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Home My WebLink AboutKIMLEY-HORN 7 -2015City of Santa Ana t Clerk of the Council core office u:� only AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. 279 VtC i Note. If your agreement is grant related, please ensure that all grant retention requirement tT g-� have been satisfied prior to signing the termination form. U UNT Is the agreement(s) a permanent record? Yes No ul o COUNCIL Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with , No. /T �S — �% I was completed on �FyS� and final payment has been made. (List all amendments. Use space below N needed.) Department: Phone/Ext.: ( 7/— O y Signature: Date: Revised: 10-13-16 tlj x�0�3 INSURANCE NOT ON FILE WORK MAY NkT PROCEED CLERK OF COUNCIL, DATE: 1(-Y--6 j PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA AtNA ON -CALL ENGINEERING SERVICES FAptly, 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 projecthask. If requested, the consultant would provide a task proposal, budget and schedule for the Task. Order. From this the City may caboose 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. Ln undertaking the performance of this Agreement, Consultant represents that it is latowledgeable 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: I. 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. 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 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 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. 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 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 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 To Consultant: Kimley-Horn 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, conununication 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 filly, 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. 8 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 APPROVAL: ive Director Works Agency 9 CITY OF SANTA ANA DAVI CAV ZOS City Manager orn and Associates, Inc. (Name)Darre A-ilrian, P.E. (Title) Vice President KHACA 03 EXHIBIT A SCOPE OF WORI{ 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 plarming 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 worts 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 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: 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 theresponsibilityof 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 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 finds 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 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 t968, 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 CPR 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 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 t07 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. 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 EXHIBIT B COMPENSATION CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES Kimley>>)Horn Standard Rate Schedule Effective August 5, 2015 to August 5, 2016 Classification Billing Rate per Hour* Sr. Professional $213 - $259 Professional $169 - $206 Project Engineer $149 - $162 Analyst $105 - $125 Draftsperson $98- $151 Project Support $116 - $172 Administrative Support $83 - $113 *Ranges will be escalated yearly on Contract anniversary date by 5% Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, Misc. Field Equipment/Supplies, and Travel Expenses will be billed at actual cost. Mileage will be billed at the Fedderal Rate. imlepMorn February 2, 2015 Monica M. Suter City of Santa Ana, Publics Works Agency 20 Civic Center Plaza, 3r0 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 10-K and 10-H forms have been enclosed for the following as applicable: • Kimley-Horn a 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-Fl 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.adrianCa).kimlewhorn.com should you require any further information related to the enclosed documentation. neere , Darren Adrian, P.E. Vice President ATW I N ING Schedule of Fees 2014 - 2015 NOTE: Rates will be adjusted annually each July lst to effect increased costs. Personnel Rates: Per Hour Unless Otherwise Noted Task Code Engineering and Consulting Personnel Rate 10026 Senior Principal Advisor/Consultant $ 258.00 10001 Principal Engineer/Geologist $ 180.00 10017 Metallurgical Engineer $ 175.00 70000 Registered Geotechnical Engineer $ 175.00 10011 Technical Advisor $ 17500 10011 Material Scientist, Weldingi Consultant $ 17500 70003 Registered Geologist/Certified $ 165.00 Engineering Geologist 10003 Senior Engineer/Geologist 5 160.00 10009 Registered Civil Engineer 5 155.00 60003 Roofing/Waterproofing Consultant $ 18000 10013 Project Engineer/Manager $ 145.00 30000 Quality Contra) Manager $ 135.00 100D5 Senior Staff Engineer/Geologist $ 135,00 10007 Stag EngineerlGeologist $ 130.00 10015 Quality Control Administrator $ 115.00 10019 Metallurgical Technician $ 9000 90001 CADD OperothadDraftsperson $ 80.00 70107 Field Supervisorl5afety Manager $ 1to,00 20000 Laboratory Manager $ 100,00 98000 Laboratory Technician $ 60.00 90005 Expert Witness Testimony $ 39000 91010 qualified SWPPP Developer $ 125.00 91000 Qualified SWPPP Practitioner $ 11500 Task Code Fleltl Inspection Personnel Rate 10101 Concrete/Reinforced Steel Inspector $ 101,00 10103 Prestressed/Post Tensioned Inspector $ 10100 10105 Concrete IOC Inspector $ 101.00 10109 El n-Archor Inspector $ 101,00 10111 Gunite/Shoodets Inspector $ 101,00 10113 Masonry Inspector $ 1e1,00 10201 Structural Steel/Welding Inspector $ 10100 10203 AWS Certfled Welding Inspector $ 101.00 10207 Fireproofing Inspector $ 101 00 10501 Lead Inspector $ 106.00 70109 L.A. Deputy Grading Inspector $ 106.00 750D1 Asphalt Field and Plant Inspector/Terol lden $ 10200 70103 Pile Driving Inspector $ 10200 70101 Salle T.FhnlGen $ 102.00 10107 Concrete Quality Contra (ACl/Caltrans Technician) $ 101,00 60001 Roofing/Waterproofing Inspector $ 107.00 10515 Mechanical Inspector $ 120.00 10519 Electrical Inspector $ 122,00 10521 Plumbing Inspector $ 12200 10523 Building Inspector $ 122 e0 50003 Field Engineering Technician $ 105,00 Task _Code _ Shop Inspection Personnel Rate 103D1 Structural Steel Fabrication Inspector $ ion'00 10309 Batch Plant Quality Control Technician/Inspector $ 10100 10325 Glue -Laminated Fabrication Inspector Quotation 10328 Precastconcrete/Pipe Fabrication Inspector $ 101 00 Task Code Non -Destructive Testing Personnel Rate 10401 NDE Ultrasonic Testing Tedder "I n S 106.00 10403 NDE Magnetic Particle Testing Technician $ 10600 10405 NDE Dye Penetrant Testing Technician $ 106.00 10305 Combination FIDE Technlclan/Welding Inspector 5 106.00 10409 Radiographic Testing(crew of 2) $ 27500 Task Code Equipment Usage (Daily Unless otherwise Noted) Rate 95318 _ Skidmore $ 40.00 95309 Torque Wrench, Small 5 15,00 95312 Torque Wrench, Large 5 25,00 95315 Torque Multiplier $ 40,00 95321 Air Meter $ 20,00 95324 Dross Mold $ 2000. 95343 Nuclear Gauss (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 Flounce. (D,se ink) $ 45,00 95330 Schmidt Hammer IF 2000. 95341 Vapor Emission Test Kits 5 30.00 95342 Relative Humidity Probe $ 4500 95339 V-Meter IF 100.00 95351 Fireproofing AdhesionlCohesion(Per Test) $ 2000 95300 A Scan Ultrasonic Equipment and Consumables $ 65.00 95303 Magnetic Particle Equipment and Consumables $ 30.00 95306 Liquid Penetrant Consumables $ 2500 05307 Phased Array Ultrasonic Equipment(Per Flour) $ 50,00 95347 Ground Penetrating Radar (Per Hour) $ 50.00 95345 Impact Echo $ 28000 95359 Concern Pavement Proflogmph (Per Hour) $ 115.00 95349 Inertial Profiler(Per Hour) $ 25000 95357 Project Dedlcated Vehicle IF 75,00 Task _Code Specimen PkA-Ul _ 20102 Standard Sample: Concrete Cylinders (Each) $ 20,00 20101 Standard Sample: Mortar/Gmut Cubes and Cores, $ 2000. Fireproofing, Reber, and Epoxy Prisms (Each) 20103/ Oversize Sample: Masonry Prisms, Shotcrete Panels, $ 47,00 20104 Flexural Beams (Each) 20107 Technician for Specimen Piclo-Up Not Listed Above $ 80,00 (Per Haar, 2-Hour Minimum) 20109 Technician for Specimen PiclaUp Before 5:00 a.m. $ 98,00 or After 5:00 p.m. Monday then Friday, or All Day Saturday (Per Hour, 2-Hour Minimum Plus Mileage) Task Code Joldi to Trailer, Mobile or O -site Eaborato Rate .Code ._... ---- --- - - -x_ _._._..-- 953fi0 Mobilelaboratory for rapid set concrete $ 375.00 (per shift not exceeding 12 hours) All others by quotation T W I N I N G Task Code Concrete Tests (Field Made Specimens)___ Rate 20201 6"x12'ar4"x8" Cylinder: Compression Strength $ 32 00 (ASTM C39) 20203 Cagily of Structural Lightweight Concrete $ 7500 Equilibrium or Oven Dry Method (ASTM C567) 20205 Core Compression Including Trimming (ASTM C42) $ 55.00 20207 6" x 6" x IS" Flexural Beams Not Exceeding $ 70DO Referenced Size (ASTM C78, C293 or CTM 523) 20208 6" x 6" x 30" Flexural Beams (CTM 523) $ 85.00 20209 Cylinders: Splitting Tensile Strength (ASTM C496) $ 8500 20211 Badulus of Elasticity Test (ASTM C469) $ 140.00 80003 Rapid Chloride Permeability Test, Cylinders or $ 450,00 Cams (ASTM C1202) 80006 Density, Absorption, and Voids in Hardened $ 350.00 Concrete (ASTM C842) 40005 Flexural Toughness (ASTM C1609, Formerly $ 700.00 ASTM C1018) 40009 Coefficient of Thermal Expansion of Concrete $ 500.00 (CRD 39, AASHTO T336) Task Code Concrete Specimen Preparation Rate 20151 Sawing of Specimens (Each) _ $ 2500 20157 Coring of Specimens in Lab (Each) $ 25,00 Task Laboratory Trial Batch: Concrete, Cement and Code Mortar Rate ___ 3021] ______ Compression Tast Cylintlers Made and Tehtetl in _ $ - 45.00 Laboratory (ASTM C192, C35) 30219 6" x 6" x 18" Flexural Beams Made and Tested in 5 85.00 Laboratory (ASTM C192, C]e) 30221 6" x 6" x 30" Flexural Beams Made and Tested in S 9500 Laboratory (ASTM C192, C293) 30223 Splitting Tensile Strength Cylinders Made and Tested $ 100.00 In Laboratory (ASTM C192, C496) 30225 Modulus of Elasticity Test Cylinders Made and Tested in $ 156.00 Laboratory( ASTM C192; C469) 30227 Density of Structural Lightweight Concrete Mode in the $ 86.00 Laboratory, Equl mnrni or Oven Dry Method (ASTM CS6T) 30201 Laboratory Trial Batch (ASTM C192) $ 40000 30203 Laboratory Trial Batch: Packaged Dry Concrete $ 800.00 Including Verification of Slump, Air Content, Plastic Unit Weight, Six Cylinders for Compressive Strength (ASTM C387 and C192) 30205 Drying Shrinkage Up to 28 Days'. Three 3" x 3" or 5 400.00 4" x 4" Bars, Five Readings up to 28 Dry Days (ASTM 015 30230 Additional Reading, Per Set of Three Bars $ 4500 30231 Storage over N lnety(90) Days, Per Set of $ 30.00 Three Bars, Per Month 30207 Setting Time Up to ] Flours (ASTM C403) $ 125.00 30209 Bleeding (ASTM C232) $ 12500 30229 Concrete Restrained Expansion (ASTM Croo) $ 450D 30211 Mix, Make and Test M ortar or Grout Specimens for $ 400,00 Compms3ive Strength'. Set of 6 (ASTM 0109, C942) 20263 NonAllGrout Height Change after Final S 40000 Set (ASTM C1090) 20265 Non -Shrink Grout Height Change at Early $ 950,00 Age (ASTM C82]) 30232 Cracking Resistance, S at of Three Rings, $ 4,000.00 LabOmtOry Trial Batching,'I'act Until Cracking or up to 28 Days (ASTM 1581) 30233 Evaluation of Pre -Packaged Masonry Mortars $ 1,100.00 (ASTM C2]0) Task Chemical Analysis and Petrographic Code Examination of Concrete Rate 8012U Chemical Analysis for Water Soluble Sulfates $ 1fi000 (ASTM 0114) dooludde sample prep) Task Chemical Analysis and Petrographic Code Examination of Concrete, continued Rate a0126 ___ Chemical Analysts for Water Soluble Chlontles $ 150.00 (ASTM C1218) (includes sample prep) 80123 Chemical Analysis for Acid Soluble Chlorides $ 22000 (ASTM C1152) (Includes sample prep) 80193 Chloride Diffusion Coefficient of Cementitious $ 2,000.00 Mixtures by Bulk Diffusion (ASTM Cl556) 80129 Petrographic Examination of Hardened Quotation Concrete (ASTM 856) - Task Code and Chemical Analysis of Cement Rate 80195 _Physical Physical Testing and Chemical Analysis of Portland Cement Be, $ 1,00000 Standard Requirements (ASTM C150) 80100 Chemical Analysis of Portland Cement per $ 550.00 Standard Requirements (ASTM C150) 80103 Physical Testing of Portland Cement per $ 550.00 Standard Requirements (ASTM C150) 80194 Physical Testing of Type K Cement, Mortar $ 50000 Expansion (ASTM C006) 80106 Panlal Analysis or Specific Physical Tests Quotation 80110 Sulfates Resistance of Hydraulic Quotation Cement (ASTM C1012) Task Cotle Phi and Chemical Analysis of Ely Ash Rate 80140 ______ Chemical Analysis of Fly Ash per $ 55000 Standard Requirements (ASTM C618) 80143 Physical Testing of Fly Ash per, Standard Requirements $ 530.00 (ASTM C818) 80146 Partial Analysis or Spuriflc Physical Tests Quotation 80147 Chemical Analysis and Physical Testing of Fly Ash per $ 1 00D.OD Standard Requirements (ASTM C1618) Task Physical Testing of Chemical Admixtures for Code Concrete Rate 801 66 Quallfcatlonof Atlmxtureper ASTMC4g4 Quotation Task Code Soils and Aggregate Tests Rate 30503 Abrasion: LA Rattler (ARTS C131) $ 185. DO 30505 Abrasion: LA Rattler (AS 'FM C535) $ 195.00 70301 Atterberg Llmlts/Placticlry Index (ASTM D4318, CTM204) $ 150.00 70303 California Bearing Ratio Excluding Maximum Density $ 550,00 (ASTM D1803): Solt 70304 California Beading Ratio Excluding Maximum Density $ 650.00 (ASTM D1883): CementTreatedSoil 70305 Chloride and Sulfate Content (CTM 417, CTM 422) $ 130 OD 304D3 Clay Lumps and Friable Particles (ASTM C142) $ 175,00 30321 Cleanness Value: l" x#4 (CTM 229) $ 175,00 30322 Cleanness Value'. L5" x,T5" (CTM 227) $ 27000 70393 Collapse Potentlalrk,dox (ASTM D5333) $ 175 DO 70396 Compressive Strength of Molded Soul -Cement $ 10500 Cylinders (ASTM D1633) 70309 Consolidation Test Full Cycle (ASTM 2435, CTM 219) $ 19500 70311 Consolidation Pest Time Rate per Load Increment $ 4500 (ASTM D2435, CTM 219) 70313 Corrosivity Series. Sulfate, Cl, U-I, Resistivity $ 24500 (CTM 643, 417, and 422) 70315 Crushed/Fractured Peril (ASTM Dmi CTM 2D6) $ 17500 70317 Direct Shear Test Remolded a polar Residual $ 245,00 (ASTM D3080) 70319 Direct Shear TestUndisturbed- Slow [CD] CSTM D3080) $ 225.00 Task Ccde____Soils and Aggregate Tests, capital Rate 70521 ___ 6rta-i Shear Toai'. Undumurfed-Fa,fi CU)' _ $ IP5.00 bASTM 03080) 70378 Curability Index: Per Method - A, B,C, of $ 210,00 (CTM 229, ASTM 03744) 70325 Expansion Index (ASTM D4029, LIBC 1i $ 160,00 75004 Fine Aggregate Angularity, $ 185.00 (AASHTO TFmi ASTM C1252, CTM 234) 30507 Flat and Elongated Particle (ASTM D4701) $ 225.00 30508 Flat or Elongated Particle(ASTM 04791) $ 190.00 70331 Mummum Dmretty. Methods AtWC $ i8O00 (ASTM 01557, Dryat, CTM 216) 70333 Maximum Comedy: Check Point $ 65,00 (ASTM D1557, Ready 70335 Maximum Density: AASHTO C [Modified) $ 195,00 (AASHTO T-180) 70337 Moisture Content (ASTM D2216,CTM 226) $ 25D0 70339 Moisture and Density Ring Sample (ASTM D2937) $ 30.00 70341 Moral and penalty, Sheer Tube Sample 9 60-00 (ASTM 02939) 70340 Moislure-Density Relations of Sed-Cement S 22500 Mixtures Premixed In the Field (ASTM Rest) 70342 Moisture -Density Relations of Sail -Cement better as S 295.00 Mixed in the Lab (ASTM D55s) 30401 Organic impunt(es(ASTM C40,CTM 213i $ 90.00 70343 Forrestal y.STM D50W} $ 250.00 a00er Patti Reactivity: Chemical Method (AS I M C269) $ 47500 70394 Potential Reactivity: Mortar Bar Expansion Method, $ 700,00 14-Day Exposure (ASTM C1260) 70398 Potential Reactivity Concrete Bar Expansion, $ 2,40000 Method (ASIM C1293), 12 month 70399 Potential Relativity: Connote Bar Ezimnalon, $ 2,631 Method IASTM C1298), 24 month 73307 Potential Reactivity of Aggregate Combination, $ Sal 14-Day Exposure, Momer (ASTM C1 fal 70345 R-Value'. Soil (ASTM 2844, CTM 3D1) $ 325.00 70347 R-Value. Aggregate Base (ASTM D2844, CTM 301) $ 355.00 70349 Sand Eel (ASTM D2419, CTM 217) A 12500 70351 Sieve #200 Wool, Cnly (ASTM D1140, CTM 202) $ 90,00 70353 Some with Hyearreter. W4"Gravel to Clay $ 22500 {ASTM DAL^.., CTM 203) 70355 Sieve wish Hk*lnometer- Bard to Clay $ 215 ad (ASTM 0422, CI "M BOO) 70357 Sieve Analysis Including Wash S 140.00 (ASTM C136, CTM 202) 70359 Steve Analysis Without Wash (ASTM 0136, CTM 202) S 105.00 70360 Sieve Analysle: Split Sieve (ASTM C130, CiM202) S 21500 70361 SeveAnffiy=M Wehoui Wash: BVkh Cobhtes $ 210,00 (,45TM C135. CTM 202) 70363 Soundness Sor6urn of M-aenesear Sellers, s 40000 5 Cycles (AS IM CAP) 70365 Specific Gravity and Absorption Coarse $ 1DOSD (ASTM C127, Cl'M 206) 70367 Specific Gravity cold Absorption Find $ 16500 (ASTM C128, CTM 207) RD69 Swelllfiettlemonl Potential: One Dinam oval $ 105,00 (ASTM D454Ei) N371 Trlaxiet Quate9dn 70373 Unconfined Compicavese (ASTM DRIPS, A Ihe 221) $ 135-00 30317 Unit Weight Per Cubic Foot (ASTM CAR, CTM 212) $ BODO 30319 Voids in A90regate with Known Specific Gravity $ 8D.00 (ASTM C29, CIM 212) Task Code Asphalt Concrete Tests Rate 7501 Bulk Specific Gravity of Comesead Sample a $ 45.M Cora SSD fiCTM 308C and ASTM 0272M 75036 Buie Specific G[avi Compacted Sample or $ Rl Cone: Parafin Coated (CTM 308A and ASTM D1188) 75040 Emulsion Residue, Evaporation (ASTM D244) $ 150.00 75024 Extraction'. so Diffuse (CTM 382, ASTM D6307) $ 155.00 75027 Extraction'. %Bitumen and Gr dafon (CTM 362, $ 200.00 CTM 202, ASTM D630T, ASTM D5444) 75028 Extraction' su Bitamen, Corroctlon Factor a 32.5.00 (CTM 382, AST M 06307) 7SD30 Chemerat Extraction .% Brouren end Stove Analya-s $ 245SO (ABTM D2172 Method Aor9, ASTM 05444) 75042 Lab Tested Maximum Density Hveem, 3 bnyuettes $ 200,00 (CTM 304, CTM 300, ASTM D1561, AS NO D1108) 75054 Hveem Stabilometar Test with Mixing, 3 briquettes $ 325,00 (CTM 304, CTM'age, ASTM D1560, ASTM D1561) 75057 Hveem Stabilcmaten Test, Premixed, 3 briquettes $ 200,00 (CTM 304, CI 366, ASTM D1550, ASTM IS 56 p 75048 Lab Tested Maximum Density. Marshall, $ 200,00 3 buqueiles (ASTM D6926,ASTM D2726) a5049 Lab Tested Magnum Ferrari Postal $ 215.00 6 S,emseene 3 royal (ASTM D5581, ASTM 02726) 75050 Lab Tested Maximum Density, Superpave namely $ 75.00 Compacted Briquette, SSD, 1 briquette (ASTM D6925, ASTM D2726) 75052 Lab Tested Maximum Density. Superpave Gyratory $ 0500 Compacted Briquette, Parafin, 1 briquette (ASTM D6025, ASTM D1188) 75051 Maximum -Theoretical Specific Gravity [RICE) $ ISO U0 {CTM 309, A>•IAs D2041) 75099 Momarml SUbl and Pitiw, Cored Sample, each $ 75,00 {ASTM DR9271 75069 Marshall SlabllilY and How, Premixed, 3 briquettes $ 200.00 (ASTM LINQl3, ASTM D6927) 75072 Marshall Stability and Flow, with Mixing, 3 briquettes $ 32500 (ASTM D0926,ASTM D6927) 75106 Marshall Stability and Flow, Gyratory Compacted $ 225,00 Specimen Pre -Mixed, 3 briquettes (ASTM 06925, ASTM D5561) 75107 Manuel Sal son Flow 6" Spec it era Prem#etl, $ 213.00 3 Rummell (ASTM DSE61} 75063 Measure Coi Fact (CTM 370) $ U500 750r5 Wet Tack Abrasion Test (ASTM D3910) $ 150.00 75093 Hveem Mix Desire, (Excluding An compete (fic.lity Tests) $ Redone 75096 Hveem Mix Deign, with RAP (Excluding Antenna, $ 3,300.00 Quality Tests, RAP Qualification) 75099 Hveem Mix Oeaign, with Lime (Excluding Aggregate $ 3,550.00 Quality Tests) 75mel Hveem Mix lesign Caipans Untreated Mix $ A,LaO00 aunludre AtMel (yua-Ry Tests) 75055 Hveem Mix Design Cal Lime Treated MG $ -QOUS0 (including Aggregate Quality Tests) 75084 Marshall Mix Design (Excluding Aggregate Quietly Tests) $ 3,000 OD 75087 Marshall Mix Doalgn with RAP (Excluding Appeal $ 3,100.Ou Quality Tests) 75090 Marshall Mix Design with Lime (Exoluding Aggregate $ 3,550 00 Quality Tests) 75099 Open Grade Asphalt Concrete Mix Coups, $ 135U00 (CTM SIR, ASP'M D7064) 75109 Superpave Mix Lsses,(Excludrtq,Aggregate Quality Teed) $ A.1 R)00 75113 Superpave Mix Design, with RAP $ 6,090,00 (Excluding Aggromate Quality Tests) 75114 Superpose Mix Design, with Rubber $ 6,20f1IS, (Excluding Aggregate Quality Tests) 75115 Superpave Mix Design, with Additives $ 5,5gO 00 (Excluding Aggregate Quality Tests) 75075 i of Moisture an Asphalt Paving M W top, Pre -Mixed $ 815-00 (AASHTO T263, ASTM 134857) robil 'Effect of Neex ore on Asphaa Pawed Resume, PreMixed, 24- s 1,130,00 Hour immerekat rlud M xed QASHTO T283, ASTM 04667) 75064 Effect of Moisture on Asphalt Paving Mixtures $ 1,500.D0 (AASHTO [28:3, ASTM D4867) 75065 Effect of Moisture on Asphalt Peeing MixWraa, One Freeze S 1,700,00 Thew Cycle (AASHTO T283, ASTM D48d7) ATWINI N G Task Task Concrete Roof Fill: Gypsum, Vermiculite, Pal Code Asphalt Concrete Tests, continued Rate Code Lightweight Insulating Concrete, Etc. Rate 75102 Resistance of Compacted Bituminous Mixtures to $ 1,850,00 20371 Compression Test (ASTM C495 and C472) $ 39.00 Moisture Induced Damage [TSR], Untreated (CTM 371) 75105 Resistance of Compacted Bituminous Mixtures to $ 1,800.00 20373 Air Dry Density (ASTM C472) $ 30,00 Moisture Induced Damage [TSR], Lime Treated (CTM 371) 75104 Resistance of Compacted Bituminous Mixtures to $ 900.00 20379 Oven Dry Density (ASTM C495) $ 55.00 Moisture Induced Damage ITSR], Pro - Mixed (CTM 371) 75111 Hamburg Wheel Track Test 20,000 passes,4 $ 100000 briquettes (AASHTO T324) 75118 Hamburg Wheel Traok Test 25, 000 passes,4 $ 1,200,00 Task briquettes (AASHTO T324) Code Reinforcing Steel, ASTM A615, A_706______ Rate 75039 Raveling Test of Cold Mixed Emulsified Asphalt $ 200.00 20501 Tensile Test', # 11 or smaller $ _ 52.00 (ASTM D7196) 75067 Marshall Stability, wet set, 3 replicates (AASHTO T 245) $ 32500 20503 Bend Test # 11 or Smaller $ 46.00 75068 Marshall Stability, dry set, 3 replicates (PASHTO T 245) $ 275.00 20504 Bend Test dial. or#18 $ 30000 20505 Tensile Test: It 14 $ 20000 Task 20507 Tensile Test # 18 $ 300.00 Code Brick Masonry Tests, ASTM C67 Rate 20301 Modulus of Rupture: Flexural (5 Required Per ASTM) $ 45.00 20303 Compression Strength (3 Required Per ASTM) $ 45.00 Task Code Reinforcing Steel - Welded or Coupled Specimens Rate 2030E Absorption', 5 Hour or 24 Hour (5 Required) $ 50.00 20521 Tensile Test Welded/Coupled 411 and Smeller $ e200 2W07 Absorption (Bail): 1, 2 or Hours be Required) $ 60.00 20523 Tensile Test: WeldedlCoupled #14 $ 220,00 20309 Initial Rate of Absomtion(5 Required) $ 40,00 20525 Tensile Test WeldedlCoupled#18 $ 320.00 20311 Efflorescence (5 Required) $ 60.00 20529 Weld', Maametch $ 65,00 20313 Cores. Compression $ 55,00 20531 Slippage Test- Caltrene(CTM 670) $ 175.00 20315 Shear Test on Brick Cores: 2 Faces $ 80,00 Task Code Metal and Steel Testing Rate Task 20601 Tensile Strongth: Up to 10oK Pounds (Each) S 50 00 Code_ Concrete Block, ASTM C140 Rate 29321 _ Compression 0 Required Per ASTM) $ 50.000 20603 Tensile Strength: Up to 200K Pounds (Each) $ 55.00 20323 AbsorptionlMaisture Content/Oven Dry Density $ 80,00 20605 Tensile Strength: Up to 300K Pounds (Each) 5 65,00 (3 Required Per ASTM) 20327 Linear Shrinkage (ASTM C426) $ 200,00 20607 Tensile Strength: Up to 400K Pounds (Each) $ 110.00 20335 Web and Face Shell Measurements $ 40.00 20609 Tensile Strength: 400K to 600K Pounds (Each) 5 30000 20329 Tension Test $ 150,00 20611 Tensile Strength'. Stress -Strain Percent Offset 5 150.00 20331 Core Compression $ 55,00 20545 Weld: Macmetch 5 65.00 20333 Shear Test of Masonry Cores'. 2 Faces $ 75,00 20547 Weld: Fracture $ 3000 20339 Efflorescence Tests (3 Required) $ 40,00 20615 Bend Test $ 46.00 20617 Flattening Test 5 5500 Task 20619 Brunel and Rockwell Hembree Test $ 72,00 Code_ Masonry Prisms, ASTM C1314 Rate (ASTM Ell (Per Test) 203 11 Compression Test Composite Masonry $ 185,00 20610 Bolt Axial Tensile Teat (Up to 718 diameter) $ 40.00 Prisms Up To 6" x 16" 20343 Compression Test: Composite Masonry $ 245,00 20631 Bolt Wedge Tensile Test gift, to 7l8" diameter) $ 55,00 Prisms Larger Than 6" x 16" 20346 Prism Cord Modulus of Elasticity $ 505.00 20632 Bolt Axial Tensile Test (Greater than 718" $ 6000 up to I" diameter) 20347 Prism Cord Modulus of Elasticity with Transverse $ 630,00 20633 Bolt Wedge Tensile Test (Greater than 7l8' $ 75.00 Strain (for double-wyme specimen) up to 1"diameter) 20634 Bolt Axial Tensile Test (Greater than l"diameter) Quotation Task 2063E Bolt Wedge Tensile Test (Greater than l"diameter) Quotation Code Mortar and Grout Rate 20351 Compression 2"a M' Modar Cylinders (ASTM C780)__ $ 30.00 20636 Bolt Proof Load Test (Up to 7/9") $ 65,00 20353 Compression: 3" x W x M Groat Prisms, $ 52.00 20637 Bolt Proof Load Test (Greater than 718' up to V diameter) $ 8500 ludiddes Trimming (ASTM C119) 20355 Compression: 2" Cubes (ASTM C W9) $ 30.00 20638 Bolt Proof Load Test (Greater than 1") Quotation 20357 Compression: Cores (ASTM C42) $ 55.00 20639 Nut: Proof Load Tact (Up to 7I8") $ 45,00 20640 Nut: Proof Load Test (Greater than 7l8" up to I" diameter) $ 65,00 Task 20641 Nut: Proof Load Test (Greater than 1') Quotation Code Masonry Specimen Preparation Rate 2015E Cutting of Cubes or Prisms Task Code Chemical Testing_ of Metal Ste_el Rate 80170 _and _ Steel Chemical Analysis $ 125.00 Task 80173 Weight of Galvanlood Coating (ASTM A90) $ 7500 Code Fireproofing Tests Rate -2004507 _ Oven Dry Density (Per Sample) (ASTM E605) $ - 60.00 Task Code Gunite and Shoterete Tests Rate 2036 Core Compression Including Trimming (ASTM C42) $ 55.00 20363 Compression: G"x1P"CYkiders $ 32.00 20365 Compression: Cubes (Includes Saw Cutting) $ 7400 T W I N I N G General Conditions, continued Travel Time and Mileage 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 than small tools, whenever project related equipment Is marked to be transported to and from the project site, time and hiders for inspectors and field technicians will be billed on a portal to portal basis. 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 order to be in strict conformance with testing standards, it may be required that Saturday malbups be performed he, concrete specimens cast on Friday must be picleed 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 net be authorized then Twining will not be responsible for any negative consequences. Remote Jobs For projects in excess of 100 miles from Twining, travel time will be charged at the relevant straight time rate. Reimbursable Expenses Parking, airfare, car rental, food and lodging, etcwill be charged at cost plus 15%per processed Invoice, unless provided by client Subsistence Subsistence on remote jobs will be charged per quotation. Laboratory Testing Hours Phase 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.m. on 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 ouislde laboratory for testing: Cost plus 20% Material sent to outside fabricator or machine shop'. Cost plus 20% Glu-Lam beam inspection'. Cost plus 20% Other srmcontmdors: Cost plus 20% Project exclusive equipment purchase Cost plus 20% Limit of Liability All contracts are subject to ermm and omissions coverage limits of $5g0000q or contract amount whichever Is greater. Higher limits available by quotation Cediged Payroll Cedltled payroll will be provided, upon request, at an additional charge of $100.00Imonih. 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 orjust a day, depending on the number and complexity of the issues. Cost forfrm 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 dale of invoice, they are considered past due and a finance charge of I%%per month will be added to the unpaid balance (APR 10%) - 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 fight to terminate its services to a customer without notice if all invoices are not current Upon such termination of services, the entire In the event of any litigation arising from or elated to any agreement to provide spr,on whether verbal OfwMten, the prevailing party shall be entitled to iecoverfrom the non - prevailing party all reasonable costs Incurred, Including staff time. courtcosts, attorney's fees and all other related expenses in such litigation Additionally, in the event of a non Specimen Died osal Specmens will be dlacarded after testing unless twining has been notified prior to testing that the customer wishes to retrieve the specimens or storage arrangements are made. Ov rnslze Specimens An extra charge will be Flood when test specimens require more than one person to handle due to size or weight. Local Assistance Procedures Manual EXHIBIT 10-11 EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE 92) Specific Rate of Compensation (use for on -cal] or as -needed contracts) Pagge 1 of (Construction Engineering and Inspection Contracts) Consultant or Subconsultant Kimley-Horn and Associates, Inc. Contract No. RFP 14-037 Date Fringe Benefit % FCCM % General Administration % = Combined Indirect Cost Rate (ICR) % 38.02% 0.66% 155,48% 194.16% niT T T%T ^ ThMD D h A A1TYnNt FEE %= 1.0% CALCULATION INFOMMATION 1/30/2015 Name/Job Title/Classification' Hourly Billing Rates Effective date of hourly rate Actual or Avg. % or $ Hourly range - for Straight OT(1.5x) OT(2x) From To hourly rate' increase classifications only Darren Adrian $256.67 1 211/2015 1/31/2016 $79.34 Project Manager $269,51 Not Applicable 2/1/2016 1/31/2017 $83.31 5.00% Not Applicable $282.98 2/1/2017 1/31/2018 $87.47 5.00% $297,13 2/1/2018 1,13I/2019 $91.85 5.00% Frank Hoffman $216.23 2/I/2015 1/3I/2016 $66.84 QA/QC $227.05 Not Applicable 2/1/2016 1/31/2017 $70.18 5.00% Not Applicable $238.40 2/1/2017 1/31/2018 $73.69 5.00% $25032 2/1/2018 1/31/2019 $77.38 5.0001- Eric Regueiro $141,57 2/1/2015 1/31/2016 $4336 Deputy Project Manager $148.65 Not Applicable 2/1/2016 1/31/2017 $45.95 5.00% Not Applicable $156.08 2/1/2017 1/31/2018 $48.25 5.00°% $163.88 - 2'1/2018 1/31:12019 $50.66 5.00% Jason Melchor $176.36 2/1/2015 1/3I/2016 $52.66 Assisstant Level Design Engineer $178.88 Not Applicable 2JI/2016 1/31/2017 $55.29 5.00% Not Applicable $18T82 2/112017 1/31/2018 $58.06 5.00% $197.21 2/II201s 1.31/2019 $60.96 5.0001. Matt Caputo $213,13 2/1/2015 1/31/2016 $65.88 Registered Engineer $223,78 Not Applicable 2/1/2016 1/31/2017 $6917 5.00% Not Applicable $234.97 2/1/2017 1/31/2018 $72.63 5.00% $246.72 211i2018 1/31/2019 $76.26 5.00% Sam McWhorter $183.56 2/1/2015 1/31/2016 $56.74 Assisstant Level Design Engineer $192,74 Not Applicable 2/1/2016 1/31/2017 $59.58 5.00% Not Applicable $20^_-37 2/l/2017 1/31/2018 $62.56 5.00% $212.49 2/1/2018 1/31.12619 $65.68 5.00% LPP 15-01 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #2) Specific Rate of Compensation (use for on -call or as -needed contracts) (Construction Engineering and inspection Contracts) Consultant or Subconsultant Kimley-Horn and Associates, Inc. Contract No. Fringe Benefit % 38.02% BILLING INFORMATION REP 14-037 + FCCM % + General Administration % = Combined Indirect Cost Rate (ICR) % 0.66% 155.48% 194.16% EXHIBIT 10-H Page 2 of Date 1/30/2015 FEE %= 10% CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates Effective date of hourly rate Actual or Avg. % or $ Hourly range - for Straight OT(I.5X) OT(2x) From To hourly rate' increase classifications only Michelle Biery $105.79 1 2/l/2015 1/31/2016 $32.70 Analyst $111.08 Not Applicable 2/1/2016 1/31/2017 $3434 5.00% Not Applicable $116.63 2/I/2017 1/31/2018 $36.05 5.00% $122.46 2/l/2018 1/31/2019 $37.85 5.00% Registered Engineer $232.56 2/1/2015 1/31/2016 $71.89 $65.88 - $79.82 $244.18 Not Applicable 2/l/2016 1/31/2017 $75.48 5.00% $69.17 - $83.81 $256.39 2/1/2017 1/31/2018 $79.25 5.00% $72.63 - $88.00 $26921 2/l/2018 1/31/2019 $8322 5.00% $7626 - $92.40 Assisstant Level Design Engineer $184.72 2/1/2015 1/31/2016 $57.10 $52.42 - $63.46 $193.96 Not Applicable 2/1/2016 1/31/2017 $59.96 5.00% $55.04 - $66.63 $203.66 2/1/2017 1/31/2018 $62.95 5.00% $57.79 - $69.96 $213.84 2/l/2018 1/31/2019 $66.10 5.00% $60.68 - $73.46 Project Engineer $154.57 1 2/1/2015 1/31/2016 $47.78 $43.76 - $50.00 $162.30 Not Applicable 2/1/2016 1/31/2017 $50.17 5.00% $45.95 - $52.50 $170.42 2/1/2017 1/31/2018 $52.68 5.00% $4825 - $55.13 $178.94 2/l/2018 1/31/2019 $55.31 5.00% $50.66 - $57.88 Analyst $111.44 2/1/2015 1/31/2016 $34.45 $32.70 - $38.48 $117.01 Not Applicable 2/1/2016 1/31/2017 $36.17 5.00% $3434 - $40.40 $122.86 2/l/2017 1/31/2018 $37.98 5.00% $36.05 - $42.42 $129.00 2/l/2018 1/31/2019 $39.88 5.00% $37.85 - $44.55 Draftsperson $124.62 2/1/2015 1/31/2016 $38.52 $30.40 - $46.64 $130.85 Not Applicable 2/l/2016 1/31/2017 $40.45 5.00% $31.92 - $48.97 $137.39 2/1/2017 1/31/2018 $42.47 5.00% $33.52 - $51.42 $144.26 2/I/2018 1/31/2019 $44.59 5.00% $35.19 - $53.99 LPP 15-01 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10-H EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE 42) Specific Rate of Compensation (use for on -call or as -needed contracts) page 3 of (Construction Engineering and Inspection Contracts) Consultant or Subconsultant Kimley-Hom and Associates, Inc. Contract No. RFP 14-037 Date 1/30/2015 Fringe Benefit % + FCCM % + General Administration % = Combined Indirect Cost Rate (ICR) % 38.02% 0.66% 155.48% 194.16% FEE %= 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates Straight OT(1.5x) OT(2x) Effective date of hourly rate From To Actual or Avg. hourly rates % or $ increase Hourly range - for classifications only Project Support $139.63 1 2/1/2015 1/31/2016 $43.16 $35.58 - $52.90 $146.61 Not Applicable 2/1/2016 1/31/2017 $45.32 5.00% $37.36 - $55.55 $153.94 2/1/2017 1/31/2018 $47.58 5.00% $39.23 - $58.32 $161.64 2/1/2018 1/31/2019 $49.96 5.00% $41.19 - $61.24 Admininstrative Support $95.31 $142.96 $190.61 2/1/2015 1/31/2016 $29.46 $25.74 - $34.62 $100.07 $150.11 $200.14 2/1/2016 1/31/2017 $30.93 5.00% $27.03 - $3635 $105.07 $157.61 $210.i5 2/1/2017 1/31/2018 1 $32.48 5.00% $29.38 - $38.17 $110.33 $165,49 $220.66 1 2/l/2018 1/31/2019 $34.10 5.00% $29.80 - $40.08 1. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsultant rums. 2. Billing rate = actual hourly rate* (1+ ICR) * (1+ Fee). Agreed upon billing rates are not adjustable for the tern 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" listing, see page 2 of this Exhibit LPP 15-01 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10-H Exhibit 10-H Sample Cost Proposal (Example 92) Specific Rate of Compensation (use for on -call or as -needed examor ts) (Construction Engineering and Inspection Contracts) Consultant or Subconsultant Kimley-Hour and Associates, Inc. Contract No, REP 14-037 Page 4 of 4 Date 1/30/2015 SCHEDULE OF OTHER DIRECT COST ITEMS Kimley-Dorn and Associates, Inc. Twining Inc Canyon Consultants DESCRIPTION OF ITEMS UNIT UNIT COST TOTAL DESCRIPTION OF ITEMS UNIT UNIT COST TOTAL DESCRIPTION OF ITEMS UNIT UNIT COST TOTAL General Expenses Special Tooling Survey Crew A. Outside Printing/Reproduction each Actual A. See attached Schedule of Lab Fees A. 2-Man Crew Prevailing Wage 1 Hour $250.00 B. Delivery Services each Actual B. B. C. Express Mail/USPS each Actual C. C Travel Travel Travel A. Airfare each Actual A. Airfare each Actual A.2-Man Crew Prevailing Wage 1 Hour $250.00 B. Rental Car per day Acme] B. Rental Car per day Actual B. Per Diem per day C. Mileage mile Federal Rate C. Mileage mile Federal Rate C Lodging per night D. Per Diem per day Actual D. Per Diem per day Actual E. Lodeing per night Actual E. Lodging per night Actual Mise Supplies/Equipment each Actual PRLVIE TOTAL ODCs= S0.00 SUBCONSDLTANT 41 ODC5= $0.001 SUBCONSULTANT 02 ODCs= $0.00 IMPORTANT NOTES: 1. List direct cost items with estimated costs_ hese costs should be competitive in their respecfive industries and supported with appropriate documcnEations. 2. Proposed items should be eairopendy billed directly to all charts (Commercial entities, Federal Gout, State Govt., and Local dean Agency), and,wtjnst when the client ll pay for them as a direct cast 3. Items when incurred for the same purpose, in like cuurmstamee, should not be included in arty hrdirem cost pool or in the overhead rate. 4_ Items such as special tooth,& will be reimbursed at actual cost with supporting docnmenEahov Pavows). 5. Items listed above that wmdd be considered "mole ofdre trade" are not rrimbumable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency. The mica sheuld m+t exceed the State Department of Persomel Administration (DPA) requirements. 7. lfmileage is clavned= the rare should be properly snppmted by due oousnitanYs calculation ofdreh actual vests £m company vehicles. In addifio4 the miles claimed should be snppormd by mleage logs. S. If a consultant proposes rental cents for a vehicle, Ore company must demonstrate that this is their standard procedure for all oftheir contacts and that they do not own any velticles that could be used for the same purpose. hPP 15-01 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10-H EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #2) Specific Rate of Compensation (use for on -call or as -needed contracts) Page I of 1 (Construction Engineering and Inspection Contracts) Consultant or Subconsultant Canyon Consulting Contract No. REP 14-037 Date 1/30/2015 Fringe Benefit % + FCCM % + General Administration % = Combined Indirect Cost Rate (ICR) % NIA N/A N/A N/A FEE%= N/A BTLLTNG TNFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates Effective date of hourly rate Actual or Avg. % or $ Hourly range - for Straight OT(L5x) OT(2x) From To hourly rate increase classifications only Peter Weilbacher/ Vice President Surveying $175.00 1 2/1/2015 1/31/2016 $0.00 - $175.00 Not Applicable 2/1/2016 1/31/2017 $0.00 5.00% - $180.00 2/1/2017 1/31/2018 $0.00 5.00% - $180.00 2/1/2018 1/31/2019 $0.00 5.00% - $185.00 2/l/2019 1/31/2020 $0.00 5.00% - Derek Houston/ Survey Tech LSIT $120.00 $180.00 $240.00 2/1/2015 1/31/2016 $0.00 - $120.00 $180.00 $240.00 2/1/2016 1/31/2017 $0.00 5.00% - $125.00 $187.50 $250.00 2/1/2017 1/31/2018 $0.00 5.00% - $125.00 $187.50 $250.00 2/1/2018 1/31/2019 $0.00 5.00% - $130.00 $195.00 $260.00 2/1/2019 1/31/2020 $0.00 5.00% - $0.00 $0.00 2/1/2015 1/31/2016 - $0.00 $0.00 2/l/2016 1/31/2017 $0.00 5.00% - $0.00 $0.00 2/1/2017 1/31/2018 $0.00 5.00% - $0.00 $0.00 2/1/2018 1/31/2019 $0.00 5.00% - $0.00 $0.00 2/1/2019 1/31/2020 $0.00 5.00% - - $0.00 $0.00 2/1/2015 1/31/2016 - $0.00 $0.00 2/1/2016 1/31/2017 $0.00 5.00% - $0,00 $0.00 2/1/2017 1/31/2018 $0.00 5.00% - $0M $0.00 2/1/2018 1/31/2019 $0.00 5.00% - $0.00 $0.00 2/l/2019 1/31/2020 $0.00 5.00% - 1. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prune and all subconsultant 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 asterisks (`) • For "Other Direct Cost" listing, see page 2 of this Exhibit LPP 15-01 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10-H EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #2) Specific Rate of Compensation (use for on -call or as -needed contracts) (Construction Engineering and Inspection Contracts) Consultant or Subconsultant Twining, Inc. (Subconsultant) Contract No. REP 14-037 Fringe Benefit % + FCCM % + General Administration % - Combined Indirect Cost Rate (ICR) % 70.68% 57.05% 0.00% 127.73% RTT T.TNC, TFORMATION Page 1 of 1 Date 1/30/2015 FEE %- 9% CALCULATION INFORMATION Nanre/Job Title/Classification' Hourly Billing Rates Effective date of hourly rate Actual or Avg. % or $ Hourly range - for Straight 0T(1.5x) OT(2x) From To hourly rate increase classifications only Amir Ghavibazoo, Ph.D, Pavement Engineer $93.98 $140.97 $187.96 2/1/2015 1/31/2016 $37.86 - $98.68 $148.02 $197.35 2/1/2016 1/31/2017 $39.75 5.00% - $103.61 $155.42 $207.22 2/1/2017 1/31/2018 $41.74 5.00% - $108.79 $163.1.9 $217.58 2/1/2018 1/31/2019 $43.83 5.00% - $1M79 $284.69 $379.59 2/1/2015 1/31/2016 $76.46 $130.00 - $174.00 Project Engineer/Technical Adviser (Average) $199.28 $298.92 $39857 2/1/2016 1./31/2017 $80.28 5.00% - $209.25 $313.87 $418.49 2/1/2017 1/31/2018 $84.30 5.00% - $219.71 $329.56 $439.42 2/1/2018 1/31/2019 $88.51 5.00% - Inspectors (ND10 $113.79 $170.68 $227.57 2/1/2015 1/31/2016 $45.84 - $119.48 $179.21 $238.95 2/1/2016 1/31/2017 $48.13 5.00% Not Applicable $125.45 $188.17 $250.90 2/1/2017 1/31/2018 $50.54 5.00% - $131.72 $197.58 $263.44 2/1/2018 1/31/2019 $53.07 5.00% - Inspector (journeyman) * $108.57 $162.86 $217.15 2/1/2015 1/31/2016 $43.74 - $114.00 $171.00 $228.01 2/1/2016 1/31/2017 $45.93 5M% Not Applicable $119.70 $17955 $239.41 2/1/2017 1/31/2018 $48.22 5.00% - $125.69 $188.53 $251.38 2/1/2018 1/31/2019 1 $50.63 5.00% 1- Inspector (Soil) * $103.93 $155.90 $207.86 2/1/2015 1/31/2016 $41.87 - $109.13 $163.69 $218.26 2/1/2016 1/31/2017 $43.96 5.00% Not Applicable $114.59 $171.88 $229.17 2/1/2017 1/31/2018 $46.16 5.00% - $120.31 $180.47 $240.63 2/1/2018 1/31/2019 $48.47 5.00% - L Names and classifications of consultant (key staff) team members most be listed. Provide separate sheets for prime and all subconsultant firms. 2. Billing into = actual hourly rate s (1+ ICR) - (1+ Fee). Agreed upon billing rates are not adjustable for the term of contract 3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. Note: • Denote all employees subject to prevailing wage with an asterisks (*) For "Other Direct Cost' listing, see page 2 of this Exhibit LPP 15-01 January 14, 2015 Local Assistance Procedures Manual Exhibit 10-H Sample Cost Proposal (Example 93) Cast Per Unit of Wodc Contracts (Geoteelmical and Material testing) Consultant or Subconsultant Twining Inc. Contract No. TBD Unit/Item of Work: (Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study) Include as many Items as necessary. DIRECT LABOR Hours Hourly Billing Rate ($) Project Engineer $189.80 Sub-professional/technical* $108.58 Coring equipment $62.50 OTHER DIRECT COST Uk'n(s) Unit Cost R-Value (CTM 301) See Fee Schedule Moisture (ASTM D 2937) See Fee Schedule Maximum Density and Optimum Moisture (ASTM D 1557) See Fee Schedule Sive analysis including Wash for Soil Classification (ASTM Ct36, CTM 202) See Fee Schedule Atteiberg Limits /Plasticity Index (CTM 204) See Fee Schedule TOTAL COST PER UNIT OF WORK EXHIBIT 10-11 Date TBD Page 1 of I Total ($) Notes: • Denote labor subject to Inevailing wage with asterisk("). • Hourly billing rates should ineludeprevailing wagerates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public). • Hourly billing rates include notme/profit. • Mobilization/Do-mobilization is based on site location and number and frequency of tests/items. • ODC items should be based on actual costs mid supported by histmiest data and other doctunentation. • CDC items drat would be considered "trials of the trade"arenot reimbursable, • Travel related costs should be pre -approved by the contracting agency, The rates should not exceed the State Department of Personnel Administration (DPA) requirements LPP 15-01 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 for Consultant Contracts found at htip,Wwww.dot,ca.gov/hq/LocalPrograms/DLA_OB/DLA_OB.him In lieu ofthisform) Certification of Final Indirect Costs: Consultant Firm Name: Kinrey-Horn and Associates, Inc. TBD Indirect Cost Rate: 194.16% *for fiscal period 1/l/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 RFP 14-037 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 tirm'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 tluee (3) calendar years for all State DOT and Local Agencies is $ 62.19N1(Transp./ITS/Transit) and the number of states in which the firm does business is 60 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 EPP IS-0I 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), $ Prince Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ Prima, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Twining, Inc. Canyon Consulting $ TSD Consultant Certifying (Print Name and "Title): Name: Mark E, Atkinson Title: Sr. Vice President Consultant Certification Signature **: Date of Certification (mm/ddlyyyy); 1129/15 Consultant Contact Information: Unail: mark.atkinson(cWiinley, horn.com Phone number: 919-677-2000 **An individual executive or financial officer orthe 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 '`iota: Per 23 U.S.C. 112d)(2)(8), Sul considicnts must cosmply e�iih the FAR Cost Prtneiples comained to 4E CPR, Part 31, 23 Cf"R Yart i72.3 Uefrnih'ons state.• Coruvdttanr means ttze dnd;uidua? er,jtrm prouldireg eng,'r?exrlrrg <rnd design related serWces ns a p'srrty to the cortnnet. Therefore, subconsultants as partles qfa contract must complete a certification and send originals to A&/ and keep copies in Local Agency Project Files. Distribution: 1) Original to Carrans Audits and Investigations 2) Retained in Local Agency Pmjeet Klas Page 2 01'2 LPP 15-01 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 for Consultant Contracts found at http✓/www.dot.ca.gov/hq/LocalProgrtimsIDLA_OB/DLA_OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Twining, Inc. 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 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), Pail 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 Manaecment 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 $ 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: Page 1 of 2 LPP 15-01 January 14, 2015 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 Hoard (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 fifes. Subconsultants (if applicable) Proposed Contract Amount (or arnount 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: Linas Vitkus, PE, GE Title: Senior Vice President Consultant Certification Signature ** Date of Certification (mmlddtyyyy): 1/30/2015 Consultant Contact Information: Email: Arnir Ghavibazoo, PbD 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), Subconsulainis must contoly edth the FAR Cost Principles contained in 48 CFR, Part 31. 23 0172 Part 172.3 Definitions state: Consultant rncans the individual or firm providing engineeringand design related services as a party to the contract. Therefore, subconsudtonts as parfles of a contract most complete a certification and send originals to A&1 and kep calrles in Local Agenc), Project Files. Distribution: 1) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Pr,,joet Files Page 2 of 2 LPP 15-01 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 EXHIBIT D ATTACHMENTS D-1, D-2, D-3 & D-4 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES 18 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 hbovq Nan-collusIf'' fiidavit is part of the Proposal. Signing this Proposal on the signature portion ther of sh II also copgtitu o signature of this Non-colluslon Affidavit. BIDDERS are cautioned that making a f e ce ificatlon ay eject the certifier to criminal prosecution. Signed — j_ / — State of California County of brA Subscribed and sy orn to (or affirmed) before me on this day of }\IoUPtck 20,f, by lbayr'% proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. EMMA SCRTC Commis®Inn # 1SS71A5 ® Notary Public - California Las Angeles County M Comm. Ex iron Jen 21, 2015♦ Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 14-037 Page 26 --- 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-Horn�and Associates, Inc. Signed and Printed Title: Vice President 11-17-2014 Darren Adrian, 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 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. 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. 8, 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 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 prima w 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 Darren Adrian, P.E., Vice President Print Name and Title 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 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.: 14-07 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, shalt 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 appticallons 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 136 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 tRFP 14•037 Page 28 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 US,C. 450e) also applies to the work to be performed under this contraot. 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 $ 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 individuai 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: ContractadSub-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. (" Q - " Signature Print Name and Title Signature Signature Print Name and Title Print Name and Title A--f14-- 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 Client#: 25320 KIMLHORN ACORD,. CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) 2/04/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 NCAMPCT Jerry Noyola PHONE -- FAX A/C, No, Ems: 770-552-4225 _ �c No): 866-550-4082 E-MAIL err no re Iln com ADDRESS: l Y• Yola @g Y 9• INSURER(S) AFFORDING COVERAGE NAIC It INSURER A: National Union Fire Ins Co of P 19445 INSURED Kimley-Horn and Associates, Inc. P.O. Box 330 Raleigh, INC 27636 INSURER B : Commerce & Industry Ins. Co. 19410 INSURER C : New Hampshire Ins. Co. 23841 INSURER D : Lloyds of London 085202 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT R LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY 9645227 04/01/2015 04/01/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1:9 OCCUR PREMISES Ea oNco,'. ce $ 500,000 MED EXP (Any one person) $25,000 PERSONAL & ADV INJURY $1,000,000 X Contractual Liab GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000,000 POLICY FX PRO- X LOC JECT $ A AUTOMOBILE LIABILITY 4982985 04/01/2015 04/01/201 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNED HIRED AUTOS X AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE PE Per accident) __ $ B X UMBRELLA LIAB X OCCUR BE020733086 04/01/2015 04/01/2016 EACH OCCURRENCE _ AGGREGATE _s5,000,000 $5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION$10,000 $ C A AND EMPLOYERS' LIABILITY WORKERS COMPENSATION Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatary in NH) N I A 39901450 39901451 04/01/2015 04/01/2015 04/01/201 04/01/201 X T STATU- OTH- T E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 D Prof. Liab P070831500 04/01/2015 04/01/201 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: On -Call Agreements A-2015-171 & A-209-212. The City of Santa Ana, its officers, employees, agents & representatives are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary & non-contributory where required by written contract. Separation of Insureds applies to the General Liability Policy. Umbrella Follows Form with respeQgr81 &y�Qpb>_Lqy. Lla �.Lfty See Attached Descriptions) / � tions p• ) i�i�/II�`pd0/�17�3Y: �/' �° '` EC.kNfCE I,IEV%EM(uG 0F City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S439773/M395703 JNOY1 SAGITTA 25.3 (2010/05) 2 of 2 #S439773/M395703 POLICY NUMBER: GL 964-52-27 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. oil 0• •' '' This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations The City of Santa Ana, its officers, employees, For All Projects agents & representatives Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. REVIEWED BY. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional inaureda, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by contract oragreement, the most we will pay on behalf ofthe additional insured in the amount ofinsurance: 1. Required by the contract or agreement; or 2. Available under the applicable UmUu of Insurance shown inthe Declarations; whichever inless. This endorsement shall not increase the applicable Limits of Insurance shown in the REVEYVEDOY: Page 2of2 @ Insurance Services Office, |nc,2012 CG2O10O413 POLICY NUMBER: GIL 984'52-27 COMMERCIAL GENERAL LIABILITY CG20330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section U ' Who Is An Insured is amended to include as on additional insured any person o, organization for vvhwrn you are performing operations when you and such parson or organization have agreed inwriting in aoontraot or agreement that such person or organization be added as on additional insured on your policy. Such person mrorganization is an addi- tional insured only with respect to liability for "bodily injury°. "property damage" or "personal and advertising injury" caused, in vvho|o or in part, by; 1. Your acts orominsiona�or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2� Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, A pomon'wor organization'astatum as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following odd\bona|ex- c|uaiono apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or tailing to pnapom or oppmvm, maps, shop drawings, opinions, mpuno, somayo, field nnj*m, uhmn0o orders or drawings and specifications; o/ b Supemisory, inspection, architectural or engineering activities. This exclusion applies even Kthe claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the ^000urrence"vvhioh caused the "bodily in- jury" or "property damage"' o/ the offense which caused the "personal and advertising injury", involved the rendering of or the failure to ender any professional architectural, engineering orsurveying services. 2. "Bodily injury" o, "property damage" occurring after: a. All wn/k, including mete/ie/o' parts or equipment furnished in connection with such work, on the project (other than aemicm, maintenance or repairs) to be performed by o, on behalf of the additional inoumd(s)otthe location ufthe covered operations has been completed; or b. That portion of "Your work" out ofwhich the injury ordamage arises has been put to its intended use by any person or organization other than another contractor o, subcontractor engaged in performing npamdono for a principal as a part of the same project. C. With respect to the insurance afforded ,o these additional insureds, the following is added to Section III - Limits [dInsurance: The most we will pay on behalf ofthe additional insured is the amount ofinsurance: * Insurance Services Office, Inc., 2012 1. Required by the contractor aQmanmriyuu have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, Client#: 25320 IINIIT, 4wW 1.101 ACORD,. CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 5/10/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Jerry Noyola Greyling Ins. Brokerage/EPIC PHONE FAX A/c, No, Ext : 770-552-4225 A/C, No): 866-550-4082 3780 Mansell Road, Suite 370 ADDRESS:_ jerry.noyola@greyling.com Alpharetta, GA 30022 877 908-5619 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Union Fire Ins. Co. 19445 INSURED INSURER B : Commerce & Industry Ins. Co. 19410 Kimley-Horn and Associates, Inc. INSURER C : New Hampshire Ins. Co. 23841 P.O. Box 330 INSURER D : Lloyds of London 085202 Raleigh, INC 27636 INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER: 16-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE ADDLISUBRI WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE U OCCUR 5268169 4/01 /2016 04/01/2017 EACH OCCURRENCE $1,000,000 PREMISES (ERENTED occu ence) s500,000 MED EXP (Any one person) $25 000 X Contractual Liab. PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ( Al JECOT I —XI LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 4489663 4/01 /2016 04/01 /201 COMBINED SINGLE LIMIT Ea accident 11,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B X. UMBRELLA LIAB X OCCUR BE013778306 4/01/2016 04/01/2017 EACH OCCURRENCE s5,000,000 AGGREGATE $5 000 000 EXCESS LIAB CLAIMS -MADE $ DED I XRETENTION $1 O 00O 1 1 1 `+ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER(EXECUTIVE OFFICER/MEMBER EXCLUDED? ® (Mandatory in NH) N / A 15893685(AOS) 15893686 (CA) 4/01/2016 4/01 /2016 04/01/2017 04/01/2017 X IPER OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE - $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional Liab P070831600 4/01/2016 04/01/2017 Per Claim $2,000,000 Aggregte $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: On -Call Agreements A-2015-171 & A-2009-212. The City of Santa Ana, its officers, employees, agents & representatives are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary Y q Y p p e General Liability Policy. Umbrella Follows Form with respects to General Automob le & , l I to � Liability Y Y• p �. .+, ._ to ...—E It : h II:I_:� ( c cn)_.y (See Attached Descriptions) REVIEWED ava �� / l.Cr1 I Iril..H I r- MVLUMM City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701-0000 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S484397/M461305 JNOY1 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The City of Santa Ana, its officers, employees, For All Projects agents & representatives Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 [_ W �UVB...^�.� ryp LAA (FIG � . f_F^ ...._�. }Y .. �.......� C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc 20,12 ^ r CG 20 10 04 13 REVIEWED BrC C 66 &I CE G i kG)66 ..,. ., d.=7E � .... Client#: 25320 KIMLHORN ACORD,. CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 4/12/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT NAME: Jerry Noyola Greyling Ins. Brokerage/EPIC PHONE (A/C, No, Ext>: 770-552-4225 �n/c, No): 866-550-4082 3780 Mansell Road, Suite 370 E-MAIL ADDRESS: jerry.noyola@greyling.com Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Union Fire Ins. Co. 19445 INSURED INSURER B : Aspen American Insurance Compan 43460 Kimley-Horn and Associates, Inc. INSURER C : New Hampshire Ins. Co. 23841 421 Fayetteville Street, Suite 600 -INSURER D ;Lloyds of London 085202 Raleigh, NC 27601 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 17-18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AODL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD/VYYY POLICY EXP MM/DD/YYYY LIMITS A X-._ COMMERCIAL GENERAL LIABILITY 5268169 4/01 /2017 04/01/2018 EACH OCCURRENCE $1 000,000 CLAIMS -MADE I AI OCCUR PREMISES(E.occu RENTED ) $500000 MED EXP (Any one person) $25 000 X Contractual Llab. PERSONAL & ADV INJURY $1 ,000,000 GEN'L AGGREGATE LIMIT APPLLIyIEIS PER: PR POLICY i.......^_I JECOT 'J LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 4489663 4/01/2017 04/01/201 EOaccideDS IINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED X'. HIRED AUTOS %� AUTOS PROPERTY DAMAGE Per accident $ B X'... UMBRELLA LIAB X OCCUR CX005FT17 4/01/2017 04/01/2018 EACH OCCURRENCE $5000000 AGGREGATE $5 000 000 EXCESS LIAB CLAIMS -MADE $ DED X RETENTION$O C A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F (Mandatory in NH) N / A 015893685 (AOS) 015893686 (CA) 4/01 /2017 4/01 /2017 04/01 /201 04/01 /201 X PE OTH- E.L. EACH ACCIDENT $1 00O 000 E.L. DISEASE - EA EMPLOYEE $1 000,000 It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional Liab P070831700 4/01/2017 04/01/2018 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) Re: On -Call Agreements A-2015-171, A-2009-212 & A-2009-212. The City of Santa Ana, its officers, employees, agents & representatives are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary & non-contributory where required by written contract. Separation of Insureds applies to the General Liability Policy. Umbrella Follows Form with respects to Genera , (See Attached Descriptions) REVIEWED BY L-UI+ 6(F I t[ sFk DJ A (pt, ) ()F�� }^^ 1 M4 lkk9." MWLf■ l I CI City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701-0000 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S768434/M695961 JNOY1 DESCRIPTIONS (Continued from Page 1) Automobile & Employers Liability Policies. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. SAW I I A 25.3 (2U14/01) 2 Ot l #S768434/M695961 REVIEWED D BYEUNICE GCE R DNA (r'(-, F � POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POILICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENER4LL|4B|UTYCOVERAGE PARr PRODUCTG/COkdPLETEDOPERAllONSLmB0TYCUVERAGEPART Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, SCHEDULE Location And Description Of Completed Operations PER THE CONTRACT OR AGREEMENT, Information required to complete this Schedule, if riot shown above, will be shown in the Declarations. A. Section U ' Who Is An Insured is omoncled to include as an additional insured zhopursnn(s} o/ organization(a) shown in the Schedule, but only with respect to liability for "bodily injury" or ^p,openvdamagc^caused, in whole or in part, by ^yov/ work" at the location designated arid described in the Schedule of this endorsement performed for that additional insured and included in the "products 'comp|ctodoperations hazavj^ However. 1. Tho insu,anco afforded to such additional insured only applies to the extent pennittod by law; arid 2. If coverage provided no the additional insured is s4vin:d by n contract or agree- ment, the inwoumoo afforded to such addi- tional insured will not he hm^de, than that DG2U378413 which you are required by ,he contract or agreement to provide for such additional insured. B. With mvpont to the insurance afforded to these additional inmurmis, the following is added to Section III ' Limits 0fInsurance: If coverage provided to the additional insured is required by a conlmd or agreement, the mvst we will pay on behalf of the additional insured is the amount of insurance: Y. Required hythe contract nragreement; or 2. Avm|ab|n under the app|innh|* Limits of /nsu' /eoop shown inthe Declarations; whichever is less. This endorsement shall not increase ihe appli- cable Limits of |nnvronce nhuv.n in the Deu|a- 0Insurance Services Office, /no.' 2012 This page has been left blank intentionally. 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