Loading...
HomeMy WebLinkAbout25C - AGMT - ON CALL ENGINEERING SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT WITH RICK ENGINEERING ❑ As Recommended FOR ON -CALL ENGINEERING SERVICES ❑ As Amended ❑ Ordinance on I" Reading (NON - GENERAL FUND) ❑ Ordinance on 2 "d Reading (STRATEGIC PLAN NO. 6, 1G) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGEFiO RECOMMENDED ACTION Authorize the Executive Director of Public Works to terminate the agreement with VA Consulting, Inc., for on -call engineering services in an amount not to exceed $250,000. 2. Authorize the City Manager and Clerk of the Council to execute an on -call engineering services agreement with Rick Engineering for a two -year term beginning February 3, 2016, and expiring February 2, 2018, with provisions for up to two one -year renewal options exercisable by the City Manager and City Attorney, for a total not to exceed $250,000 over the life of the agreement, including any renewal periods, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Staff previously solicited proposals for on -call engineering services to support City staff in the delivery of time- sensitive Capital Improvement Program projects, using a Request for Qualifications (RFQ) and Request for Proposals (RFP) process. As a result of that process, the Council approved ten on -call engineering services agreements on August 4, 2015. Two of the ten on -call agreements were awarded to Stantec Consulting Services ($250,000) and VA Consulting, Inc. (VA Consulting, $250,000). After Council approval, the City was informed that Stantec Consulting Services had purchased VA Consulting. Since Stantec Consulting Services was already awarded a $250,000 on -call contract, and the intent was to award only one contract to each of the firms, it is recommended that the agreement with VA Consulting be terminated (Exhibit 1). It is also recommended that a new agreement be awarded to the next firm on the value -based qualified list of proposals that was established during the RFQ /RFP process. Approval of this recommended action will allow the City to enter into an agreement with Rick Engineering (Exhibit 2), the next firm on the list of qualified proposals. Public Works will continue 25C -1 Agreement with Rick Engineering for On -Call Engineering Services February 2, 2016 Page 2 to use a task -order system to ensure that work is equitably allocated to all on -call engineering consultants. 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 City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT On -call agreements are utilized based on the City's approved Capital Improvement Program budgets. Funding will be verified by Finance & Management Services for each task order for this work during Fiscal Years 2015 -16, 2016 -17, 2017 -18, 2018 -19, and 2019 -20, as needed, prior to issuance of each notice to proceed. The fiscal impact was previously approved by Council on August 4, 2015, when the original ten on -call engineering consulting agreements were authorized for execution. Since the Rick Engineering agreement replaces the one with VA Consulting, there is no additional impact associated with this Council Action. Frpd Mousavipour Executive Director Public Works Agency FM(EWG /MS Exhibits: 1. Draft Letter to VA Consulting 2. Agreement —Rick Engineering APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25C -2 MAYOR Miguel A. Pulido MAYOR PRO TEM Vincent F. Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Rayne Sal Tinajero February 3, 2016 Max P. Vahid, PE President and CEO VA Consulting, hie. 46 Discovery, Suite 250 Irvine, CA 92618 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M -43 Santa Ana, California 92702 (714) 647.5619 www.santa- ane.org CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar ''&n A O d`rg. lQ e Subject: On -Call Engineering Services Agreement & Recent Merger with Stantec Consulting Services Dear Mr. Vahid; We received your letter indicating your company's merger with Stantec Consulting Services. Following receipt of this letter, we contacted you to inquire if VA Consulting, Inc. could continue to exist as a firm for any period of time. We appreciate your quick confirmation that VA Consulting, hie. has already merged with Stantec Consulting Services such that it is no longer possible for the City to conduct business directly with VA Consulting, Inc. for on -call engineering services. The City's intent has been to award only one $250,000 contract with each of the ten on -call engineering services companies. With the merger, VA Consulting has now become Stantec Consulting Services and the City intends to award only the original contract with Stantec Consulting Services. This letter serves as notice that the City is terminating VA Consulting, Inc.'s previously executed agreement for on -call engineering services, effective thirty (30) days following the date of this letter. We appreciate your team's qualifications and responsiveness to the RFQ /RFP processes and look forward to working with Stantec Consulting Services for potential on -call engineering services work. Sincerely, Fred Mousavipour Executive Director Public Works Agency c: Stantec Consulting Services SANTA ANA CITY COUNCIL Miguel A, Pulled Vincent F Sarmiento Michele Martinez Angelica Amezcua P, David Benavides Roman Rayne Sal Tinajero Mayor Mayor Pro Tom, Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 mpulldoAssnta-ana oro ysarnl entonsanta -ana ora mmanlneznsanta` ana or 3amezcua(oTaanta -ana ore dbenayldes(tlisanta- ana.orn neyna(dsenta -mra om snraiercidsanta -ana ore �, ' a 25C -4 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 3rd day of February 2016, by and between Rick 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 2 25C -5 Pagel C. Invoices should be submitted on the 15a' 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 25C -6 Page 12 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. 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. 25C -7 Page 13 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 25^ -8 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 250-9 Page 15 To Consultant: Barry J. Cowan, PE Principal -in- Charge, Contract Manager Rick Engineering Company 2 South Pointe Drive, Suite 275 Lake Forest, CA 92630 Fax: 949 -588 -80709 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 16 25C -10 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 25C -11 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 and vat C of sistant City Attorne RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency 25C -12 CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: (name) (title) Tax ID# EXHIBIT A SCOPE OF SERVICES 25C -13 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. 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 fundine. 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.aov/public-worl,s/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 25C -14 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 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 25C -15 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. 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 25C -16 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 25C -17 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 further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act ". 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 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 25C -18 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 25C -19 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: • Project Kick - off /Meetings • Survey • Geotechnical Materials Testing & Soils Report • Privacy Wall Design Plans • Specifications • Engineer's Estimate • 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 25C -20 EXHIBIT B FEE PROPOSAL, including hourly rates (from separately sealed envelope included with Consultant Proposal) W. Attachment C Information 25C -21 UNDERSTANDING OF NEED SAMPLE TASK ORDER NO. 1 Between City of Santa Ana and Rick Engineering Company (RICK) PROJECT: PRIVACY WALL P.S. &E. GENERAL DESCIPTION OF WORK The work entails the preparation of plans, specifications, and estimates (PS &E) for the construction of a privacy wall on Avenue A between Street A and Street B within the City of Santa Ana for an approximate length of 800 If. The privacy wall height will be between 10' and 16' of exposed height, although we recommend that the exposed height be limited to 15' -6" whereas a standard Caltrans Masonry Block Wall (1315 -1, Trench Footing, and related std. B15 details) can be used, eliminating the need for special structural engineering calculations for a design cost savings. It is anticipated that the screen wall will provide rear -yard screening for thirteen (13) residences whose access is from Street C. Even though the screen wall will be located within the public right of way, it is anticipated that the construction of the screen wall will impact the private properties. SCOPE OF WORK 1. Project Kick -off, Meetings, and Coordination: RICK will prepare Kick -off meeting agenda, attend /manage kick -off meeting and follow up with meeting minutes. We propose to have monthly Project Development Team (PDT) meetings for status and coordination. RICK will prepare agendas and following meeting minutes of each meeting. Minutes will include action items with responsible party and date due. Included is on -going coordination with City project manager and staff, and PDT. Included is initial site reconnaissance. 2. Survey: RICK will provide a topographical survey and right way survey. Survey will include topographical features such as fences, storage sheds, curb, gutter, sidewalks, irrigation facilities, trees, property lines, above grade utility appurtenances. Ground contours will be generated at 1' contour interval for a scale of 1 "20'. It is assumed that the City will provide letters /authorization from property owners for surveyor access to rear yards. 3. Utility Coordination: We will collect utility record drawings from utility companies /agencies, such as City, County, SCE, Gas Company, and telecom companies. A log will be created that tracks utility record contact information, date of request of asbuilts, date of receipt, and project correspondence with utility. The acquired information will be plotted in a Microstation V8 file for incorporation into the base map. At each level of plan submittal listed below, our progress plans set will be provided to the affected utility companies /agencies to keep them abreast of project progress. 4. Base Map: Prepare a base map in Microstation V8 format that includes topographical survey information, right of way, property lines, and found utility information. Base map will include property title information, such as APN numbers, legal description (mapping lot numbers), and address. Base map will be used as the background to the screen wall plans. 5. Geotechnical Materials Testing and Soils Report: A report with proper testing will be performed to check for ground water elevation, soils bearing capacity, etc. to verify that the Caltrans standard screen wall will suffice without any special calculations. Structural calculations, if needed, are not included. Two geotechnical borings are included within the public right of way on the approximate screen wall alignment. 6. Privacy Wall Design Plans: Prepare detailed construction plans for the privacy wall at a scale of 1 " =20' utilizing the City's standard sheet border with appropriate approval signatures, notes, and details. It is anticipated that the plans will include a title sheet, notes, typical section and detail sheet, and two (2) plan and profile sheets. Profile will included top of wall and top of footing profiles. Plan view will depict screen wall horizontal location information, removals, relocations, avoidance, and base map data. We propose to submit plans at the 35 %, 85 %, 100% and final levels of completion. Statement of Qualifications to Provide On -Call En Ineering Services for the City of Santa Ana C -22 7. Legal Descriptions and Plats: Included are legal descriptions and plats for Temporary Construction Easements and contractor access easement for each parcel (13 separate properties included). The temporary construction easement plats and legal descriptions will be utilized by the City for work on the private properties. Our work does not include property owner coordination, negotiation nor acquisition services. Included in this item is the preparation of individual property owner (8 Y" x 12" size) exhibits that show the work to be performed on the private property and the impact to their property, such as fence removals, reconstruction of side yard fencing, storage sheds, shade structures, etc. 8. Specifications: RICK will prepare technical specifications and special provisions as required to supplement the 2012 Edition of the Green Book. It is assumed that the City of Santa Ana will provide a boiler plate specification package as a guideline. The specifications will set forth the method of installation and quality standards for materials and workmanship for the finished product. A Schedule of Bid Items will be prepared consistent with plans. 9. Engineer's Estimate: An Engineer's Estimate will be prepared. The unit prices will be based on unit contractor prices provided by the City for recent projects, the latest Caltrans Construction Cost Data for projects of similar magnitude, and /or other in -house sources we have on record from recent projects. 10. As -Built Plans: As builts will be prepared in the microstation V8 files based on provided contractor mark -ups, known to the engineer of record, RFI's, and construction changes. Deliverable will be mylars of the project plans and an electronic copy of the project plans in microstation V8 following the City of Santa Ana's CAD standards. Statement of Qualifications to Provide On -Call Eng2sic S230s for the City of Santa Ana Rlck Englneering Company Sample Task Order (Excel Spreadsheet) Description of Consultant Hours Hourly Rate Total Deliverables, Test or Services Project Kick - off /Meetings Principal Engineer 24 $ 210 $ 5,040 Registered Engineer 18 $ 170 $ 3,060 Project Manager /Prof Coordinator $ 155 $ - Assistant Level Design Engineer 6 $ 125 $ 750 Task Total 125 $ $ 8,850 Survey Three person survey crew* $ - Two person survey crew* 8 $ 274 $ 2,192 Survey Crew* (Intl Field /Office, Avg Rate) 16 $ 145 $ 2,320 Mapping (base map, plats /legals, 13 ea) 150 $ 155 $ 23,250 Task Total $ 27,762 Geotechnical & Soils Report Materials Testing* 10 $ 5,500 Geotechnical Engineer (Licensed) 2 $ 260 $ 520 Assistant Geotechnical Engineer 20 $ 155 $ 3,100 Admin /Typist 4 $ 80 $ 320 Task Total - $ 9,440 Privacv Wall DesianlCADD Plans Principal Engineer 10 $ 210 $ 2,100 Registered Engineer 24 $ 170 $ 4,080 Project Manager /Proj Coordinator $ 155 $ - Assistant Level Design Engineer 110 $ 125 $ 13,750 CADD person $ 105 $ - Admin /Typist $ 60 $ - Task Total $ 19,930 Specifications Principal Engineer 4 $ 210 $ 840 Registered Engineer 12 $ 170 $ 2,040 25C -24 Project Manager /Proj Coordinator $ 155 $ Assistant Level Design Engineer 16 $ 125 $ 2,000 Draftsperson $ 105 $ - Admin /Typist 12 $ 60 $ 720 Task Total - Assistant Level Design Engineer $ 5,600 Enaineer's Estimate Principal Engineer 1 $ 210 $ 210 Registered Engineer 2 $ 170 $ 340 Project Manager /Proj Coordinator $ 155 $ - Assistant Level Design Engineer 16 $ 125 $ 2,000 Draftsperson $ 105 $ - Admin /Typist $ 60 $ - Task Total $ 2,550 As-Built Plans Principal Engineer 1 $ 210 $ 210 Registered Engineer 2 $ 170 $ 340 Project Manager /Proj Coordinator $ 155 $ - Assistant Level Design Engineer 6 $ 125 $ 750 Draftsperson $ 105 $ - Admin /Typist $ 60 $ Task Total $ 1,300 Total 416 $ 4,369 $ 57,732 *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. 25C -25 W J D r) LLI 2 U Statement of Qualifications to Provide On -Call En sneering Services for the City of Santa Ana 14 25C -26 Y dF dLL Wa'S W �o ry N 0 v o W LU 0 p 9 o o l p 'o Q z O yj o W Y \ m \ \ m ry ;e a E m e S ii D a° F_a E E o a E c E E _ w V N 'a a E r o 'v '$ E v 1= a C7 2 G tl r E z a a r n d p `c a v a a s m S � [u iz'^ Statement of Qualifications to Provide On -Call En sneering Services for the City of Santa Ana 14 25C -26 NCM Engineering (NCM)wiII provide structural /bridgeengi nee ring as well as rail /trans it design services. The company provides engineering services to transportation districts, cities, counties, metropolitan Leo planning organizations, rail authorities, transit districts, transportation joint powerauthorities, railroads, the state and private developers throughout California. NCM's senior management team is comprised of recognized industry leaders with an average of 25+ years of experience, and utilizes a far - reaching skill set to provide clients with cost - efficient solutions for even the most complex projects. NCM is a California SBE Corporation was founded in 2012 by principals who have managed over 250+ roadway, highway, rail and bridge projects across California. Utility Specialists (US) will provide dry utility coordination services. US provides natural gas, electric, UtititySpedalists telephone and cable television system design and extension negotiation services. US consists of ason fh'n° ` wtw'x highly skilled and qualified project managers, project coordinators, drafters, designers, construction managers and estimators all with extensive dry utility experience. US has computer -aided natural gas, electric, telephone, and cable television design capability, as well as computerized project status monitoring. The firm also offers dry utility construction coordination to ensure timely and efficient facility installation and energizing. ORGANIZATIONAL CHART. Barry Cowan PE • PRINCIPAL-IN- CHARGE • QUALITY ASSURANCE /CONTROL • 6% OF TIME DEVOTED TO PROJECT Dan Burk PE Scott Patton PE, QSD/P • PROJECT ENGINERIMANAGER 20% OF TIME DEVOTED TO PROJECT Jim Kuhlken PLA,LEEDAP • LANDSCAPE ARCHITECTURE COMPLETE STREETS 50% OF TIME DEVOTED TO PROJECT Djan Chandra PE, GE GEOTECHNICAL ENGINEERING 20% OF TIME DEVOTED TO PROJECT. Joe Hammond PE, QSD /P • PROJECTMANAGER • CITY POINT-OF-CONTACT • 15% OF TIME DEVOTED TO PROJECT Jayne Janda -Timba PE, TOR QSD /P • WATER RESOURCES /STORM WATER • 20% OF TIME DEVOTED TO PROJECT. Don Woolley PLS •`SURVEYING /MAPPING • 20% OF TIME DEVOTED TO PROJECT Romi Archer ENVIRONMENTAL PLANNING. 20% OF TIME DEVOTED TO PROJECT . It is noted that each of the key staff listed below have available staff to support the work for the City of Santa Ana Brian Stephenson' PE, TE, PTOE • TRAFFIC ENGINEERING • 15% OF TIME DEVOTED TO PROJECT Mohan Char PE Steve Mislinski PE • STRUCTURAL /BRIDGE ENGINEERING RAIL /TRANSIT 25% OF TIME DEVOTED TO PROJECT Martin Peterson DRY UTILITY COORDINATIONIDESIGN 20% OF TIME DEVOTED TO PROJECT Statement of Qualifications to Provide On -Call Engipe�i Sexy' s for the City of Santa Ana FIRM AND TEAM EXPERIENCE Rick Engineering Company (RICK) is an award winning, multi - disciplined planning, design, and engineering corporation founded in 1955. With over 220 employees company -wide, we have the manpower, experience and capabilities to manage both large and small scale projects from start to finish. We maintain divisions that focus on civil engineering, transportation and traffic engineering, urban design and planning, redevelopment, landscape architecture, construction services, surveying, mapping, photogrammetry, water resources, geographic information systems (GIS), specialized computer services, and legal support services. Our Orange County office located in Lake Forest will be the main location through which our team will provide services to the City of Santa Ana. The office was established to offer a broad spectrum of general civil engineering design and traffic - related services to Orange /Los Angeles area clients. All of our services are provided by specialized personnel working with the latest methods and technology available. This office will provide the RICK Team with the ability to mobilize quickly and as necessary to coordinate and complete the City's projects. Project Team Management & Supervision. We are acutely aware of the value and importance of providing close, individual attention to each project and to working within the constraints of time and budget. To assure optimum coordination and responsiveness, new projects are assigned to a team managed by a senior individual, who is then responsible for the project from inception to completion. Complete resumes for our personnel are provided in page 4 through 7 of this submittal. Principal -in- Charge /Contract Manager: Barry Cowan, PE: RICKassigns a principal ofthe firm to maintain qualitycontrol procedures and oversee the overall duties of the entire team. Mr. Barry Cowan, PE, a 28 -year veteran of RICK, will be the Principal -in- Charge for this project. Barry will assist our project managers with project management duties, as needed, as well as provide quality control checks on the entire team's designs. As a senior member of the company, Barry has the authority to draw upon our firm's internal resources to ensure the team's progress continues effectively and efficiently. If project requirements necessitate staff additions or adjustments, Barry will review the proposed staff member's qualifications and submit these to the City for their review and written approval. Barry is an experienced civil engineer and heads the efforts of RICK in Orange and Los Angeles Counties. Project Manager /Project Point -of- Contact: Joe Hammond, PE, QSD /P: For this project, Mr. Joe Hammond, PE, QSD /P, will be our designated Project Manager and main Point -of- Contact. In this role, Joe will oversee the daily duties of the entire project team. He will review all design plans prior to submitting to the City or other agency for their review to ensure the plans meet with all agency standards, as well as our in -house quality control standards. Joe will maintain open communication with the City, ensuring all questions and concerns are addressed efficiently. In the Event of Joe Hammond being unavailable, Barry Cowan can serve as project manager in his place. SUBCONSULTANTS. In order to provide the City with the most comprehensive and thorough team possible, we have teamed with the following subconsultants. LSA Associates, Inc. (LSA) is a diversified environmental, transportation, and community planning L S A firm. Owned by its employees, LSA is distinguished by the comprehensive nature of the services it provides and by its commitment to providing responsive and expert support to its clients. With nine LSA ASSOCIATES, INC. offices throughout California and nearly 200 employees, LSA has provided services in environmental analysis, transportation planning and engineering, biology, wetlands, habitat restoration, natural resource management, water quality, global climate change, geographic information systems (GIB), community and land planning, cultural and paleontological resources, air quality and noise impact assessments since 1976. LSA has prepared several thousand environmental documents over the past 39 years for both the public and private sector. Leighton Consulting, Inc. (Leighton) has provided consulting services in geotechnical and geoenvironmental disciplines since 1961. The firm has substantial experience in pavement design with a history of work including hundreds of miles of streets, including 35 miles forone redevelopment project Leighton Consulting, Inc alone. Leighton possesses the local knowledge of Orange County geology, regulatory agencies, and A LEiGHTON GROUP COMPANY codes necessary to keep this project compliant and on schedule. Leighton has completed thousands of investigations, with a large percentage supporting improvements to local streets and highways. We have provided services for roadway and street pavement projects throughout southern California, including work on the Metro Gold Line and Mid -City/ Exposition LRT in Los Angeles, the Orange County Pacific Arts Center (OCPAC) in Costa Mesa, and on -call contracts. Statement of Qualifications to Provide On -Call Engineering Services for the City of Santa Ana 25C -28 QUALITY & STAFF AVAILABILITY RICK is committed to providing the full staffing and resources necessary to complete anticipated tasks involved in this project. In the event of a high volume of work or an emergency, each staff member will be able to extend his /her time and effort to meet the unexpected conditions. With more than 200 professionals, we have the staffing capacity of more than $20 million dollars of work annually, with the flexibility to react to peak workloads. We have specifically organized our team with the depth of resources to be able to form local team assignments, which will meet scope and schedule requirements for this contract and have a proven track record of responsive, on -time and in- budget projects. Below we have provided a chart that illustrates our current financial capacity and project pipeline information. This project would be fully accomodated by RICK. Financial Capacity /Project Pipeline Information - RICK Orange County Office References. We encourage you to contact the referenced clients for further information regarding our qualifications and experience. Mr. Steve 011o, City of Irvine T: (949) 724 -7562 Project: Trabuco & Monroe Intersection Improvements Mr. Mark Uphus, City of Garden Grove T: (714) 741 -5191 Project: Harbor Boulevard Roadway & Landscape Improvements Mr. Keith Carter, City of Cypress T. (714) 229 -6750 Project: Various Intersection Improvements Mr. Alvin Papa, City of Cypress T: (714) 229 -6746 Project: Moody Street Beautification Mr. Jake Ngo, City of Westminster T: (714) 898 -3311 Projects: Westminster Boulevard Median Beautification; Street Rehabilitations at Three Locations Statement of Qualifications to Provide On -Call Engl26ye, !.2grs for the City of Santa Ana 13 ^ /o; PROJECT NAME PROJECT TYPE SCHEDULE COMPLETE NOTES START END Northwest Village Creek Redevelopment on -going 90% Engineering /Landscape Design Trolley Residential Affordable Housing on -going 80% Engineering /Landscape Design Las Cortes Affordable Housing Dec. 16 50% Engineering /Landscape Design Guave Street Bridge over Murrieta Creek Public Works, Transportation on -going 98% Engineering Design LANI Koreatown Madang Public Works; Redevelopment on -going 95 % Engineering Design Whitewood Road Alignment Study & IS /MND public Works, Transportation Oct. 15 60 %B Engineering Design Harbor Boulevard Improvements public Works; Transportation Oct. 14 100% Under Construction Medians and Landscape ' Public Works, Transportation Dec. 15 o` 65 /0 1 Location Under Construction, Enhancements 1 in Design,1 FY14115 Design Ocean Blvd &Poppy Ave, Concept Studies Public Works; Transportation Nov. 1 60% Engineering /Landscape Design Cerritos Avenue Bike Corridor Public Works, Transportation Oct. 14 Dec. 15 50% Engineering /Landscape Design Salem -136 Unit Apartment Redevelopment June 15 95% Under Construction Complex Christenson Property Land Development, 72 Units April 15 75% Engineering Design Canyon Hills Phase 8 Land Development, 460 units June 16 50% Engineering Design Miscellaneous other Projects Varies Varies Engineering /Landscape Design References. We encourage you to contact the referenced clients for further information regarding our qualifications and experience. Mr. Steve 011o, City of Irvine T: (949) 724 -7562 Project: Trabuco & Monroe Intersection Improvements Mr. Mark Uphus, City of Garden Grove T: (714) 741 -5191 Project: Harbor Boulevard Roadway & Landscape Improvements Mr. Keith Carter, City of Cypress T. (714) 229 -6750 Project: Various Intersection Improvements Mr. Alvin Papa, City of Cypress T: (714) 229 -6746 Project: Moody Street Beautification Mr. Jake Ngo, City of Westminster T: (714) 898 -3311 Projects: Westminster Boulevard Median Beautification; Street Rehabilitations at Three Locations Statement of Qualifications to Provide On -Call Engl26ye, !.2grs for the City of Santa Ana 13 EXHIBIT C CERTIFICATIONS C -1 through C -3 25C -30 Certifications 25C -31 CERTIFICATIONS APPENDIX ATTACB MENT 3 -1: NON - COLLUSION AFHDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14-069 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 agreemcnt, 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, farther, 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 Nan - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this _ day of 20� by . proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SEE FOLLOWING PAGE Notary Public Signature Notary Public Seal 25C -32 State of • u, County of k.. Subscribed and sworn to (or affirmed) before me on this •. •' " 4 proved Co me on '" basis of f ry evidence to be person* who appeared before me. 1YliiiII/ 25C -33 APPENDIX ATTACHMENT 3 -2: NON- LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 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 malting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated 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 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 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 Rick Engineering Company / Signed and Printed Name: Title Vice President 2015 25C -34 APPENDIX ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES i& ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin, Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by riles, 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 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 rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 25C -35 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) grid the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a 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 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: Vice President Firm: Rick Engineering Company Bate: June 18. 2015 25C -36 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 25C -37 25C -38