Load Test (Up to 7/8 ") Nut: Proof Load Test (Greater than 7/8" up to V diameter) $ 55,00 $ 65.00 $ 110.00 $ 300.00 $ 150.00 $ 65.00 $ 30.00 $ 46,00 $ 55.00 $ 7200 . $ 40.06 $ 55.00 $ 60.00 $ 75.00 Quotation Quotation $ 65.00 $ 85.00 Quotation $ 45.00 $ 65.00 Task 20641 Nut: Proof Load Test (Greater than 1 ") Quotation Code Masonry Specimen Preparation Rate 20155 Cutting of Cubes or Prisms $ 45.00 Task Code Chemical Testing of Metal and Steal Rate 80170 Steel Chemical Analysis It 125.00 Task 80173 Weight of Galvanized Coating (ASTM A90) $ 75.00 Code Fireproofing Tests Rate 20401 Oven Dry Density(Per Sample) (ASTM E605) $ 80.00 Task Code Gunite and Electorate Tests Rate 20361 Core Compression including Trimming ASTM C42) $ 55, no 20353 Compression'. 8 "x12 "Cylinders $ 3200 . 20365 Compression', Cubes (Includes Saw Cutting) $ 74,00 25M -310 TWINING Task Machining and Preparation of Tensile and Code Code Bend Sample: Carbon Steel 20706 Rate 20751 Machinist: Initial Preparation from Mock -up, Etc ,'$ direction (ASTM D3039) 80.00 20707 (Per Hour) $ 250.00 Rate 20753 Sawcut to Overall Width (Per 0.5" Thickness or $ 40.00 $ 85.00 Fraction Thereof) (ASTM D3039) 20755 Machine to Test Configuration: Milled Specimens $ 55.00 20783 (Per 0.5" Thickness or Fraction Thereon $ 8200 , Cyclic and Fatigue Testing Programs an Special Products/Pars 20757 Machine to Test Configuration: Turned Specimens $ 110.00 (Per 0.5" Thickness or Fmction Thereof) 20759 Prepare Subaze Specimens (Per 0, 5" Thickness $ 72.00 or Fraction Thereof) Fastener /Coupling Full Testing Program Per New Regulations: Tension, Quotation Task Code Charity Impact Rate 20621 Charpy Impact Ambient Temperature, per sample $ 70.00 (Average of 3 Samples Typically Required) 20623 Charpy Impact Reduced Temperature, per sample $ 90.00 (Average of 3 Samples Typically Required) Task Code Polymer Matrix Composite Materials (Fi hery rap) Rate 20706 Tensile Strength— Set of 5 Specimens /batch/ $ 1,350.00 direction (ASTM D3039) in the ceramic the industry. A separate schedule of fees for these services 20707 Tensile Strength— Additional Specimens $ 250.00 Rate (ASTM D3039) 20708 Heating Chamber Time — Per 24 hr period $ 85.00 (ASTM D3039) Task Code Calibration Services and Unive Mac rsal hine Usage_ Rate 20801 CalibrationNerfication Services�� Quotation 20803 Universal Test Machine Usage (Per Hour) $ 250.00 Ceramic Tile 'resting Division General Conditions NOTE: Field inspection work conditions are established by contract with Operating Engineers, Local 12 NOTE: A minimum [of 24 hours notice is required for testing and Inspection services Administrative Fees All administrative casts including report distribution and the Twining ConstructionHive system are billed at 4% of monthly invoice total. Note that hard copies of reports will be sent only to governing lursdictions that mandate them. All other parties will receive reports electronically. The administrative fee above will be increased by 1 %if additional hard copies of reports are requested. Minimum Charges (Inspection and Technician Personnel Only - Other Personnel Charged on Portal to Portal Basis) 2 -Hour Minimum: Inspectorarrives atjobshe, no work to perform Inspectorarmers atfobslte, no work to perform 4 -Hour Minimum: 1 to 4 hours of inspection 1 to 4 hours of inspection e -Hour Minimum: Over 4 hours of inspection Over hours of Inspection Regular Time The first 8 hours worked Monday through Friday between 5:00 a.m. and 5:00 am Time and One -Half (All Types of Inspection) All shifts will be billed based on the time and date of their star. Any incrament past 8 hours through 12 hours worked Monday through Friday and the first 12 hours on Saturday Time and one -half will also be charged for any time before 5:00 a.m. and after 5:00 ark Double Time (All Types of Inspection) All shifts will be billed based on the time and date of their start. After the first 12 hours worked Monday through Saturday, all day Sunday, holidays, and the first Saturday following the first Friday In June and December. Holidays are New Yeats Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. Meal Period When personnel are required by their duties to work more than five consecutive hours without a one -halt hour uninterrupted meal period,one half hour at double time rate will be charged in addition to any applicable overtime for actual hours worked. Shift Differential A $1.00 per hour shift differential premium will be charged for all inspection hours that fall outside of the 5:00 a.m. to 500 p.m. time period. Twining will require 48 -hour notice prior to beginning a shlit that will Include hours felling outside this time period. Should this notice not be provided, all work performed on that shift will be billed at the overtime rate. If three shifts per day are required, the first shift will be billed at the standard rate The second shift shall be billed In accordance with the previous paragraph. The third shift shall be billed at 8 hours for the first 61 /2 hours worked and overtime for all hours thereafter. 25M -311 The Ceramic Tile Institute of America (CTIOA) and Twining worked together to advance and develop technology designed to enhance the quality of materials and workmanship Task in the ceramic the industry. A separate schedule of fees for these services is available _Code Machining of Charpy Samples: Carbon Steel Rate upon request. 20780 Cutting and Mining (Per 0.5" or Fraction Thereafter) $ 7200 . (Average of 3 Samples Typically Required) 20783 Final Machining to Sample Configuration $ 8200 , Cyclic and Fatigue Testing Programs an Special Products/Pars Quotation (Average of 3 Samples Typically Required) Engineering and Technical supports/Design of Prototypes and Special Quotation Task Fastener /Coupling Full Testing Program Per New Regulations: Tension, Quotation Code Prestressing Wires and Tendons, ASTM A416 Rate Tension /Band, Shear, Double Shear, 8 Compressions 20701 Stress -Strain Analysls: Wire or Strands $ 170.00 Fiberglass /Composite Materials Field Testing Program (ASTM D4085, Quotation (Including Chad and Percent Offset) DI 143, 04923, D2584, 04476, D1242, 07901, 07921, and D732) 20703 Tensile Test Only $ 125.00 Field Testing of Structures and Structural Elements Quotation 20705 Tendons Quotation In -Place Shear Testing Quotation Materials and /or Product Evaluation Per Specifications Quotation Structural Dynamic Testing and Durability Analysis Quotation General Conditions NOTE: Field inspection work conditions are established by contract with Operating Engineers, Local 12 NOTE: A minimum [of 24 hours notice is required for testing and Inspection services Administrative Fees All administrative casts including report distribution and the Twining ConstructionHive system are billed at 4% of monthly invoice total. Note that hard copies of reports will be sent only to governing lursdictions that mandate them. All other parties will receive reports electronically. The administrative fee above will be increased by 1 %if additional hard copies of reports are requested. Minimum Charges (Inspection and Technician Personnel Only - Other Personnel Charged on Portal to Portal Basis) 2 -Hour Minimum: Inspectorarrives atjobshe, no work to perform Inspectorarmers atfobslte, no work to perform 4 -Hour Minimum: 1 to 4 hours of inspection 1 to 4 hours of inspection e -Hour Minimum: Over 4 hours of inspection Over hours of Inspection Regular Time The first 8 hours worked Monday through Friday between 5:00 a.m. and 5:00 am Time and One -Half (All Types of Inspection) All shifts will be billed based on the time and date of their star. Any incrament past 8 hours through 12 hours worked Monday through Friday and the first 12 hours on Saturday Time and one -half will also be charged for any time before 5:00 a.m. and after 5:00 ark Double Time (All Types of Inspection) All shifts will be billed based on the time and date of their start. After the first 12 hours worked Monday through Saturday, all day Sunday, holidays, and the first Saturday following the first Friday In June and December. Holidays are New Yeats Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. Meal Period When personnel are required by their duties to work more than five consecutive hours without a one -halt hour uninterrupted meal period,one half hour at double time rate will be charged in addition to any applicable overtime for actual hours worked. Shift Differential A $1.00 per hour shift differential premium will be charged for all inspection hours that fall outside of the 5:00 a.m. to 500 p.m. time period. Twining will require 48 -hour notice prior to beginning a shlit that will Include hours felling outside this time period. Should this notice not be provided, all work performed on that shift will be billed at the overtime rate. If three shifts per day are required, the first shift will be billed at the standard rate The second shift shall be billed In accordance with the previous paragraph. The third shift shall be billed at 8 hours for the first 61 /2 hours worked and overtime for all hours thereafter. 25M -311 TWINING General Conditions, continued Travel Time and Mlleage For projects outside a 50 -mile radius from the nearest Twining facility, $0.60 per excess mile to and from the project will be charged for inspectors and technicians. Other Nan small tools, whenever project related equipment is required to be transported to and from the project site, time and mileage for inspectors and hold technicians will be billed on a portal to portal bests. For all projects, $0.60 per mile will be charged portal to portal for engineers, consultants, supervisors, and laboratory technicians from the laboratory, to the project site and return. Saturday Sample Pick-Ups In orderto be in strict conformance with testing standards, it may be required that Saturday pick -ups be performed (e, g, concrete specimens cast on Friday must be picked up on Saturday in order to be in conformance with ASTM C31 requiring specimens to be moved to their final curing location within 48 hours of casting.) Applicable charges for Saturday work will apply when this is required. Should these charges not be authorized then Twining will not be responsible for any negative consequences. Remote Jobs For projects In excess of 100 miles from Twining, travel tlme will be charged at the relevant straight time rate. Reimbursable Expenses Parking, airfare, car rental, food and lodging, etc, will be charged at cast plus 15% per processed invoice, unless provided by client Subsistence Subsistence on remote lobs will be charged per quotation. Laboratory Testing Hours Please note that laboratory testing will be billed on an hourly basis for non - standard tests. If testing is required to be performed on Saturdays, Sundays, holidays, or before 5:30 a.m. or after 4'.00 p. n. an weekdays, an additional hourly charge with a minimum of one hour will be applied for the laboratory technician. 1.5 x regular test rate will be charged for rush testing. Charges for Subcontracted Services Material sent to outside laboratory for testing: Cost plus 20% Material sent to outside forbearer or machine shop'. Cost plus 20% Glu-Lam beam inspection: Cost plus 20% Other subcontractors'. Cost plus 20% Project exclusive equipment purchase: Cost plus 20% Limit of Liability All contracts are subject to errors and omissions coverage limits of$50, 000.00, or contract amount whichever is greater. Higher limits avallable by quotation Certified Payroll Codified payroll will be provided, upon request, at an additional charge of $100,001month. Final Reports Required by Jurisdiction If a final report or affidavit is required, we must first review all inspection and testing reports and clear up any unresolved issues on these reports. These issues will typically require approval by the engineer or architect of record. This process can take several weeks or just a day, depending on the number and complexity of the issues. Cost for final reports will be billed hourly. Terms of Payment Fees charged are for professional and technical services and are due upon presentation If not paid within 30 days from data of Invoice, they are considered past due and a finance charge of 1 %% per month will be added to the unpaid balance (APR 1894), All Invoice errors or necessary corrections shall be brought to the attention of Twining within 15 days of receipt of Invoice. Thereafter, customer acknowledges invoices are correct and valid. Twining reserves the night to terminate its services to a customerwithout notice If all Invoices are not current. Upon such termination of services, the entire In the event of any litigation arising from or related to any agreement to provide services whether verbal smarted, the prevailing party shall be entitled to recover than the non- prevailing party all reasonable costs Incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. Additionally, In the event of a ran Specimen Disposal Specimens will be discarded after testing unless Twining has been notified prior to testing that the customer wishes to retrieve the specimens or storage arrangements are made. Oversize Specimens An extra charge will be made when test specimens require more than one person to handle due to size or weight. 25M -312 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07 -Safe Harbor Indirect Cost Rate for Consultant Contracts found at htip : / /www. dot. ca. gov/ hq/ LocalPrograms/DLA_OBIDLA_OB.him in lieu ofthisform.) Certification of Final Indirect Costs: Consultant Firm Name: Kimley -Horn and Associates, Inc. TBD Indirect Cost Rate: 194.16% *for fiscal period 111/13 to 12/31/13 (mm /dd /yyyy to mm /dd /yyyy) $200,000 *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana, CA Contract Number: TBD Project Number: RFP14 -037 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31, 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 62.19M(Transp. /ITS /Transit) and the number of states in which the firm does business is 5o Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: LPP I5 -01 25M -313 Page I of 2 January 14,2015 Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System I. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terns of the contract and is incurred specifically for the contract. 1 Not prohibited by 23 CFR, Chapter 1, Part 172,— Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Primc Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Twining, Inc. Canyon Consulting $ TBD Consultant Certifying (Print Name and Title): Name: Mark E. Atkinson Title: Consultant Certification Signature * *: Date of Certification (mm /dd /yyyy): Consultant Contact Information: 1/29/15 Email: mark.atkinson@kimley-horn.com Phone number: 919- 677 -2000 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31, 23 CFR Part 172.3 Definitions state: Consultant means the individual or,rrm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A &I and keep copies in Local Agency Project Files. Distribution: I) Original to Cal trans Audits and Investigations 2) Retained in Local Agency Project Files LIT 15 -01 25M -314 Page 2 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -I{ Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -IC CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA -OB 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at http:// www. dot. ca. gov/ hq1 LocalPrograms/DLA_OBIDLA_OB.htot in lieu ofthisform.) Certification of Final Indirect Costs: Consultant Firm Name: Twinii Indirect Cost Rate: 127.73% * for fiscal period 9/15/2014 (mm /dd /yyyy to mm/dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana, CA Contract Number: TBD Project Number: RFP 14 -037 I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Manaeement System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 27,750,000 and the number of states in which the firm does business is 1 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: LPP 15 -01 25M -315 Page 1 of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System t. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all Subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: Linas Vitkus, PE, GE Title: Senior Vice President Consultant Certification Signature ** Date of Certification (mm /dd /yyyy): 1/30/2015 Consultant Contact Information: Email: Amir Ghavibazoo, PhD Phone number: 562.426.3355 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31, 23 CFR Part 172.3 Definitions state: Consultant means the individual orfirm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A &I and keep copies in Local Agency Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files Page 2 of 2 LPP 15-01 25M-316 January 14, 2015 EXHIBIT C ADDITIONAL PROVISIONS CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • Request for Qualifications (RFQ) — RFQ No. 14 -037 • Statement of Qualifications (SOQ) -- in response to RFQ No. 14 -037 • Request for Proposal (RFP) — RFP No. 14 -037 • Proposal - -in response to RFP No. 14 -037 17 25M -317 EXHIBIT D ATTACHMENTS D -1, D -2, D -3 & D -4 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 18 25M -318 APPENDIX ATTACHMENT D -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 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 to 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 bo Non- coilluusll ffidavit is part of the Proposal. Signing this Proposal on the signature portion ther of sh II also co titu a signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a f e cer ification ay abject the certifier to criminal prosecution. Signed -I Z THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT 00 NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 14 -037 Page 26 25M -319 APPENDIX �- ATTACHMENT D -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 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 Name Kimley- Hornrand Associates, Inc. Signed and Printed Title: Vice President 11 -17 -2014 P.E. 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 -037 Page 27 25M -320 APPENDIX ATTACHMENT D -3: DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 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. 1701 u (Section 3). The 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 collective bargaining agreement or other understanding,_ if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations In 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations 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. 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. City of Santa Ana RFP 14 -037 Page 28 25M -321 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 extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (11) 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 mary 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. A, zk' Signature Signature Signature Darren Adrian, P E., Vice President Print Name and Title Name and Title Print Name and 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 -037 Page 29 25M -322 APPENDIX ATTACHMENT D -3: DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) SECTION 3 CONTRACT CLAUSE 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), The 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 collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations 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 Fart 135. 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. City of Santa Ana RFP 14037 Page 28 25M -323 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 extent feasible (I) preference and opportunities for training and employment subcontracts shail be given to Indians, and (11) 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 rin mary 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 Individuai residing within the Section 3 area, whose total family income does not exceed 60% 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 1998 -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 , rontractor /Service Provider has read Section 3 requirements and accepts all its requirements contained therein for all of hislher operations within the City of Santa Ana. Signature Print Name and Title Signature Print Name and Title nature Print Name and Title 11 f 3 14-- Date THIS BE City of Santa Ana RFP 44.037 Page 29 25M -324 i PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 5th day of August 2015 by and between Stantec Consulting Services, Inc. (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 A. The City desires to retain a consultant having special skill and knowledge in the field of: On -Call Engineering Services to provide engineering services on an as- needed basis. Engineering services may include, but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project/task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this the City may choose which consultant to assign the project /task to pursuant to this Agreement. 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 related field of expertise. 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. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one -year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. Exhibit 8 25M -325 2. SCOPE OF WORK Consultant agrees to perform daring 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. Additional Agreement provisions, if any, may be contained in "Additional Provisions" attached hereto and incorporated into this Agreement as Exhibit C. 3. SCHEDULE OF SERVICES If a Task Order is issued, Consultant shall complete services and shall perform and deliver them to the City as described and detailed in Exhibit A and per the Task Order provided. The City may request that the Consultant provide a proposed scope of work, schedule and budget for a particular project or work product within a Task Order. If the City approves the Task Order, the City will issue a Notice to Proceed ( "NTP ") approved by the Executive Director of the Public Works Agency or his /her designee ( "Executive Director "). Consultant shall meet the work deliverables within the Task Order, the schedule and budget unless otherwise adjusted by the City. Such services shall be provided per written request of the Executive Director after the City's issuance of the NTP. 4. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates, fees, and charges identified in Exhibit B, "Compensation ", attached hereto, and incorporated by reference, in an amount not to exceed two hundred fifty thousand dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). Exhibit B includes completed Federal Exhibits 10 -K and 10 -H along with all Consultant and subconsultant(s) rates and fees that comply with federal requirements. Exhibit D includes all previously completed Federal certification forms as part of the Proposal submittal in response to the Request for Proposals. These are attached hereto and incorporated herein as Attachment D- 1, D -2, D -3 and D -4. 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 disks (CD)s, USB jump drives or equivalent, 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 2 25M -326 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. PAYMENTS & INVOICES a. 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: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and /or Task Order number andor name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 7. 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. 8. 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 I 25M -327 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, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained. 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, except for 10 days' notice for non- payment of premium. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25M -328 9. 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 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 "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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. 10. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, riles and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without 5 25M -329 reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. (Also see Exhibit D.) 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. 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 Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 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(s) 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. 6 25M -330 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. (Also see Exhibit D.) 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. The 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 7 25M -331 To Consultant: Stantec Consulting Services, Inc. Sherry Weinmeier, PE, LEED BD +C, ENV SP Project Manager 38 Technology Drive, Suite 100 Irvine, CA 92618 Phone: (949) 923 -6265 Facsimile: (949) 923 -6121 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 facsimile, 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. Additional provisions, if any, are identified as Additional Provisions — Exhibit C, attached hereto and incorporated herein by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25M -332 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 R. CARVALHO City Attorney Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: (Name) (Title) 25M -333 EXHIBIT A SCOPE OF WORK CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES I. GENERAL The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an as- needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. A detailed Scope of Work will be outlined when /if a specific project or Task Order is assigned to the consultant. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. Funding sources for each project may vary ranging from local, Measure M2, state and federal and each project/task order assignment shall comply with the funding agency's requirements. The projects may include storm drain improvements; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and /or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, and other related projects as required. On occasion, environmental and planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection. Occasionally, the City may also need geotechnical, mechanical, electrical and /or structural services. The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and /or sub - consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall 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 %. II. PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS &E ") for various projects on an as- needed basis. However, work tasks may include studies or a variety of engineering or other 10 25M -334 tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and/or Task Order. Specific Task Orders with Notices to Proceed ( "NTPs ") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible- charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: 1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and /or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared 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 Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and /or specifications accordingly. 5. 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 responsible /in- charge of the project. These signed originals shall then become the property of the City. 6. If a part of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: 11 25M -335 A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre - construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The 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 (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e -mail. 8. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and 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 revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation for regular or overtime hours necessary to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional - level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required. 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. III. GENERAL REQUIREMENTS 1. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 12 25M -336 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and funding agency requirements or audits if requested. 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. Information - 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. 13 25M -337 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 and the related guidelines that may be more recent. 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 ". f Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub - recipients) 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 Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title lI 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. Equal Employment Opportunity - Consultant, and all its contractors (or sub - recipients) 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. Anti - Kickback Act - Consultant, and all its contractors (or sub - recipients) 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. 14 25M -338 Davis -Bacon Act - Consultant, and all its contractors (or sub - recipients) 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. Contract Work and Safety Standards Act - Consultant, and all its contractors (or sub - recipients) 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. Clean Air Act - Consultant, and all its contractors (or sub - recipients) 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. Energy Policy and Conservation Act - Consultant, and all its contractors (or sub - recipients) 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. Patent - 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. n. Copyright - 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. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders 15 25M -339 I:i f`13M- :l COMPENSATION CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -340 Stantec Consulting Services Inc. StanteC 38 Technology Drive Suite 100, Irvine CA 92618 -5312 February 3, 2015 Attention: Monica M. Suter, PE, TE, PTOE City of Santa Ana Public Works 20 Civic Center Plaza; Third Floor, Ross Annex Santa Ana, CA 92701 Dear Ms. Suter, Reference: Statement of Qualifications for RFQ No. 14 -037; On -Call Engineering Services in the City of Santa Ana Maintaining quality services for your community within funding constraints requires an effective approach. In the City of Santa Ana Public Works Department's (City) experience, an on -call consultant is the best way to efficiently manage and implement your upcoming projects. With an experienced and flexible team that can successfully support multiple civil engineering projects simultaneously, your projects will be in good hands. Stantec Consulting Services Inc.'s (Stantec) has designed a team specifically for you. We are proven and respected professionals who are committed to quickly responding to your needs. Following are a few qualifications that demonstrate how we are the best fit for your upcoming projects: Tears and Client Compatibility —Our key team members have worked with you for more than 30 years and we have developed a professional and successful relationship. Drawing on this experience, we will seamlessly merge with you to keep your projects a priority— moving forward efficiently and on schedule. Our multidisciplinary team and subconsultant partners have worked together for many years on numerous on -call, local, civil engineering projects — eliminating the learning curve. Our subconsultants who are included in the Exhibits 10 -K and 10 -H and their fully signed forms are attached: • Diaz Yourman & Associates - DYA's rates comply with Federal rate requirements and the 10- K and 10 -H forms. • PCR Services Corporation - PCR's rates do not comply with Federal rates and the 10 -H and 10 -K forms. They may explore the use of Federal Safe Harbor Rates. The Right Experience —For more than 30 years, we have worked extensively within the City — including recently completing the MacArthur Boulevard /Talbert Avenue Signal Synchronization Program —and nearby communities, as exemplified in our project experience on page 3. Our experience reflects the services you require — general engineering design expertise on arterial and local streets, bikeways, and public parks. As leaders and experts in our respective fields, we can proactively support countless engineering scenarios to help maintain your project continuity. We are committed and responsive, as proven on our current on -call agreements with the Cities of Anaheim, Downey, Newport Beach, Irvine, Lake Forest, and La Habra; Orange County Transportation Authority (Transportation Planning, Traffic Engineering, and Utility Coordination); and County of Orange Roads, Flood, and Parks Divisions. Design with ct,srmur?,ty in :vii, ^.d 25M -341 Chi' February 3, 2015 Monica M. Suter, PE, TE, PTOE Page 2 of 2 Reference: Statement of Qualifications for RFQ No. 14 -037; On-Call Engineering Services in the City of Santa Ana Project Creativity, Attention to Detail, ci.ndl Fsmctional Practica:.ity—We are committed to designing innovative, implementable, and safe public infrastructure throughout the City. We encourage you to contact our references provided in our proposal who can attest to our accurate, thoughtful, and advantageous approach and implementation. Having managed numerous roadway projects across North America and locally, our collaborative approach allows us to identify and explore a wide variety of alternative design options and improvements. We can provide full- services for any size project for this contract. Reputation for Reliability and Wall -ttilanaaed Projects— Locally based and just 12 miles from your office, we will respond quickly to your requests. We bring the depth of experience that comes with our national resources of more than 14,000 employees. We have developed a reputation for providing the right resources and expertise of a national firm to local projects performed by our more than 140 Irvine staff. Our references can also verify our responsiveness and collaborative approach. Cost Control—We carefully scope the necessary level of effort to successfully meet your goals, utilizing our staffing so you pay only for the needed level of support, saving you money. We believe that successful project delivery consists of not only completing the project on schedule, but also keeping within the given budget. We will work efficiently to maintain your budget, just as we have done on similar on -call contracts. Our project manager, Sherry Weinmeier, PE, LEED BD +C, ENV SP, is authorized to bind our team to all terms and conditions in your RFQ, as well as herein. Further, she is authorized to contractually bind our team and is the main point of contact for the City. Her contact information is provided below. Regards, STANTEC CONSULTING SERVICES INC. Sherry Welnme r, PE, LEED BD +C, ENV SP Project Manager Phone: (949) 923 -6265 Fax: (949) 923 -6121 Sherry.Weinmeler@stantec.com Jose de Jesus Mar inez, PE Principal -in- Charge Phone: (949) 923-6966 Fax: 949) 923 -6121 Jose.Martinez@stantec.com Monte. v: \2073 \bus1ness development \city -of_santa_ana \2014_on call \caltranscny forms and rates \let -cover sonta and_201502a.docx De5"gp with G r:S[Yfun ?t in rnind 25M -342 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10 -K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit. Attachment I of DLA -0B 13 -07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at http: / /www.dot.ca gov/ hq/ LocalPrograms/DLA_OB/DLA_OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Stantee Consulting Services Inc. Indirect Cost Rate: 173.12% * for fiscal period 01/01/2013 — 12/31/2013 (mm /dd /yyyy to mm /dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Managmment Svstem: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $24.5M and the number of states in which the firm does business is 40. Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposals) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 3l. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 January 14, 2015 25M -343 Local Assistance Procedures Manual EXIIIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terns of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance trust be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ 0 Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ 159,279 Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) Diaz Yourman & Associates $0 PCR Services Corporation $0 Consultant Certifying (Print Name and Title): Name: Dean Palumbo Title: Consultant Certification Signature * *: Date of Certification (mm /dd /yyyy): Consultant Contact Information: Email: dean.oalumbogstantec.com Phone number: (949) 923 -6020 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S. C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design related services as a party to the contract Therefore, subconsultants as parties of a contract must complete a certification and send originals to A&1 and keep copies in Local Agency Project Files. 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Certification of Final Indirect Costs: Consultant Firm Name: Diaz Yourman & Associates Indirect Cost Rate: 215.68 * for fiscal period 0 1/0 1/2013 to 12/31/2013 (mm/dd /yyyy to mm/dd /yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: RFP No. 14 -037 Project Number: I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: 1, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&E Contracts: I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 0 and the number of states in which the firm does business is 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15 -01 January 14, 2015 25M -347 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ TBD Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary) Consultant Certifying (Print Name and Title): Name: Christopher M. Diaz, PE, GE Title: Consultant Certification Signature * *: Date of Certification (mm /dd/yyyy): 01/29/2015 Consultant Contact Information: Email: chrisCdiazyourman.com Phone number: 714- 245 -2920 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subcoraultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31, 23 CFR Part 1723 Defnitions state: Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties ofa contract must complete a certification and send originals to A &I and keep copies in Local Agency Project Files, Distribution: 1) original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files UP 15 -01 25M -348 Page 2 of 2 January 14,2015 Name Company Classification Project Classification - Hourly Billing Rate EXHIBIT 10 -H COST PROPOSAL Actual) ` average, hourly rate - % or$ Increase r - Hourly Range for Class ON -CALL CONTRACT OT 1.5 X Subconsultant: Diaz.Yourman & Associates Contract No. RFQ14 -037 Date: 1/29/2015 V.R. Nadeswaran Fringe Benefit% Overhead% G &A % Combined NORMAL Incl. In OH + 215.68% + Incl. in OH = 215.68% OVERTIME Incl. in OH + 215.68% + Incl. In OH = 215.68% 244.25 244.25 FEE % = 10.00% 12131/2016 BILLING INFORMATION 3.00% r:Al r.1 II ATInN INFORhnATInN 256.48 Name Company Classification Project Classification - Hourly Billing Rate Effective date of o l y rate hour t Actual) ` average, hourly rate - % or$ Increase r - Hourly Range for Class Normal OT 1.5 X OT 2 X From To V.R. Nadeswaran 237.14 237.14 237.14 2/1/2015 12/3112015 68.29 N/A Principal Engineer Engineering QA /QC Exempt 244.25 244.25 244.25 1/1/2016 12131/2016 70.34 3.00% N/A 256.48 256.48 256.48 1/1/2017 12/31/2017 73.86 5.00% N/A 269.29 269.29 269.29 1/1/2018 12/31/2018 77.55 5.00% N/A S._Nlranlanan 179.11 179.11 179.11 2/1/2015 12/31/2015 51.58 N/A Associate Engineer 1 Project Manager Exempt 184.49 184.49 184.49 1/1/2016 12/3112016 53.13 1 3.00% N/A 193.73 193.73 193.73 1/1/2017 12131/2017 55.79 5.00% N/A 203.42 203.42 1 203.42 1/1/2018 12/31/2018 58.58 5.00% N/A 19154 193.54 193.54 2/1/2015 12/31/2015 55.74 54.27 to 57.2 Associate Engineer 11 Engineering Analyses, Reporting Exempt 199.36 199.36 199.36 1/1/2016 12/3112016 57.41 3.00% N/A 209.32 209.32 209.32 1/1/2017 12131/2017 60.28 5.00% N/A 219.77 219.77 219.77 1/1/2018 12131/2018 63.29 5.00% N/A 173.03 173.03 173.03 2/1/2015 12/31/2015 49.83 48.08 to 51.58 Associate Engineer l Engineering Analyses, Reporting Exempt 178.21 178.21 178.21 1/112016 12/31/2016 51.32 3.00% N/A 187.13 187.13 187.13 1/1/2017 12/3112017 53.89 5.00% WA 196.47 196.47 196.47 111/2018 12/31/2018 56.58 5.00% N/A 150.25 150.25 150.25 2/112015 12/31/2015 43.27 N/A Project Engineer ll ISA Exempt 154.77 154.77 1 154.77 1/1/2016 12131/2016 44.57 3.00% N/A 162.51 162.51 162.51 1/112017 12/31/2017 46.80 5.00% N/A 170.64 170.64 170.64 1/1/2018 1213112018 49.14 5.00% N/A _ 101.74 101.74 101.74 2/1/2015 12/31/2015 29.30 29.26 to 29.34 Staff Engineer ll Data Review, Engineering Analyses Exempt 104.80 104.80 104.80 1/1/2016 12/31/2016 30.18 3.00% N/A 110.04 110.04 110.04 1/1/2017 12131/2017 31.69 5.00% N/A 115.53 115.53 115.53 1/112018 12/31/2018 33.27 5.00% N/A 92.37 92.37 92.37 2/1/2015 12/31/2015 26.60 26.44 to 26.76 Staff Engineer Data Review, Engineering Analyses Exempt 95.15 95.15 95.15 1/1/2016 12/31/2016 27.40 3.00% N/A 99.90 99.90 99.90 1/1/2017 1 12/31/2017 28.77 5.00% N/A 104.90 104.90 1 104.90 1/1/2018 12/31/2018 30.21 5.00% N/A 76.64 114.96 153.28 2/1/2015 12/31/2015 22.07 N/A CADD Non - Exempt 78.93 118.39 157.86 1/1/2016 12/31/2016 22.73 3.00% N/A 82.89 124.33 165.78 1/1/2017 12/31/2017 23.87 5.00% N/A 87.02 130.53 174.04 1/112018 12/31/2018 25.06 5.00% N/A 116.88 175.33 233.77 2/1/2015 12/31/2015 1 33.66 N/A Technical Editor / Word Processor Non - Exempt 120.39 180.59 240.78 1/112016 12/31/2016 34.67 3.00% N/A 126.40 189.60 252.80 1/1/2017 12/3112017 36.40 5.00% 1 N/A 132.72 199.08 265.44 1/1/2018 12/31/2018 1 38.22 5.00% 1 NIA 1. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsullants firms. 2. Billing rate = actual hourly rate * (1 +ICR)* (I +Fee). Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. Note: Denote all employees subject to prevailing wage with an asterisk ( *) For "Other Direct Cost' listing, see page 2 of this Exhibit. 25M -349 Lo \ } ( /) _ \�\ )§ ) {\ ) §) \ }\ ]2\ ! ^! \ ƒ(\ §(\\ 25M-350 / \� \ �»4 � ) # \ t! \E \)e §K \ ! ( ®� miul / § \) §! ( /) _ \�\ )§ ) {\ ) §) \ }\ ]2\ ! ^! \ ƒ(\ §(\\ 25M-350 January 29, 2015 Ms. Sherry Weinmeier, P.E., LEED AP, ENV SP Principal STANTEC 38 Technology Drive, Suite 100 Irvine, California 92618 -5312 in= Re: USE OF SAFE HARBOR INDIRECT COST RATE FOR THE CITY OF SANTA ANA ON -CALL ENGINEERING CONTRACT Dear Ms. Weinmeier: This letter serves as a follow -up to your request of a 10 -K form to supplement our submittal to serve as a subconsultant for the City of Santa Ana On -Call Engineering Contract. Our rates as they are structured are not compliant with the Federal Acquisition Regulation (FAR). As such, we have completed the Safe Harbor Indirect Cost Rate (SHR) paperwork (Attachment 1R and 2R) to serve as the substitute for form 10 -K and your request for our established Indirect Cost Rate. It is our understanding that compliance under this trial measure should suffice for these circumstances. Should you have any additional questions, please do not hesitate to contact me at (310) 451 -4488 or v.valderramaQa pemet.com. Sincerely, PCR SERVICES CORPORATION Vida Valderrama Vice President / Chief Financial Officer Attachments 201 Santa Monica Boulevard, Suite 500, Santa Monica, Q f i3 yp40�gj w .pernet.com TEL 310.451 4488 Faye 310.451.5279 Attachment 1R SAFE HARBOR RATE CONSULTANT CERTIFICATION OF ELIGIBILITY; AND CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM FOR FEDERAL -AID HIGHWAY PROJECTS Consultant Firm Name: PCR Services Corporation Local Agency (if applicable): Contract # (if applicable): Federal Project #: Contract Total: $ For Subconsultants - estimated % of work to be performed: % Safe Harbor Rate (Indirect Cost Rate): 110% Certification of Eliuibility: I, the undersigned, certify that I am eligible to use the safe harbor indirect cost rate as I: OR 1. Do not have relevant contract cost history to use as a base for developing a Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31 compliant indirect cost rate (ICR). 2. Do not have a previously accepted ICR by a cognizant agency, or with an audited/accepted actual ICR, and do not have an existing contract with a provisional rate. Certification of Contract Costs: I, the undersigned, certify that I have reviewed the proposal for the above contract and to the best of my knowledge and belief: 1. All costs included in this proposal are allowable in accordance with the Safe Harbor Rate requirements and cost principles of the FAR of 48 CFR Part 31. 2. This proposal does not include any costs which are expressly unallowable with the Safe Harbor Rate requirements and cost principles of the FAR of 48 CFR Part 31. 3. All direct costs (direct labor /billing rates and other direct costs) included in this proposal are reasonable, allowable, and allocable to the contract in accordance with the Safe Harbor Rate requirements and cost principles of the FAR of 48 CFR Part 31. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files for 3 years after final voucher of federal reimbursement. Certification of Financial Management System: I, the undersigned, certify that our financial management system in place for this contract and moving forward meets the standards for the Safe Harbor Rate requirements and financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, 25M -352 Attachment 1R CFR, Part 18.20. These standards require consulting firms have an accounting system adequate to accumulate, and track allowable, allocable, and reasonable direct labor and other direct costs by contract; segregate indirect costs, and remove unallowable costs. * Consultant Certification Signature: Y y. frf�P tit ` trZ rGc Consultant Certifying (Printtity of Santa Ana Name: Vida Valderrama Title: CFO Consultant Contact Information: Email: v.valderrama @pcmet.com Phone: 310.451.4488 Date of Certification: January 29,2015 *An executive or financial officer of the contractor's organization who has authority to represent the financial information utilized to establish the proposal submitted in conjunction with the contract. ALSO REQUIRED Attach a copy of your completed: Safe Harbor Rate Questionnaire for Evaluating Consultant's Financial Management System Distribution: 1) Original to Caltrans A &I 2) DPAC Contract Files or Local Agency Files 3) Department ( Caltrans) Project Files (if applicable) 25M -353 Attachment 2R OCTOBER 2013 Safe Harbor Rate Questionnaire for Evaluating Consultant's Financial Management System For Federal -Aid Highway Projects Consultant Name: PCR Services Cot spgqkpnValrlp rama Headquarter Address: 201 Santa Monica Blvd Suite 500 Santa Monica, CA 90401 Location of Accounting Records: Headquarter Address Company contact for accounting system questions : Name: Vida Valderrama Title: CFO Phone Number: 310.451.4488 Email Address: v.vaiderrama@agpet.com Mailing Address: same as above Purpose: This questionnaire is a tool for the Department of Transportation (Caltrans) to evaluate the adequacy of the Consultant's financial management system to accumulate and track direct labor and other direct costs by contract, segregate indirect costs, and remove unallowable costs. Instructions: 1. This questionnaire should be completed by personnel (e.g. accounting staff) with working knowledge of the Consultant (Company)'s financial management system. 2. Answer all questions and provide an explanation and additional supporting documentation where requested. 3. For "No" responses, provide an explanation. 4. If additional space is required, please attach a separate sheet and refer to items being answered by number. IMPORTANTIII Definition of terms: Cost oblective is an agreement /contract, function or organizational subdivision, or other work unit for which the costs ofprocesses, products, jabs, or projects are accumulated and measured. An 'intermediate cost objective" is a cost objective used to accumulate costs that are subsequently allocated to one or more indirect cost pools and/or final cost objectives. Direct cost is any cost that is identified specifically with a particular cost objective. Direct costs are not limited to items that are incorporated in the end products as material or labor. Costs identified specifically with a contract are direct costs of that contract. All costs identified with other final cost objectives of the contractor are direct costs of those objective. (Federal Acquisition Regulations (FAR) 31.202) Indirect or overhead cost is any cost that is not directly identified with a single final cost objective, but is identified with two or more final cost objectives or with at least one intermediate cost objective. (FAR 31.203) Indirect cost pools are groupings of incurred costs identified with tow or more cost objectives but not identified specifically with any final cost objectives. (FAR 31.001) References: Title 49 Code of Federal Regulations (CFR) 18.2, Title 48 CFR 31, Title 48 CFR subpart 9900, and AASHTO Uniform Auditing & Accounting Guide (2012 Edition). 25M -354 Attachment 2R OCTOBER 2013 I. What form of business entity is the Company? ❑ Sole Proprietorship ❑ Partnership x C Corporation ❑ S Corporation ❑ Other 2. What types of services does the Company provide? (e.g. consultant - Architectural and Engineering Design, etc.) Environmental Consulting 3. Does the Company have prior government contracting experience? x Yes ❑ No If so, how many years of experience with government contracts? 40 years - municipal, local, etc. 4. What is the company's fiscal reporting period? (Start Date, —.. 1 -Jan 31 -Dec Has the company used the same fiscal reporting period for the past two years? x Yes ri No 5. What kind of accounting software does the Company use? ❑ Internally- developed system x Commercial System: Name of vendor BST ❑ Hybrid system: Please explain 6. What basis of accounting does the Company use to prepare general purpose financial statements? ❑ Cash x Accrual ❑ Hybrid Please explain "Hybrid" If response above is not "Accrual ", are year end accrual adjustments made for compliance with generally accepted accounting principles? ❑ Yes ❑ No If yes, please provide a listing of the accrual adjustments made. 7. Does the general ledger contain separate direct and indirect accounts for the following? a. Direct Labor costs (billable and separate non - billable accounts) x Yes ❑ No b. Non -labor costs (billable and separate non - billable accounts) x Yes ❑ No c. Unallowable costs x Yes ❑ No Note: This will support that all direct costs are accounted for and traceable from the job cost ledger to the general ledger. If responses are "Yes" to items "a" through "e ", please provide a copy of the Company's chart of accounts and identify account numbers /names (i.e. account series /grouping, categories) for the cost items listed below. (see attached) a. Direct Labor 60100, 601 l0, 60120 b. Other Direct Cost (ODC) 60200.60700 c. Indirect Labor 70100, 70110, 70130 d. Other Indirect Cost 70000 - 80000 Series e. Unallowable Cost 89100 8. Do you have written policies on identification of direct and indirect costs (labor and non - labor)? ❑ Yes If "Yes ", please provide copies. 9. Does the Company have a system in place to identify and remove from the indirect cost pools all unallowable costs, in accordance with 49 CFR Part 18.20, 48 CFR Part 31 and applicable Cost Accounting Standards? No. Please explain. _,.,,,; ­NIA - ,Please see attached letter Yes. If "yes ", please provide written policies and procedures for identifying and removing unallowable costs from the indirect cost pool, and answer a and b below: a. How are appropriate personnel trained to distinguish between allowable and unallowable costs? 2 25M -355 R421M Attachment 2R OCTOBER 2013 b. When does the primary review for allowability occur at time the transaction is recorded or later? lo. Are contracts /projects assigned a unique identification/project number in your accounting system? x Yes in No If "Yes ", please provide a complete list of current active contracts /projects with their respective identification number. See attached sample of project identifiers. Due to contractual confidentiality we cannot provide full list of 250+ active projects. 11. Do the Company's timesheets include reporting codes for both direct and indirect hours? x Yes ❑ No If "Yes ", do all employees, including managers and principles, record direct and indirect hours on their timesheets? x Yes ❑ No If "No ", then please explain the method used to segregate direct and indirect labor hours. 12. Does the Company record all hours worked by all employees, including managers and principals, regardless of whether the employees are exempt from overtime pay or whether all direct labor hours are billed to specific contracts /projects? ❑ No. If "No ", please explain. x Yes. If "Yes ", which of the following methods does the Company use to account for uncompensated overtime -the hours worked without additional compensation in excess of an average of 40 hours per week by direct - charge employee who are exempt from the Fair Labor Standards Act? ❑ Effective Rate Method. Please explain: ❑ Salary Variance Method. 'Please explain. (e.g., What was the total dollar amount of the salary /payroll variance for the year ?): $ x Other. Please explain: comp time offered on case by case basis 13. Is indirect and direct labor separated by contract /project /cost objectives on employee timesheets? x Yes ❑ No If "Yes ", please provide a copy of an approved timesheet that shows indirect and direct labor separated by contract/project/ cost objectives. See attached 14. IIow does the Company segregate work performed under a basic agreement /contract from work performed for contract changes /modifications? create separate budgets /phases within project structure for amendments /modifications 15. Besides labor, what other costs does the Company normally bill /invoice as direct contract /project costs? transportation costs, reprographics /printing, postage /delivery fees, archival materials, specialty photography /HABS photographs, research /museum fees, necessary field supplies Does your response include a complete list of all items you intend to bill /invoice for? x Yes ❑ No If "No ", please provide a listing of all those CDC items to be charged to the contract /project.. 16. Is your financial management capable of accumulating and summarizing costs including direct and indirect (including labor), unallowable, and ODCs by contract /project? x Yes o No If "Yes ", please provide a sample report from a currently active contract /project showing the accumulation and summarization of direct labor and ODCs by contract/project, if applicable. See attached 17. Do you have the ability to accumulate and summarize all contract /project costs even if they can not be billed directly? (i.e. non - reimbursable project costs) x Yes ❑ No 25M -356 Attachment 211 OCTOBER 2013 18. Describe the accounting treatment for direct costs not billable to clients. (Where/how are these costs recorded ?) non- billable phases within project structure 19. Does the Company reconcile the financial accounting system to the job -cost system? x N/A (no job -cost ledger used) ❑ No. Please explain. _ ❑ Yes. If "Yes ", how often? (Check all that applies.) ❑ Monthly ❑ Quarterly ❑ Semiannually ❑ Annually 20. As an attachment please describe (narrative or flow chart) your process for approving, recording, and invoicing contract /project costs that meet applicable federal and State rules and regulations. Distribute prebilling analysis (see attachment #16), Project Managers review /approve expended effort, Finance invoices client based on Project Manager's approval I certify that to the best of my knowledge and belief the responses to this questionnaire are accurate. Vida Valderrama Print N.ryme CFO Signature Title 25M -357 29 -Jan-15 Date Completed N O N Ol N d m 0 N I4 0 Q w O EC L G ® 0 Q yo V tm N 0 "m V N J C e QC O v 'a Q Q Q a Q ¢ ¢ Q 6 Q ¢ ¢ 6 Q ¢ Q ¢ Q �N N � a � ❑ ❑ ❑ ❑ ❑ a a � ❑ ❑ ❑ o a a a a �❑ ! 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N x� LL� N a m« m � m QO Q a C an O C mr i Y U °� N ® Q c U O e m c � ♦ o o' V n E L +e N = a v a U U iL 25M -375 v m m a a c N N N PCR - Sample Project Codes HST Code Project Name CIBHO05EA 9900 Wilshire Construction Monitor ENVLO03AQ ENVLO05AQ ENVL006AQ BCPT001EA FRKD001AQ CRBLO03AR CSUF001AR STNCO02AR Haynes Generation Project Scattergood Generating Station Burbank Power Plant Permitting 843/845 Seward Street Mount Palomar Resort Isla Verde Residential Development NAGPRA Inventory Correction La Costa Chevron Erosion Site 25M -376 Timesheet Summary Page 1 of I PCR Services Corporation Employee: 0443HHC He Chung Timesheet Summary Date: 1/29/2015 Period End Date: 1/15/2015 Time: 04:19 PM Regular Time Thu Fri Sal Sun Mon Tue Wed Thu Fri Sal Sun Mon Tue Wed Thu Total Project Name Prot Code Phase Task Org Cis Acty HT S Tax Writ 111 112 113 114 115 116 117 118 119 1110 1111 1112 1113 1114 1115 Hrs Alr Quallty Business AQBUSDEV CNSPONCONF 0523 55C "° "" " "' TCH 8.00 0.00 8.00 Development Holldays HOLIDAY "'" 1 0523 55C * "'* "" " "" TCH 9.00 9.00 Alr Quallty Dueness AQBUSDEV " " ^" MEET 0523 55C "'^ "' "' TCH 1.00 1.00 2.00 Development LA mixed -use JYUC001EP A 01 0523 55C "" "' ' '"' TCH 9.00 9.00 18.00 development EIR UTC - Rooketdyne Site BOG1001EP K 02 0523 55C "" •` `•' TCH 8.00 9.00 9.00 9.00 8.00 6.00 49.00 UTC - Rockefidyne Site BOG1001EP 02.AOC 01 0523 55C- "'_TCH _ _ _3_00 3.00 Total Hours For 111512016 9.00 8.00 0.00 0.00 9.00 9.00 9.00 9.00 0.00 0.00 0.00 9.00 9.00 9.00 9.00 88.00 Dotal Employee Status /Notes V20/2015 ]:2]:25 AM 0278MAG Melissa Ducts Posted 1/1612015 7:14:19 AM 0346HER Had Rents Approved 1115/2015 6:45:02 PM 0443HHC He Chung Signed a/ 5M -377 file: / / /C:/ Users /V.Valderrama /AppData /Loco STEnterprtse /Ti meSheetReports /Proddbhtt... 1/29/2015 Y N g o a � � U d Z � - @ T a od W 0 o @ d � U m � I o W N O N W V N U IL d m d d Q d u o U o O y = d = am 6'm V r N r M N r L W i (N w m N O E 6` m d N E a U Z c C _ L) m cc) M M OLL U O � a • o y 9 6 d O v v tq c m y d S v w ° O 0 0 0 0 0 0 O LL CR 0 O ON 0. 0H 0 0 ow W h t0 r-: f 0 V o DI o e o 0 0 0 0 0° d O W h t0 r-: O 0 V o G O 0 00 ❑ O O ( 0 C� O O N r O O O O O O O N O M O {V CI w .c w. td w w f0 {D N 0 n n w 2 D ❑ °o °o °o °o 7 c °o J0 m Co 0 0 0 0 0 o 00 0 00 0 00 0 0 4n m 1 � 'O O V1 O O IN N J pj w N c0 h r V M t0 O � O O M M a 0 0 0 M N N CM c 0 0'0 6 c -o i -.: O d 0 0 a - 6 6 0 w a.: H K O V m c V O N N F Q J N N N Q S 6 6 O d d 0 ? a ❑ 0 0 v o ai v 0 Qi ro d w N h T N w V V J Q r O (O YI Yl Fri � NN NN N 16 o G O 0 ❑ O O ( 0 O O O uJ O O Yl. N:ii w w w. td w w f0 {D m 2 D °o °o °o °o c °o J0 Co 0 0 0 0 0 4 c. o. mS 1 a 0 0 0 0 0 0 c'. 0 1 0 0'0 6 0 .. -o i -.: d 0 0 a - 6 6 0 6 0 a.: a K J m 6 6 d d 0 ? a J N O d u N J S Or N C m d 'o a `'-iS o m' O C ) d d '�O ❑I O '- U m m m Q U o Y Y Y Y Y Y 6 A @ @ @ @ @ N d H 6 � O L O L O aJ _V ILL r. 0 N P M N P Y F Uo Z N v _ ° • a T � o � d o � r c t w m m 2 N g I o m N O N � V N v or m v = R y m u or o U �_ O a• e o = y u E m y 05 c o y E p C a > O a J 0 rn o 0 o in QU U o O (� O N i fR � O N • a m a J a N J o y m L o y 0 0 m IL ms E5 x 0 I- Q W W W 5 N W I 0 0 0 0 0 O 0 0 0 0 0 Io Q O O O O N N U G I O O O N N J �r Jx U h+• 0 0 0 0 0 0 0 0 o c o La a N o 0 0 o a J J o 0 0 0 0 O° O O o O O �x a` of W of c0 of O b � O r Q � � �I O p O w y o 0 0 0 0 = . a N N N N N J m Y V1 0 W O m u a a a a a a a a 25M O = O v V d V V •� H N O N O N O O N N = 0 a O N O N N O c 0 wU o 0 0 o o y O O d O J y LL U ryJ N N N m 0 o c o .0 c a c '2 o E m o E O p o a o 0 0 o a� a i ar •C � v 0 v ° o m m O b � O r Q � � �I O p O y O yO o a = a = J m Y V1 0 W O m u N ~ I/1 p a a 25M O °o 0 p- °o 0 0 N N a O 2 a' ° o n wa O C a m Qme p� N � Y L � N 3 C y m 0 N M ,o ZS > J C O 2 C m Y b c o O 0 - o ° m U -2 U 0 m J v w, � a a K U J H a w a` ZM N ~ O 3 O mJ w ° Y N H 0 H v Z N m 0 m I U d a a O m Y V1 0 W O m O Q N ~ I/1 p a a 25M -379m 0 m J v w, � a a K U J H a w a` ZM N ~ O 3 O mJ w ° Y N H 0 H v Z N m 0 m I U d a a O C � 0 E .0 t. 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O u v U .Z u d � N Y fu cc e � v 'm A 9 a o o S v. rn yr an .n +n vi. +n va .n rn a m tp rn Ot m M O) vt O N vt 4 a tp lD a M M N N a M m Q 9Ci Q 'O Vf 3 o m 0 � c m c m o m ap+ O 0 o s o O 0 o O c p a a v m � Q O M\ o a v m o 1O m O t � Q \ a N v a \ H m O 'm p p � m p O m p Y h m \ v v C W v C v C C � C c m u a v v C H w p 6 c m a D Q O h Q Q VII uvi l7 25M -382 EXHIBIT C ADDITIONAL PROVISIONS CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • Request for Qualifications (RFQ) — RFQ No. 14 -037 • Statement of Qualifications (SOQ) -- in response to RFQ No. 14 -037 • Request for Proposal (RFP) — RFP No. 14 -037 • Proposal - -in response to RFP No. 14 -037 25M -383 IJ WE ATTACHMENTS D -1, D -2, D -3 & D -4 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 25M -384 APPENDIX ATTACHMENT D -1; NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 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 County c Subscriber) and sworn to (or affirmed) before me on this J "day of KO V , 2*4 by iCiSf�k fh f proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. LINDA M. PHIS LLLIIPi$ Commission N 1932099 Notary Public - California orange County ( M Comm. Ex tires May 7, 2015 Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDEI PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE r�r City of Santa Ana RFP 14 -037 Page 26 Stantec City oR Santa Ana I Proposal for RFQ No 14 -037. Uri Call Engineering Servica_ 34 25M -385 APPENDIX ATTACHMENT D -2: NON - LOBBYING CERTIFICATION „^ CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2, If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by Section 1352, Title 31, U.S. Code. Any person who falls 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 Name Stantec Consulting Services, Inc. Signed and Printed Name: y�� Jose Martinez, PE Title: Senior Principal 11/14/2014 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 14.037 Page 27 $tantec C=ity cf SqntU Anu ' f,r 12 Q no l OJ7:On -Call nqi[ oaring )cnlcz3 35 25M -386 APPENDIX ATTACHMENT D -3: DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14 -037 DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) SECTION 3 CONTRACT CLAUSE A. The work to be performed under this contract Is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person($) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor Is In violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations 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. 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. City of Santa Ana RFP 14 -037 Page 28 Stantec City o`Sonia Ana I Propowoi'or RFO No 14- 037: On -Call Engineering Sefvice5 36 25M -387 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. 4509) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (11) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indlan-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 riD maN 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 Signature Signature Jose Martinez, PE, Senior Principal Print Name and Title Print Name and Title Print Name and Title 11/14/2014 Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS TWAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 14 -0$7 Page 29 `- S'tan$9e (.,I h; U Scir, ta Ana I r'ro p. °.a! t-) 21 Q No li 037 On i:ul ! 37 25M -388 APPENDIX ATTACHMENT D -4: CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES RFP NO.: 14.037 As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment and including, but not limited to, what is listed in the Nan - Discrimination Clause in Exhibit 10 -V per: http: / /www,dot.ca g_ov /ho /LocalProctrams /lam /forms /chai)terl0 /10v- 2013- 05- 14.docx and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. The same shall apply and be included in all subconsultant agreements. WE AGREE SPECIFICALLY: 1, To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM Staniec Consulting Services, Inc. TITLE OF PERSON SIGNING Senior Principal SIGNATURE DATE 11/14/2014 Please include any additional information available re arq ding equal opportunity employment programs now in effect within your company. 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 14.037 Page 30 Stantec City of Sonia Ana I Pr000soi for RFQ No. 14 -097 N 25M -389 25M -390 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 5th day of August, 2015 by and between Mark Thomas and Company, (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 A. The City desires to retain a consultant having special skill and knowledge in the field of: On -Call Engineering Services to provide engineering services on an as- needed basis. Engineering services may include but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land/property surveying, structural, storm drain, water or sewer line- related engineering, architecture and landscaping design services and grant writing services. Environmental and /or planning support services may also be requested. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project /task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this, the City may choose which consultant to assign the project/task to pursuant to this Agreement. 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 those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). b. Payment by City shall be made within 45 days (forty -five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Exhibit 9 25M -391 Page 11 C. Invoices should be submitted on the 15`1' of each month and shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and /or Task Order number and /or name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available 3. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one -year renewal options exercisable 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 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. 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 its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting 25M -392 Page i 2 therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25M -393 Page i 3 7. 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 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 "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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. 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 25M -394 Page 14 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 in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax: 714- 647 -6956 With courtesy copies to: Fred Mousavipour, Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647 -5635 Sonia R. Carvalho, City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647 -6515 25M -395 Page 15 To Consultant: Robert A. Himes, PE President/Principal in Charge Mark Thomas & Company 16795 Von Karman Avenue, Suite 200 Irvine, CA 92606 Fax: 949 - 477 -4102 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written Page l6 25M -396 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. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 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. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by Page 17 25M -397 reference. b, Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B and vat C ' of sistant City Attorne RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency 25M -398 CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: (name) (title) Tax ID# Page 18 EXHIBIT A SCOPE OF SERVICES 25M -399 25M -400 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES I. DESCRIPTION OF WORK The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an on -call, as- needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, storm drain, water or sewer line - related engineering, architecture and landscaping design services and grant writing services. Environmental and /or planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection or occasionally request mechanical, electrical and/or structural services. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. The types of work efforts may include: • Underground utility design/modifications; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and /or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, building or facility work, other broader studies, and other related projects as required. • Amore detailed Scope of Work will be provided when /if a specific projector Task Order proposal is requested of a consultant. Funding sources will not include any state or federal funding. Projects for each project/task order shall generally include local funds. Each project/task order assignment shall comply with any and all agency funding requirements. The Sample Task Order was submitted with the proposal inclusive of the hours, hourly rate and totals in Attachment C for the qualifications and value -based RFP . Note, state prevailing wage requirements shall apply to work as required, and including but not limited to, survey and materials testing work, and per the below link: http://www.dir.ca.gov/publie-works/publicwori,s.htinl) Consultants and subconsultants completing any element of or type of work within projects /task orders that is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1., shall inform themselves fully of conditions relating to construction and labor law under which any work will be performed. Any consulting contract entered into pursuant to this notice shall incorporate the provisions of the California State Labor Code wherever they may apply and all fees shall be inclusive of or exceed these requirements. City of Santa Ana Scope of Work Page 1 25M -401 The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and/or sub - consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub - consultant, the prime consultant shall serve as an administrative liaison between the City and the sub - consultant. The prime Consultant marls -up for sub - consultants shall not exceed 10 %. II. PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS &E ") for various projects on an as- needed basis. However, work tasks may include studies or a variety of engineering or other tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and/or Task Order. Specific Task Orders with Notices to Proceed ( "NTPs ") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible- charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: 1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and/or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared 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 Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. City of Santa Ana Scope of Work Page 2 25M -402 5. 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 responsible /in- charge of the project. These signed originals shall then become the property of the City. 6. If apart of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre - construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The 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 (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e -mail. S. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and 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 revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. City of Santa Ana Scope of Work Page 3 25M -403 I1I. GENERAL REQUIREMENTS 1. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements, where they may also apply despite the focus on local funding. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grarnmatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and any funding agency requirements or audits if requested. Consultant certifies that it shall comply with the following regulations where applicable or others required by State or Federal Law, including, but not limited to the following: 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/or any other agency from which City received additional 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. City of Santa Ana Scope of Work Page 4 25M -404 b. Information - 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. 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 and the related guidelines that may be more recent. 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 farther the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act ". f. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub - recipients) 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 Act 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. Equal Employment Opportunity - Consultant, and all its contractors (or sub - recipients) 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. Patent - 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. n. Copyright - Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the City reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the above items as deemed necessary for the City's 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 any grants if utilized. The City's rights identified above must be conveyed to the City of Santa Ana Scope of Work Page 5 25M -405 publisher and the language of the publisher's release form must ensure the preservation of these rights. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders City of Santa Ana Scope of Work Page 6 25M -406 i ATTACHMENT C Sample Task Order CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES As part of their proposal in response to RFP 14 -037B, the Consultant provided a Sample Task Order scope of work. This Sample Task Order included the following to provide a privacy wall design, minimum level of geotechnical /soils report, survey work, plans, specifications, and estimates: Hours by staffing level & category (provided in the Excel Spreadsheet* provided), Total Fee (in the Excel Spreadsheet provided), Most responsive schedule deemed feasible, As part of this Sample Task Order, a narrative scope of work was also provided with the following subtasks: o Project Kick - off /Meetings o Survey o Geotechnical Materials Testing & Soils Report o Privacy Wall Design Plans o Specifications o Engineer's Estimate o As -Built Plans The sample wall length was for an 800 LF for a privacy wall height varying from 10 -16 feet of exposed height where private property (homes) would abut the one side of the wall and public right -of -way would abut the other side of the wall. In a separate one -page narrative scope of work and project approach was provided for all tasks necessary to provide this privacy wall Sample PS &E Task Order project. Any additional standard plans proposed to be used for this design or other approaches necessary to address the parameters indicated herein were also included. For the plan and profile sheets, inclusive of any detail sheets /notes and the scale shall be at 20 -scale and conform to all requirements detailed in this RFP, the City's Standard plans and /or other recommended standard plans that the consultant may recommend. *Note: Prevailing wages may apply to this work. City of Santa Ana Scope of Work Page 7 25M -407 EXHIBIT B FEE PROPOSAL, including hourly rates (from separately sealed envelope included with Consultant Proposal) Attachment C Information 25M -408 Sample Project - Privacy Wall Design (800 LF) Deliverables, Test or Services Project Kick - off /Meetings Principal Engineer Project Manager Project Engineer Survev Two person survey crew* Project Surveyor Geotechnical & Soils Report Materials Testing (equipment and lab fees) Geotechnical Engineer (Licensed) Assistant Geotechnical Engineer Privacy Wall Design /CADD Plans Project Manager Project Engineer Design Engineer CADD person Specifications Project Manager Project Engineer Design Engineer Engineer's Estimate Project Manager Project Engineer Design Engineer As -Built Plans Hours Hourly Rate Total 2 $ 280 $ 560 10 $ 190 $ 1,900 10 $ 160 $ 1,600 8 $ 275 $ 2,200 16 $ 145 $ 2,320 $ 5,000 20 $ 165 $ 3,300 40 $ 137 $ 5,480 8 $ 190 $ 1,520 20 $ 160 $ 3,200 60 $ 115 $ 6,900 40 $ 120 $ 4,800 2 $ 190 $ 380 12 $ 160 $ 1,920 8 $ 115 $ 920 2 $ 190 $ 380 8 $ 160 $ 1,280 12 $ 115 $ 1,380 Project Engineer 4 $ Draftsperson 8 $ Total 268 *Some positions /work tasks will be subject to prevailing wages. 160 $ 640 120 $ 960 $ 46,640 Note: The listing of the specific positions above is not intended to mean that each position listed will necessarily have hours included in the above. The positions simply represent the types of positions that might be utilized for each subtask to streamline the City's review of this information. Please utilize the categories listed to the extent possible. 25M -409 EXHIBIT A MARK TIIOMAS & COMPANY, INC. CHARGE RATE SCHEDULE "I -1" Expires August 31, 2015 HOURLY CHARGE RATES PROFESSIONAL AND OFFICE Principal $ 280.00 per hour Structural Manager 265.00 per hour Engineering Manager 240.00 per hour Senior Project Manager 215.00 per hour Survey Manager 195.00 per hour Project Manager 190.00 per hour Senior Project Engineer 175.00 per hour Project Engineer 160.00 per hour Senior Design Engineer 150.00 per hour Design Engineer 115.00 per hour Land Surveyor 180.00 per hour Project Surveyor 145.00 per hour Engineering /Survey /CADD Technician 120.00 per hour Inspector 115.00 per hour Technical Writer 95.00 per hour Design (Tech Assistant) 65.00 per hour Survey (Tech Assistant) 65.00 per hour Administrative 80.00 per hour FIELD Single Chief without Equipment $ 115.00 per hour Single Chief with Equipment 165.00 per hour Single Chainman 92.00 per hour 2 Person Field Party and Vehicle 275.00 per hour 3 Person Field Party and Vehicle 350.00 per hour SPECIAL SERVICES Expert Witness $ 375.00 per hour Strategic Consulting (Principal) 375.00 per hour OTHER DIRECT COSTS Reimbursables including, but not limited to: Printing and Materials, Filing Fees, and Field Expenses -Cost plus 5% Outside Consultant Fees -Cost plus 5% 25M -410 A► SURVEYIl G, INC. 15031 PARKWAY LOOP SUITE B. TUSTIN CA 92780 -6527 714) 918 -6266 FAX (714) 918 -6277 January 1, 2015 to December 31, 2015 SCHEDULE OF CURRENT HOURLY RATES FOR SERVICES PERFORMED BY OUR COMPANY Project Management $188.00 Project Surveyor 160.00 Survey Technician 124.00 Clerical and Delivery Service 70.00 2 Person Survey Party w /Equipment 288.00 3 Person Survey Party w /Equipment 372.00 GPS Receivers (minimum of three) - $100.00 /day /receiver Monuments, prints, photocopies, research materials, and other incidental or special supplies. 25M -411 AT COST D I A Z • Y O U R M A N & ASSOCIATES DIAZ•YOURMAN & ASSOCIATES Schedule of Charges - 2015 i " 5"VA'eb'iL Professional Services StaffI ............................................................... ....... ... .......................................................... $118.00 /hour StaffII ............................................................................ ............................... .........................135.00 /hour Project1 .............................................................. .................................................................... 150.00 /hour Project11 .......................................... ................................... . ................................................... 165.00 /hour AssociateI .......................................................................... ............................... ....................199.00 /hour AssociateII .................................................................... ............................... .........................213.00 /hour Principal.................................................................................................. ............................... 238.00 /hour Support Services ............................... 90.00 /day CADD / Clerical ........................................................................................... ............................... 80.00/hour Technical Editing/Word Processing .................................... ............................... ....................118.00 /hour Technician......................................................................... ............................... ....................118.00 /hour Prevailing Wage Field Services Week Days (6 am to 5 pm) ......................................................... ..... ...................................... 137.00 /hour Weekday Overtime (first 4 hours) ....................................... ............................... ....................165.00 /hour Week Nights (5 pm to 6 am), Saturdays (0 to 12 hours) .... ............................... ....................165.00 /hour Sundays, Holidays, Other Overtime .................................... ............................... ....................192.00 /hour Equipment FieldTruck ........................................... .................................................................................... 17.00 /hour Mileage.................................................................... ............................... ............................IRS Rate /mile NuclearGauge ........................................................................................... ............................... 90.00 /day Manometer................................................................................................. ............................... 53.00 /day SlopeInclinometer ..................................................................................... ............................... 58.00 /day CoringMachine ........................................................................................ ............................... 210.00 /day Other Equipment.. ................................. Separate Schedule Outside direct costs such as subconsultants, equipment rental, outside services, printing, copying, travel, and subsistence............................................................................................. ............................... Cost + 15% For non prevailing wage field services provided by a staff engineer during night time (7 pm to 7 am) a $160 surcharge/ per night and a minimum per visit charge of 4 hours will apply. Contract personnel may be charged at the hourly rates listed above. Travel time will be charged at regular hourly rates. Appearances as a witness (including depositions and court appearances) will be charged at a rate of $400 /hour plus expenses, with a minimum daily charge of 4 hours. Preparation will be charged at regular hourly rates. These rates are subject to a minimum 3 percent escalation for services provided in subsequent years. Invoices are due upon receipt and are past due 30 days after the invoice date. A finance charge of 1.5 percent per month, or the maximum allowed by law, will be charged on past due invoices. Diaz•Yourman & Associates makes no warranty, either express or implied, to its statements, conclusions, findings, recommendations or specifications except that they are prepared and presented in accordance with generally accepted standard of care. T 1616 EAST 17th STREET, SANTA ANA, CA2W_9VtZ09 TEL (714) 245 -2920 FAX (714) 245 -2950 Hartzog & Crabill Consulting Engineers Schedule of Hourly Rates Classification Hourly Rates Expert Witness / Deposition .............. ............................... Litigation Consultation ...................... ............................... Two - Person Survey Crew ................. ............................... Litigation Field Evaluation ................ ............................... Principal Consultant .......................... ............................... Project Manager ................................ ............................... Registered Land Surveyor ........................... Senior Engineer ............ ............................... Storm Water Permit Compliance Engineer Associate Engineer..... Construction Manager ...... $260 ...... $232 ...... $232 ...... $207 ....... $160 ...... $150 ... I... $145 Traffic Signal System Supervisor ................................................. ............................... $135 $135 $130 $125 $125 MuralArtist ................................................................................... ............................... $125 SeniorDesigner ............................................................................. ............................... $120 Traffic Signal Systems Specialist .................................................. ............................... $115 AssistantEngineer ......................................................................... ............................... $110 Draftsperson................................................................................... ............................... $ 93 Technician...................................................................................... ............................... $ 78 WordProcessor .............................................................................. ............................... $ 62 Clerical........................................................................................... ............................... $ 52 * Traffic Counts (Cost, plus 10%) ............................................. ............................... $ * Note: Out of pocket expenses (blueprinting, reproduction, printing and delivery service) will be invoiced at Cost. These other direct costs are included in the not -to- exceed values for the aforementioned scope of services. A 10% fee for administration, coordination and handling will be added to subcontracted services. This Schedule of Hourly Rates is effective as of July 1, 2014. Rates may be adjusted after that date to compensate for increases of inflationary trends. Mileage shall be per current IRS rate (rate can be found at the following link: httl)://www.irs.gov/newsrooin/article/O,,id=232017,00.htm ). 17852 E. 17'' Street, Suite 101, • Tustin, CA 92780 • (714) 731 -9455 25M -413 IBI Group Rate Sheet Effective July 1, 2015 to June 30, 2016 Other Direct Costs Item , Labor Category Fully Loaded Hourly Rate David Chow P E., AICP Principal -in- Charge $345.23 Lydia La Point, PE, LEED AP Senior Transportation Engineer $149.28 William Delo, AICP Principal Transportation Planner $242.24 Christina de Freitas Senior Transportation Planner $130.22 Cathy Chea Assistant Transportation Planner $75.71 Karen Su'ata Assistant Transportation Planner $60.50 Yonathan Esquivel Assistant Transportation Planner $60.50 Jeanette Kwok Graphic Designer $85.50 Other Direct Costs Item , -Cost Mileage $0.575 /mile Color Prints $0.10/page B &W Prints $0.02 /pa e Courier/Postage At cost Outsourced Reproduction At cost 25M -414 1H W7N I� H W F z a /H 11 po W t F O a �d x u H U O � N a y 4N '6A 0 U y b9 W b4 � �pqy uiA� o�p? u bp fi/l Y .4 '69'b 'G p o P4 y -i e .c o 0 0 ca ro 8 '7a 7 U W y ¢ri a U� 6 G •^ N o 0 ti v r4' -�a a " w a¢v�ww W4 dw U p •u U �FU U W G _ N W w y U U� fL 0..ro y uN V] R ub.c b0 a¢�n a a w�,oxoo3w 25M -415 C O Qj O U �tl O N coo � O � y O a 0 0 � 4 � pp � N a U p U N 7 3 rp. qo o � �ro wa d T 00 b ° bo � 5 � O 7 N 0 0 � o m d 7 a d Nu bu " c 3 5 v o 0 � u o y 3 w N y F N TO. T ° O Hx 0 vt 0 LEA ASSOCIATES, INC. USA IN -HOUSE DIRECT EXPENSES JUNE 2015 htt p:// inLr aneL. Isacorp .intemataccounting/contract.docx a06 /15 /t5n 25M -416 Unit Cost Reproduction (8.5 x 11) B/W $.07 per page Reproduction (8.5 x I1) Color $.40 per page Reproduction (11 x 17) B/W $.10 per page Reproduction (11 x 17) Color $.75 per page CD Production $5.00 per CD Plotting $3.75 per sf Mileage On Road $.575 per mile Mileage Off -Road $.725 per mile GPS Unit $75.00 per day Total Station Surveying Instrument $50.00 per day Level (Laser or Optical) $25.00 per day Laser Rangefinder $25.00 per day Sound Meter $75.00 per day Aerial Photo Cost Boat Rental $125.00 /day Water Quality Meter $25.00 /day htt p:// inLr aneL. Isacorp .intemataccounting/contract.docx a06 /15 /t5n 25M -416 Sample Proiect - Privacv Wall Desian (800 LF Deliverables, Test or Services Hours Hourly Rate Proiect Kick - off /Meetings Principal Engineer 2 $ 280 $ Project Manager 10 $ 190 $ Project Engineer 10 $ 160 $ Survev Two person survey crew* 8 $ 275 $ Project Surveyor 16 $ 145 $ Geotechnical & Soils Report Materials Testing (equipment and lab fees) $ Geotechnical Engineer (Licensed) 20 $ 165 $ Assistant Geotechnical Engineer 40 $ 137 $ Privacy Wall Design /CADD Plans Project Manager 8 $ 190 $ Project Engineer 20 $ 160 $ Design Engineer 60 $ 115 $ CADD person 40 $ 120 $ Specifications Project Manager 2 $ 190 $ Project Engineer 12 $ 160 $ Design Engineer 8 $ 115 $ Engineer's Estimate Project Manager 2 $ 190 $ Project Engineer 8 $ 160 $ Design Engineer 12 $ 115 $ As -Built Plans Project Engineer 4 $ 160 $ Draftsperson 8 $ 120 $ Total 268 *Some positions /work tasks will be subject to prevailing wages. Total 560 1,900 1,600 2,200 2,320 5,000 3,300 5,480 1,520 3,200 6,900 4,800 380 1,920 920 380 1,280 1,380 640 960 46,640 Note: The listing of the specific positions above is not intended to mean that each position listed will necessarily have hours included in the above. The positions simply represent the types of positions that might be utilized for each subtask to streamline the City's review of this information. Please utilize the categories listed to the extent possible. 25M -417 ® CITY OF SANTA ANA On -Call EEnnglneeriin Services - Part B RFP 14 -0378 SICOPF or, y SCOPE WORK ITEMS .................................................................................................... ............................... R The following anticipated scope of work for the sample Provacy Wall project correlates to the technical P approach and management approach described in the previous sections of this proposal. ! TASK 1: PROJECT MANAGEMENT/MEETINGS ! MTGo's Project Manager will take the lead in coordinating all project activities, including monthly Meetings, including an initial kick -off meeting with the involved City of Santa Ana Staff. The meetings will ! be coordinated with the design submittal schedule to discuss any City comments and resolve any design ! issues. Meeting minutes will be prepared and sent to City for review /approval within five work days. ! Task 1 Deliverables: MTCo will schedule, attend, and conduct a Kick -Off meeting with the City to review execution. MTCo will schedule, attend, and conduct monthly meetings with the City throughout the performance of i the services. Three meetings are expected after the 65 %, 95 %, and 100% milestones, TASK 2: PROJECT DATA GATHERING MTCo will gather all relevant existing data, collect supplemental field topo and geotechnical information for the design of the wall footing. This task shall include the following tasks and deliverables: Task 2 Deliverables; MTCo will attend one field coordination meeting with the City of Santa Ana staff. MTCo will collect the property data, utility records and as- builts for the roadway to reference in the development of the design. • MTCo will use readily available georeferenced aerials topo, provided by the City or gathered from commercially available sources such as Google earth, for the background of the layout plans. • MTCo will conduct field survey for the project site to obtain elevation controls for the design of the wall profile. Survey shall be at the wall layout line and also at a 5 and 10 foot offset on both sides of the proposed wall layout line. • Diaz Yourman and Associates shall conduct geotechnical borings three at the proposed wall locationsand prepare a Geotechnical Design Report to provide MTCo with the recommended footing design. TASK 3 PLANS, SPECIFICATIONS AND ESTIMATE (PS &E) Plans: Final Plans will be completed to allow for bidability and constructability of the Project. The format of the plans will follow the City of Santa Ana CADD (Microstation V8i) and design standards. The proposed height (16 feet max.) of the perimeter wall does not allow the use of the City's wall standards, in this case a standard wall per Caltrans standard plans can be applied with the City's approval, this will avoid the design of a custom wall type for this project. Anticipated sheets include the following; title sheet, quantities, and typical section (1), Plan and Profile (1 " =20') (3), construction details (1). Total of five sheets anticipated. Specifications: Technical specifications will be developed using the City of Santa Ana's most recent street improvements provisions modified for this project and boilerplate specs provided by the City of Santa Ana, Engineer's Cost Estimate: MTCo will prepare the Engineer's Cast Estimate for the quantities anticipated at each milestone of the design phase, Igs 3 Deliverables,' • 65 %, 95% and 100% PS &E Submittals • As -built plan revisions after construction has been completed. oMARK THOMAS & COMPANY 25M -418 ® N ■ CITY OF SANTA ANA —.- On-Call Engineering Services - Part B RFP 14 -0376 SCHEDULE ...................................................................................................... ............................... The project schedule developed for the Privacy Walls Design project reflects the approach and the scope of work detailed in the previous sections as well as assumed review period durations by the City of Santa Ana. Our previous experience with similar projects demonstrated that the design can be completed in 11 weeks from NTP. Task Name (Duration , tart ^W� Pinish 8/5/15 i Task 2.3 Geotechnical Investigation and Report 3 wks Wed Notice to Proceed 1 day Tue 8/4/15 Tue 8/4/15 Task 1. Project Management 11 wks Wed 8/5/15 Tue 10/20/15 Task 2. Existing Data Gathering 15 days Wed WAS Tue 8/25115 Task 2.1 Research Utility anti as -built records 2 wks Wed 8/5/15 Tue 8/18/15 Task 2.2 Design Survey and ROW Mapping 2 Wks Wed 8/5/15 Tue 8/18/15 Task 2.3 Geotechnical Investigation and Report 3 wks Wed 8/5/15 Tue 8/25/15 - Task 3. Plans, Specifications and Estimate 45 days Wed 8/19/15 Tue 10/20/15 Task 3.1- 65 %PS &E 2wks Wed 8 /19/15 Tue 9/1/15 65% City review 2wks Wed 9/2/15 Tue 9/15/15 Task 3.2- 95 %PS &E 1wk Wed 9 /16/15 Tue 9 /22/15 95% City Review 2 wks Wed 9/23/15 Tue 10/6/15 Task 3.3 -100% PS &E i wk Wed 10/7/15 rue 10/13/15 Final City Review 1 wk Wed 10/14/15 Tue 10/20/15 MARK THOMAS K COMPANY 25M-419 01 tt N CITY OF SANTA ANA — On -Call Engineering Services - Part B RFP 14.0376 l �^ n DEMONSTRATED VALUE .................................................................................................... ............................... Below is staff hours estimate to complete the sample task order. Sample P'roiect - Privan�r Wal! Design (800 L�) Deliverables, Test or Services Hours Project Kick- off /Meetings Principal Engineer 2 Project Manager 10 Project Engineer 10 Survey Two person survey crew* g Project Surveyor 16 Geotechnical & Soils Report Materials "resting (equipment and lab fees) Geotechnical Engineer (Licensed) 20 Assistant Geotechnical Engineer 40 Privacy Wall Design /CARD Plans Project Manager g Project Engineer 20 Design Engineer 60 CADD person 40 Specifications Project Manager 2 Project Engineer 12 Design Engineer g Engineer's Estimate Project Manager 2 Project Engineer g Design Engineer 12 As -Built Plans Project Engineer 4 Draftsperson g Total 268 *Some positions /work tasks will be subject to prevailing wages. Jate: The listing of the specific positions above is not intended to mean that each position sted will necessarily have hours included in the above. The positions simply represent the Ypes of positions that might be utilized for each subtask to streamline the City's review of this formation. Please utilize the categories listed to the extent possible. MARK THOMAS & COMPANY 25M -420 w N 0 ■ CITY OF SANTA ANA On -Call Engineering Services-Part B RFP 14 -0376 DEMONSTRATED VALUE Below is staff hours estimate to complete the sample task order. 11 im Deliverables, Test or Services Project Kick - off /Meetings Principal Engineer Project Manager Project Engineer Survey Two person survey crew* Project Surveyor Geotechnical & Soils Report Materials Testing (equipment and lab fees) Geotechnical Engineer (Licensed) Assistant Geotechnical Engineer Privacy Wall Desion/CADD Plans Project Manager Project Engineer Design Engineer CARD person Specifications Project Manager Project Engineer Design Engineer Engineer's Estimate Project Manager Project Engineer Design Engineer AS -BUilt Plans Project Engineer Hours 2 10 10 I 20 40 8 20 60 40 2 12 8 2 8 12 I Total 268 *Some positions /work tasks will be subject to prevailing wages. Note: The listing of the specific positions above is not intended to mean that each position listed will necessarily have hours included in the above. The positions simply represent the types of positions that might be utilized for each subtask to streamline the City's review of this information. Please utilize the categories listed to the extent possible. MARX THOMAS & taMPANY - 25M-4 EXHIBIT C CERTIFICATIONS C -1 through C -3 25M -422 CITY OF SANTA ANA On -Call Enjineerinq Services. Part 8 RFP 14.0378 CERTIFICATIONS , 25M -423 ARK THOMAS Y ;Prrniding Engineering, Surveying & Planning Services APPENDIX ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B REP NO.: 14-037B NON- COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Connect Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS mu rvaarea in accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares drat the bid Ilab ut Creek is not made in the interest of. or on behalf o£ any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not Collusive or sham; that die 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 indircedy, 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 ane; and, further, that the BIDDER has not, directly or indirectly, submitted his or tier bid price or any breakdown thereof, or the contents thereof, or divulged inforniation or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depositary, or to any member or agent thereof to effectuate a collusive or sham bid. Note: Tie ab n- collusion Affidavit is pail of the Proposal. Signing this Proposal on the signature portion thereof s I a eon ihit, sign rc f this Non - collision Affidavit. BIDDERS are cautioned that making a false certific,U n wee the certizr criminal prosecution. Signed State of California County of dI'l t Subscribed and sworn to (or affirmed) before me an this day of un� by M �,, i�4' 1l)f h,,W4 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 0 L 114111111"P11 LAM HARNEY Cafirifflikullon 7, t Notary Public - Net, Public S�igaawc Notary Public Send flacirams"to county t , , Mark Thomas & Company Inc. 16795 Von Karmon Avenue, Suile 200, Irvine, CA 92606 www.rnarkthornos.com (949[477-9000 fox: 19491477-4102 25M -424 0 111 ■ CITY OF SANTA ANA On -Call Engineering Services -Part B RFP 14 -0378 APPENDIX ATTACHMENT 3 -2; NON - LOBBYING CERTIFICATION CERTIFTC'ATION.0% CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO.: 14 -037B The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any Ends other than federal appropriated finds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting 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 lie or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Marl<Thomas & Signed and Printed Name: Title President Date June 1$, 2015 Robert A. Himes MARK THOMAS d COMPANY On -Call En Services - Part B RF � tneerin P 14 -0376 n i s CITY OF SANTA ANA .`. - APPENDIX AT'T'ACHMENT 3 -3: NON- DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES - PART B RFP NO.: 14 -0375 consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion; sex, or national origin. Such action shall include, but riot be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2< The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 1 The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of ire rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non- compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract maybe canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, oMARK THOMAS g COMPANY n _ _ w ■ CITY OF SANTA ANA On -Call Engineering Services - Part B RFP 14 -0376 regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect die interests of the United States. B. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as 'o ' ed in Section 1420, and any consultant of public works violating this Section is subject to all the pen 'n os d for a vi a ion of the Clrapter. Signed: Title: President Fit Mark Thomas & Company, Inc. Date: June 18, 2015 'ARK THOMAS & COMPANY EXHIBIT D ADDITIONAL PROVISIONS The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • Request for Qualificatons (RFQ) — RFQ No. 14 -037 • Statement of Qualifications (SOQ) — In response to RFQ No. 14 -037 • Request for Proposal (RFP) — RFP No. 14 -037B • Proposal —In response to RFP No. 14 -037B 25M -428 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 5th day of August, 2015 by and between VA Consulting, Inc., (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 A. The City desires to retain a consultant having special skill and knowledge in the field of On -Call Engineering Services to provide engineering services on an as- needed basis. Engineering services may include but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, storm drain, water or sewer line - related engineering, architecture and landscaping design services and grant writing services. Environmental and/or planning support services may also be requested. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project/task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this, the City may choose which consultant to assign the project/task to pursuant to this Agreement. 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 those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). b. Payment by City shall be made within 45 days (forty -five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Exhibit 10 25M -429 Page I 1 C. Invoices should be submitted on the 15`b of each month and shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and/or Task Order number and/or name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available 3. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one -year renewal options exercisable 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 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. 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 its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection Page 12 25M -430 against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. hi accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25M -431 Page i 3 7. 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 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 "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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. 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 Page 14 25M -432 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 in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax: 714- 647 -6956 With courtesy copies to: Fred Mousavipour, Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 Sonia R. Carvalho, City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647 -6515 25M -433 Page i 5 To Consultant: Max P. Vahid, PE President and CEO VA Consulting, Inc. 46 Discovery, Suite 250 Irvine, CA 92618 Fax: 949 - 261 -8482 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement aclmowledges 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 Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written Page 16 25M -434 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. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 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. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by Page 17 25M -435 reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council SONIA R. CARVALHO City Attorney B' and val C ' of sistant City Attome RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency 25M -436 CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: (name) (title) Tax ID# Page 18 EXHIBIT A SCOPE OF SERVICES 25M -437 iW owl :i SCOPE OF SERVICES CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES I. DESCRIPTION OF WORK The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an on -call, as- needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land/property surveying, structural, storm drain, water or sewer line- related engineering, architecture and landscaping design services and grant writing services. Environmental and/or planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection or occasionally request mechanical, electrical and/or structural services. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. The types of work efforts may include: • Underground utility design/modifications; sidewalks, bike paths, curb and gutter replacement; slung seal of residential streets; repair and overlay of asphalt concrete and/or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, building or facility work, other broader studies, and other related projects as required. • Amore detailed Scope of Work will be provided when /if a specific projector Task Order proposal is requested of a consultant. Funding sources will not include any state or federal funding. Projects for each project/task order shall generally include local funds. Each project/task order assignment shall comply with any and all agency funding requirements. The Sample Task Order was submitted with the proposal inclusive of the hours, hourly rate and totals in Attachment C for the qualifications and value -based RFP . Note, state prevailing wage requirements shall apply to work as required, and including but not limited to, survey and materials testing work, and per the below link: httl)://www.dir.ca.gov/publie-wort,s/nublieworks,html) Consultants and subconsultants completing any element of or type of work within projects /task orders that is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.l., shall inform themselves fully of conditions relating to construction and labor law under which any work will be performed. Any consulting contract entered into pursuant to this notice shall incorporate the provisions of the California State Labor Code wherever they may apply and all fees shall be inclusive of or exceed these requirements. City of Santa Ana Scope of Work Page 1 25M -438 The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and/or sub - consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub - consultant, the prime consultant shall serve as an administrative liaison between the City and the sub - consultant. The prime Consultant marls -up for sub - consultants shall not exceed 10 %. II. PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS &E ") for various projects on an as- needed basis. However, work tasks may include studies or a variety of engineering or other tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and/or Task Order. Specific Task Orders with Notices to Proceed ( "NTPs ") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible- charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: 1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and /or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared 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 Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and /or specifications accordingly. City of Santa Ana Scope of Work Page 2 25M -439 5. 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 responsible /in- charge of the project. These signed originals shall then become the property of the City. 6. If apart of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre- construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The 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 (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e -mail. 8. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and 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 revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required. 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. City of Santa Ana Scope of Work Page 3 25M -440 III. GENERAL REQUIREMENTS 1. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements, where they may also apply despite the focus on local funding. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and any funding agency requirements or audits if requested. Consultant certifies that it shall comply with the following regulations where applicable or others required by State or Federal Law, including, but not limited to the following: 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 /or any other agency from which City received additional 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. City of Santa Ana Scope of Work Page 4 25M -441 b. Information - 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 fiords or other persons or agencies. 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 and the related guidelines that may be more recent. 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 ". f. Civil Rights Compliance and Notification of Findings -Consultant, and all its contractors (or sub - recipients) 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 Act 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. Equal Employment Opportunity - Consultant, and all its contractors (or sub - recipients) 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. Patent - 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. n. Copyright - Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the City reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the above items as deemed necessary for the City's 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 any grants if utilized. The City's rights identified above must be conveyed to the City of Santa Ana Scope of Work Page 5 25M -442 publisher and the language of the publisher's release form must ensure the preservation of these rights. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders City of Santa Ana Scope of Work Page 6 25M -443 ATTACHMENT C Sample Task Order CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES As part of their proposal in response to RFP 14 -0378, the Consultant provided a Sample Task Order scope of work. This Sample Task Order included the following to provide a privacy wall design, minimum level of geotechnical /soils report, survey work, plans, specifications, and estimates: Hours by staffing level & category (provided in the Excel Spreadsheet* provided), Total Fee (in the Excel Spreadsheet provided), Most responsive schedule deemed feasible, As part of this Sample Task Order, a narrative scope of work was also provided with the following subtasks: o Project Kick - off /Meetings o Survey o Geotechnical Materials Testing & Soils Report o Privacy Wall Design Plans o Specifications o Engineer's Estimate o As -Built Plans The sample wall length was for an 800 LF for a privacy wall height varying from 10 -16 feet of exposed height where private property (homes) would abut the one side of the wall and public right -of -way would abut the other side of the wall. In a separate one -page narrative scope of work and project approach was provided for all tasks necessary to provide this privacy wall Sample PS &E Task Order project. Any additional standard plans proposed to be used for this design or other approaches necessary to address the parameters indicated herein were also included. For the plan and profile sheets, inclusive of any detail sheets /notes and the scale shall be at 20 -scale and conform to all requirements detailed in this RFP, the City's Standard plans and /or other recommended standard plans that the consultant may recommend. *Note: Prevailing wages may apply to this work. City of Santa Ana Scope of Work Page 7 25M -444 EXHIBIT B FEE PROPOSAL, including hourly rates (from separately sealed envelope included with Consultant Proposal) Attachment C Information 25M -445 1 I J 25M -446 VA� CONSULTING 1 VA will prepare improvement plans including structural calculations for approximately 800 linear feet of proposed privacy wall with10' to 16' in exposed height on City of Santa Ana title block. If necessary, VA will coordinate with the landscape architect for any required special architectural design details. Discussed below is a description of each task of the proposed VA work plan: 1- Kick -Off Meeting _and Data Collection ` VA will schedule and attend a Kick -Off Meeting with City Staff to initiate the Project; establish lines of communication; establish design guidelines; discuss Project parameters and constraints. This task provides for the collection and review of information from the City including relevant Project geotechnical investigations for the area and as -built plans for existing wet and dry utilities in relation to the proposed improvements. The acquired information will be used to establish the horizontal and vertical layout of the wall and to avoid utility conflicts. 2- Field Survey and Mapping The survey will include the development of a topographic map with 1 -foot contour intervals and will identify significant planimetric features such as utilities, trees, setback from homes, private and public street improvements. VA will compile City Right -of -Way and easement information and establish horizontal and vertical control at the Project site in order to maintain the proposed privacy wall improvement plans within City right -of -way. IN 3- Geotechnical and Structural Analysis of Privacy Wall VA will perform the structural analysis of the freestanding reinforced concrete block wall based on the geotechnical recommendations and civil layout. The footing configuration will be tailored to site ' conditions with provisions for descending or level slopes and possible retention to maximize constructability and minimize installation cost. These configurations may include reinforced concrete spread footings, trench footings, or grade beam on caissons. The Structural analysis will be performed using standard structural design procedures for external stability and overall structural integrity. VA will use load resistance factor design methods to determine slab thickness and reinforcement for the reinforced concrete and masonry construction, Applied loads will include self weight, earth pressure, adjacent traffic surcharge and controlling seismic or wind loads. Design and construction criteria will be in accordance with the latest editions of the California Building Code, FHWA Bridge Design Specifications, and ACI 318. If there is no retention required, Caltrans Standard Plans 815 -1 thru B15 -6 for soundwalls can also be utilized for the Project. 4- Prepare Plans Specifications and Cost Estimates (PS &E) The privacy wall plan set will include a title sheet with general notes, material specifications, and design data, two detail sheets with construction notes, quantities, architectural details, and wall structural details, and two (2) wall plan and profile view sheets at a scale of T" =20'. The plans will identify wall horizontal locations, pilaster locations, with top of privacy wall and top of footing elevations on profiles as necessary. VA will submit the wall improvement plans and supporting structural calculations to the City for review and approval. Project specifications and bid documents will be prepared for each item of work included in the project based on City supplied "boilerplate" based on the latest edition of the Standard Specifications for Public Works Construction (Greenbook). Quantities and an engineer's opinion of probable construction cost will be prepared for all the contract bid items with back -up quantities and unit costs. The project specifications and cost estimate will be submitted in both hardcopyand electronic formats. ■I 5- Prepare Record Drawings (As- Builts �i VA will prepare "as- built" plans based upon redlines provided by the City inspectors and the contractor. Electronic Submittal of Project Drawing Files will be provided on CD disk. / CITY OF SANTA ANA p 1NEERING SERVICES CONI,:;M; 25M-447 U) U- 0 N U) ui 2 w CO 0 z E ui LU Z uj C) 0 25M-448 ro E �3 E E Lu E4 w C L 0 N 0 0 U) > 06 .6 E U) LL LL LL LL w N N m m M Ln 0 N t0 0 -a- w 0 a 0 m m 0 0 0 L2 2- 0. x Lu x Lu 25M-448 ro E �3 E E Lu w C L 0 N 0 0 U) > 06 .6 E U) 25M-448 ro E �3 I D j 0 25M -449 VPx CONSULTING V�CIAVL Sample Task Order (Excel Spreadsheet) CONSULTING Description of Consultant Hours Hourly Rate Deliverables, Test or Services Project Kick- offlMeetings Principal Engineer 2 $ 175 $ Registered Engineer 4 $ 140 $ Project Manager /Proj Coordinator 4 $ 150 $ Assistant Level Design Engineer $ 100 Survey Three person survey crew* Two person survey crew* 20 $ 158 $ Survey Crew* ([not Field /Office, Avg Rate) Geotechnical & Soils Report Materials Testing* $ Geotechnical Engineer (Licensed) 6 $ 150 $ Assistant Geotechnical Engineer 20 $ 100 $ Admin/Typist 2 $ 70 $ Privacy Wall Design /CADD Plans Principal Engineer 2 $ 175 $ Registered Engineer 32 $ 140 $ Project Manager /Proj Coordinator 8 $ 150 $ Assistant Level Design Engineer 32 $ 100 $ CADD person 16 $ 80 $ Adm in/Typist $ Specifications Principal Engineer 1 $ 175 $ Registered Engineer 12 $ 140 $ 25M -450 Total 350 560 600 3,160 2,500 900 2,000 140 350 4,480 1,200 3,200 1,280 175 1,680 X. A CONSULTING Project Manager /Proj Coordinator 2 $ 150 $ 300 Assistant Level Design Engineer $ Draftsperson $ - Adminfrypist 2 $ 70 $ 140 Engineer's Estimate Principal Engineer 1 $ 175 $ 175 Registered Engineer 2 $ 140 $ 280 Project Manager /Proj Coordinator 2 $ 150 $ 300 Assistant Level Design Engineer 6 $ 100 $ 600 Draftsperson 6 $ 80 $ - Admin/Typist $ - As -Built Plans Principal Engineer $ 175 $ Registered Engineer 2 $ 140 $ 280 Project Manager /Proj Coordinator 2 $ 150 $ 300 Assistant Level Design Engineer 4 $ 100 $ 400 Draftsperson 6 $ 80 $ 480 Admin/Typlst $ - Total 180 $ 2,868 $ 25,830 `Some positions /work tasks will be subject to prevailing wages. Note: The listing of the specific positions above is not intended to mean that each position listed will necessarily have hours included in the above. The positions simply represent the types of positions that might be utilized for each subtask to streamline the City's review of this information. Pease utilize the categories listed to the extent possible. 25M -451 VA CONSULTING, INC v�ENGINEERS• PLANNERS - SURVEYORS 46 Discovery, Suite 250 Irvine, CA 92618 Phone (949) 474 -1400 Fax (949) 261 -8482 CONSULTING EXHIBIT "A" 2015 FEE SCHEDULE Staff Classification Civil Engineering and Planning Services Hourly Rate President.......................................................................................... ............................... $200 Division President /Division Manager ................................................ ............................... $175 Sr. Vice President/Vice President/ Exec. Director ............................ ............................... $165 Director............................................................................................ ............................... $163 Senior Project Manager ................................................................... ............................... $160 ProjectManager ............................................................................... ............................... $150 Assistant Project Manager ............................................................... ............................... $145 Senior Project Engineer /Senior Design Supervisor /Senior Planner .. ............................... $140 Project Engineer /Design Supervisor ................................................. ............................... $135 Senior Design Engineer /Senior Designer ......................................... ............................... $125 Design Engineer / Planner ...................................... ............................... ...........................$120 Designer.......................................................................................... ............................... $110 Assistant Engineer /Assistant Planner ............................................... ............................... $100 Research and Processing Coordinator ............................................. ............................... $ 95 Senior CADD Technician ................................................................. ............................... $ 90 JuniorEngineer ................................................................................. ..............................$ 85 CADDTechnician ............................................................................ ............................... $ 80 EngineeringIntern ............................................................................. ..............................$ 70 Office Support / Clerical ...................................................................... ..............................$ 70 Field Survey and Mapping Services Director of Survey and Mapping ....................................................... ............................... $163 Managerof Field Survey ...................................................................... ............................... $130 Survey and Mapping Associate ............................................................ ............................... $100 Survey and Mapping Technician ............................................................ ..............................$ 80 3 -Man GPS Crew ................................................................................. ............................... $250 2 -Man GPS Crew ................................................................................. ............................... $215 1 -Man GPS Crew ................................................................................. ............................... $175 Notes: 1. Invoices will be prepared for all services through the end of each calendar month. Invoices are due and payable upon presentation. 2. Overtime, when requested by the client, will be surcharged at a rate of 135% of the standard hourly rates. Sundays and holidays will be surcharged at a rate of 170% of the standard hourly rates. 3. Reprographics, messenger service, travel (including lodging and meals), and other direct expenses will be charged at cost plus 10 %. The services of outside consultants will be charged at cost plus 15% to cover administration and overhead. 4. In -house reprographics charges: B &W Bond copies $0.66 /sq.ft, Color Bond $6.00 /sq.ft. 5. Mileage will be billed at standard mileage rates set by IRS. 2015 rates currently listed at $0.575 per mile. 25M -452 CHAMBERS CROUP EQUIPMENT /OTHER DIRECT COSTS /OVERTIME POLICY OTHER DIRECT COSTS Copies - Internal UNIT per page UNIT COST $0.15 Color Copies 8 "X11" per page $1.00 Color Copies 8 "X17" per page $2.00 GIS Machine & license per hour $15.00 GIS Materials actual Rental Field vehicle 4WD per day $80.00 Field Vehicle Use: Off Road 4WD per day $65.00 Field Vehicle Use: On Road 2WD per day $45.00 Mileage per mile Fed Rate GPS — Real time, Trimble per day $60.00 CD -ROM's per CD $2.00 Mail /Delivery* actual Field Phone per day $2.00 Outside Printing* actual All Other Outside Services* actual Bio Survey /Monitoring Equipment per day $6.00 Bio Survey /JD /Restoration Equipment per day $8.00 Bio Fish Survey Equipment per day $15.00 Focused Plant Survey Equipment per day $10.00 Cultural Survey Equipment per day $6.00 Cultural Site Recording per day $8.00 Cultural Testing /Excavation per day $14.00 Cultural Monitoring Equipment per day $10.00 iGage per day $15.00 Sonabat per day $46.00 Electrofisher per day $200.00 • * = plus 15% handling fee • () California Natural Diversity Database • (2) California Natural Plant Society Electronic Inventory Database • All outside services and rentals etc. carry a 15% markup Equipment Rate sheet available upon request. OVERTIME All nonexempt employees who work more than 8 hours in one workday or more than 40 hours in one work week will receive overtime pay as follows: 1. Overtime compensated at the rate of 1.5 times the employee's regular hourly rate of pay will be provided for all hours worked on excess of 40 in one work week, for the first 4 hours in excess of 8 in any one workday, and for the first 8 hours on the seventh day in one workweek; and 2. Overtime compensated at the rate of two times the employee's regular hourly rate of pay will be provided for all hours worked in excess of 12 in one workday and for all hours worked in excess of 8 on the seventh day of work in one workweek. All overtime will be computed on actual minutes worked, adjusted to the nearest increment of 15 minutes. 25M -453 HOURLY RATES Title CHAMBERS <'lt GROUP FEE SCHEDULE January 1, 2015 Senior Director $210 Director /Program Manager $190 Sr. Project Manager $150 Project Manager /Sr. Project Specialist $128 Managing Biologist/Botanist $175 Senior Biologist/Botanist $139 Project Biologist /Botanist $118 Staff Biologist/Botanist $105 Biologist/Botanist $95 Asst. Biologist/Botanist $85 Managing Cultural Resources Spec $145 Senior Cultural Resources Spec $120 Project Cultural Resources Spec. $108 Staff Cultural Resources Spec $95 Cultural Resources Spec $82 Asst. Cultural Resources Spec $67 Managing Environmental Planner $175 Senior Environmental Planner $139 Project Environmental Planner $118 Staff Environmental Planner $105 Environmental Planner $95 Asst. Environmental Planner $85 Managing Air /Noise Specialist $175 Senior Air /Noise Specialist $139 Project Air /Noise Specialist $118 Staff Air /Noise Specialist $105 Air /Noise Specialist $95 Asst. Air /Noise Specialist $85 Senior GIS Analyst $134 Staff GIS Analyst $109 GIS Technician $92 Project Controls Specialist ** $85 Technical Editor /Project Asst ** $79 Word Processor ** $68 Clerical ** $56 25M -454 DAHL, TAYLOR & ASSOCIATES, INC. CONSULTING ENGINEERS MECHANICAL, ELECTRICAL and STRUCTURAL ENGINEERING SERVICES FEESCHEDULE 1. Classification Hourly Rate Principal Engineer $206.00 Senior Structural Engineer $197.00 Structural Engineer $178.00 Senior Meclianical/Electrical Engineer $176.00 Mechanical /Electrical Engineer $148.00 Senior Designer $115.00 CAD Designer $89.00 Technical Typist $71.00 2. Automobile Expenses: Mileage expense as allowed by IRS thereafter. Automobile Rental, Fuel Cost, Toll Fees, Parking Fees, and Air Fare shall be at Cost. 3. Per Diem Expenses at Cost. 4. Blue Printing and Reproductions at Cost Plus 5 %. 5. Consultant at Cost Plus 5 %. 6. Special Instrumentation, Outside Tests and Reports at Cost Plus 5 %. 7. Terms of Payment -- Net 30 Days; Interest Rate = 1-1/2% Effective January 1, 2015 -December 31, 2015 HEADQUARTERS: 2960 DAIMLER STREET, SANTA ANA, CA 92705D (949) 2548016 0 FAX (949) 502-0777 SANTA ANA 0 SAN DIEGO WWW.DAHLT25.M Q%1�sLTAYLOR.COM Z N U V I S HOURLY RATES: Professional services (including portal to portal domestic travel time) performed on an hourly basis will be billed at the following personnel rates. Corporate Principal $200.00 /hour Principal 172.00 /hour Senior Associate 155.00 /hour Associate 140.00 /hour CADD Technician I 130.00 /hour CADD Technician II 120.00 /hour Administrative 85.00 /hour DIRECT PROJECT EXPENSES: Direct Project Expenses (DPE) shall be billed to the CLIENT in addition to fees for professional scope of services at the multiplier of 1.15% of actual cost. They include, but may not be limited to, production 'materials' or expenditures on behalf of the project, including: computer related expenses (ie: plotting and digital transfer items); domestic courier delivery service and postage/ shipping/ overnight delivery; facsimile (outgoing); photography and related supplies; applicable travel expenses (including mileage at the current IRS rate); in -house printing /reproduction; special insurance coverage; and subconsultants not retained by the CLIENT. 3151 Airway Avenue, J3 I Costa Mesa, CA 92626 1 714.754.7311 1 nuvis -cm onuvisnet I www.nuvis.net I CAI 226, Nv396, At31507 25M -456 STANDARD SCHEDULE OF FEES Professional Services Staff Engineers, Geologist Project Engineers, Geologists Senior Engineers, Geologists Associate Engineers, Geologists Principal Engineers, Geologists Expert Witness Technical Services Clerical Word Processing, Technical Text Editing CADD Engineering Technician (Field and Laboratory) Senior Engineering Technician (Field and Laboratory) Minimum Field Services Fee Field Service Calls $95 /hour $115/hour $135/hour $145/hour $175/hour $260/hour $55/hour $55/hour $65/hour $65 /hour (non - prevailing wage) $95 /hour (prevailing wage) $73 /hour (non - prevailing wage) $95 /hour (prevailing wage) 4 -hour minimum fee Travel Travel time will be charged at our regular hourly rate, not to exceed 2 hours per day for sites within 60 miles from our office. Mileage will be charged at a rate of $0.65 per mile. Mileage will not be charged when field truck is used and charged. Overnight stay per diem will be charged $135 per day. Equipment Field Truck and Field Test (Nuclear Gage) Equipment $12/hour (max $90 /day) Field Truck $9/hour (max $70 /day) Vibration & Environmental Monitoring Equipment Separate Schedule Outside Services Rental of special equipment not ordinarily furnished by Hushmand Associates, Inc. and all other costs such as labor, special printing, expendable field supplies, etc. Cost + 15% Terms Billings are payable upon presentation and are past due 30 days from the invoice date. A finance charge of 1.5 percent per month, or the maximum amount allowed by law, will be charged on past -due accounts. 25M -457 r�r LABORATORY SCHEDULE OF FEES Item Type of Test Test Method Unit Price I. INDEX PROPERTIES 1.1 Visual Classification ASTM D 2488 $10.00 1.2 Moisture Content ASTM D 2216 $14.00 1.3 Moisture Content & Density (ASTM D 2937) a) Shelby Tube Sample $35.00 b Other Samples $20.00 1.4 Particle -Size Analysis of Soils (ASTM D422) a Sieve Only $70.00 b Sieve and Hydrometer $140.00 1.5 Percent Passing # 200 Sieve (ASTM D 1140) $55.00 1.6 Atterberg Limits (ASTM D 4318) a) Multi Points $120.00 b) One Point $60.00 c) Non Plastic $32.00 1.7 Specific Gravity ASTM D 854 $70.00 1.9 Sand Equivalent ASTM D 2419 $85.00 1.10 Ex anion Index ASTM D 4829 $130.00 IL SOIL CHEMISTRY 2.1 Soil PH (CTM 643 $40.00 2.2 Electrical Resistivity CTM 643 $85.00 2.3 Sulfate Content (CTM 417 $60.00 2.4 Chloride Content (CTM 422 ) $60.00 2.5 Organic Content ASTM D2974 $60.00 2.6 Soil Corrosivity Package (pH, Electrical Resistivity, Sulfate content, & Chloride Content ) $200.00 III. COMPACTION 3.1 Standard Proctor Compaction (ASTM D 698) a) 4" Mold $145.00 b) 6" Mold $170.00 3.2 Modified Proctor Compaction (ASTM D 1557) a 4" Mold $165.00 b) 6" Mold $195.00 IV. STRENGTH TESTS 4.1 R Value (CTM 301 $250.00 4.2 Unconfined Compression (ASTM D 2166) $80.00 Sample Remoldin or Unconfined Compression $45.00 4.3 Direct Shear, per point a Unconsolidated Test $53.00 b Consolidated Q Test $70.00 c Consolidated, Drained ASTM D 3080 $85.00 d Residual - per point $58.00 Sam le Remoldin for Direct Shear $48.00 4.4 Triaxial, per point (ASTM D 4767) Consolidated, Undrained $330.00 Sample Remolding for Triaxial $60.00 25M -458 Page 2 LABORATORY SCHEDULE OF FEES (continued) V. CONSOLIDATION 5.1 Consolidation (ASTM D 2435) a Up to 10 load /unload increments, one time reading $200.00 b Each additional time reading $60.00 o Each additional load increment $35.00 Sample Remoldin or Consolidation $45.00 5.2 Collapse Potential (ASTM D 5333) $110.00 Sam le Remolding or Collapse Potential $48.00 5.3 Swell or Settlement Potential (ASTM D 4546) $105.00 Sample Remoldin for Swell or Settlement Potential $48.00 VI. PERMEABILITY 6.1 Constant Head (ASTM D 2434) $175.00 Sam le Remoldin for Constant Head $55.00 6.2 Flexible Wall (ASTM D 5084) $220.00 Sample Remoldine, or Flexible Wall $55.00 Notes: I. Samples will be stored for 3 months. Prior notification is required if samples need to be stored for a longer period of time. A monthly storage fee of $4 /bag and $1 /sleeve will be applied. Prices shown above are based on the assumption that all soil samples are "clean" and that the turnaround time of results is standard (1 to 2 weeks). 2. Payment for services is due upon presentation. If not paid within 30 days of the invoice date, they will be considered past due and a carrying charge of 1.5% per month (or the maximum rate allowed by law) will be added to the unpaid balance. Any Attorney's fees or other costs incurred in collecting any delinquent accounts will be added to the amounts due and shall be paid by the party invoiced. 25M -459 EXHIBIT C CERTIFICATIONS C -1 through C -3 25M -460 25M -461 I J, 0 - - APPENDIX ATTACHMENT 3 -1: NON- COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO.: 14 -037B 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 hi 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 share 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 certi4pr to criminal prosycution., Signed State of CalifQrnia County of _Oranges Subscribed and Notary Public Signature -- 4or--affi—nned) before me on this 18th day o 2015 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, s �+��h ej A_1 _ -1 L Notary Public Seal 25M -462 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 tAee Attached Document (Notary to cross out lines 1 -6 below) Q See Statement Below (Lines 1 -6 to be completed only by document signer(s], not Notary) Brgnature -of Doet3ment�igne+ -Ne: 7 Signature -ofDOCUment3igrrerido -2-(if -any} A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of r� VERA AUGUSTA KLAIOH Commission # 2015205 Notary Public California z Orange dearly g 4 Comm 5 Ires NIN 26 2017 Subscribed and swer+ to (or affirmed) before me on this ) &� day of -- >J �, 20 )`J by Date Month Year (1) -2-1) r) h v-n ( ad 6- ( -1 e, G -4 Names) of Signer(s) proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature) _ Signature o otary Public r Seat 11 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or I fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: ____ Signer(s) Other Than Named Above: 02014 National Notary Association • www.NationalNotary,org - 1- 800 -US NOTARY (1 -8Q0- 878 -8827) Item H5$10 25M -463 lJ t, I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO.; 14 -037B The prospective participant certifies, by signing and submitbrg this bid or proposal, to the best of his or her lanowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of die 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 finds other than federal appropriated Rinds 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 f contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure ■ of Lobbying Activities ". L 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 maldng 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 (hall $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Sign( Title Date 25M -464 APPENDIX ATTACHMENT 3 -3: NON- 'DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO.: 14 -037B The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: I 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. ( 5. The Consultant shall famish all infennation and reports required by Executive Order 11246 of September { 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for Epurposes of investigation, to ascertain compliance with such riles, regulations, and orders. 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rile, regulations, or order of the Secretary of Labor, or as. otherwise provided by law. 7. The Consultant shall include the portion,of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, 25M -465 I regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8, pursuant to California Labor Code Section 1735, as added by Chapter 643 Stars. 1939, and as amended, 1 No discrimination shall be made in the employment of persons upon public works because of race, religious 11 creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided, in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed; Title; Division President Firm: VA Consulting, Inc. Date: June 18, 2015 25M -466 EXHIBIT D ADDITIONAL PROVISIONS The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • Request for Qualificatons (RFQ) — RFQ No. 14 -037 • Statement of Qualifications (SOQ) — In response to RFQ No. 14 -037 • Request for Proposal (RFP) — RFP No. 14 -037B • Proposal — In response to RFP No. 14 -037B 25M -467 25M -468 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 5th day of August, 2015 by and between KPFF Consulting Engineering, (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 A. The City desires to retain a consultant having special skill and knowledge in the field of: On -Call Engineering Services to provide engineering services on an as- needed basis. Engineering services may include but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land/property surveying, structural, storm drain, water or sewer line - related engineering, architecture and landscaping design services and grant writing services. Environmental and /or planning support services may also be requested. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project /task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this, the City may choose which consultant to assign the project/task to pursuant to this Agreement. 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 those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). b. Payment by City shall be made within 45 days (forty -five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Exhibit 11 25M -469 Page I 1 C. Invoices should be submitted on the 15'h of each month and shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and /or Task Order number and/or name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available 3. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one -year renewal options exercisable 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 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. 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. 25M -470 Page i 2 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) narne the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25M -471 Page 13 (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. 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 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 "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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. 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. Page 14 25M -472 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) is independently developed by the Consultant without reference to information disclosed by the City. IL 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 in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax: 714 -647 -6956 With courtesy copies to: Fred Mousavipour, Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714 -647 -5635 25M -473 Sonia R. Carval'ho, City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714 -647 -6515 Page 15 To Consultant: Ali Khamsi, PE Principal KPFF Consulting Engineering 18400 Von Karman Ave., Suite 600 Irvine, CA 92612 Fax: 949 - 252 -8082 A party may change its address by giving notice in writing to the other parry. 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered mill and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written Page 16 25M -474 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. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 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. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by Page l7 25M -475 reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney #,ivtat I C 'af City Attorne RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency 25M -476 CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: (name) (title) Tax ID# Page 18 EXHIBIT A SCOPE OF SERVICES 25M -477 1041111 DIN SCOPE OF SERVICES CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES I. DESCRIPTION OF WORK The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an on -call, as- needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, storm drain, water or sewer line - related engineering, architecture and landscaping design services and grant writing services. Environmental and /or planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection or occasionally request mechanical, electrical and/or structural services. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. The types of work efforts may include: Underground utility design /modifications; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and /or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, building or facility work, other broader studies, and other related projects as required. A more detailed Scope of Work will be provided when /if a specific project or Task Order proposal is requested of a consultant. Funding sources will not include any state or federal funding. Projects for each project/task order shall generally include local funds. Each project /task order assignment shall comply with any and all agency funding requirements. The Sample Task Order was submitted with the proposal inclusive of the hours, hourly rate and totals in Attachment C for the qualifications and value -based RFP . Note, state prevailing wage requirements shall apply to work as required, and including but not limited to, survey and materials testing work, and per the below link: http://www.dir.ca.gov/public-works/publieworks.html ) Consultants and subconsultants completing any element of or type of work within projects /task orders that is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1., shall inform themselves fully of conditions relating to construction and labor law under which any work will be performed. Any consulting contract entered into pursuant to this notice shall incorporate the provisions of the California State Labor Code wherever they may apply and all fees shall be inclusive of or exceed these requirements. City of Santa Ana Scope of Work Page 1 25M -478 The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and /or sub - consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall 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 stab- consultants shall not exceed 10 %. II. PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS &E ") for various projects on an as- needed basis. However, work tasks may include studies or a variety of engineering or other tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and /or Task Order. Specific Task Orders with Notices to Proceed ( "NTPs ") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible- charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: 1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and /or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared 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 Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Mierostation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and /or specifications accordingly. City of Santa Ana Scope of Work Page 2 25M -479 5. 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 responsible /in- charge of the project. These signed originals shall then become the property of the City. 6. If a part of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre - construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The 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 (in Microstation V8i CADD and pdf formats) of the final as-built drawings via CD or e -mail. S. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and 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 revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required. 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. City of Santa Ana Scope of Work Page 3 25M -480 III. GENERAL REQUIREMENTS 1. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements, where they may also apply despite the focus on local funding. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and any funding agency requirements or audits if requested. Consultant certifies that it shall comply with the following regulations where applicable or others required by State or Federal Law, including, but not limited to the following: 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 /or any other agency from which City received additional 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. City of Santa Ana Scope of Work Page 4 25M -481 b. Infornlation - 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. 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 and the related guidelines that may be more recent. 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 ". f. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub - recipients) 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 Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title It 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. Equal Employment Opportunity - Consultant, and all its contractors (or sub - recipients) 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. Patent - 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. n. Copyright - Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the City reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the above items as deemed necessary for the City's 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 any grants if utilized. The City's rights identified above must be conveyed to the City of Santa Ana Scope of Work Page 5 25M -482 publisher and the language of the publisher's release form must ensure the preservation of these rights. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders City of Santa Ana Scope of Work Page 6 25M -483 ATTACHMENT C Sample Task Order CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES As part of their proposal in response to RFP 14 -0378, the Consultant provided a Sample Task Order scope of work. This Sample Task Order included the following to provide a privacy wall design, minimum level of geotechnical /soils report, survey work, plans, specifications, and estimates: 1. Hours by staffing level & category (provided in the Excel Spreadsheet* provided), 2. Total Fee (in the Excel Spreadsheet provided), 3. Most responsive schedule deemed feasible, 4. As part of this Sample Task Order, a narrative scope of work was also provided with the following subtasks: o Project Kick - off /Meetings o Survey o Geotechnical Materials Testing & Soils Report o Privacy Wall Design Plans o Specifications o Engineer's Estimate o As -Built Plans The sample wall length was for an 800 LF for a privacy wall height varying from 10 -16 feet of exposed height where private property (homes) would abut the one side of the wall and public right -of -way would abut the other side of the wall. In a separate one -page narrative scope of work and project approach was provided for all tasks necessary to provide this privacy wall Sample PS &E Task Order project. Any additional standard plans proposed to be used for this design or other approaches necessary to address the parameters indicated herein were also included. For the plan and profile sheets, inclusive of any detail sheets /notes and the scale shall be at 20 -scale and conform to all requirements detailed in this RFP, the City's Standard plans and /or other recommended standard plans that the consultant may recommend. *Note: Prevailing wages may apply to this work City of Santa Ana Scope of Work Page 7 25M -484 EXHIBIT B FEE PROPOSAL, including hourly rates (from separately sealed envelope included with Consultant Proposal) Attachment C Information 25M -485 Fee Proposal for Engineering Services City of Santa Ana On -Call Engineering Services - Part B RFP N0." 14 -037B Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 June 18, 2015 18400 Von Karmon Ave .Suite 600 Irvine, CA 92612 949252.7022 kpff.com lqjff Fee Proposal We are proposing on individual task orders with scope of services defined, necessary consultants and hourly estimates for each task order based on the hourly rates attached. KPFF CONSULTING ENGINEERS IRVINE CIVIL HOURLY RATE SCHEDULE 2095 PRINCIPAL -IN- CHARGE SENIOR CIVIL ENGINEER.. PROJECT MANAGER PROJECT ENGINEER......... DESIGN ENGINEER ......................... CHIEF CAD DESIGNER .................... CAD OPERATOR /DESIGNER........... ADMINISTRATIVE /SECRETARY ..... ..................... $195.00 ..................... $175.00 ..................... $160.00 ..................... $130.00 ..................... $115.00 ..................... $145.00 ..................... $110.00 ....................... $85.00 Note: Hourly rates will be updated on an annual basis throughout the duration of the project, and services will be billed at the hourly rates in place at the time the service is provided. 25M -487 Monica M. Suter, PE, TE, PTOE, City of Santa Ana On -Call Engineering Services, Part B RFP no. 14 -037B Proposal for Civil Engineering Services KPFF Job #314072.00 June 16, 2015 Page 2 FUNDAMENT & ASSOCIATES, INC. HOURLY RATE SCHEDULE 2015 Principal Engineer ........ Senior Engineer (P.E. or LEED Certified) Project Engineer Project Designer CADD Designer............ Clerical / Administrative ................ $195.00/1-113 ................ $165.00/HR ................ $145.00/HR ................ $125.00/HR ................ $105.00 /HR ..................... $65.00 /HR 25M -488 Monica M. Suter, PE, TE, PTOE, City of Santa Ana On -Call Engineering Services, Part B RFP no. 14 -037B Proposal for Civil Engineering Services KPFF Job #314072.00 June 16, 2015 Page 3 transpogroup WHATTRAN&IXORrAIION OWN BE, TRANSPO BILLING RATE RANGE SCHEDULE EFFECTIVE JUNE 28, 2014 THROUGH JUNE 26, 2015 25M -489 E9'nerfPlaerIG�5t4ceveu.: f9 , EngineertPlannerlAnaly^stlProj Adrn Level 6 $165 $210 rne.d "'� ;"�"'���aa 1.titi �a"vS%`� �ax �'FRfl1nH�rff�17tF1Br�h�f�sil$^st � Engineer lPlannerlAnalysVProjAdrn- Level 4 $110 $145 e��F��S W � � '•• �TF+, ., aro. nan,awdn �, x`kn' ai3a a�Aa�s4�'�w ����� Cw >'. EnglneerlPlannerlAnalystlProj Aunt - Level 2 $70 $110 'TV ma 00a M a1,3ryrX' .. Y 30 . F 25M -489 Monica M. Suter, PE, TE, PTOE, City of Santa Ana On-Call Engineering Services, Part B RFP no. 14-0378 Proposal for Civil Engineering Services KPFF Job #314072.00 June 16, 2015 Page 4 6_�C_ A VE AR T FT a a M92MIZchellSouth, SaltellO, Wme, CA 92614 p � 949,756.0150 t 949.756,1635 LYNN CAPOUYA, INC. HOURLY RATE SCHEDULE EFFECTIVE THROUGH 2018 Principal in Charge .............................................. . ........ $280 Senior Project Manager ........................... ... .. . .. ...... I ... $195 Project Manager ......................................... ................... $176 Project Designer/Landscape Arch . ...................................... $139 Certified Irrigation Designer ...................................... ........ $135 JobCaptain ............................................... .............. ...... $110 Design Staff .............. .................. ......................... ........ $105 Administration ................................................................... $85 25M-490 Monica M. Suter, PE, TE, PTOE, City of Santa Ana On -Call Engineering Services, Part B RFP no. 14 -037B Proposal for Civil Engineering Services KPFF Job #314072.00 June 16, 2015 Page 5 COAST SURVEYING, INC. PERFORMED BY OUR COMPANY 0 Project Management $106.00 Project Surveyor 160.00 Survey Technician 124,00 lericat and [Delivery Service 70.00 2 Person Survey Party w/Equipment e 3 Person Survey Party w/ Equipment 372,00 CPS Receivers (minimum of three) 100,00fdayireceiver Monuments, prints, photocopies, research materials, and other incidental or special supplies. 25M -491 Monica M. Suter, PE, TE, PTOE, City of Santa Ana On -Call Engineering Services, Part B RFP no. 14 -0378 Proposal for Civil Engineering Services KPFF Job #314072.00 June 18, 2016 Page 6 GEOTECHNICALAN'D (MOLOGICAL SCHEDULE OF CHARGES C10AIR£NSA"noiw Our cornpensatlon will be determined on the basis of One and expenses In accordance with the Poll Alln,g sdbeduto nrtlass a fixed fee amount Is so indicated in the proposal or services. agreement. Conu'acted professional and technical services will be charged at the applicable hourly rates as listed boloyr. Staff time spent to depositions, trial preparation, and vullrt or hearing tcsl'amonyuvill be billed at 1,5 to 2 times the below rates. Time spent in eblhe'a local or Enter-city travel, when travel is In the Interest of this contract, will be charged in accordance whit the'roregoing schedule; when traveling by Public carrier, a maximum charge or eight hours per daywill be made, Curren[ rates are as foliaws: PersonnelHourlyf4ate Personnel Support Staff $ 70 Los Angeles Deputy Grading Inspector Project Assistant $ 82 Techltltal Specialist I Senior Project Assistant $ as Technical Spedallst II 'fechnielan 1 $ 75 Senior 'tor[nical5peclxhsa 'Technician 11 $ 86 Pr•o)ect manager I . Senior Technician $ 92 Project manager fl . CAD $ 92 Senior Project Manager Staff I - S 96 Associate Staff 11 $ 110 Senior Assodma Staff 111 $121 Principal Equipment Air compressor. gonetatOr (per day) Cement amending field tool Cement scale and pan (per day) Core drill (per day) Crass-hole sonic logger (CSQ (per day) lalgltal Comore (per day) [Frilled sbaltinspection camera(OSIQ (per day, inaxim[un 51,785 Iron week} Field Callfurnia bemiring ratio ION equipment [per day) falling 'wcight dellectame[mr OPWD) (per day) FaIling wel,ght defleaGsmeter t `WV) With CPR fl er dayy Global poslttoninp system (CPS) - dlfferentlal (per day) Global positioning system (GP5) - hand -held (per day) Ground penetrating radar (13PR) - band,pushed (per day) • Ground penetrating radar (GPR) - truck- inounted timer day) Hand auger (per day) Flydroacovstic Mot }haring Equipment. (per day) - Nuclear density gauge equlprnent (per hour) Pile driving anali WDA) (per day) Pile liategrity tester iper day) • Resistivity motor (per day) . Slope Inclinometer equipment [furcasing) Soil aanlplas in brass or stainless sleeves (per sample) Stull samples in rings (persample) • Specially software IJMO nFLt)W, PLMIS, Slope/65r, etc., per hour) Total'. Station - Survey l:qulpinent (per hour„ maximum 3400 per day) Will& toompany) usage (full day plus $0.63 per inile charge) Ve'hido ipersanai) Llsage (per Milo) Vibrating wire pieznineter Vibration monitoring equipment (per day, inax €mum $265 perweek) Hourly Mate $ 97 $131 $145 519d $140 $149 $159 $174 $185 $203 Rate S 53 S 21 5 76 $ 210 $ 473 $ 69 $ 945 $ 131 11,780 $ 3,040 $ 100 S 3'0 $ 525 S I ,260 $ 37 S 263 $ 11 $ 52S $ 210 $ 105 5 79 $ 11 $ 11 $11.53 $ 53 $ 21 $ 0.63 $ 525 $ 55 Roproducllon Black/'Whito Color a% x l I(perilalshed page) 'S033 $ 117 11xII (per fheishedpmge) $013g S 1.58 G or d•size plats (black /while avid color • per finished plot) $25.25 V -size scan $12.60 OTHER SERVICES, SUPPLIES, AND SPECIAL TAXES Outside servlcas (equlprrienP, supplies, and facilities not furnished to accordance w th the above s- claedule, and any unusual itcons of expense not customarily incurred in our normal operations) are charged at cost plus 12 percent. This Includes shipping tbargus, subsistence, unulsporratian, printing and supplies and renrais, surveyyng services, drilling equipment, construction equipment, watercraft, aircraft, and special Insurance that may ice reclulmd, Speclahzed equipment wRl he quoted an a per-job basis, in -house disposable field supplies (routinely used field supplies stocked rn�house by GaoGasrgn) at current rates, List avaifabo upon request. Taxes rag[arad by local Jurisdictions for projects in specific geographic areas will 'be charged to larojects at direct cost. All rates are subject to charge upon noilflcafion. 25M -492 °!J The privacy wall project will initiate with a meeting with the City of Santa Ana and all required consultants during which the project scope of services, schedule and fees will be established. Once the project scope and fees are confirmed and the team is authorized to proceed, a kick -off meeting will be scheduled in order to bring the design team together to review the scope of services, project approach and schedule with the City for verification of project goals and expectations and to establish any milestone submittal or review deadlines. Determination of any public outreach needs will be established. Survey of the project site and geotechnicai field work will be scheduled and executed while a search for any available existing documents for utilities and public right -of -way improvements will be conducted. Site visits for consultants to review the existing site conditions will be scheduled. Appendix the foundation design parameters. The survey information will provide information Sample Task Order Narrative We understand the sample task order to be an 800 LF privacy wall height varying from 10 -16 feet of exposed height where private property (homes) abut the one side of the wall and public right -of -way abuts the other side of the wall. Based on this description, it is assumed that there is no need for lighting or power, landscaping, or disciplines other than outlined below. The privacy wall project will initiate with a meeting with the City of Santa Ana and all required consultants during which the project scope of services, schedule and fees will be established. Once the project scope and fees are confirmed and the team is authorized to proceed, a kick -off meeting will be scheduled in order to bring the design team together to review the scope of services, project approach and schedule with the City for verification of project goals and expectations and to establish any milestone submittal or review deadlines. Determination of any public outreach needs will be established. Survey of the project site and geotechnicai field work will be scheduled and executed while a search for any available existing documents for utilities and public right -of -way improvements will be conducted. Site visits for consultants to review the existing site conditions will be scheduled. During the construction, established meetings will be conducted to assist the contractor with any interpretation of the documents, review of construction progress and review of pay applications from the contractor as needed. As -built documentation from the contractor will be incorporated into the construction documents and provided to the City as Record Documents. On -Call Engineering Services — Part B - RFQ no. 14 -0378 25M -493 kPff Foundation design information from the geotechnical engineer's soils report will establish the foundation design parameters. The survey information will provide information needed to establish the top of wall, finish grade and top of footing elevations for the length of the wall. A review of the City Standard Plans for applicability to the project will be conducted and incorporated as appropriate. The structural design of the,privacy wall and foundations will be developed. A drawing package will be developed with general notes, plans, elevations and details for the construction of the wall based on the City CAD standards. Civil drawings establishing wall location, easements, existing utilities, drainage and grading information will be developed, Specifications for the project will be assembled along with the General Conditions from or in conjunction with the City's Supplemental Conditions. An estimate of the construction costs will be developed based on the drawing information and utilizing the City Schedule of Values or a Schedule of Values acceptable to the City. During the construction, established meetings will be conducted to assist the contractor with any interpretation of the documents, review of construction progress and review of pay applications from the contractor as needed. As -built documentation from the contractor will be incorporated into the construction documents and provided to the City as Record Documents. On -Call Engineering Services — Part B - RFQ no. 14 -0378 25M -493 kPff The document package will be provided to the City prior to submission for plan review for confirmation the project goals have been addressed. Documents will be provided to the City for plan review and any comments will be resolved so that the documents can be approved for construction. Assistance with bidding the documents and facilitating a pre - bid meeting with potential contractors will be conducted. Once the bids have been reviewed and evaluated by the City and the contract awarded to the successful contractor, a construction kick -of meeting will be facilitated during which the design team, City and contractor will confirm chain of communication, project revision processes, inspection requirements and as -built documentation. During the construction, established meetings will be conducted to assist the contractor with any interpretation of the documents, review of construction progress and review of pay applications from the contractor as needed. As -built documentation from the contractor will be incorporated into the construction documents and provided to the City as Record Documents. On -Call Engineering Services — Part B - RFQ no. 14 -0378 25M -493 kPff Appendix No 1 1.1 . 2 2.1 2.2 2.3 2.4 Taek' Contract Negotiation Notice to Proceed Kok-off Meeting with the Ctry ReNew of existing record drawings at the City Initiate topographic and existing condition survey .— Initiate geotechnical investigation and report Initiate field investigation and photography stare Date 7!1/2015 7(7/2015 /10/2015 7/10/2015 7/9/2015 7/9120'15 7/11/2015 End pate: 7/6(2015 717/2015 7!12/201.5 711212015 7/23/2015 7!30/2015 7/11(2015 -Be's 4 1 ' 2 10 15 1 -33 5 °la'Pv& Package-; ., 7(2712015 8/14/2015 15 3.1 Prepare 35% PS &E Package 8/1312015 8/14/2015 2 3.2 Prepare notification Utility Letters 1 8/17/2015 1 3.3 Submit 35°/u PS &E Package to the City for Redew 8!1712015 6/24/2015 5 3.4 City's Review of 35% PS &E Package . 4 90 T, &E Paokage -` _ ` - 8/25!2015 8/26!2015 2 4.1 Review City's 35% PS &E comments 8/27/2015 8/2712015 1 4.2 Meet with the City to 1 35% PS &E comments 8(28/2015 9/1 d/2015 �15 4.3 Prepare 90% PS &E Package 9/18/2015 911812015 1 4.4 Submit 90°! PS &E Package to the City for Relieve 5 4.5 City's ReHew of 90% PS &E Package 9/21/2015 9/25(2015 5 1 au /q, PS &E Package' - 9128/2015 9129/2015 2 5.1 Re\iew City's 90% PS &E comments 9/30/2015 9/30/2015 1 5.2 Meet with the City to rebtew 90 % PS &E comments 9/3012015 10114/2015 10 5,2 Prepare 100% PS &E Package 10/14/2015 10/14/2015 1 5.3 Submit100% PS &E Package to the City for Permit 10115/2015 11(12/2015 20 5.4 Approved Plans 6 Prepare Bid Oeeumerits 11116/2015 12111!2015 2 0 6.1 Bid Period 12!14(2015 12/18/2015 5 6.2 6.3 Bid ReNeW Contractor Negotiation and Notice to Proceed 12J21/2015 1/7/2016 14 9 Construction 4afmnisfretion =_d11120t6 3f14k2kHall 40 3/15(2016 3/17/2016 2 7.1 Prepare as -built drawin s On -Call Engineering Services — Part B - RFQ no. 14 -0378 22 25M -494 Sample Task Order (Excel Spreadsheet) Description of Consultant Hours Hourly Rate Total Deliverables, Test or Services Proiect Kick - off /Meetinas Principal Engineer 2 $ 195 $ 390 Project Manager /Prof Coordinator - $ 165 $ - Registered Engineer - $ 130 $ - Assistant Level Design Engineer - $ 115 $ - CADD person - $ 145 $ - Admin/Typist - $ 85 $ - drilling contractor 1 $ $ 390 Survev Two person survey crew* 16 $ 288 $ 4,608 Survey Analyst 16 $ 124 $ 1,984 Project Surveyor 8 $ 160 $ 1,280 Survey Manager 4 $ 188 $ 752 drilling contractor 1 $ 1,400 $ 8,624 Geotechnical & Soils Report Materials Testing* Geotechnical Engineer (Licensed) 3 $ 203 $ 609 Assistant Geotechnical Engineer 10 $ 121 $ 1,210 Admin /Typist 3 $ 88 $ 264 Geotech Lab Testing 1 $ 850 $ 850 drilling contractor 1 $ 1,400 $ 1,400 $ $ 4,333 Privacv Wall DesianlCADD Plans Principal Engineer 2 $ 195 $ 390 Project Manager /Proj Coordinator 4 $ 165 $ 660 Registered Engineer - $ 130 $ - Assistant Level Design Engineer 20 $ 115 $ 2,300 CADD person 28 $ 145 $ 4,060 Admin /Typist - $ 85 $ - $ 7,410 25M -495 Specifications Principal Engineer 1 $ 195 $ 195 Project Manager /Prof Coordinator 4 $ 165 $ 660 Registered Engineer - $ 130 $ - Assistant Level Design Engineer - $ 115 $ - CADD person - $ 145 $ - Admin /Typist 8 $ 85 $ 680 Admin /Typist - $ $ 1,535 Enaineer's Estimate Principal Engineer i $ 195 $ 195 Project Manager /Prof Coordinator 2 $ 165 $ 330 Registered Engineer 4 $ 130 $ 520 Assistant Level Design Engineer $ 115 $ - CADD person $ 145 $ - Admin/Typist 2 $ 85 $ 170 Admin /Typist - $ $ 1,215 As -Built Plans Principal Engineer 1 $ 195 $ 195 Project Manager /Prof Coordinator 2 $ 165 $ 330 Registered Engineer - $ 130 $ - Assistant Level Design Engineer - $ 115 $ - CADD person 4 $ 145 $ 580 Admin /Typist - $ 85 $ - $ 1,105 Total 145 $ 24,612 'Some positions /work tasks will be subject to prevailing wages. Note: The listing of the specific positions above is not intended to mean that each position listed will necessarily have hours included in the above. The positions simply represent the types of positions that might be utilized for each subtask to streamline the City's review of this information. Please utilize the categories listed to the extent possible. 25M -496 EXHIBIT C CERTIFICATIONS C -1 through C -3 25M -497 a APPENDIX ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO.: 14 -037B 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 BIDDERhas 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 certifie,to criminal prosecution. Signed State of California p County of Orange Subscribed and sworn to (or affirmed) before me on this 12 day of Gt , 20 by ! k proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. _ �; $HEt @tdA CHRISTIIVt ..�ndfY COMMIZISlon # 2009113 Notary '".,oiiC • C nde Orange County C Ex rBa Mar 1, 2017 APPENDIX ATTACHMENT 3 -2: NON- LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES - PART B RFP NO.: 14 -037B The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I. 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 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. wm 2. If any fiords 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 ofthis 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 25M -499 T APPENDIX ATTACHMENT 3 -3; NON- DISCRIMINATION CERTIFICATION CERTIFICATIONS 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by riles, to 25M -500 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO,: 14 -037B The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated dinning employment without, regard to their race, color, religion, sex, or national origin. Such action shall include; but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other farms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. I 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the riles, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by riles, to 25M -500 regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United. States enter into such litigation to protect the interests of the.United States. on S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Principal Firm: KPFF Consulting Bn�ineers Date: June 12, 2015 25M -501 EXHIBIT D ADDITIONAL PROVISIONS The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • 'Request for Qualificatons (RFQ) — RFQ No. 14 -037 • Statement of Qualifications (SOQ) —In response to RFQ No. 14 -037 • Request for Proposal (RFP) — RFP No. 14 -037B • Proposal — In response to RFP No. 14 -037B 25M -502