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HomeMy WebLinkAbout20A - AA - BIKE LANES - 5TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: May 2, 2017 TITLE: APPROPRIATION ADJUSTMENT AND APPROVAL OF AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR GRANT FUNDED DESIGN OF PROTECTED BIKE LANES ON SANTA ANA BOULEVARD AND 5TH STREET PROJECT 17 -6880 (NON- GENERAL FUND) (STRATEGIC PLAN NO. 6, 1C) Ctf AANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 "' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Kimley- Horn and Associates, Inc. to provide engineering services for a one -year term with the City option to grant up to two (2) one -year renewals exercisable by the City Manager and the City Attorney, in an amount not to exceed $690,000 over the life of the agreement, which includes a 10% contingency of $63,269, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $740,000 of State Active Transportation Program grant funds in the Traffic System Management revenue account and appropriating the same to the Active Transportation Program expenditure account. DISCUSSION Protected bike lanes (sometimes called cycletracks) put a physical barrier between cyclists and vehicles. Not only does this reduce accidents, but transportation planners believe cycletracks encourage new cyclists. In order to implement our recently updated bicycle master plan, City staff has been aggressively pursuing grant funding for bicycle projects. Active Transportation Program (ATP) grant funding in the amount of $5.4 million has been earmarked for the design and construction of the Santa Ana Boulevard & 5 t Street Protected Bike Lane Project. Of the total funding, the City has secured $740,000 for the environmental clearance and design of the project. The Santa Ana Boulevard & 5 t Street Protected Bike Lane Project begins at the Santa Ana Regional Transportation Center (SARTC) at its eastern terminus, regionally connecting transit riders from all over Southern California. Traveling west, the route passes through the Lacy neighborhood, which includes older homes and high density affordable housing. In this 20A -1 Agreement with Kimley -Horn for Design of Protected Bike Lanes May 2, 2017 Page 2 neighborhood the Project runs immediately adjacent to Garfield Elementary School. Continuing west, the Project provides direct access to Downtown Santa Ana and its many businesses along Third and Fourth Streets, just one block to the South. At the intersection of Santa Ana /Fifth and Ross Streets, the Project will connect with another proposed cycletrack project running north and south along Ross, and provide a direct connection to Santa Ana High School, Heninger Elementary School, the Santa Ana Senior Center, multiple high density and senior housing communities. On March 6, 2017, the Public Works Agency released a Request for Proposals (RFP) to qualified firms to provide engineering design services for the Santa Ana Boulevard & 5t" Street Protected Bike Lanes. The RFPs were also posted on the City website. A total of 7 proposals were received and evaluated by a review committee from the Public Works Agency. Each proposal was rated according to its qualifications, experience, capacity to perform the required work, and pricing data. The following list is a summary of the firms and their respective scores: NAME OF FIRM RANKING Kimley -Horn and Associates 91 Stantec 84 Anderson Penna 83 Mark Thomas 82 KOA 80 IBI Group 70 KPFF 69 Based on the ratings and experience, staff recommends that Kimley -Horn and Associates, Inc. be retained to perform engineering services for this project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review ER- 2016 -97 has been filed for this project. 20A -2 Agreement with May 2, 2017 Page 3 Kimley -Horn for Design of Protected Bike Lanes FISCAL IMPACT Approval of the Appropriation Adjustment will recognize $740,000 of State Active Transportation Program funds in the Traffic System Management revenue account (No. 14817002- 52025), and appropriate the same to the Active Transportation Program expenditure account (No. 14817613- 66220). Funds will be available for expenditure in the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (No. 17 -6880) per the spending plan below: Expenditure Type FY 2016 -17 FY 2017 -18 TOTALS Engineering Consultant $54,000 $636,000 $690,000 Engineering Staff $10,000 $40,000 $50,000 TOTALS $64,000 $676,000 $740,000 APPROVED AS TO FUNDS & ACCOUNTS: �0" - e Xv Fred Mousavipour /Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency FM /EWG /JG /KN /ST Exhibit: 1. Agreement with Kimley -Horn Associates, Inc. 20A -3 20A -4 CONSULTANT AGREEMENT CITY OF SANTA ANA This AGREEMENT is made and entered into this 2nd day of May, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter "CITY ") and KIMLEY -HORN AND ASSOCIATES, INC. (hereinafter "CONSULTANT "). RECITALS A. The CITY desires to retain a consultant having special skill and lrnowledge in the field of protected bike lane design in order to prepare Mans, specifications, estimates, and provide construction support for the Santa Ana Blvd and 5 St Protected Bike Lanes Project. B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to the CITY. C. In undertaking the performance of this Agreement, CONSULTANT represents that it is knowledgeable in its field and that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES CONSULTANT shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to Proceed. 2. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for CITY, a fee of $626,731 in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference. A contingency of ten percent (10 %) shall be available, at the discretion of the Executive Director of Public Works, for services that are currently not anticipated, but may be required to complete the Project. The total sum to be expended under this agreement shall not exceed Six Hundred and Ninety Thousand Dollars and No Cents ($690,000.00) for the term of the agreement. Compensation shall be processed in accordance with Section 18. 3. TERM This Agreement shall continence on the date first written above for a one -year term with the option for the CITY to grant up to two (2) one -year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. EXHIBIT 1 rev. 04n 1/2017 20A -5 Page 1 of 4. INDEPENDENT CONTRACTOR CONSULTANT shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the CITY. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the CITY to exercise discretion or control over the professional manner in which CONSULTANT performs the services which are the subject matter of this Agreement; however, the services to be provided by CONSULTANT shall be provided in a manner consistent with all applicable standards and regulations governing such services. CONSULTANT shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for CITY to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CONSULTANT under this Agreement ( "Documents & Data "). CONSULTANT shall require all subcontractors to agree in writing that CITY is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. CONSULTANT represents and warrants that CONSULTANT has the legal right to license any and all Documents & Data. CONSULTANT makes no such representation and warranty in regard to Documents & Data which were provided to CONSULTANT by the CITY. CITY shall not be limited in any way in its use of tine Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at CITY's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, CONSULTANT shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. CONSULTANT shall maintain cormnercial general liability insurance naming the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of CONSULTANT's operations in the performance of this Agreement, including, without limitation, acts involving vehicles, The amounts of insurance shall be not less than the following; single limit coverage applying to bodily and personal injury, including death resulting therefromn, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, and representatives as additional insu red(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. page 2 of 8 20A -6 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, CONSULTANT agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If CONSULTANT is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to this section: i. CONSULTANT shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the CITY upon execution of this Agreement and shall be approved by the CITY. iii, Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the CTTY. iv. CONSULTANT shall supply CITY with a fully executed additional insured endorsement. F. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY For any work performed prior to approval of insurance by the CITY. 7. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, tines, 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 "), related 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 Page 3 of 8 20A -7 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 indenurity 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 tine amount of indemnification to be provided by the CONSULTANT. 8. INTELLECTUAL PROPERTY INDEMNIFICATION CONSULTANT shall defend and indemnify the CITY, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to the CITY pursuant to this Agreement. 9. RECORDS CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly identifiable. CONSULTANT shall allow a representative of the CITY to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours, CONSULTANT shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement. 10. CONFIDENTIALITY If CONSULTANT receives from the CITY information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, CONSULTANT agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall 'include till 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 lase and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the CONSULTANT disclosed in a publicly available source; (c) is in rightful possession of the CONSULTANT without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the CONSULTANT without reference to information disclosed by the CITY. 11. CONFLICT OF INTEREST CLAUSE CONSULTANT covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflict may be further specified in Cer•tifleations - Exhibit C, attached hereto and incorporated in this Agreement by reference. Page 4of8 20A -8 12. DISCRIMINA'1CION CONSULTANT shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. CONSULTANT affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 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 terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the CITY and by an authorized representative of CONSULTANT. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns 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 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. Page 5 of 8 20A -9 16. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES CONSULTANT shall, throughout the tern 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 i:tunediately 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. 18. PAYMENT'S & INVOICES a. Payment by CITY shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to CITY accounting procedures. CITY shall retain ten percent (10 %) of the invoice amount from each payment until the completed PROJECT has been accepted by the CITY. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by CITY. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: i. CONSULTANT's invoice number and CITY's agreement number ii. Beginning and ending dates for services iii. CITY Project and /or Task Order number and/or name (if applicable) iv. Work site address /location (if applicable) v. Tasks or deliverables completed and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 6of8 20A -10 20. NOTICE Any notice, tender, demand, delivery, or other conununication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To CITY: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M -21) 20 Civic Center Plaza (M. -29) P.O. Box 1988 P.O. Box 1988 Santa Ana, CA 92702 Santa Ana, CA 92702 Fax: (714) 647-5635 Fax: (714) 647-6515 To CONSULTANT: Darren. Adrian. Vice President KIMLEY -HORN AND ASSOCIATES, INC. 765 The City Drive, Suite 200 Orange, CA 92868 Fax: (714) 938 -9488 A party may change its address by giving notice in writing to the other parlay. 'thereafter, arty communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or CITY holidays shall be excluded. Page 7 of 8 20A -11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the clay and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR GERARDO MOUET Clerk of the Council Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney ICIMLEY -BORN AND ASSOCIATES, INC. I� Adrian, Darren Apr 14 2017 1:53 PM By: Gs� PE No. C53031 J N F'UNIC Darren Adrian KHACA Assistant City ATY,orney Vice President 03 Tax ID# 56 -08$5615 RECOMMENDED FOR APPROVAL,: FRED MOTJSAVIPOTJR Executive Director Public Works Agency 20A -12 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES 20A -13 Solution: We will begin evaluating sight lines at the initiation of Project work by recording existing sight line deficiencies in the field observation. Our Designer's will seek to eliminate or improve existing deficiencies and review resulting lines of sight on the design base. Areas of concern are annotated with sight lines drawn on an exhibit for evaluation and documentation purposes. See Figure 4 indicating design consideration. DtivewKays Issue Driveways present one of the most common Figure 4 - Consideration of sight lines is a critical conflicts with cyclist since they are typically uncontrolled element fora safe bikeway. and occur frequently along the alignment. In addition, driveways tend to be a common area where restricted sight lines cannot be feasibly mitigated. Solution: Our Team will review driveway conditions and note those with sight line deficiencies or other elements that may lead to potential conflicts. We will also identify commercial driveways with significant traffic volumes. At these locations, we will consider adding signage and markings to warn vehicles of oncoming cyclists. For unique conditions, we will consider warning devices or other treatments to notify cyclists and potentially slow travel to promote safety. See Figures 5 and 6 for typical examples. Figure 5 - Painted bike lane at driveways. Figure 6 - Flexible delineator and painted bike lane at driveway. We have reviewed the detailed scope of work contained in Attachment 1 of the City's Request for Proposals. The following is intended to supplement and clarify scope items to demonstrate phases of work to be completed, tasks to be accomplished, and deliverables to be provided. Additional items that may be required to complete the scope of work are described at the end of the matrix under the heading "Optional Items ". Design plans and reports indicated herein will follow City standard format unless indicated otherwise. A Drawing List indicating anticipated sheet count is included with our fee in the separate, sealed envelope. We assume a nine -month schedule for design beginning in April 2017 with work completed by January 15, 2018. Our proposed schedule is provided at the end of this section. Task 1: Project Coordination and Meetings Kimsey -Horn will meet and/or communicate with City staff and other stakeholders to coordinate design elements. This encompasses coordination with the OC Streetcar design team and other stakeholders, such Kirnley» )Horn 20A-14 TRE077007.17I City of Santa Ana as Garfield Elementary School. We will conduct meetings and conference calls, and provide pertinent meeting minutes with action items. The also encompasses phone and email communications. The following meetings are included in our scope): • One Kickoff Meeting • Four Monthly PDT Meetings • Three Focus Meetings Deliverables: Meeting agendas, meeting minutes, action items. Task 2: Survey The Kimley -Horn team will provide aerial mapping with supplemental ground surveys at a scale of 1" 20' at the locations of proposed median islands and bulb -outs within the project limits indicated in the RFP. Ground surveys will be used for the areas where more accuracy is needed for design of the proposed median islands and curb returns as shown in the RFP exhibits. This encompasses survey record collection; establishment of horizontal and vertical controls; monument and centerline tie preservation; and establishment of temporary benchmarks. Existing features such as utility covers, pavement limits, private property improvements, curb ramps, driveways, curb & gutter, sidewalk, street lights and poles, traffic signs and striping, will be surveyed where needed for the proposed design and added to the base maps. Existing right -of -way will be input according to readily available records. We assume that complete base mapping and surveying are available within the street car corridor areas, and additional surveys in this area are not needed. Deliverables: Microstation V81 Fifes of Topographic Survey, XML Point File, DTM of existing surface features. Task 3: Geotechnical Investigation Infiltration Test and Soil Suitability: The Kimley -Horn team will conduct a geotechnical field investigation as follows: • Percolation rate test at seven locations within the proposed median islands areas. • One boring at the intersection of 6th Street and Mortimer Street to the depth of 15 feet. • Agronomy /soil fertility laboratory testing encompassing: major element fertility package, agricultural suitability package and USDA particle size analysis Data compilation and geotechnical analysis of the field and laboratory tests, consisting of analyses to evaluate and provide recommendations pertaining to the following: Percolation rate characteristics of the soils. • Atterberg Limits / Plasticity Index. • Moisture and Density. • Suitability of the on -site soils for landscape improvements. • Foundation design criteria for new traffic signal poles or signs. Preparation of a report presenting the results of field exploration, geotechnical laboratory testing, engineering analyses, as well as conclusions and recommendations relative to the project. New pavement structural section will be based on City's available data from OC Streetcar project and other similar projects in the area. Deliverable : Draft Soil Material repori, Final Soil Material Report_ City of Santa Ana I TRE077007.17 20AA 5 Kim Iey >))Horn Task 4: Record Rese, =at -cli and Utility Coordination Kimley -Horn will obtain readily available record drawings and data pertinent to the scope of work such as as -built drawings, GIS mapping, and utility atlas'. We will initiate the utility company notification process early in the design process and identify potential conflicts. We will maintain a Utility Agency Tracking List to indicate status of communications and add a contact list for substructure and utility owner- operators to the specifications. We will assist the City with utility notification letter consisting of the following: 1. Utility Information Request 2. Prepare to Relocate Notice /Final Utility Notice Form 3. Notice to Relocate We assume that utility notices will be on the City's letterhead. All related fees from utility companies are excluded from this proposal. Deliverables: Utility Agency Tracking List, utility Notification Letters Task 5: Water Quality Kimley -Horn will develop a Water Quality Management Plan (WQMP) for the project in compliance with, and meeting the requirements set forth in, Order No. R8 -2009- 0030 /NPDES No. CAS618030, of the Santa Ana Regional Water Quality Control Board. The WQMP will incorporate Low Impact Development (LID) Best Management Practices (BMP) to the maximum extent practicable. For example, the use of bioretention facilities within landscaped parkway areas will be in accordance with the USEPA Green Street standards. If traditional LID BMPs cannot be incorporated, appropriate proprietary BMPs will be selected to improve water quality as a last resort. If proprietary items are needed, these will be indicated in compliance with the City's adopted public contracting code. Deliverables: Draft Water Quality Management Plan, Final Water Quality Management Plan. Task 6: Roadway Design Plans Kimley -Horn will develop roadway design plans for the construction of new raised bike path buffers, bulb -outs, ADA improvements and roadway improvements necessary for implementation of these features as shown on the RFP Exhibits. The plans will show required horizontal and vertical design information. Roadway plans will be prepared at a scale of 1" = 20' horizontal and 1" = 2' vertical for necessary profiles. We will use the field surveys obtained in Task 2 herein and received from the OC Streetcar project for base mapping. Vertical design information for construction of new islands, non-standard curb ramps and bulb -outs will be indicated on the plans with elevation callouts. Curb and flow line profiles will be shown if necessary for improvements exceeding 200 feet in length. Details and Typical Sections will be added as indicated in the Drawing List. Necessary adjustments to surface utility features will be identified and addressed with call outs and construction notes. We will prepare details for items that deviate from published standards. Plan preparation will be coordinated with the OC Street Car design team to encompass other proposed site improvements and verify /remove possible duplication of construction items prior to bid and construction. Deliverables: 30 %, 60 %, 05% and 100% Plans, electronic files in Microstation V81 and PDF (final Plans and Specifications will be sealed and signed), responses to previous review comments from the City. Task 7 Traffic Signal Modification Playas Kimley -Morn will prepare ten traffic signal modification plans along Santa Ana Boulevard and 5th Street. We assume that the single new traffic signal at Santa Ana Boulevard and Mortimer Street will be designed by the OC Streetcar project team per the City's RFI dated March 21, 2017. Installation of signal interconnect, SMFO, conduits, and cables or modification of existing communication systems is anticipated within the project limits and will be shown on the traffic signal plans. Installation of CCTV and video detection cameras are also included and will be incorporated into the traffic signal plans. Traffic signal plans will be at V =20' scale and be designed per City of Santa Ana and Caltrans standards. Kim ley ») Horn nOA —A 6 7REU7700717 1 City of Santa Ana We assume the design to install and integrate the new video detection server in the Traffic Management Center for the communication support to the new video detection systems will be addressed in the technical specifications. Deliverables: 60 %, 95°% and 900% Plans, electronic files in Microstation V81 and PDF (final Plans and Specifications will be sealed and signed), responses to previous review comments from the City. Task 8: Striping and Sigtdng Plans Kimley -Horn will prepare striping and signing plans at a scale of V=40' for the proposed improvements within the limits of the project. We will coordinate this task with the OC Street Car design team for consistency of the proposed striping and signing design along the corridor. Striping and signing plans will be in compliance with the City of Santa Ana standards, Caltrans and California Manual on Uniform Traffic Control Devices. Flashing beacon installation details, if required, will be shown on the striping and signing plans. It is assumed that signing and striping design for Santa Ana Blvd. from Flower St, to Mortimer St. will be included within the OC Streetcar design package. It is assumed that first submittal for Signing and Striping Plans will be at 60 %. Deliverables: 60 %, 95°% and 900°% Plans, electronic files in Mirrostation V81 and PDF (final Plans and Specifications will be sealed and signed), responses to previous review comments from the City. Task 9: Landscape and Irrigation Plans Kimley -Horn will prepare landscape and irrigation plans for proposed islands and bulb -outs within the project limits. These plans will be consistent with the City's Standards and General Plan; City's Scenic Corridor Elements; City's Urban Design Elements; and California's Water Efficient Landscape Ordinance. The plans will take into account City maintenance when developing the design. We assume raised medians will be hardscaped in the areas that require accessibility for pedestrians. Deliverables: 60 %, 95% and 100°% Plans, electronic files in Microstation V81 and PDF (final Plans will be sealed and signed), responses to previous review comments from the City Task 10: Specifications Kimley -Horn will prepare technical specifications based upon the boiler plate supplied by the City. Bid items will be described as required by the plans n in the General Provisions and will be included in the Contractor's bid list. Reference for technical provisions to the City's standards and Standard Specifications for Public Works Construction (Greenbook), Caltrans or other appropriate specifications will be indicated. Construction phasing and staging will be addressed in the Specifications per City's RFI dated March 21, 2017. Deliverables: 60 %, 95% and 100% Specifications, electronic files in PDF and word format (final Specifications will be sealed and signed), responses to previous review comments from the City. 7ask 11: E'stirnates Kimley -Horn will prepare an Estimate of Probable Construction Costs based on estimated quantities. Unit prices will be derived from readily available current bid information on similar work within the area. Backup will be generated for lump sum items. Contingencies will be shown as agreed upon with City staff. Deliverables: 30 %, 60 %, 95% and 100% Estimates, electronic files in PDF 7ask 12. Schedule Shortly after notice -to- proceed, a Gantt Chart format Target Schedule will be provided showing primary tasks and review periods /processing as agreed with the City. Kimley -Horn will maintain a Progress Schedule showing actual progress versus target and provide to the City on a monthly basis. The goal is to have the project design package completed by January 15, 2018. Deliverables: Draft target schedule, monthly updated schedule Task 13: Bid Phase Kimley -Horn will provide services during the bid phase by responding in writing to requests for information (RFI) /clarifications. Our team will assist the City in the issuance of Addenda to the bid package. This consists of making design changes determined necessary to address clarifications. Other design changes, such as those for the Contractor's preference, are not included in this scope. Changes in the overall design concept City of Santa Ana I TRED77007 17 20AA 7 Kimley) ))Horn are not accounted for in this scope. We have included preparation of one addendum with responses to contractor's request for information as part of this task. Deliverables: One Addendum, Design Revision for Addendum Task 14: Construction Phase Kimley -Horn will assist the City during the construction phase by responding to contractor's RFIs, preparing addendums and providing clarifications. This also consists of reviewing contractor's change orders and changed conditions in the field. Changes in the overall design concept are not part of this scope. A 12 -month construction duration is assumed. We have included: one meeting, up to six RFIs, up to eight contractor submittal reviews, one field observation, and one addendum. Kimley -Horn will prepare record drawings by updating the approved design drawings based on one set of redline markups provided by the Contractor or City staff. Independent verification is not included in this scope. Significant deviations from the original design documents are not accounted for in this scope. The purpose of the record drawings is to create a deliverable that will represent the built condition for the City's records as recorded by the Contractor. Deliverables: Record Drawings - 1 hardcopy and 1 electronic (both PDF format and Microstation V81) Optioltal Items Potholing: Provide vacuum excavation potholes to positively identify utilities where conflicts may exist. This data will be used for traffic signal modifications and other potential conflict locations with the proposed improvements. Up to two days of potholing are included in this optional scope (approximately ten potholes). Deliverables: Potholing Report (four copies) Assumption: All Plans, and Specifications submittals for 30 %, 60% and 90% will be in electronic (PDF, Word) format. One final submittal will be hardeopy. Mass production is not included as part of the scope of work. OTAMW Kimley >Morn 20A -18 TRED77007.17 I City of Santa Ana • 4/19 Research 1 ise Mapping LVA to NM NNIN y >n and Estimate WAWA f ms, and Estimate - WX 0 ions, and Estimate W 20A -18 TRED77007.17 I City of Santa Ana EXHIBIT S COMPENSATION Pee Proposal including hourly rates 20A -19 KimfeyI)Morn City of Santa Ana Santa Ana Boulevard and Sth Street Protected Bike Lane Project NPP No. 17.026 IUmaoe APN lv, mil ud, Pttlbol l'M]Jmdtloa apJ IWO, 1. 16 BE 10 110 5 41,8.W.W $ 81,686O Tt42 ®IIrMy 3 6 9 4p x 5 41,9M1B.W e lam— 59 S &YxO.W 9 09.4WW TCEk9 fxY01EMMapI II1VYYllbill tlb —a��_ 1 1 G E 9 EI,096Up x1 5 Y959.W � $ x9,855.W Tevkb NOeUIU NbeSalCI1 tlI1J UII111y CaNtllnallon d B �.. M 0 N1 $ >,SxOW I 6 1X,91CW Y�109 % AIAMp$ 1),$Y W Tadktl ICPeJYpy00Elb�l Ylalb �` tli 9E 1]p 816 3W 12Va ` f 191.9]4W 9 894gAL0 LEI i1T1Atl 110 pal MaJlflpe 1111 Plant 4 tl 00 65 98P Y69 ] $ SAMU$ 61tl $ 9xA. $ A0.W. Ti[k8 SII10,.08gPUq —A� 31 9 8 IM 91 8 $ 5.841]$ xY8 $ 3y935M $ tlb.81i YE iIAI U441 "NIUI11IbaUpP 9 A 168 —V 9P xi4 i dU S`�6tl,M5.M$ 60.49SW iasp {0' $11141010111 B .� SJ' M LO 1 IIE 9 iP,A]OPo $ xA.M . in eY 11 cY »i Fatlmuta _— e 6 lz —_ix 4ry 2Pµ 1 Li 4 iR]8UM E ss)W,a TPYA it ;;,Id11. �r�W �..�� 0 80 l9 S x,96nm 6 YbSa.W ftl tlA 18 bIJ PbYYbr i Il % fi:IBO.(0 $ 6,S86W YY al ld Cop aiNallaP PO Ya�_� —au 4 xi 19 »fi S6 x$fl $ Yib9LLW $ xi,$%AN Tp3p8N9UAA 33b 10, UA '`JYO td44 A%0 SPi iSAT 6 tlbUl $ EMI. $ xBpW $ b 6o S 6i a9U 6 xM Eeb E 1095W E S,6CD S it ms _— i a.xgU f xL6]s 9 515 )?p $ 61P (6b f }61W k) P x.i BI ��1 93 119 d19 13 _ a k PPE YI 6pgltl anlatlo of Moor tuo f lM 6 IMv, - -f . TAIAeMSY O. L- d 6Lii$!1 wamami S.CVeIw liU walwnf 5 zP.cpa �'� ';.TUUl5P5TlbItMW110NAL ItFMS � � �m �RPUPY 20A -20 EXHIBIT C CERTIFICATIONS 20A -21 Appendix ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CGRTII+ICNHONS CONSTRUCTABILITY REVIEW NON - COLLUSION AVIT AffU (`Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMEW 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 ¢t 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 share; 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 BIT) DER has trot, 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 abo e Non -c usron Affidavit is part of the Proposal, Signing this Proposal on the signature portion the eof s mall al 6 a n }8 ittute signature of this Non - collusion. Affidavit. BIDDERS are cautioned that malting a f sc c ztifip ion !pay subject the certifier to criminal prosecution, Signed State of California County of Q? Subscribed and sworn to (or alUrmo(l) before me on this (^sl day of 1 4t i 20L7, by proved to me on the basis of satisfactory evidenoe to be the person(s) who appeared before me.. City of Santa Ana RFP Page A3 -1 20A -22 I-MMA SORTt) 0 crsMM.rt2tnonya "NO > PPusLIC•CALIFOaNN 7l) OP2AN ©�' OtlUN'1'Y CI COMM.EXPIRES JAN.21, p Notary Public 9lgtlatUr'8li�u1'"9 City of Santa Ana RFP Page A3 -1 20A -22 Appendix ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY UVIEW The prospective participant cerfifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, drat: I . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person foruifluencing 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 malting of any federal grant, the malting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. if any &rods other than federal appropriated thnds 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 it Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed. by Section 1352,'ritle 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 Signs Title Vine President Date___ March 21.2017 Wage A3 -2 20A -23 Appendix ATTACHMENT 3 -2: NON-LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and subnnitting 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 die awarding of any federal contract, the making of any federal grant, the marking 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 finds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a. Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grunt 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 tower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. FirYn Fehr & Peors Signed and Printed Name: 'title Date 3/17/2017 City of Santa Ana RFP Page A3 -2 20A -24 Appendix — ATTACHMENT X -2: NON - LOBBYING CERTII+ICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW 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 far 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 milting 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 hands 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 o'f'fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for snaking or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal that lie or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Towill, Inc, Signed and Printed Name: _._.__c 1 ri • Dawn Antonucci -- - - -- Title Date 03/17/17 City of Santa Aria FFP Page A3 -2 20A -25 Appendix ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW 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 fonds 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 to connection with the awarding of any federal contract, the making of any federal grant, die making of any federal loan, the entering into of any cooperative agreement, and the extension, cominuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any £roads 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 feet 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 orproposal 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 ecttify and disclose accordingly. Firm_— ,Twinin Signed and Printed Name:.., Paul Soltis, PE 56140, GE 2606 Title Vice President, Geotechnical Operations Date March 20, 2017 — City of Santa Ana RFP Page A3 -2 20A -26 Appendix ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the hest of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid„ by or oft behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any fedeia] agency, a Member of Congress, an officer or employee of Congress, or tan employee of Member of Congress in connection with the awarding of any federal contract, the raking of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amcndntont, or modi ftcation of ary federal contract, grant, loan, or cooperative agreement. 2. If tiny finds other than federal appropriated fiords have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, n Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grantloan, 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 transuction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who falls to file the required certification shall be subject to a civil penalty ot'nat less than S 10,000 and not more than SI00,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that Ire 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. C Below tile. Signed and Printed Name: Title ChicrExecutiveorficer Date 3/21/2017 C,f >rou, Chris L.ocra City of Santa Ana RFP Page A3 -2 20A -27 EXHIBIT D NOT USED 20A -28