PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND INFRASTRUCTURE ENGINEERS
This Agreement is made and entered into as of June 15, 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, , San Bernardino, CA 92401 ("City"), and Infrastructure Engineers, a California S Corporation, with its principal place of business at 3060 Saturn Street, Suite 250, Brea, CA 92821 (hereinafter referred to as "Consultant"). City and Consultant are hereinafter sometimes referred to individually as "Party" and collectively as the "Parties."
RECITALS
City is a public agency of the State of California and is in need of professional services for the following project:
Construction Management and Inspections services for the Installation of Advanced Dilemma Zone Detection at 49 Intersections on Three Corridors:
Baseline Street, Mount Vernon Avenue, and Highland Avenue (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
Subject to paragraph 4(b) below, the City shall pay for such services 1 in accordance with the Schedule of Charges set forth in Exhibit "A" b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $110,630. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction.
City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing
6. Term. The term of this Agreement shall be from June 15, 2022 to June 15, 2023, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
7. Maintenance of Records: Audits.
a. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and 2 timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
C. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant's performance shall conform in all material respects to the requirements of the Scope of Work.
3 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City's Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant's and its subconsultants' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the 4 performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
C. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. 5 Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
6 g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any 7 such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (ili) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VIl and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
Additional Insurance Provisions
8 The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project." Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City, indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys' fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement. 9 b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seg. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.
Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
10 21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days' written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. Attorneys' Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney's Office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant's professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and 11 Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Raymond Abassi as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY: CONSULTANT:
City of San Bernardino Infrastructure Engineers
Vanir Tower, 290 North D Street 3060 Saturn Street, Suite 250, Brea CA San Bernardino, CA 92401 92821
Attn: City Manager Attn: Raymond Abassi, Project Manager With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
any rights or Tened Pao Rights terhing the hiy anement sal be construed to give
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. These nondiscrimination obligations shall include compliance with the statutes and authorities outlined in Exhibit "B", attached hereto and incorporated herein by this reference.
Entire Agreement. This Agreement, including Exhibits represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements 12 have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City's Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct 13 interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
Federal Requirements. Consultant acknowledges and agrees that it shall comply with Federal requirements controlling the services provided under this Agreement.
These requirements are more particularly described in Exhibit "C", attached hereto, and incorporated herein by this reference.
[SIGNATURES ON FOLLOWING PAGE]
14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND INFRASTRUCTURE ENGINEERS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO CONSULTANT
Infrastructure Engineers
PPROVED B'
21 Zur
Robert D. Field Signature
City Manager
Sid 1. Mousavi
Name
TESTED BY:
CEO
Genoveva Rocha, CMC Title
City Clerk
APPROVED AS TO FORM:
Best & Krieger LLP
City Attorney
EXHIBIT A
SCOPE OF SERVICES/SCHEDULE OF CHARGES
[ATTACHED]
16 Proposal for:
Construction Management &
Inspection Services
Federal Project HSIPL 5033(057)
City Project TC20-008
Drawing No. 13439
City of
San Bernardino
California
BONDED HIN
FRAS TRUETUR Prepared and Submitted by:
2 Infrastructure Engineers
ENGINEERS April 21, 2022
3060 Saturn Street, Suite 250
Brea, CA 92821
Phone: (714) 940-0100
Fax: (714), 940-0700
E www.infrastrueture-engineers.com
MIGINEERS
April 21, 2022
City of San Bernardino
Public Works Department
Engineering Division
ATTN: Azzam Jabsheh, PE, TE, PTOE Traffic Engineer
201 North "E" Street, 2^° Floor
Dear, Mr. Jabsheh:
Subject: Proposal to Provide Construction Management and Inspection Services to Install Advance Dilenna Zone Detection System at Forty-Nine (49) Signalized Intersections, Federal Project HSIPL 5033(057), City Project TC20-008
Infrastructure Engineers (IE) is pleased to submit our proposal to Provide Construction Management and Inspection Services to Install Advance Dilenna Zone Detection System at Forty-Nine (49) Signalized Intersections in the City of San Bernardino.
IE was established in 1994 with a clear mission to provide high quality construction management and inspection services on complex projects to cities throughout Southern California. Our team is comprised of industry leaders and seasoned experts with extensive experience that allows us to offer a broad spectrum of services in the areas of specialized earthwork, concrete and asphalt paving, highway, electrical/traffic signal/lighting/fiber optics, bridge and grade separation construction, stormwater pollution prevention plans, office engineering, Critical Path Method scheduling, and dispute resolution.
We understand the City of San Bernardino seeks an experienced Project Manager, Construction Manager, and an accomplished Inspector, to oversee and monitor the Federally Funded HSIPL-5033(057) project.
Anticipated duties include attending pre-construction meetings, reviewing shop drawings and submittals from the contractor, providing field inspections of work in progress to ensure compliance with plans and specifications, filing all required forms for Caltrans Local Assistance, providing labor compliance, taking digital photos of each construction phase throughout the duration of a project, serving as inspector of record to create redline(s) on as-built drawings for work inspected; and processing submittals, Requests for Information (RFls), Requests for Changes (RFs), Contract Change Orders (CCOs), field directives, Notices of Potential Claim (NOPCs), and Non-Conformance Reports (NCRs).
The IE team is fully equipped to meet the City's needs and offers the City of San Bernardino the following features and benefits:
Proven Project Manager Who Understands Construction Projects Our proposed Project Manager, Raymond Abassi, MSCE, TE, PE, QSD/QSP has 35 years of experience serving as a Resident Engineer and Project Manager on pavement rehabilitations, storm drain utilities, parks and recreation, municipal buildings, utility relocations, and traffic signal improvements. His vast experience brings expertise in the fields of contract administration, change order negotiation, budget and resource allocation, shop drawings review and approval, administration of safety meetings, CPM scheduling, implementation of SWPPP requirements, fugitive dust mitigation, coordination of construction activities and progress meetings, public outreach and communication with local business owners, preparing and maintaining detailed field inspection safety reports, auditing and approving shop i Page
Pine (sal tS ignavide nersections, Federal Proğeed HSTPL.5033(057), ctty Projet IC20-Dilenna Zone Detection System at Forty.
City of San Bernardino
April 21, 2022
Page ii
drawings, conducting final inspections, preparing punch lists to verify project completion, and overseeing day-to-day field operations.
Proven Construction Inspector Who Understands Construction Projects Our proposed Senior Inspector, Mr. Alcala has over 31 years of transportation and traffic engineering design and inspection experience, including construction of traffic signals, and ITS communication/fiber systems projects. Mr. Alcala is certified as International Municipal Signal Association level 2 (ISMA-2) and has worked for cities throughout Los Angeles, Orange, San Bernardino and Riverside Counties and other agencies in Southern California.
Meeting the DBE Requirement
IE will also be utilizing ZSE & Associates (ZSE) for construction management, program management, funding administration, compliance management including labor compliance, construction coordination, administrative work, and community outreach if needed. ZSE was incorporated in 2022 and is a 100% woman-owned California Corporation. Not only will ZSE bring their expertise to this project, but they will also fulfill the disadvantaged business enterprise (DBE) requirement of 22.2% as they are certified as a DBE, minority business enterprise (MBE), women business enterprise (WBE), and small business enterprise (SBE).
A Solid Track Record in Performing Construction Management and Inspection Services Members of the IE team have completed numerous roadway/highway projects by providing contract administration, construction management, and construction inspection services. Team members have served construction management and inspection services across Los Angeles, San Bernardino, Riverside and Orange Counties. We understand fluctuating workloads and other issues and, as a small firm with deep resources, we offer the flexibility and responsiveness needed to support the City of San Bernardino for this contract. The IE team has delivered several federally funded projects and is familiar with Caltrans Local Assistance Procedures Manual (LAPM) and related forms and paperwork.
A Local Firm in the City of San Bernardino for Immediate Response to the City's Needs One of IE's three offices is located in the City of San Bernardino and all work will be executed directly from this location. We are less than 15 minutes away from the City of San Bernardino and can offer an immediate response to any of the City's needs. We always answer our phones during business hours, and we can be reached 24 hours a day on our cellular phones for our clients. We recognize that responsiveness is a key attribute of a firm providing excellent service, and our close proximity for rapid deployment is one reason why we are confident in our ability to serve the City of San Bernardino for construction management and inspection services.
A Flexible, Multi-Skilled Staff
As a rule, the IE team provides staff with multiple skills to complete projects with the smallest possible field team. All our on-site field members are selected based upon their ability to provide expertise in multiple disciplines. Our project experience is extensive and varied including night work, extended weekend closure, work within lane closures, and can operate in vast geographical areas of administration, construction inspection, and materials testing services. We are well accustomed to responding to the changing needs of the clients on construction projects and know how to keep pace. 3060 Saturn Street, Suite 250 | Brea, CA 92821 | Phone: (714) 940-0100 | www.infrastructure-engineers.com Prne (al) Sirovize Constsectio aederem Projeed isipi ion 057, Cl Projed T020e Dienna Zone Detection System at Forty- City of San Bernardino
April 21, 2022
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Cost Effective Services for Efficient Management of Complex Projects IE maintains a very aggressive cost control system to ensure that we are competitive in the industry and cost effective for our clients. Our current fee schedule provides all-inclusive rates that are the same for straight overtime, even on projects requiring payment of prevailing wages for field staff. All truck, phone, computer, and travel time costs are included in our fee structure. This system simplifies tracking and stops overtime and direct costs from chipping away at the budget.
Raymond Abassi, our Project Manager, will serve as the contact person throughout the evaluation period and will be responsible for the services listed in the RFP. Ray can be reached at (714) 940-0100, or by email at [email protected].
As Chief Operations Officer, I am authorized to represent and bind the firm to all commitments made in this proposal. I can be reached by telephone at (714) 940-0100, or by email at FDorrani@infrastructure- engineers.com. We have read, understood, and agreed to all statements in the Request for Proposals (RFP) and acknowledge receipt of all addendums/amendments as well as to the terms, conditions, and attachments referenced. Additionally, we recognize that this submittal is to remain valid for up to 120 days from the date of submittal.
Sincerely,
Infrastructure Engineers
Farzad Dorrani, MS
Chief Operations Officer
3060 Saturn Street, Suite 250 | Brea, CA 92821 | Phone: (714) 940-0100 | www.infrastructure-engineers.com Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
Table of Contents
1. Scope of Services .....
2. Project Team, Organization Chart, and Resumes. 2
3. Deliverables and Forms 11
4. Lump Sum Fee... 11
5. Exhibit 'A' - Project Location Map... .... 12
6. Addendum......................... .............. 13
7. Caltrans Forms.. ......... 13
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Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022|
1. Scope of Services
It is our understanding that the City of San Bernardino is requesting proposals from qualified firms to provide staff augmentation for Construction Management and Construction Inspection services for a Highway Safety Improvement Program (HSIP) funded project.
The City of San Bernardino is seeking the services of an experienced consultant to provide a construction inspector who possesses knowledge of traffic signal hardware, is ISMA-2 certified, and familiar with Caltrans construction procedures and specifications for traffic signal construction management and inspection services for this federal project. As your Construction Management and Construction Inspection (CM/IS) consultant, Infrastructure Engineers (IE) will manage and inspect the improvements of the project in the areas specified in the Request for Proposal (RFP). IE will act as the liaison between the City and outside contractors, engineers, and property owners on construction projects and construction inspection. IE will also respond to inspection requests and coordinate inspections with other City departments and public utilities
The project scope is to install an advance Dilemma Zone detection system at forty-nine (49) signalized intersections along Mt. Vernon Avenue, Highland Avenue, and Baseline Street. It is also our understanding that the City wishes the consultant work under general supervision of the City Traffic Engineer, perform detailed inspections of the removal and installation of traffic signal equipment, including traffic signal poles, high definition video detection system / hybrid video detection camera with radar sensor, signal heads, controller and cabinet installation push buttons and all components for a fully operational advanced Dilemma Zone detection system. IE will also perform complete construction management services including responding to Requests for Information (RFls) and traffic signal plan clarifications and interpretation of the various traffic signal components including the dilemma zone system shown on the plans. Per requirements of the RFP, IE will interpret plans and design specifications to ensure project compliance with Caltrans standards and construction contracts specifications; prepare detailed project inspection reports; and perform related duties as assigned.
It will be IE's responsibility to complete the Bidder Disadvantaged Business Enterprise (DBE) Commitment Form. IE will also confirm the Prime Contractor is not subcontracting work which they are required to do with our own forces, verify that subcontractors are not on the Department of Industrial Relation's Debarred Contractor's List, will review the labor provisions of the contract with the contractor at the pre- construction meeting, obtain certified payrolls and owner operator listings, check all certified payrolls, conduct employee Interviews, maintain written evidence of apprentices employed on the project, cross check daily reports, interviews, payrolls and wage rates in order to determine contractor and subcontractor compliance, document that the required posters and wage rates are displayed at the job site, compare all force account (time and material) billings to certified payrolls, take action for payroll delinquencies, discrepancies and inadequacies, review the DBE Provisions of the contract and the DBE Commitment Form with the contractor and construction staff at the pre-construction meeting, compare the DBE Commitment Form (Exhibit 15-G) and the Contractor's Subcontracting Request (Exhibit 16-8) prior to Approving the Subcontracting Request, withholding payment if DBE commitments were not met.
IE will also collect certificates of compliance, check traffic signal hardware based on buy America requirements per Chapter 16.11 of the LAPM under the Quality Assurance Program and analyze the need of change orders, negotiate, and finalize. IE is familiar with completing the applicable forms during the construction period per the Local Assistant Procedure Manual Chapter 16. 1 | Page
Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
2. Project Team, Organization Chart, and Resumes
Organization Chart
DERNARDINO
May CAL
WOUNDED IN 191D
Raymond R. Abassi, MSCE, TE, PE, QSD/QSP
Project Manager
ZSE & Associates
Subconsultant
David Alcala Saba Engineer
Senior Inspector Construction Manager
Construction Management, Labor
Compliance, Fund & Program
Management, Construction Coordination,
Administration
2 | Page
Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
Team Resumes
Raymond Abassi, MSCE, TE, PE, QSD/QSP
Project Manager
Education:
• MS, Transportation, Ray Abassi has 35 years of professional experience in both civil California State University, and traffic engineering design, as well as project management.
Long Beach, CA He has professional certifications in the field, including • BS, Civil Engineering, professional engineer, traffic engineer as well as storm water University of South Florida, management. Ray's experience covers all aspects of traffic Tampa, FL engineering, including signal design and operation. Ray's traffic experience includes traffic operations and associated design Registrations/Certifications: elements including impact studies, traffic circulation, feasibility studies, transportation planning and preparation of the PS&E for • Registered Civil Engineer,
traffic safety improvements. In addition, Ray has provided CA, No. 48091
contract City Engineer and City Traffic Engineer services to • Registered Traffic
various cities in southern California.
Engineer, CA, No. 1759
• Registered Civil Engineer, Relevant Experience
FL, No. 41797 Contract City Engineer/City Traffic Engineer, City of Bell • Qualified SWPPP Gardens, CA.
Developer, QSP/D Ca, No. Ray provided city engineering and city traffic engineering 41797 expertise to help the City implement CIP projects. There were Years of Experience: 35 several significant projects completed in the City while Ray was the City Engineer. Ray also implemented many safety
improvements, including intersection traffic signal modifications and traffic signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, speeding, and cut-through traffic. Ray attended City Council meetings to provide needed expertise to help the Council members decide on engineering issues.
Contract City Traffic Engineer, City of Calexico, CA - Second Street Widening and Realignment.
Responsible for providing oversight of the widening of Second Street from a two-lane to a six-lane facility.
The project's design and construction for Phase 1 were completed on schedule and within the budget with minimal change orders; Phase 2 is currently in the design phase.
Project Manager, Baldwin Avenue Reconstruction and California Avenue Reconstruction, City of Baldwin Park, CA.
Project Manager responsible for final design PS&E for the reconstruction and widening of two roadways within a residential area. Each was approximately 1,300 feet in length. In addition to plans, specifications, and engineer's construction cost estimate, both projects were located within assessment districts and required the generation of an assessment report and map to apportion assessment fees to owners based upon benefited frontage. Sufficient detail was required within the design to properly identify and assess 3 | Page
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Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
the numerous modifications required on private property. Close coordination was required with City staff and affected utility companies.
Contract City Traffic Engineer, City of Montebello, CA.
Ray provided traffic engineering expertise to help the City implement many safety improvements, including intersection traffic signal modifications and traffic signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, speeding, and cut-through traffic. He would attend the Traffic Safety Commission and the City Council meetings providing needed expertise to help the Council members and Commissioners decide on traffic-related issues.
Traffic Engineer, Olympic Boulevard Signal & Traffic/Street Improvements, Los Angeles County, CA.
Responsible for design of signing and striping associated with traffic engineering elements including, traffic signal improvements and street improvements to Olympic Boulevard for the County of Los Angeles, per County and Caltrans standards.
Contract City Traffic Engineer, City of Hermosa Beach, CA.
Ray provided the traffic engineering expertise to help the City implement many safety improvements, including intersection traffic signal modifications and traffic signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, speeding, and cut-through traffic. Ray attended Public Works Commission meetings, providing needed expertise to help the commissioners decide on traffic-related issues.
Contract City Engineer/City Traffic Engineer, City of Maywood, CA.
Ray provided city engineering and city traffic engineering expertise to help the City of Maywood implement CIP projects. Several significant projects were completed while Ray was the City Engineer.
Those projects included American Recovery and Reinvestment Act street improvements, Los Angeles signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, and speeding and cut-through traffic. He would attend City Council meetings to provide needed expertise to help the Council members decide on engineering issues.
Contract City Traffic Engineer, City of La Puente, CA.
Ray provided traffic engineering expertise to help the City implement many safety improvements, including intersection traffic signal modifications and traffic signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, speeding, and cut-through traffic. Ray attended City Council meetings to provide needed expertise to help Council members and Commissioners decide on traffic-related issues.
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ENGINEE
Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
ZSE & Associates
Subconsultant
Education:
Saba Engineer, MSCE, PE
• MS, Civil Engineering,
Construction Manager
Georgia Institute of
Technology ZSE & Associates is a certified minority business enterprise, BS, Civil Engineering, women business enterprise, disadvantaged business enterprise N.E.D. University of and small business enterprise (MBE, WBE, DBE, SBE) founded in Engineering & Technology 2022 by Saba Engineer. Saba's 31 years of practice have resulted in a solid foundation of experience and technical expertise and a Registrations/Certifications: dedication to integrity, excellence, and quality. We are proud of our strong reputation in meeting aggressive schedules and our • Professional Engineer, ability to multi-task to provide our clients specialized attention California (CE) No. 55518 and service. Services offered by ZSE include Construction • Project Management Management, Labor Compliance, Fund & Program Management, Training Program (PMP) Construction Coordination, and Administration. Saba's relevant Certificate, City of Los experience appears below:
Angeles Relevant Experience
Years of Experience: 31 Acting Deputy Director of Public Works/City Engineer/ Principal Civil Engineer, City of San Bernardino, CA (2016- 2021).
Under general direction of the Interim Director, Saba assisted in managing, supervising, and coordinating activities and operations of the Public Works Department. As the Acting Deputy Director of Public Works, she provided executive level support to the Director of Public Works. Saba organized, directed, and reviewed operations and activities in the Engineering Division. She assumed responsibility for assignment, supervision and review of work of professional and technical employees. Saba oversaw and managed Capital Improvement Programs (CIP). Approved plans and specifications for bid packages. Approved off site improvement plans for the private development. Prepared FY 17/18 CIP budget. Approved and signed record of survey. Worked in partnership with San Bernardino County Transit Authority (SCTA) to manage and oversee Redland Passenger Rail Project, Downtown San Bernardino Passenger Rail Project, and Lilac to Rancho Double Track Project within the City of San Bernardino. Oversaw and managed Real Property activities.
Consultant Project Manager, Public Works - Project Management Division, City of Irvine, CA (2015-2016).
Worked as a Consultant Project Manager to administer and coordinate the design and the construction of complex projects to final construction. Administered and coordinated the capital improvement plans, and to enforce contract compliance. Prepared requests for proposal for design consulting services and surveying services. Prepared bid packages and notice to invite bids to advertise projects to receive construction bids. Directed and participated in project development including definition of scope, confirmation of budget, generation of plans and specifications. Coordinated the bidding process and 5 Page
Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
recommends approval and award of project. Managed design consultants, monitor progress and reviewed their invoices for processing.
Senior Civil Engineer, Department of Public Works, City of Grand Terrace, CA (2015).
Worked as a Senior Civil Engineer in management level reporting directly to the Interim City Manager to oversee and perform Public Works related duties. Planned, organized, controlled, managed, and evaluated the work of capital projects engineering, survey, and inspection units, with staff. Participated in establishing operational plans and initiatives to meet CIP goals and objectives; implemented plans, work programs, and project management processes/procedures to achieve division performance expectations; coordinated and integrated assigned functions and responsibilities to achieve optimal efficiency and effectiveness. Worked on updating traffic circulation fee. Managed City Fleet. Served as a Board Member for Oversight Committee for Successor Agency for former Redevelopment Agency.
Senior Civil Engineer, Department of Public Works, County of Monterey, CA (2012-2015).
Worked as a Senior Civil Engineer on management level under the direction from the Director of Public Works on Capital Improvement Program (CIP) and to supervise, plan and organize Traffic Engineering, Encroachment Permit, Community Development and Transportation (Traffic Study Review to estimate traffic related fees) sections for the County of Monterey, Resource Management Agency, Department of Public Works Issued encroachment permits, imposing conditions of approval for the developments, implementing different traffic related fees on developers and reviewing construction and building permit applications. Conducted environmental review and construction permit principles, procedures, and documents. Planned and evaluated the performance of assigned staff; establishes performance requirements and personal development targets. Worked with Monterey County Community Housing Improvement Systems and Planning Association Inc. and County Economic Development Agency (formerly Redevelopment Agency) on several housing projects.
Principal Civil Engineer, Department of Public Works, City of Rialto (2008-2011).
Worked as a Principal Civil Engineer to run Capital Improvement Program (CIP) for City of Rialto, Department of Public Works to serve as a project manager on engineering project design and implementation; to ensure work quality and adherence to establish policies and procedures; and to provide complex assistance to the Public Works Director/City Engineer. Duties included to establish schedules and methods for providing engineering services; identify resource needs; review needs with appropriate management staff; allocate resources accordingly plan, prioritize, assign, supervise, review and participates in the work of staff responsible for providing professional engineering services in the design and construction of Public Works projects vary in nature from street, sewer, storm drain, and water to building, renovation, park refurbishment, new parks, and monument signs. Supervised adequate staff and handling over 30 projects with construction cost ranging from few hundred thousand to 15 million. Negotiated right of way agreements, professional service agreements, and cooperative project agreements with other agencies like Caltrans, SANBAG and county of San Bernardino. Located and obtained outside funding sources for public infrastructure projects through writing grant applications for various available grants.
Project Manager, Department of Public Works, City of Los Angeles, CA (1990-2008).
Worked as a Project Manager in Street Program. Managing multiple street projects in Harbor District and Central District and demonstrated the qualities of a good Project Manager such as good technical coordination, presentation skills, negotiations, construction management, oral and written 6 | Page
Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
communication skills and project planning and scheduling. Played very active role in preparing the Work Program Resource Requirements (WPRR). Worked with Department of Water and Power (Water System), Council Offices District 4 and 13 to deliver Silver Lake Reservoir Improvement Project Phase I, Il and Ill.
Worked with LADWP to utilize State Funding for this project. Coordinated with Harbor Department, Port of Los Angeles, Port of Long Beach and Alameda Corridor Engineering Team to complete construction of Port Access Demonstration Projects. Worked with Mayor's Office and Community Redevelopment Agency (CRA) to deliver EDA funded Chandler Boulevard Widening, EDA Harbor Gateway and EDA Glendale Boulevard improvement Projects. Worked closely with Council Offices District 1 and 14 and Council Legislative Analyst (CLA) Office deliver Alameda / N Spring Street Arterial Redesign Phase I, II and V.
Started Construction on Los Angeles Street Realignment Project after coordinating with LADOT, Council Office and CLA Office and MTA. Started construction on Highland Avenue widening project after coordinating Highland Avenue Relinquishment with Caltrans and funding coordination with Council District 4. Prepared documents to secure funds for Federally funded projects. Prepared State Transportation Improvement Program (STIP) Fact and Fund Sheets, Project Form for Regional Transportation Improvement Program (FTIP) sheets for Caltrans for Approved MTA Call for Projects.
Coordinated with other City Departments, outside agencies and consultants to solve funding and design problems to avoid delay in project delivery. Secured additional funding for Vermont Avenue Widening project from outside agency. Grant writing with 75% result of approved grant applications. Worked in advanced planning team for MTA Call for Project Application. Prepared 2001 MTA Call for Project Applications and Project Study Report Equivalent (PSRE) for Regional Surface Transportation Improvement (RSTI) Category. Coordinated with different City Departments, MTA and Caltrans to obtain appropriate and accurate information for the application. 7| Page
Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
David Alcala
Senior Inspector
Education:
Mr. Alcala has over 31 years of transportation and traffic • Westech College, ACCSCT engineering design and inspection experience, including construction of traffic signals, and ITS communication/fiber Registrations/Certifications:
systems projects. He has worked for cities throughout Los • Traffic Signal Inspection Angeles, Orange, San Bernardino and Riverside Counties and (TSI) other agencies in southern California. In addition, he has • Traffic Signal Operations significant experience with Caltrans Districts 7, 8 & 12 and I with Specialist (TSOS) the State of California Standards, Specifications, and the latest • Certified Public version of the CA-MUTCD. Currently, his Construction Inspection Infrastructure Inspector duties make up the bulk of his workload. He is responsible for (CPII) (Pending) obtaining work permits, interviewing and recommending contractors, and shop drawing approval. He also troubleshoots Professional Organizations:
emergencies, schedules walk-throughs, keeps clients informed on • Institute of Transportation work timetables and progress, ensures all work is conducted in Engineers (ITE) accordance with client policies, and procedures in support of the • International Municipal client objectives. He is knowledgeable of the requirements for Signal Association (IMSA) prevailing rates on all construction work and ensure client is • American Public Works receiving competitive rates for quality work. He is also proficient Association (APWA) in the use of most office software applications including Word, Excel, and PowerPoint as well as CAD software such as AutoCAD Years of Experience: 31 and MicroStation.
Relevant Experience
Paramount Blvd. Multiple Traffic Signal Upgrade Project, City of Downey, CA.
Inspected the modification of existing traffic signals and the installation of pull boxes and cable for the City of Downey Public Works Department. This project involved modifying, upgrading, and connecting several existing traffic signals along Paramount Blvd and tied into the existing fiber optic system. David was responsible for the preparation of daily logs and the inspection of installed elements of the project, including the proper staging of traffic control, work site safety, and verification of manpower used on the project.
Bellflower Bld and Stewart & Gray Fiber Optic/Communication Project; City of Downey, CA.
David was the lead inspector for the installation of fiber optic conduit, vaults, manholes, pull boxes and cable for the City of Downey Public Works Department. This project involved connecting the City of Downey Maintenance Yard and the Water Facilities Yard into the city's existing fiber optic communications system. This project also included the installation of conduit, cables, and pull boxes as well as the integration with an existing vault in Bellflower Blvd. David was responsible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of manpower used on the project. 8| Page
Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
Downtown Riverside Fiber Optic Project for Various Facilities; County of Riverside, CA.
David inspected and observed the installation of the F/O conduit, vaults, manholes, pull boxes and cable for Riverside County Information Technology. This project connected several county buildings including the DA's office, courthouse, and jail. Responsible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of manpower used on the project. Mr. Alcala has also worked on the construction and modification of numerous intersections within the City of Riverside in coordination with this project.
Metrolink Crossings at San Fernando Road/Broadway-Brazil Street and Chevy Chase Drive; City of Glendale, CA.
Mr. Alcala provided inspection and oversight services for this traffic signal/interconnect system and street improvement project. In addition to the signal construction, the project consisted of the installation of AC pavement, curb, and gutter, catch basins, and drop inlets as well as the construction of an 18" storm drain along San Fernando Road. Broadway-Brazil Street was widened at the Metrolink grade crossing with AC on the approaches and transitioned to PCC adjacent the railroad track. On San Fernando Road, a new southbound 14' wide right-turn pocket was installed. The grade was adjusted to accommodate the raised grade crossing which resulted from the widening of both roadways. David coordinated, with the on-site inspector, the ongoing activities to maintain the schedules of multiple disciplines. David scheduled employee interviews, answered RFI's and approved minor changes in the field.
Sonora Avenue/Air Way and Grandview Avenue/Air Way; City of Glendale, CA.
Mr. Alcala was the Construction Manager (CM) and provided oversight of the inspection and construction of traffic signal upgrades and street improvements at the intersections of Sonora Avenue/Air Way and Grandview Avenue/Air Way. The scope of work included the inspection of new curb and gutter, sidewalks, driveways, and AC pavement installation due to road widening in conjunction with a Metrolink Grade Crossing Project. David coordinated activities between the inspection and construction crews and was the liaison with the City's PM. Reviewed shop drawings and schedules and approved monthly invoices and quantities.
Traffic Signal and Fiber Optic Communications Project, City of Burbank, CA.
David provided oversight of the inspection and construction of the traffic signals and the installation of fiber optic conduit, vaults, manholes, pull boxes and cable for the City of Burbank along Hollywood Way, Thornton Avenue, Verdugo Avenue, and Pass Avenue from SR 134 to Oak Street. A median island 'pork chop' was installed in existing gore point pavement area at the convergence of a third street. Grades were adjusted to allow for water sheeting into the new gutters into existing drop inlets to alleviate periodic flooding. David was tasked with troubleshooting minor discrepancies between the plans and actual field conditions, scheduled walkthroughs and kept the City PM informed of work timetables and progress. I coordinated with the onsite inspector to ensure that all work was conducted in accordance with City standards.
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Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
Local Preference Eligibility
Infrastructure Engineers has an office in the City of San Bernardino, qualifying our firm for Local Preference Eligibility. Four (4) employees work directly from that location, and we currently have two employees doing business in the City of San Bernardino. Our San Bernardino office is located at:
301 E. Vanderbilt Way, Suite 408
San Bernardino, CA 92408
Below is a copy of our City of San Bernardino Business License TINY
City of San Bernardino
Business Registration Certificate
This Business Registration Cerdficate dnes not indicate the legal operation of thts hustress at this location.
Outer approvals by other City departents may be requirl. This certificate is issucd without veriticatun that the certificabe is subject is or exenpt from licensing by the State of Tailornia. It Is the responsibly feach business owner to obtain und (909)384-5302 or (909)384-5035.
POST IN A CONSPICUOUS PLACE
Account Number: 960807
Business Class: CONSURTANT (OUTSIDE) Expiration Date: 12/31/2022 Notes:
Business Name: INFASTRUCTURE BNGINBERS
Business Location: 3060 SATURN ST STE 250
INFASTRUCTURE ENGINEERS
BUSINESS RECISTRATION CERTIFICATE NON TRANSFERABLE
CITY OF SAN RERNARDINO BUSINESS REGISTRATION
P.O. BOX 1318 ACCT NO. 960802
SAN BERNARDINO, CA 92402-1318 DATEPAID 12/15/2021
595106 $4.00
$60.00
BALANCE 50.00
5500712007037.0003225 MIXED RAOC
INFASTALICTURE ENGINEERS
A BREA CA 922 11 5E 250 REA CA 9282 1-1733
10 | Page
Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
Experience in the City of San Bernardino
Infrastructure Engineers has provided on-call traffic engineering services to the City of San Bernardino since 2019, making our firm uniquely qualified to oversee the On-Call Traffic Engineering Services contract.
Additionally, we have provided two members of our staff to assist the City of San Bernardino Public Works Department through an on-going services contract. As well, we have provided engineering design services for the recently constructed Sidewalk Gap Closure Safe Routes to School project, a federally funded school-zone safety improvement project for 3 school locations. Our relationship with your City has allowed our team to develop a great rapport with your staff and infuse us with a deep understanding of your methods, operations and expectations.
3. Deliverables and Forms
The deliverables will meet the following LAPM Chapter 10 guidelines for Non-Discrimination clause (Exhibit 10-R), Disadvantage Business Enterprise (DBE) participation and all applicable and required forms such as Exhibit 10-H, 10-I, 10-K, 10-01, 10-02. IE will also complete the applicable forms during the construction period, per the Local Assistant Procedure Manual Chapter 16.
4. Lump Sum Fee
Infrastructure Engineers' "Lump Sum Fee" appears in "Consultant Envelope B" per the RFP. 11 | Page
Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
5. Exhibit 'A' - Project Location Map
Exhibit A' N
Project Location Map
Vicinity Map: City of San Bernardino Advanced Dilemma Detection Project -6-
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12 | Page
Proposal for Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections City of San Bernardino - April 21, 2022
6. Addendum
No addenda have been issued for this RFP.
7. Caltrans Forms
The required forms appear on the following pages.
13 | Page
301 E. Vanderbilt Way, Sulte 430
San Bernardino, CA 92408
Lump Sum Fee Proposal
Construction Management & InspectionServices
Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections Along Mount Vernon Ave, Highland Avenue, And Baseline Street City of San Bernardino
4/21/2022
INFRASTRUCTURE ENGINEERS TEAM
ZSE & Associates
Raymond Abbasl, MSCE, TE, PE, Construction Management, Labor QSD/QSP David Alcate Complance, Fund & Program
TASK DESCRIPTION
Principal in Charge Senior Inspector Management, Construction Coordination, Team Total TOTAL FEE Administration
Hours Hourty Rate Hours Hourly Rata Flat Fea
A. Project Management & Inspection Services 185 650 129 $86,070 $86,070 B.Construction Management & Labor Compliance, Fund & Program Management, Construction Coordination, Administration
Task1- Construction Management 100 $16,000 $16,000
Task 2- Obtaining and Reviewing the certified payroll 10 $1,070 $1,070 Task 3 - Comparing all force account (time and materiat) billings to certified payroll 10 $1,070 $1,070 Task 4 - Interviewing contractor / sub contractor/ workers 10 $1,070 $1,070 Task 5 - Comparing sub contracting request to the bidder's list of subcontractor 10 $1,070 $1,070 Task 6 - Comparing the DBE Commitment Form (Exhibit 15-G) and the contractor's subcontracting request (Exhibit 16-8) prior to approving the subcontracting request 10 $1,070 $1,070 Task 7 - Maintain written evidence of apprentices employed on the project 10 $1,070 $1,070 Task 8 - Checking daily reports, interviews, payroll and wage rates in order to determine contractor and subcontractor compliance 10 $1,070 $1,070
Task 9 - Collecting certificate of compliance 10 $1,070 $1,070 Hours 12 650 Flat Foe
Sub-Total $2,220 $83,850 $24,560 110,630
TOTAL FEE $110,630
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed 2 Prime Consultant • Subconsultant • 2nd Tier Subconsultant Consultant Infrastructure Engineers
Project No. HSIPL 5033(057) Contract No. Date 04/21/2022
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total (Project Manager) _Raymond_Abbasi _12_ $ 185_ $ _2,220
(Inspector) David Alcala 650 $ 129 $ 83,850
LABOR COSTS
a) Subtotal Direct Labor Costs $ 86.070
b) Anticipated Salary Increases (see page 2 for calculation) $ c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 86.070
INDIRECT COSTS
d) Fringe Benefits (Rate: 0.00 %) e) Total Fringe Benefits [(c) x (d)]S 0.00 f) Overhead (Rate: 0.00 (%) g) Overhead [(c) x (fIS 0.00 h) General and Administrative (Rate: 0.00 _%)i) Gen & Admin [(c) x (h)]S 0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]S 0.00
FIXED FEE k) TOTAL FIXED FEE [(c) + (i)] x fixed fee 0.00 %] $ 0.00 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs $ 0.00
Femin et Rental and Supplies $ 0.00
$ 0.00
Plan Sheets S $ 0.00
Test S $ 0.00
1) TOTAL OTHER DIRECT COSTS $ 0.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: ZSE & Associates $ 24,200
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
m) TOTAL SUBCONSULTANTS' COSTS $ 24,560
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I)+(m)] $ 24.560 TOTAL COST [(c) + (i) + (k) + (n)] $ 110.630
3. Anticipated salary increases calculation (page 2) must accompany.
January 2020
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for Ist year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
$250,000.00 5000 = $50.00 Year 1 Avg
Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation
Year 1 $50.00 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + + + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1
Year 2 40.0% * 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% 5000 = 750 Estimated Hours Year 3
Year 4 15.0% * 5000 = 750 Estimated Hours Year 4
Year 5 10.0% * 5000 = 500 Estimated Hours Year 5
Total 100% Total 5000
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 $50.00 * 1000 = $50,000.00 Estimated Hours Year 1 Year 2 $51.00 * 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 * 750 = $39,015.00 Estimated Hours Year 3 Year 4 $53.06 * 750 = $39,795.30 Estimated Hours Year 4 Year 5 * 500 $27,060.80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation $257,871.10
Estimated tosal of Died Labor Salary $250,000.00
Transfer to Page 1
Increase $7,871.10
NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the #
2. (ne. S30,000 a% * 5 5 rs 0a is nou an aice by alany nerolse% multiplied by the t of years is not accepabl Talculations fra nipated silly escalad at musabe providest proposal before salary increases are grantec
January 2020
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifving:
Name: _ Farzad Dorrani Title *: Chief Operations Officer Signature Date of Certification (mm/dd/yyyy): 04/21/2022 Email: [email protected] Phone Number (714) 940-0100 Address: 3060 Saturn Street, Suite 250, Brea, Ca 92821
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Project Management
Construction Managemen
Construction Inspectio
January 2020
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of 22.2
1. TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 FR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").
The Consultant must ensure that DEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01: Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own forces.
2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
January 2020
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The BE joint venture partner must share in the capital contribution, control, management risks and profits of the joint venture commensurate with its ownership interest E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.
F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.
B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website.
1. Click on the link titled "Access the DBE Query Form"
2. Click on "Start DBE Firms Query" link
Searches can be performed by one or more criteria. Follow instructions on the screen.
6. materials or supplies purchased from dbes count towards the dbe goal under the following conditions:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.
January 2020
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF
INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Legal Name: Advanced Applied Engineering, Inc. D.B.A. Infrastructure Engineers mportant: Consultant means the individual or consultant providing engineering and design relate ervices as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, th Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate:
Combined Rate 3.1 .% OR
Home Office Rate % and Field Office Rate (if applicable) _% Facilities Capital Cost of Money % (if applicable)
Fiscal period * Julyl, 2020 to June 30 2021
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an Indirect Cost Rates) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally- funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on Exhibit 10-A.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
March 2018
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All Ade Contract Intormation:
• Total participation amount $ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant's experience with 48 CFR Part 31 is • Audit history of the consultant's current and prior years (if applicable) • Cognizant ICR Audit Local Gov't ICR Audit •Caltrans ICR Audit • CPA ICR Audit Federal Gov't ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name**: Farzad Dorrani Title**: Chief Operations Officer Signature: Date of Certification (mm/dd/yyyy): 05/09/2022 Email**: [email protected] Phone Number**: (714) 940-0100 hie Financial orce, or ruined, ice toil represense man in organi und a stil the hand vo paiden, a ote: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K form altrans will not process local agenc's invoices until a complete Exhibit 10-K form is accepted and approved Caltrans Audits and Investigations.
Distribution: 1) Original - Local Agency Project File
2) Copy - Consultant
3) Copy - Caltrans Audits and Investigations
March 2018
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: City of San Bernardino Construction Management & inspection Services to Instal Advance Dema one Detection System at ForyNine 2. Contract DBE Goal:
(49) Signalized Intersections
3. Project Description:
4. Project Location: City of San Bemardino
5. Consultant's Name: Infrastructure Engineers 6. Prime Certified DBE: D
7. Description of Work, Service, or Materials 8. DBE
Supplied Certification 9. DBE Contact Information 10. DBE % Number
Construction Management & Labor Compliance ZSE & Associates Fund & Program Management, Construction 7030 Gaskin Place, Riverside, Ca 92506 Coordination, Administration Phone: (818) 522- 7966
50988 [email protected] 22.20
Local Agency to Complete this Section
17. Local Agency Contract Number:
11. TOTAL CLAIMED DBE PARTICIPATION 22.2%
18. Federal-Aid Project Number:
19. Proposed Contract Execution Date:
20. Consultant's Ranking after Evaluation:
PORTANT: Identify all DBE firms being claimed for cre
gardless of tier. Written confirmation of each listed DBE ocal Agency certifies that all DBE certifications are valid and information o required. his form is complete and accurate
04/21/2022
21. Local Agency Representative's Signature 22. Date 12. Preparer's Signature 13. Date Farzad Dorrani (714)940-0100
23. Local Agency Representative's Name 24. Phone 14. Preparer's Name 15. Phone Chief Operations Officer
25. Local Agency Representative's Title 16. Preparer's Title DISTRIBUTION: Original - Included with consultant's proposal to local agency.
LPP 18-01 Page 1 of2
January 2019
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
ADA Notice: For individuals with sensory disabilities, this document is available in alterate formats. For information call (916) 654-6410 or TDD (916) 654 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814
INSTRUCTIONS - CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Location - Enter the project location as it appears on the project advertisement.
4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).
5. Consultant's Name - Enter the consultant's firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be ovided. Indicate all work to be pertormed by DBEs including work performed by the prime consultant's ov orces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe t exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant's name and phone number, if the prime is a DBE.
10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name.
13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.
14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.
15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
19. Proposed Contract Execution Date - Enter the proposed contract execution date.
20. Consultant's Ranking after Evaluation - Enter consultant's ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.
21. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.
22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
23. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form.
24. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form.
LPP 18-01 Page 2 of 2
January 2019
Local Assistance Procedures Manual Exhibit 10-0:
Consultant Contract DBE Commitmen
EXHIBIT 10-02 CoNSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: City of San Bemardino 2. Contract DBE Goal: 22.2% Construction Management & Inspection Services to Install Advance Dilemma Zone Detection System at Forty-Nine (49) Signalized Intersections
3. Project Description:
4. Project Location: City of San Beardino
5. Consultant's Name: Infrastructure Engineers 6. Prime Certified DBE: • 7. Total Contract Award Amount: N/A N/A
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials 11. DBE 13. DBE Certification 12. DBE Contact Information Dollar
Supplied
Number Amount
Construction Management & Labor Compliance, ZSE & Associates Fund & Program Management, Construction 7030 Gaskin Place, Riverside, Ca 92506 Coordination, Administration. Phone: (818) 522-7966
50988 [email protected] $24,560
Local Agency to Complete this Section
20. Local Agency Contract $24,560
Ahimher 14. TOTAL CLAIMED DBE PARTICIPATION
21. Federal-Aid Project Number:
22.2%
22t Contract Execution
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required.
04/21/2022
23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Farzad Dorrani (714)940-0100
25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Chief Operations Officer
27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency
July 23, 2015
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
DA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654 880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814
INSTRUCTIONS - CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant's Name - Enter the consultant's firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants - Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants - Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant's name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed (Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.
17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
July 23, 2015
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form.
July 23, 2015
EXHIBIT B
NONDISCRIMINATION REQUIREMENTS
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors-in-interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles Il and Ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 17 • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title Vi, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 14100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
18 EXHIBIT C
FEDERAL REQUIREMENTS
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Consultant) agrees as follows:
Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of I ransportation, litle 49, Code of Federal Regulations, Part 21, as they may be amended trom time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: Consultant, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
C. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.
Sanctions for Noncompliance: In the event of Consultant's noncompliance air the no sanctions as or the HA may determine the propriate, inclusing, but not limited to:
i. withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or cancellation, termination or suspension of the Agreement, in whole 19 or in part
f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
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